News Naked Negotiation in Riviera Beach

How a Riviera Beach official allegedly does business in a very warm climate
By Bob Norman Thursday, Jul 10 2008

Kyle T. Webster

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Michael Goelz Cedrick Thomas Bob Gregory Urban Planning Economic Issues

Nightclub owner Michael Goelz says he received an unusual request from Riviera Beach Commissioner Cedrick Thomas when he requested a meeting about his plan to take over the city marina's popular tiki bar. It involved nudity, the businessman says. "He asked me, 'How much do you want to spend on the tiki bar?' " says Goelz, who has been aggressively pursuing the lucrative tiki bar lease with the city. "I told him north of $25,000 a month. When I said that, his eyes opened up like flying saucers, buddy. We exchanged cell phone numbers, and I suggested we meet at the Cracker Barrel."

This conversation allegedly took place in the city parking lot after a City Commission meeting in April. Goelz's offer was significantly higher than the city's deal with the current leaseholder of the Tiki Waterfront Sea Grill at the Riviera Beach Municipal Marina. "That's when [Thomas] said, 'We need to meet in a place where you're going to be able to get naked, so I can check to make sure you're not wearing a wire and we can talk about the tiki bar,'" Goelz says. Goelz, who owns Mr. G's Rock Bar & Grill in West Palm Beach, says he assumed the commissioner had illicit aims. And he says that he's heard such things before (in fact, Goelz served probation in a 1991 racketeering and unlawful-compensation case in Broward County). But Thomas, who's chairman of the city's community redevelopment agency, denies that he ever said anything about stripping down or a wire when he spoke with Goelz that night. He responds to the allegation with pique. "Why would I risk my life, my career, on somebody who is trying to do something in the city?" the 31-year-old politician and former cop asks. "I have one vote. You need at least three. I'm the one he feels like he can pull straws on right now, and after me it will be someone else. I'm very tired of this. Can you, one time, just one time, give the elected official the benefit of the doubt? Somebody stops me in the parking lot, I say yes I'll meet with him. I'm too accommodating because I'm trying to be fair, and all it does is get my name run through the mud. I know one thing: I am never going to talk to anyone ever again without someone else there to listen." Back to Goelz. The nightclub owner alleges that Thomas told him at the time that he would deny it if he told anybody about the request. He also says he's willing to take dueling polygraph tests with Thomas to prove he's the one telling the truth. "I want him to take a polygraph, and let it be the FBI's machine," Goelz says. "I'll be the first one to step up, baby. I'm not playing anymore. The gloves are off. I don't fucking care anymore." What about Thomas? He said he would take a polygraph, er, "if I have to." This is only the latest chapter in the strange and terrible saga involving the northern Palm Beach city's $2 billion-plus redevelopment plan for the public marina, a project that has drawn a substantial investment from local billionaire Wayne Huizenga and is expected to be one of the largest and most expensive waterfront projects in South Florida. The idea is to turn what is now essentially a poor city's blight into rich man's gold and it has so far involved numerous lawsuits and failed attempts to wrest away homes through eminent domain.

Riviera Beach city government has been wracked with corruption and mismanagement throughout the process, leading to a state audit that, among myriad findings, discovered some dubious dealings at the city-leased tiki bar. The bar has long served as a sometimes-free watering hole for public officials at the same time the officials were giving the current tiki bar owner, Bob Gregory, a ridiculously sweet deal on the bar. He pays only $2,550 a month to rent 11,000 square feet of waterfront property on a popular part of the Intracoastal next to Peanut Island. I recently wrote that the city had likely lost $1 million on the deal during the past five years [see "Riviera Beach Sweetheart," May 22]. The city has since responded by altering the lease to make Gregory pay about $100,000 a year more on the lease. A vote is scheduled for July 16. But Goelz, as he allegedly told Thomas in the parking lot, claims he's willing to pay more than $25,000 a month for the lease roughly twice what Gregory would pay under the proposed new terms of the contract. Any prudent city, obviously, would put the lease out to bid to get the best bang for the taxpayers' buck. Gregory has already made his mint, and if he's willing to pay as much as Goelz or anybody else, then he should be able to keep the lease. Otherwise, the city should go with the highest bidder. Gregory, meanwhile, hasn't proved to be a wholly above-board tenant. The city recently discovered that he violated city ordinances when he installed his deck and the band stage without obtaining any of the necessary permits.
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Yet Thomas and a majority of his colleagues on the dais support the new contract with Gregory anyway. Neither Thomas, who has met with Gregory several times, nor any other commissioner has demanded that the tiki lease be put out for bids. "I'm not against that, but city staff hasn't proposed it," the commissioner says. The tiki bar, of course, is tied to the larger marina district redevelopment plan. Thomas recently voted to put out a request for proposal on that project. Considered the leading contender to win the contract is Viking Group, a politically connected yacht company in town. The company, in fact, was already selected for the project, but the plan was scuttled due to lawsuits involving eminent domain issues.

