The item on today’s Delray Beach City Commission agenda says only: “Consideration of removal of DDA board member Richard Burgess.” As usual in Delray Beach, however, there’s more to it.
Beyond the immediate question of whether to remove Burgess, sources tell me, is the battle for control of the Downtown Development Authority. The battle began a year ago, when the previous commission named Burgess to the seven-member board.
A year ago, four commissioners were aligned politically against then-Mayor Shelly Petrolia. Under the rotation system, each of them got an appointment, thus creating a new majority, also aligned against Petrolia.
Before that June 6 vote, two board members aligned with Petrolia had tried to argue through the DDA’s attorney that the two-term-limit rule did not apply and that they could stay on. The city disagreed. Petrolia had sympathized with the board members’ argument.
Differing attitudes toward the DDA became clear during the meeting. Commissioners aligned against Petrolia accused DDA staff of selective code enforcement and opposing the commission-approved downtown parking plan.
Ten months later, the commission has a majority aligned with Petrolia—Mayor Tom Carney and commissioners Juli Casale and Thomas Markert. The former mayor worked to elect all of them last month.
The case against Burgess stems from the letter of reprimand he received on March 7 from the Palm Beach County Commission on Ethics. It states that the commission found “clear and convincing evidence” that Burgess falsified his application to the DDA board when he listed a business address within the DDA boundaries. The position required that he have such an address. According to the letter of reprimand, the violation was “intentional.”
Burgess will appear today to argue against his removal. He surely will note that the commission did not recommend it. Removal would take four votes, not the usual simple majority.
In a statement, Burgess said, “Unfortunately, there has been some misinformation that has been spread around Delray Beach regarding this issue. I hope the information we are going to present will correct anyone’s concerns or opinions.”
Angela Burns and Rob Long remain from the commission that approved Burgess’ appointment, which came from former Commissioner Adam Frankel. Petrolia worked to defeat Burns and Long last year. If we assume that Carney, Casale and Markert would vote to remove Burgess, Burns or Long would have to go along. Burgess could go to court if he is removed.
Mavis Benson filed the complaint against Burgess. She was one of the DDA board members who challenged the term-limit rule. When Benson chaired the DDA, the agency threw Petrolia a lifeline by agreeing to run Old School Square after Petrolia, Casale and former Commissioner Shirley Johnson ended the lease with the group that created and named the complex.
The DDA’s contract expires Sept. 30. One issue for the commissioners not aligned with Petrolia was their belief that the DDA was unwilling to let Old School Square Center for the Arts have a role in running the complex.
So, this is about much more than Rick Burgess. I’ll have more after the meeting.
Delray fire chief in the hot seat
Also in Delray Beach, an investigative report questions the decision by Fire Chief Keith Tomey to let three on-duty firefighters play in the annual Guns and Hoses police-fire charity softball game last November.
Because the firefighters were on duty, the investigator wrote, an engine had to be essentially out of service during the game. That could have meant longer response times to calls during the game. Tomey said that if enough off-duty employees were available, he would ask on-duty personnel to play. The engine was out of service for nearly five hours.
The report says that the three firefighters were “erroneously compensated” by being paid for what was supposed to be an off-duty activity. According to the report, Tomey defended his decision by saying that participation was “consistent with the city’s goal.”
Though the report found no violations of city policy, it states that Tomey was “rather cavalier” about overtime pay. Police Chief Russ Mager, the report noted, understood that officers who played in Guns and Hoses were not to be paid. Tomey’s “decision to take a different approach calls into question his leadership decisions.”
The report arrived as the city commission was turning over. I would expect a discussion about the report soon.
Two sea turtles to return to Gumbo Limbo, more to follow
Two resident sea turtles already have returned to Boca Raton’s Gumbo Limbo Nature Center. Very soon, turtles needing rehabilitation will come back, too.
The Coastal Stewards announced Monday that they have received the necessary permit from the Florida Fish and Wildlife Conservation Commission. A Coastal Stewards representatives said turtles could arrive “any day.”
Acquisition of the permit comes roughly a year after the Coastal Stewards, formerly the Gumbo Limbo Coastal Stewards, and the city agreed that the group should take over the rehabilitation program. The city remains in charge of the resident turtles and rescue of injured turtles, along with monitoring nesting on the beach. The city also runs most of Gumbo Limbo’s education programs and all other exhibits.
When the city employee who held the rehabilitation permit declined to join the Coastal Stewards, the group had to apply for a new permit. That came after the hiring of new staff members. The group has 16 employees, a mix of full-time and part-time.
To mark the milestone, the Coastal Stewards will hold an open house for the rehab center on May 9 from 12:30 p.m. to 4 p.m. The representative said the event was delayed to ensure that turtles will be back at the facility.
FAU can begin new president search—but when?
Florida Atlantic University can start its new presidential search. When that might happen remains uncertain.
Last month, the Board of Governors (BOG)—which supervises the university system—approved changes to policies governing searches. The board said the changes were necessary to prevent what an inspector general’s report found to be violations with the first search, which the board halted.
On the agenda for Wednesday’s meeting of the FAU trustees is an item titled “Presidential Search Update.” Before a search can begin, the trustees will have to compile a presidential profile—as they did the last time—and hire a search firm. Piero Bussani, who chairs the trustees, then will have to pick someone to chair the search committee.
Under the new rules, BOG Chairman Brian Lamb must agree on the choice. That person will decide who serves on the search committee. I’m told that no one who served on the first one will be chosen.
Faculty members have asked that the schedule allow finalists to be interviewed while classes are in session. In the best case, FAU may have a new permanent president by the end of this year. Stacy Volnick, who may apply, has been interim president since January 2023. I’ll have more after the meeting.
Boca looks to redevelop Palmetto Park Road. Again.
Boca Raton is trying yet again to craft a plan for making a downtown portion of Palmetto Park Road more appealing to pedestrians and more profitable for businesses.
Previous attempts have failed because of conflicting demands. City officials and business owners want traffic to be slower. Residents who live east of the bridge over the Intracoastal Waterway want no delays as they drive through downtown to somewhere else.
This time, the city has hired a consultant and may hire another to offer recommendations. Residents can offer their thoughts in an online survey. And the first public outreach meeting will take place from 6 p.m. to 8 p.m. on Wednesday at the downtown library.
Councilwoman Fran Nachlas believes that there is “momentum” this time. She hopes that the city’s centennial next year will raise interest in reclaiming one of Boca Raton’s key stretches. “We just need to slow things down on that road.”
A gift to FAU will establish a Holocaust and Jewish Studies building
Speaking of FAU, the university announced last week a notable addition to its Holocaust studies program.
According to the news release, a “significant gift” will establish the Craig and Barbara Weiner Holocaust Museum. It will be within the Kurt and Marilyn Wallach Holocaust and Jewish Studies Building on the Boca Raton campus. It will feature “a substantial collection of artifacts,” such as material for a Nazi study of eugenics.
The Weiners established a similar museum at Nova Southeastern University in Broward County. In 2021, the Anti-Defamation League named the Weiners “Community Change Makers,” saying that they are “dedicated to engaging with students and educators to contemplate the horrendous acts that result from bias and bigotry.”
