The Palm Beach Post from West Palm Beach, Florida on December 4, 1997 · Page 165
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December 4, 1997

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The Palm Beach Post from West Palm Beach, Florida · Page 165

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West Palm Beach, Florida
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Thursday, December 4, 1997
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Page 165
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U THURSDAY, DECEMBER 4, 1997 8" : ft COMING TO BOCA? C i Oce Printing seeks a county growth tj. grant as it considers expansion , . sites, including Boca Raton; BUSINESS, ID The Palm Beadi Post s SECTION B MIZNER LEASE Boca Raton might just get its : performing arts center under a lease proposed Wednesday. STORY, 2B W Palm man wins new trial over invalidated blood test LOCAL NEWS Mary's Medical Center, showed Clark's blood-alcohol level was 0.28 percent on March 8, 1994, more than three times the legal limit for drunken driving in Florida, according to court documents. Because prosecutors initially obtained f Clark An appeals court rules the medical records were obtained illegally in the 1994 drunken-driving death. ByValDlicott Palm Beach Post Staff Writer " WEST PALM BEACH Warren Clark, who is serving an 11-year prison sentence for a drunken joy ride that killed his best friend, must be tried again because prosecutors got medical records without a court order, an appellate court ruled Wednesday. ; The records, obtained from St. near Parker Avenue, police said. State law allows police officers to take whatever action necessary including force to draw blood from motorists involved in fatal car crashes. In Clark's case, for whatever reason, police did not draw so-called "legal" blood, relying instead on the "medical" blood drawn at the hospital, Springer said. : To use a hospital's blood-test results in a DUI manslaughter case, prosecutors must first notify a defendant they intend to pursue the records. If the defendant objects, prosecutors must satisfy a judge: mat the records are relevant before js-suing a subpoena. '': putes he was even driving the car involved in the fatal crash. But prosecutor Ellen Roberts said she will almost certainly move to convict Clark again. . "I just have to show he was under the influence of alcohol to the extent that his normal faculties were impaired." Roberts told jurors at Clark's trial last year that Clark, 28, a West Palm Beach mechanic, and his roommate, Eugene Conner, 25, were both drunk when they got into a vintage Mustang that Clark was restoring for a customer. Their ride ended when the car hit a concrete pole at Southern Boulevard they could issue a second subpoena for them. The 4th District Court of Appeal reversed Lupo's ruling Wednesday, saying prosecutors cannot issue a second subpoena for medical records after they obtained the records improperly. "Otherwise, why have rules at all?" Clark's attorney, Richard Springer, said. The state's position was, 'No harm, no foul.' My position is, once you break the rules to get those records, you can't ever get them." Springer said the appellate court's decision "cuts the heart out" of a DUI manslaughter case in which Clark dis the records without a court order, Circuit Judge Mary Lupo declared the first state subpoena invalid. But she also ruled the records relevant and told prosecutors Crafting for baking Housing chairman qiirtspost Steven rlewburgh took the job just, three weeks ago after Malachi Knowles quit under pressure. A fellow board member punched him the night of his election. By Lisa Ocker Palm Beach Post Staff Writer WEST PALM BEACH For the second time in less than two months, the chairman of the housing authority's board has resigned. Steven Sloane Newburgh, who succeeded Mal ,1 tTMl -" H " .....i.,.. , MINIUM r MM I' ; :jy as V- 1 . A. j.' - ; '1 ' V-. ' -. " : - - U' " ' V - ' " "V- - ! . -y ! achi Knowles when he quit under pressure in October, faxed a short resignation letter Wednesday to the authority and the mayor. He gave no reason for leaving. "I intend to continue community service, but not on this board," he said in an interview, refusing further comment The departure of both Knowles and Newburgh leaves Newburgh SHERMAN ZENTStaff Photographer Manuel de la Rosa shapes hollow terra cotta tile as he builds the 28-ton bread oven at the Old School Bread Co. in Delray Beach. Delray shop has big plans for raising dough the authority's board with five members, enough to make decisions. It's up to the city commission to appoint replacements; Mayor ; Nancy Graham could not be reached for comment Wednesday. Newburgh's resignation is the latest episode in , a tumultuous period for the housing authority. Since September, the U.S. Department of Housing and Urban Development has reviewed the agency's books and criticized administrators' handling of its finances, especially a $1.1 million renovation contract and their unsanctioned approval of more than $200,000 extra. The board appointed its own investigative committee to follow up on employee complaints about Knowles' interference in their daily business and HUD's review. Meanwhile, members learned that Executive Director Sam Simmonds gave himself a raise in July and had been directing accounting staff to hide deficits from HUD and the board. . ;i. In October, Knowles resigned