Kyle T. Webster

Two weeks ago, Thomas and the rest of the commission voted to abandon a little-used public street to Viking to assist in its development plans. A little-noticed catch: Thomas is financially connected to Viking. The commissioner owns a company called Cedrick's Charter Bus. One of that company's chief clients is the Riviera Beach Maritime Academy, a charter school founded and administered by Viking. Thomas says he runs two buses to and from the school every day for $97,000 a year, and he had worked for the school for two years before he filed to run for office. His voting on any matter related to Viking which also donated the maximum $500 to his campaign would seem to be a glaring conflict of interest, in violation of Florida laws. Yet Virlindia Doss, deputy executive director of the Florida Commission on Ethics, wrote Thomas an informal opinion late last year stating that it wasn't a conflict since Thomas' company received the checks rather than Thomas personally. It's an absurd opinion with no legal standing, making one question Doss' own competence (even the usually reserved Palm Beach Post, which reported on the opinion last year, called it "ludicrous.") Thomas' vote to abandon the public street for Viking stinks and the idea that he might vote for his client to take over the multibillion-dollar redevelopment of the waterfront is odious. Thomas insists his financial connection to the company wouldn't affect his vote and he says he plans to dissolve the charter service in the near future due partly to the high cost of gas. "People don't understand that I have to put out two buses, two drivers, and fuel," he says. "I have to do many other things in order to keep this contract. You try to do what you can for the city. I was an Explorer [Scout] for the fire department and police growing up. I became a police officer. I try to serve the city. That is it. I do not need anything personal from the city. I have always made my own money."

The fact remains, however, that the source of the money he's making is Viking. And that doesn't help his credibility on matters involving waterfront development, the tiki bar, or even strip searches.

THE PALM BEACH POST Thursday, August 07, 2008 Edition: FINAL Section: LOCAL Page: 3B Source: By WILLIAM E. COOPER Jr. Palm Beach Post Staff Writer Memo: Ran all editions. Dateline: RIVIERA BEACH TIKI OWNER TO PAY MORE AS RIVIERA EXTENDS LEASE The Tiki Waterfront Sea Grill will continue to serve up beer and fish under its hut with the city council's unanimous vote Wednesday to extend the restaurant's lease for three years. R.G. Group will maintain control of the popular restaurant at the municipal marina, 200 E. 13th Street. The decision ends months of debate over whether the city was getting the best deal after claims that council members were friendly with owner Bob Gregory. Those allegations prompted councilwomen Dawn Pardo and Judy Davis to acknowledge they received campaign contributions from Gregory. Pardo and Davis were elected in March. That didn't deter their support for renewing the lease. "The council made a very sound decision with a proven operator rather than going with someone trying to ride on the coattails of someone else's hard work," said Gregory's attorney, Wayne M. Richards. Under the lease, Gregory's monthly rent will rise from $2,637 to $6,500. He also agreed to pay $7,000 in utilities, a major increase over the $800 a month under the current contract. Richards was referring to businessman Michael Goelz, who has lobbied the council to seek bids on the Tiki's lease. Goelz, who operates a suburban West Palm Beach rock bar, offered to pay $22,500 a month in rent to assume the Tiki's lease. But the council balked at Goelz's offer, contending that Gregory had invested more than $700,000 to make the restaurant what it is today. "My issue is loyalty," said councilman Shelby Lowe. The renewal comes as the city is soliciting developers to redevelop the marina and surrounding properties. The Marina District, as it has been

