Boca Raton mostly lost in last week’s ruling from a lawsuit over development of a vacant oceanfront lot.
Palm Beach County Circuit Court Judge Donald Hafele found that the city failed to provide records sought by Delray Beach-based Azure Development. Azure had asked for the records as part of its lawsuit challenging the denial of a variance to allow construction of a large duplex at 2600 North Ocean Boulevard on A1A.
The litigation dates back five years to just after the denial. Azure has alleged that city council members, city officials and advisory board appointees worked in secret to make a case against the project. In so doing, Azure claimed, Boca Raton violated the state’s Sunshine Law and then denied Azure a look at records that would have bolstered the developer’s argument.
Hafele generally agreed. Though he “takes no issue” with what the city produced at first, because of what the city produced later or not at all, “a reasonable finder of fact could determine that” those documents “were damning to the city at a time when the city was going through a significant amount of turmoil and which could have led to further embarrassment.”
Hafele “is not suggesting that any records were purposely withheld.” Still, he found for Azure on two of the company’s four counts—that the city unlawfully withheld public documents and unreasonably delayed the release of others. On the other two counts, Hafele found that the city did not unlawfully destroy records, and he denied Azure’s request that the city immediately make available all the records the company sought.
When the possibility that this lot and the one to the south— 2500 North Ocean Boulevard—might be developed, public opposition arose. Because of that opposition, Azure claims, the city then worked in secret to secure an unfavorable recommendation from the Environmental Advisory Board that the council used to justify denying the variance. Azure needed that variance because the duplex would be so close to the ocean.
This is not the city’s first courtroom loss over these properties. Taken together, the rulings reflect badly on current and former elected and appointed officials.
Thirteen months ago, a federal judge issued similar criticisms in a lawsuit filed by the owner of the 2500 lot. Rodney Smith said Mayotte, O’Rourke and Mayor Scott Singer had prejudiced themselves before voting to deny a permit for a large home on the property. The state had approved the permit.
Smith also bashed then-City Manager Leif Ahnell, then-Deputy City Manager George Brown—who on Jan. 1 succeeded Ahnell—and members of the environmental advisory board. Though Smith still has not issued a written order—he made his comments from the bench—the city has appealed. Smith had ordered the city to process the application.
Previously, a panel of state judges also found that Mayotte and O’Rourke had prejudiced themselves by saying before the vote that they would oppose the permit for the 2500 lot. The judges ordered a new vote, without Mayotte and O’Rourke participating. That vote hasn’t happened.
Four months ago, the city’s attorneys said in a filing that Azure’s “baseless accusation” had been “thoroughly debunked.” Not according to Hafele.
What happens now? Azure’s attorney did not return a call by deadline for this post. Beyond the demand for records, the lawsuit asks only for attorney fees and “further relief as this Court deems just and proper.”
City officials rarely comment on pending litigation. City Attorney Diana Frieser had scheduled an executive session— public excluded—on the Azure case, then cancelled it.
Delray asks to end water quality consent order early
Delray Beach wants to end the consent order over the city’s water system almost a year early.
To review, the Florida Department of Health investigated complaints that reclaimed water—to be used only for irrigation— had contaminated drinking water. Investigators found multiple violations and ordered the city to pay a roughly $1 million fine, negotiated down from $3 million.
Under the three-year consent order, which the city commission approved in November 2021, Delray Beach had to make improvements to guard against such cross-contamination. The city also must issue regular reports to the Department of Health to show that it is complying with the order.
Last week, Utilities Director Hassan Hadjimiry sent a letter to Rafael Reyes, the county health department’s environmental health director. Hadjimiry said the city has “resolved all outstanding issues” in the consent order. No repeat contamination, Hadjimiry said, has occurred.
“Considering the fulfillment of all obligations,” Delray Beach “kindly requests” that the state close the consent order. Hadjimiry thanked Reyes for “guidance in helping the city make well-informed decisions for the benefit of our community.”
City Manager Terrence Moore said, “We are in great shape” on water quality. He praised the “energy, tenacity and professionalism of Hadjimiry “and his team.” Another factor in Delray Beach’s favor is that the city soon will start construction on a new water plant, which could be operating in 2027.
Residents first complained about water making them sick in December 2018. Investigations by the state and the county’s Office of Inspector General found that Delray Beach officials tried to cover up cross-contamination problems.
Last April, the city agreed to an $818,500 settlement with a former utilities inspector. The U.S. Department of Labor found that Delray Beach “illegally harassed and retaliated” against her “for reporting the pollution concerns.” In July 2021, the assistant director of the utilities department resigned after a complaint that he obtained his operator’s license under “false pretenses.”
The state investigation found that the problems stretched over 13 years, from 2007 until 2020. This clearly is an issue that Delray Beach wants to put behind it. I’ll have more when the state responds to the city’s request.
Pride intersection defaced again
For a second time, someone has defaced Delray Beach’s LGBTQ Pride intersection in Pineapple Grove.
According to a city spokeswoman on Monday morning, “visible tire marks” were on the intersection at Northeast First Avenue and Northeast Second Street. The police investigation has found a “person of interest.”
In June 2021, Alexander Jerich defaced the intersection two days after the city dedicated it. Jerich was driving his truck in a birthday parade for Donald Trump when someone goaded him to “tear up that gay intersection.” Jerich pleaded guilty and was sentenced to probation.
Boca office leasing numbers rise
Boca Raton officials continue to tout the city as an attractive location for business owners.
According to figures from the city, office leasing in 2023 totaled 523,000 square feet. That’s a 10 percent increase from 2022. Activity in Fort Lauderdale and West Palm Beach was 343,000 square feet and 126,000 square feet respectively, despite those cities being larger.
West Palm Beach has about 118,000 residents, compared with Boca Raton’s population of 100,000. West Palm Beach also has aggressively recruited financial companies seeking to move from New York. Fort Lauderdale has about 180,000 residents.
In its annual economic report, Boca Raton cites the Midtown Place project under construction where the Bally’s gym once stood on Military Trail east of Town Center Mall. It will have 120,000 square feet of office space. The report also mentions Aletto at Sanborn Square, the downtown office project.
Boca seeks resident feedback
Boca Raton is holding three forums seeking resident and business owner comment before the city council holds its annual strategic planning meetings.
The first two will take place at the downtown library on Thursday between 9:00 a.m. and 11:45 a.m. and Friday between 1 p.m. and 3:45 p.m. The third will take place at the Spanish River library on Feb. 12 from 6 p.m. to 8:45 p.m.
Those council meetings will happen in the spring. In recent years, council members have tried to limit the number of ideas to a manageable level and align them as much as possible with the city’s main priorities. One of those, as the previous item suggests, is economic development.
Mayotte supports Thomson
In 2018, Mayotte and O’Rourke celebrated at a Boca Raton restaurant when it appeared that their favored candidate, Kathy Cottrell, had won a special election to join them on the council.
In fact, a hand recount showed that Andy Thomson had overcome Cottrell’s 35-vote margin to win by 33 votes. This year, Thomson again is running for the council after losing a 2022 race for the Florida House. Mayotte has a Thomson sign in her front yard.
