More than 4,000 voters in Riviera Beach, Florida voted on Tuesday to change the city’s charter to prohibit leasing space to Rybovich Superyacht Marina for a new megayacht refit and repair yard.
The total number of votes, which was 4,064 according to the Palm Beach Post, edged out those who disapproved of changing the charter, by a margin of 361.
If you’ve been following the developments in this case, the proposed Rybovich refit yard was set to be put to public vote after residents of Riviera Beach collected enough signatures on a petition. The ballot item requested voter input on whether the laws should be changed to prevent an existing marina from being used for a “commercial boat repair operation.” They were also be asked to vote yes or no on restricting the use of submerged lands, so that Riviera Beach would own and operate the marina and the existing properties.
Even with the vote, this is not the final word on the issue. In recent weeks, concerns have been raised over how the ballot question called for the marina property to be owned and controlled by the city. Some reports speculate that lawsuits may be filed. For example, a motel on the site, Spanish Courts, is actually owned by the city’s Community Redevelopment Agency, not Riviera Beach itself. There’s also an issue over the submerged lands at the site. State law requires them to be devoted to public use, so the state’s approval is needed for the intended commercial use. A group called the Citizens Task Force already filed a lawsuit against the city of Riviera Beach, in September. Among other things, the lawsuit states that the city council was unauthorized to lease submerged lands to Rybovich and that the city council did not obtain competitive bids. Rybovich filed a countersuit against opponents of the megayacht marina in October. The suit states the residents are trying to create “direct harm” to Rybovich and “intentionally and unjustifiably” hindered Rybovich’s relationship with Riviera Beach.
In related news, a Riviera Beach resident and the Palm Beach Sun publisher are collecting voters’ signatures in an attempt to recall the five members of the city council. The move is reflective of their belief that the city should never have signed the lease with Rybovich, since it did not put the deal out for bid. State law requires that 10 percent of the city’s registered voters, or 2,055 of the 20,551 registered voters, need to sign the petition within 30 days for the recall process to proceed. If enough signatures are collected, the council members are permitted to present a written defense to a recall committee. Next, the committee would be required to collect signatures from 15 percent of registered voters so that a judge could formally declare that a recall election should take place.
UPDATE, NOVEMBER 10: On November 5, Rybovich announced it will no longer pursue the marina project. It issued the following statement: “While the Rybovich Boat Co. was deeply disappointed by the results of the final vote, we respect the wishes of the majority.” Rybovich also has dropped the lawsuit it filed against opponents of the marina.
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