dubbed, covers 15 acres between the Intracoastal Waterway and Broadway. The plan calls for leasing the marina; revamping Bicentennial Park; relocating Newcomb Hall, a community center used for public gatherings; and taking over Spanish Courts, a cluster of former motel cottages just north of the Port of Palm Beach. Although the Tiki is located in the heart of the Marina District, the council agreed to issue a separate contract for the restaurant. Some residents, including former Councilwoman Liz Wade, reminded officials that Gregory took over a blighted building in 2003 and turned into a profitable business. "When the current lessee took over the Tiki, we couldn't give away," said Tony Gigliotti, chairman of the Singer Island Civic Association. "Don't penalize the current lessee because he's been successful." ~ bill_cooper@pbpost.com Keywords: RB BUSINESS UTILITY COST Tag: 0808070128 ========================================================== THE PALM BEACH POST Wednesday, August 06, 2008 Edition: FINAL Section: LOCAL Page: 3B Source: By WILLIAM COOPER JR. Palm Beach Post Staff Writer Memo: Ran all editions. Dateline: RIVIERA BEACH RIVIERA GRILL'S LEASE GOING UP FOR VOTE TONIGHT Patrons of the Tiki Waterfront Sea Grill will learn today whether the beer and fish will continue to flow from the municipal marina as the city council considers renewing the restaurant's lease. Renewing the three-year lease has been the focus of controversy because some residents believe the city isn't charging the Tiki enough in monthly rent. After months of negotiations, the Tiki and the city settled on $6,500 a month, while businessman Michael Goelz, owner of Mr. G.'s Rock Bar and Grill in suburban West Palm Beach, has offered to pay $22,000. "I thought they were people who really cared," said Goelz, who has remained vocal about his opposition to the council's refusal to put the lease out for bid. "I am in a position to offer them a lot more than they're getting."

 But the council, which meets at 6:30 p.m., has remained firm on not negotiating with Goelz despite his offer. They contend because Tiki owner Bob Gregory has put up to $700,000 worth of improvements into the property, he deserves the chance to remain at the location, off 13th Street north of the port. "When we really needed it, the Tiki helped our marina," Councilwoman Dawn Pardo said. "We have more business at the marina because of them." In 2003, Gregory won the contract to open the Tiki. He turned the once-seedy Manatee Club into the thriving Tiki, a popular hangout for locals and tourists. His lease expired in December. Since then, the city's been charging him $2,637 a month in rent. Gregory's attorney, Wayne Richards, said he contacted the city more than a year ago to start talks, but the contract remained in limbo until recently. - bill_cooper@pbpost.com Keywords: RB COMMISSION VOTE BUSINESS ISSUE Tag: 0808060059 ========================================================== THE PALM BEACH POST Sunday, July 06, 2008 Edition: FINAL Section: LOCAL Page: 1C Source: By WILLIAM COOPER JR. Palm Beach Post Staff Writer Illustration: PHOTO (C) Dateline: RIVIERA BEACH RIVIERA FIGHTS 'MYTHS' ABOUT WATERFRONT REVAMP Barely two weeks into the job, Ed Legue is already putting out fires at the municipal marina. Legue, who became marina director June 16, is beating back the buzz that tenants are going to be kicked out of the marina to make way for the city's waterfront redevelopment plan. A week ago, the city council voted unanimously to solicit developers to revamp the aging marina and the surrounding 10 acres of city-owned property.

Missing from the proposal was the Tiki Waterfront Sea Grill, a fixture at the marina since 2003. The council agreed to remove the Tiki from the deal while they renegotiate a separate contract with the popular restaurant frequented by politicians. The contract is slated to come before the council at its July 16 regular meeting. With the removal of the Tiki, critics charge the restaurant is getting preferential treatment because of its political ties. Councilwoman Dawn Pardo, who announced her council candidacy at the Tiki, has been the focus of recent criticism. Pardo, the council's vice chair, responded to her detractors in an e-mail last week. "I purposely removed the Tiki from the RFP (request for proposals) document because I want to be certain that the Tiki pays its fair share to the City of Riviera Beach," Pardo wrote. She also responded to charges that the Tiki is getting special treatment while the tenants are going to be left to fend for themselves. "The language in the (proposal) makes certain that the proposer does not come in and clean house," Pardo said. "We will make sure the live-aboards and commercial lessees are treated fairly, and given ample time should they need to be temporarily relocated because of the redevelopment of the marina." Pardo's response is also in light of criticism that the city is losing money on the current Tiki lease, which lapsed in December. While the restaurant has upped its earnings, the city receives only $2,637 a month in rent, plus $800 in utilities. In the new lease, the city will raise the rent to $6,000 a month and charge $5,000 a month in utilities. Tiki officials agree with the monthly rent increase but want to pay only an additional $10,000 annually for utilities. On June 25, city building officials notified Tiki owner Bob Gregory that his outdoor deck and bandshell were built without a permit. Gregory must submit a site plan and pay a fee to receive a proper permit. City officials are also aware that state auditors will be watching the Tiki deal. In 2006, a state audit raised questions about the city's billing practice to the Tiki, including its rental of dock space. In another instance, the city overcharged the Tiki for rent and undercharged the restaurant for utilities and slip fees, according to state auditors. Auditors also found that the Tiki's monthly rent was reduced to pay for $1,042 in city-sponsored lunches at the restaurant. There's no provision in the Tiki's lease allowing the city to lower rent in exchange for food and beverages, auditors concluded. The city has been trying to redevelop its downtown waterfront since 1982. A series of plans failed because the council couldn't reach agreements with developers.