rather than face possible sanctions after board members found out he had tried to prevent a meeting to discuss em- pedestal and hand-turned. The entire assembly will weigh 32 tons. "It's specially designed for the types of old-fashioned breads we're going to be baking," John said. "It's crude, but it's the truest form of heat." The oven is what the Old School Bread Co. is all about. It will sit in front of a large picture window facing the avenue. "This is our showpiece," John said. are quite popular in Europe, but there are only 12 others in this country, he said. The oven's secret is in the bricks lining the hearth. Manuel de la Rosa, who is building the oven by hand, won't say what the bricks are made of, but John said its contents let the breads "take on a different personality." About 220 loaves can be baked at one time on the 4-ton hearth, which will be suspended from a es will titillate the taste buds of shoppers on the trendy avenue. The Old School Bread Co., slated to open next month, is the lifelong dream of Boca Raton doctor Larry Charme. Samuel John, who has worked seven years at five-star hotels, is the head baker. Charme spent about $70,000 to buy the gas-powered oven from a small company outside Barcelona, John said. The ovens equal in weight to nine hippopotamuses By Chuck McGinness Palm Beach Post Staff Writer DELRAY BEACH Rising from a storefront under construction on East Atlantic Avenue, a 9-foot-tall, 28-ton baking . machine drew stares from passers-by Wednesday afternoon. Once completed, the monster oven, made with terra cotta bricks and other materials imported from Spain, will turn out a variety of specialty breads the head chef promis Please sRESIGN6B Aaronsoh: Taxpayers can It's not all talk: Rush setting up island office digs ,,-ii ' " 7," ' V i i V preserve Ag Reserve land By Tim O'Meilia Palm Beach Post Staff Writer PALM BEACH Rush Limbaugh really, really likes us. Maybe enough to preach the conservative way from the Commissioner Burt Aaronson said the county has always foreseen some level of . development in the areav ,' By Matt Reed Palm Beach Post Staff Writer . DELRAY BEACH The county ever-so-Republican island. First, he remodeled and moved into a $6.7 million ocean-front estate, just up the street from where the Kennedys used to frolic. Second, the chief ditto-head declared V hasn't "sold out" the Agricultural Reserve, and if residents want to preserve farm land there they should vote to pay for it next year, Commissioner Burt Aaronson said Wednesday. r i its and pressure producers to sell their land. Developers can build one home per acre" in the reserve. On parcels smaller than 250 acres, they must , "cluster" development on 20 percent of the land, leaving the other 80 percent as open space. On bigger parcels, they can develop up to 40 percent of the land. Commissioners haven't wavered from those rules, Aaronson said at the association meeting. Speaking mostly to seniors, he said he would not want the remaining open space used for parks or ball-fields. "I want that 60 percent of open land for golf," Aaronson said. "How many of you in this room played soccer last week?" That comment didn't rankle Warren Resen, a West Palm Beach resident who serves on county land-preservation panels and who supports keeping the land undeveloped. "I'd rather see a golf course than unabated residential development," he said. Palm Beach County commissioners may OK a ballot referendum for next fall that would raise property taxes by $100 million for buying the development rights to farm land. Farmers could own and keep working their land while enjoying the financial benefits of having sold acreage under the plan, proposed by Aaronson. Commissioners started a program to do that in 1995, but they never earmarked money. himself an official, by Limbaugh God, resident of Palm Beach County. Registered Republican precinct 77. Third, Marta, his third wife, is:r vamping the magazine Vent across .trret bridge in Phillips Point. -; l And, finally, the radio talk show host is redoing a 2,000-plus-square-foot officfe on the third floor of an office building gt 340 Royal Palm Way. The drywall is;g ing up now. Earlier this year, Limbaugh denied talk that he was broadcasting from his Palm Beach bedroom, a no-no in a residential area. But it's OK in commercial areas such as Royal Palm Way. His lawyer checked that out with town officials last summer. But let's not rush to judgment Neither Limbaugh's representatives nor his Palm Beach lawyer, Doyle Rogers, returned phone calls Wednesday. The county al- Aaronson ways anticipated some development in the area targeted for farmland preservation, he said. And commissioners are tired of taking blame for recently approving a 500-home development on a horse ranch, he said. "It's not called the Ag Preserve!' Aaronson told members of the Alliance of Delray Residential Associations. The Agricultural Reserve is a 30- square-mile tract of land stretching from west of Lantana to west of Boca Raton, between Florida's Turnpike and the Everglades. It is an area in flux, as cheap fruit and vegetables imported from Mexico cut farm prof- E.A. KENNEDY IllStaff Photographer Twirling in the holidays BOCA RATON Members of the Star-Lite Express drill team and pompon squad twirl their way up Federal Highway Wednesday. The group participated in the 27th Annual Holiday Parade.

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