 In 2005, the council picked Viking Inlet Harbor Properties to redevelop 400 acres along the Intracoastal Waterway. The plan called for a hotel, aquarium, shops, restaurants and condos. But it was quashed when state lawmakers made it illegal for governments to use eminent domain to take private land and give it to developers. The city's plan relied on condemning land in order for Viking to redevelop the 400 acres. Viking plans to bid on the marina proposal. The New Jersey yacht maker already owns about $50 million worth of land in the redevelopment area. Meanwhile, the lot has fallen to Legue to reassure the 105 wet-slip tenants that the city isn't going to give them the boot, at least without proper notification. All of them have month-to-month leases with the city. Legue has written a letter that will go to each of the tenants, explaining their rights and the city's process in pursuing the redevelopment of the marina. According to the proposal, the council plans to pick the developer Sept. 9 and hopes to have a signed contract detailing the development by Nov. 12. Developers must come up with a plan to lease the marina, overhaul Bicentennial Park and redo Spanish Courts, a former motel sitting on prime land just north of the Port of Palm Beach on Broadway. In Legue's letter going to the tenants, he estimates it will take until June 2009 before any site plans are finalized. Then, their developer will have to pursue permits, which could take another few months. "What I can say with confidence ... is that the ownership of the marina will remain with the city," Legue wrote in a letter that is expected to reach tenants next week. "This marina will remain open for public access and open for commercial enterprises." Community Redevelopment Agency Executive Director Floyd Johnson, whose office is overseeing the process, reiterated Legue's pledge to tenants. "We certainly don't want to be driving away tenants that are going to be necessary for a successful redevelopment," Johnson said. "We will make every effort to dispel those myths." Johnson also said the tenants must prepare for some period of relocation while the marina is reconstructed. However, the council and the developer will work on a time frame that's fair to the tenants, he said. Despite the city's promise, the tenants are a tough sell. They've been waiting for years for the city to upgrade the marina.

This latest plan comes a year after tenants and the city battled over requiring $1 million in insurance for boat owners. The demand forced some to leave because their boats were too old to be insured and coverage was costly. Andrew Foss was one of the boat owners who stayed. Foss lives aboard his boat and was active in helping the tenants reach a settlement with the city that reduced the insurance requirement to $500,000. He's concerned that once again, the tenants are going to be forced out when few public marinas allow live-aboards. He also said the uncertainty also comes when boat owners are spending money to renew their insurance policies. "People think we're going to get the short end of the stick," Foss said. "We've got to get people together so we can do some fact finding." ~bill_cooper@pbpost.com Keywords: RB POLITICS BEACH CONSTRUCTION RESTAURANT Tag: 0807060280 ========================================================== THE PALM BEACH POST Sunday, June 29, 2008 Edition: FINAL Section: LOCAL Page: 1C Source: By WILLIAM COOPER JR. Palm Beach Post Staff Writer Illustration: PHOTO (B&W) & MAP (B&W) Memo: Did not run MSL. Dateline: RIVIERA BEACH TIKI GRILL LEASE STIRS CONTROVERSY IN RIVIERA When it comes to political watering holes, the Tiki Waterfront Sea Grill is about as good as it gets. Many city council campaigns have been launched under the hut-like structure at the municipal marina. Now its fate rests with some of the council members who began their political careers at the Tiki. The council will vote July 16 on whether to renew Tiki owner Bob Gregory's three-year contract. His lease

lapsed in December, and he has been paying the city $2,637 in rent, plus $800 in utilities month-to- month. Under Gregory's lease, he is eligible for five, three-year contract renewals. But the council must approve the extensions. His attorney, Wayne M. Richards, said he contacted the city about a year ago to start negotiations for a renewal. The sides have met several times, but the contract remains in limbo. "He has spent a lot of time and money building this restaurant," Richards said. "We view ourselves as true partners with the city, but what's happened over the past 11 months is unacceptable." The city has been reviewing the contract for possible increases, Assistant City Manager Gloria Shuttlesworth said. A series of events, including the council's pulling the contract from the December agenda, prolonged the process, she said. "It's not like it's been sitting on the shelf," Shuttlesworth said. "We've been gathering information, calculating the utilities and going over the security." In 2003, Gregory took over a seedy spot at the marina, where the Manatee Club used to operate. It catered to a rough crowd, and city officials shut it down because of unsanitary conditions, said George Carter, the city's former marina director. According to the lease, Gregory had to invest at least $100,000 in upgrades. Since then, that figure rose closer to $400,000, Richards said. But critics contend that the city is losing money on the Tiki deal, given its success. Some competitors want the city to open the contract to other bidders. "You got a lot of people who want to bid on that property," said Michael Goelz, owner of Mr. G's Rock Bar and Grill in West Palm Beach. In fact, Goelz wrote a report contending that the city has lost up to $1 million on the Tiki contract. He alleges the monthly rent is too low and that the city is paying too much of the Tiki's utility bill. "The people on the council are going to sit up there and give" Gregory the contract, said Goelz, who has been lobbying the council to open the contract. It's not a done deal, Shuttlesworth said. Both sides have revised their financial figures, and City Manager

Bill Wilkins must review final documents before it goes to the council. "We will request a more equitable share of the revenue that they're going to bring in," Shuttlesworth said. Gregory is willing to raise the rent to $6,000 a month, a two-thirds increase, Richards said. H also has offered to pay $10,000 more in utilities, which more than doubles his $9,600 annual fee, Richards said. Meanwhile, the city is drafting Gregory a letter stating that his utility bill will rise to $5,000 a month, City Attorney Pamala Ryan said. The hike comes after the city reassessed the Tiki's use of water, sewer and electricity, she said. The increase could pose a problem for the city, since there is no electrical meter dedicated to the Tiki. Also, garbage bins are scattered throughout the marina, making it difficult to measure the refuse coming from the Tiki. The Tiki's contract is even more valuable now that council agreed last week to solicit developers to rework what has been dubbed the Marina District. It covers 15 acres between Broadway and the Intracoastal Waterway. Although the Tiki is in the heart of the Marina District, the council agreed to exclude the Tiki from the redevelopment proposal and issue a separate contract for the restaurant. But the remaining marina tenants didn't get such a status and risk being evicted once a developer is picked. The Marina District is the first project to emerge from the community redevelopment agency's new master plan, which was rewritten this year. The plan also includes overhauling Bicentennial Park, moving Newcomb Hall, a city community center used for public gatherings, and taking over Spanish Courts, a cluster of former motel cottages just north of the Port of Palm Beach. ~bill_cooper@pbpost.com Keywords: RB RESTAURANT BEACH CITY DELAY DECISION Tag: 0806290113 ========================================================== THE PALM BEACH POST Wednesday, June 25, 2008 Edition: FINAL Section: LOCAL Page: 3B Source: By WILLIAM COOPER JR. Palm Beach Post Staff Writer Illustration: MAP (B&W)

Memo: Did not run MSL. Dateline: RIVIERA BEACH RIVIERA OFFER SUPREVISED WATERFRONT REDEVELOPMENT PLAN The latest plan to revamp the city's fledgling waterfront asks a developer to lease the municipal marina, build a public market and overhaul an often vagrant-filled Bicentennial Park. The makeover also continues a block south to Spanish Courts, a cluster of former motel cottages on prime land just north of the Port of Palm Beach. In total, the city's revised proposal consists of 15 acres of parcels between the Intracoastal Waterway and Broadway. It's a far cry from the failed 400-acre plan city officials issued in 2005. "We still think the redevelopment of Riviera Beach is very much a reality that can be achieved," said Floyd Johnson, executive director of the city's Community Redevelopment Agency. City officials believe the Tiki Seafood Grill, at the marina on 13th Street, will be part of the redevelopment, Johnson said. The Tiki's lease with the city expired in 2007. There are two possible options: the city could renegotiate a new lease or the restaurant could team up with a developer pursuing the project. The public gets its first peek at the proposal 5:30 p.m. today at the CRA meeting. An hour later, the CRA commission will switch hats, becoming the city council in order to approve the redevelopment board's decision. The back-to-back vote is necessary for the plan to move forward with the blessings of the CRA and the city. Developers will have until Sept. 2 to submit responses to the plan. A week later, the council is scheduled to pick a developer and start negotiating a contract. City officials hope to have the deal finalized by Nov. 12. The proposal is Riviera Beach's latest attempt to redevelop its waterfront. City officials returned to the drawing board last year, after former Mayor Michael Brown's plan fell apart due to a series of factors including the loss of eminent domain and the eroding real estate market. In February, the Treasure Coast Regional Planning Council rewrote the CRA's master plan, changing the focus from a large project overseen by a master developer to an incremental approach, using several developers. The marina proposal is the first project to emerge from the new master plan.

"It's a significant first step," Johnson said. "We hope it will attract a number of serious developers." In 2005, Riviera Beach officials thought the city was well on its way to turning its downtown into a dazzling waterfront. That September, the council chose Viking Inlet Harbor Properties, a New Jersey yacht maker, to redevelop 400 acres of blight into shops, restaurants, condos, a hotel and aquarium. The plan drew the likes of Wayne Huizenga Jr., who went on a land-buying binge of properties near the Intracoastal. Huizenga continues to hold significant land holdings in the redevelopment area. By 2006, however, the Viking plan was in jeopardy because state lawmakers made it illegal for governments to use eminent domain for economic purposes. Unable to condemn private property for the redevelopment, the city couldn't get Viking enough land to do the project. After being stalled for two years, the city and Viking finally dissolved the master developer agreement in March. Viking must now compete for the right to redevelop the marina, despite already spending some $50 million on buying land throughout the former redevelopment area. ~bill_cooper@pbpost.com Keywords: CITY RB WATER AREA Tag: 0806250067 ========================================================== THE PALM BEACH POST Saturday, July 21, 2007 Edition: FINAL Section: A SECTION Page: 1A Source: By WILLIAM COOPER JR. Palm Beach Post Staff Writer Illustration: PHOTO (2 C & B&W) & MAP (B&W) Memo: Did not run MSL. Dateline: RIVIERA BEACH THE RIVIERA BEACH MUNICIPAL MARINA WAY OF LIFE CITY TO BOATERS: SHAPE UP OR SHIP OUT Andrew Foss feels as if the city is trying to take his piece of paradise. It's a place where suntans abound and the locals have nicknames like Puerto Rican Don. And after a hard

day's work, friends share beers and barbecue. But that way of life at the Riviera Beach Municipal Marina is in jeopardy. Foss and 317 of his fellow boaters have received letters threatening eviction. Unless they can prove their boats are properly insured and registered with the state by Aug. 31, Foss and his band of boaters must leave the marina. That's also when the city wants to make all marina tenants sign a new, more stringent lease. They also face the loss of the barter system, under which some marina residents can reduce their monthly lease payments by providing security, janitorial services or repairs, or boat salvage. City officials are not certain the work is actually being done. The changes are a blow to a typically laid-back lifestyle. Residents say many of their boats are too old to be insured. And without the barter system, some cannot afford to stay at the marina. "We live here, and we have a vested interest in what goes on here," said Foss, whose lease is about $850 a month but who pays about $450 under the barter system. "We agree with what the city's trying to do by upgrading the marina. We just don't want it done at our expense." Don "Puerto Rican Don" Serrano, who has lived at the marina off and on since the 1990s, said people have the wrong impression of marina residents, and that could be what's behind the new rules. "We're not a bunch of bums sitting on our boats drinking beer all day," Serrano said. "We're working stiffs, blue-collar people." They live among a mix of commercial boats that take tourists fishing and diving and ferry them to nearby Peanut Island. The Tiki Waterfront Sea Grill, a popular Key West-style restaurant, serves as the marina hub. David Bachiochi, a construction superintendent, cherishes the ability to work on land and live on the water. While he can afford insurance, he fears that some neighbors may have no place to go. "We all help each other around here," said Bachiochi, a regular at the Tiki. "We don't lock up our boats. That's the way we live around here." The city is making changes after conceding that the marina and its rules have long been neglected. Assistant City Manager Gloria Shuttlesworth said the goal is to clean up the marina, make it more profitable and reduce the city's liability for derelict boats left there.

 But Foss and his friends argue that the changes are especially unfair because they come in the middle of hurricane season when it's difficult to find space at another marina. In South Florida, few public marinas allow boat owners to live aboard their vessels year-round. Beyond that, they believe the changes are just a tactic to rid the marina of smaller, less expensive boats to make way for Viking Inlet Harbor Properties, the city's master developer, to manage the marina more profitably. Viking, a New Jersey-based yacht maker whose local offices overlook the marina, is not shy about wanting to take control. "Absolutely," said Mike Clark, president of Viking Associates, the yacht maker's real estate company. "We would like to take it over and make it into a first-class marina with all the bells and whistles." Last year, Viking took steps in that direction when it hired George Carter, the city's former marina director. Carter, who worked for Riviera Beach for 42 years, was brought in to operate Viking's charter school, the Riviera Beach Maritime Academy, which teaches high school students about the marine industry. Critics suggest that Carter was hired to manage the marina once Viking strikes a deal with the city. "Viking is pushing the city's buttons, and the city's pushing our buttons," Serrano said. City Manager Bill Wilkins said there is no secret plan to oust the marina residents to make way for Viking and its yachts. But the city cannot afford to wait any longer to upgrade. "We are going forward with our improvements because our marina needs to be improved," Wilkins said. "We're not slumlords. We want a first-class marina." Using a $5 million grant, the city plans to add 50 boat slips, bringing capacity to 200 boats. The extra slips will produce an additional $350,000 annually in marina revenues, city officials say. Interim marina director Doug Mason is spearheading the effort. Mason, a Boston native who managed marinas there, was hired in December. Mason said he immediately saw the potential in the city's marina, which generates about $2.3 million annually. However, he learned early that he inherited a lax management system, in which some boat owners failed to pay their monthly leases and lacked insurance. Serious problems surfaced March 15 when two boats caught fire, causing damage to two others. None of the vessels had insurance, and the damage cost the city about $15,000, Mason said. In June, two more boats without insurance sank. Riviera Beach paid another

$10,000 for boat salvage and cleanup, according to city records. That prompted Mason and City Attorney Pamala H. Ryan to revise the city's marina lease agreements and enforce the existing provision that requires proof of insurance. "These derelict boats are like ticking time bombs," Mason said. "They create a serious hazard." Mason is also caught up in controversy over the barter system. Carter started the system in the 1990s, after the city could not afford to pay private security to monitor the marina. When Mason arrived, nearly 20 people were working on the barter system. Not satisfied that work was being done, he began to phase out certain barter jobs. The decision made Mason the focus of attacks and claims that he was targeting black workers. Those claims led to an investigation by the city's interim attorney, Glen Torciva. Lara Donlon, an attorney in Torciva's office, interviewed marina staff and determined that Mason had not made racial slurs. But the probe issued a list of recommendations adopted by Wilkins that include abolishing the barter system and providing training for marina employees, including Mason, on harassment and discrimination. Shuttlesworth, who is Mason's boss, said the city supports him. She acknowledges that some of the changes he instituted produced a backlash. "There is always resistance to change when you're making people more accountable," Shuttlesworth said. One of Mason's most vocal critics was marina resident Fane Lozman, an activist who also was critical of Carter. Lozman said Mason does not meet the criteria to serve as interim marina director. He also blasted city officials at a recent council meeting for advertising the marina director's job in December but failing to interview any of the applicants. Instead, the administration kept Mason on board. Lozman, who beat the city in court when officials attempted to evict him from the marina last year, has vowed to fight to keep the marina public, possibly through a referendum. "Just like we're not giving away our public beach, we're not going to give away our public marina," said Lozman, referring to a group of residents who stopped a $280 million deal to lease the city's beach to

builder Dan Catalfumo. Councilwoman Lynne Hubbard has offered to hold a meeting at the marina to allow boaters to vent about the insurance issue. She also is willing to invite insurance officials to discuss what options are available to boaters. "I want to help them find out enough information to make an intelligent decision," Hubbard said. Foss and his friends are still leery of the city's actions. They want to enjoy their lifestyle, while receiving the benefits of the much-needed improvements that the city plans to make to the marina. Foss, who works on the barter system providing security and bartending at the Tiki, said time will reveal the city's true motives. "This place has a heartbeat of its own," he said. "This is our slice of heaven, and they're trying to take it away." - bill_cooper@pbpost.com Keywords: RB BOAT AREA CHANGE Tag: 0707210218 ========================================================== THE PALM BEACH POST Tuesday, June 26, 2007 Edition: FINAL Section: LOCAL Page: 1B Source: By ROCHELLE E.B. GILKEN and WILLIAM COOPER JR. Palm Beach Post Staff Writers Illustration: PHOTO (B&W & C) Memo: Ran all editions. PRIVATE LIFE OF OFFICIAL IS NEWS Riviera Beach City Councilman Jim Jackson sat quietly Monday morning as the woman he claims to love appeared in court a day after the two fought at his Singer Island condominium. Jackson's 43-year-old girlfriend, Barbara McFadden, wore a blue jail uniform as she stood before County Court Judge Paul Moyle, facing charges that she battered the 70-year-old councilman. Moyle released McFadden on the condition that she have no contact with Jackson and only return to his condo to retrieve her belongings. After the hearing, Jackson, cuts still visible on his cheek, lip, forehead,

eyebrow and arm, spoke about their rocky relationship. His chin trembled, tears filled his eyes. "I still love her," Jackson said. "I know it can't continue like that. I thought I could control her. ... This is the end of it, no matter how I feel." Jackson's personal problems surfaced months after his wife, Geri, died in November. The Wisconsin natives were married for 40 years and moved to Singer Island about five years ago. Some residents believe that Jackson is still grieving over his wife and suggest that his judgment might be "a little off" when it comes to starting new relationships. "Here's a guy that came out of middle America, his wife of 40 years dies, and he's all alone," said Tony Gigliotti, chairman of the Singer Island Civic Association. "I think he got lost, and he may have picked up some bad company." Jackson surfaced on the Singer Island political scene during his 2006 bid for the District 4 council seat, which represents Singer Island. The retired, blue-collar worker was a wise-cracking candidate who often proclaimed to have gone to the "School of Hard Knocks," while other candidates touted their college degrees. Initially, few thought Jackson had a chance of beating former city Finance Director Dennis Widlansky for the seat. But Jackson teamed up with former Mayor Michael Brown and then-candidate Norma Duncombe. They took Jackson under their wing and introduced him to the mostly black constituency on the mainland. Riding on their coat tails, Jackson narrowly beat Widlansky by 29 votes. In his 15-month council tenure, he's abandoned the base that elected him and has been courting the Singer Island vote for his 2008 reelection bid. He's been a staunch opponent of the city's $280 million deal to have builder Dan Catalfumo redevelop the Ocean Mall. Jackson supported voters who beat back the deal by amending the city's charter to limit the Ocean Mall lease to 50 years and keeping buildings on the 11-acre site to five stories. Brown, who was ousted in March after serving eight years as a pro-development mayor, said Monday that he warned Jackson to protect his role as a public servant. The position, he said, attracts many people who appear to be friendly but only want to exploit the position. "I hope this incident will cause him to step back and reevaluate how he has been conducting himself and who his friends really are," Brown said. McFadden has past battery and resisting arrest charges stemming from a 2005 incident, according to records from the state attorney's office. She pleaded guilty and was credited with time served after

spending 51 days in jail, prosecutors' records show. Jackson said the two first met at Buddy's Cafe on Singer Island. Buddy's has become a popular political spot, and in March four council newcomers held their victory party there after ousting the incumbents. Jackson and McFadden started dating shortly after his wife's death. Then, they lived together off and on. According to Riviera Beach police records, McFadden accused Jackson of assaulting her on May 7 after going to the emergency room at Palm Beach Gardens Medical Center. McFadden tested positive for cocaine when she went to the hospital. She told a doctor she also used other narcotics, a police report states. The next day, Jackson said, McFadden apologized to him for making the report, and the two reconciled. But on May 23, police responded to Jackson's Singer Island condo. The two were fighting, and McFadden charged that Jackson had stepped on her right foot and hit her in the face. McFadden left the apartment before police could finish the investigation. Police noted that she had no apparent injuries to her face and a small abrasion on her foot. Police referred this case to the state attorney's office for further investigation to determine if Jackson should be charged with simple battery. Prosecutors declined to file any charges and closed the case on June 11, said Mike Edmondson, the agency's spokesman. Charges weren't filed because Jackson and McFadden were considered "mutual combatants," Edmondson said, and there were no other witnesses to testify about who initiated the fight. Their relationship became volatile again over the weekend. On Saturday night, they went to the Tiki Bar at 200 E. 13th St. for dinner and drinks and returned home around 10 p.m., Jackson said. But by 5 a.m. Sunday, another argument ensued. Jackson told police he was in bed when she attacked him, cutting his face, arm and back with her nails and ring. In response, Jackson said he punched her twice and threw her off the bed, causing her to bang her head. "When I hit her, she fell down and hit her head on the end table. Otherwise, she would've beat me to death," he said. "What was the fight over? I don't know," Jackson said. "She wanted money for something, and I wouldn't give it to her." Invariably, he said, that "something" was drugs. He couldn't say what kind.

"I don't know, the stuff they smoke in the pipe," he said. "I was trying to break her out of it." McFadden was treated for minor injuries at St. Mary's Medical Center and Jackson declined medical treatment. ~rochelle_gilken@pbpost.com ~bill_cooper@pbpost.com Keywords: CITY RB OFFICIAL GOVERNMENT VIOLENCE SUSPECT ARREST CHARGE ABUSE Tag: 0706260208 ========================================================== All content herein is Copyright Palm Beach Post and may not be republished without permission.