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    “Tragedy on beach sparked change” in the December issue reminds me why The Coastal Star is such an asset to our community. Growing up in this area, I well remember this tragedy, and the ensuing events.  
    “All our moves and acts are aimed at getting the Negroes off our beach,” stated the then-mayor of Ocean Ridge, as quoted in your well-researched article. It is a horrible feeling to recognize, 50 years later, a similar motivation today in Ocean Ridge’s current effort to suppress public beach access.  
    At nearly every town meeting in the past year,  comments by commissioners and residents in favor of “enforcement” on the beach are aimed at getting the outsiders off  “our” beaches — transparent protestations to the contrary notwithstanding.
    The town’s deliberate and considered decision to remove the “Public Beach Access” signs is a clear indication of the town’s intent to discourage the public’s access to their beaches and shorelines, which are held in trust for the public.
Terry Brown
Ocean Ridge

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7960555262?profile=originalErosion control lines show in light green and red, along with individual property lines shown in yellow, do little to offer guidance to police in cases of trespass.

Graphic provided by Engenuity Group Inc.

By Dan Moffett

    Ocean Ridge residents are finding out that the more they learn about the layout of their beachfront, the less they understand.
    Town commissioners hired  a surveyor to set a demarcation line on the beaches that distinguishes between public and private property. In December, Gary Rayman of Engenuity Group Inc., a West Palm Beach surveying firm, did the work.
    Rayman gave the commission a map with a north-south demarcation line that was based on two separate erosion-control line surveys approved by state environmental officials years ago. The ECL north of Anna Street was established in 1997, and the line south of Anna in 1978.
    Rather than clarify matters, the demarcation line appears to have added new layers of complication to an already complicated issue that has dogged the town for nearly a year.
    For starters, instead of a straight and clean boundary, the northern segment of the line staggers back and forth, to the east and west.
    Another problem is that the demarcation line wanders across private property lot lines that vary in their eastern boundaries. Many of the town’s older lots were drawn farther to the east when there was a wider beachfront, according to town officials.
    And then there is the demarcation line’s division of usable beach space.
    As a practical matter, the line gives most of the dry sand to private property owners. Depending on the tides, the areas designated as public beaches are likely to be underwater much of the day.
    Commissioners wanted the demarcation line to help guide police in enforcing proper beach behavior and protecting private property rights.
    Town Manager Ken Schenck says police will respond to every call from property owners, but the demarcation line might not always figure into the response. “There are just too many moving parts,” Schenck says of the survey results.
    Enforcement, he says, “will be on a case-by-case basis.”

Public Trust Doctrine

    Beaches in Florida are generally accessible to the public, regardless of private ownership.
    Article X, Section 11 of the Florida Constitution says the state holds the land seaward of the mean high water line (or mean high tide line) in trust for the public, a provision commonly known as the Public Trust Doctrine.
    According to the Constitution: “The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all people.”
    The Constitution seeks to “ensure the public’s right to reasonable access to beaches.” But coastal communities have struggled to find the line that, as a practical matter, definitively separates public and private property.
    Simply put, the mean high water line determines where land and water meet and is based on a 19-year average of tidal data. The MHWL is not a permanent line and can move with the shifting tides over time.
    Unlike the MHWL, the erosion-control line is a permanent line. The state Department of Environmental Protection authorizes the ECL, which represents the landward extent of the state’s claims as sovereign titleholder and sets the horizontal measurement base for beach renourishment projects.
    In Ocean Ridge, the MHWL and the ECL are the same south of Anna Street.

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By Dan Moffett

    Florida has a long history of strong and effective open government laws that have been the envy of other states.
    The Legislature passed its first public records law back in 1909, Chapter 119 of the Florida Statutes.
    Then in 1967, the state enacted its Government-in-the-Sunshine Law, and with it came most of the access rights to government meetings and records that the public enjoys today.
    The Sunshine Law defines public records in broad terms and gives the public wide access to them. Exemptions to the law are relatively few. Here are some important provisions of the statute:
    • The definition of public records includes “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form” connected to the official business of any government agency.
    • You don’t have to identify yourself to receive a public record, or make your request in writing, or give a reason for your request.
    • For the most part, there is no charge for inspection of a public record, though government custodians can charge a reasonable fee for the actual cost of copying the record.
    • A public official who denies a public records request and violates the law can be suspended or removed from office. An intentional violation is a first-degree misdemeanor punishable by up to a $1,000 fine and one year in jail. An unintentional violation is a noncriminal offense punishable by up to a $500 fine.
    • Certain private entities such as some nonprofit groups can be subject to the Sunshine Law when they are doing public work.
    • The law requires government boards and commissions to keep their meetings open to the public, give reasonable notice of their meetings, take minutes of the business conducted and ensure that the venues are accessible. Two members of a board, agency or commission who discuss a matter where action is pending can be subject to Sunshine Law requirements.
    • People with complaints about Sunshine violations or public records access should contact the state Attorney General’s Office (866-966-7226) or the First Amendment Foundation (800-337-3518), a Tallahassee-based nonprofit group dedicated to protecting the public’s right to open government.
    In Gulf Stream, residents Martin O’Boyle and Christopher O’Hare have filed hundreds of public records requests on a variety of issues during the past two years — in all, more than 1,500 petitions between them under the Sunshine Law.
    O’Boyle and O’Hare have subsequently filed dozens of lawsuits against the town, alleging that officials withheld information, didn’t comply in a timely manner or overcharged for copying fees.
    Gulf Stream officials have countered that the two men are abusing the public records law by making frivolous and sweeping requests to overwhelm staff and punish the town for its stance against their personal issues.

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By Dan Moffett

    One of South Florida’s longest-running building code disputes could be nearing an end after nearly a decade in the courts.
    In December, Louis and Wendy Navellier sent a check for $232,000 to the town of Manalapan, a day before the Town Commission was scheduled to consider foreclosure action on their South Ocean Boulevard home.
    The payment covered years of $250-per-day fines that accumulated after the Navelliers built a pool cabana that violated the town’s building codes. At one point, the fines reached about $500,000, but a magistrate’s ruling reduced them last year.
    The Navelliers have fought the town at every level of the judicial system, unsuccessfully appealing all the way to the Florida Supreme Court. They currently have an appeal pending in the U.S. Supreme Court.
    The case began in 2005 when town officials issued a stop-work order at the Navelliers’ oceanfront home because the cabana was constructed too close to a property line. In 2006, town commissioners denied the Navelliers a variance that would have allowed the cabana to remain in the setback area.
    In court papers filed with the Florida Supreme Court, the Navelliers blamed their predicament on the builder and the town’s double standard in enforcing its rules. The Navelliers argued that “past animosity” between them and some members of the commission caused the town to deny requests to allow a variance retroactively.
    In 2013, commissioners rejected a proposal by Commissioner John Murphy to settle the dispute by allowing the Navelliers to pay $160,000 in fines and remove the cabana. Four commissioners voted no, and Chauncey Johnstone had no opinion. The cabana has since been removed.
    "We have tried repeatedly to resolve this matter with the town of Manalapan,” Wendy Navellier said. “Yet, they have consistently chosen not to resolve the dispute on any kind of fair basis and so litigation is still continuing, regardless of how town officials attempt to spin it.”
    Navellier said, despite paying the fine, she is hopeful the high court will rule in the couple’s favor. “My husband and I believe in standing up for one’s rights in this great country, and we have taught our children to do the same.”
    In other business:
    • Working with Florida Public Utilities, town officials are beginning a campaign to educate residents about the possibility of bringing natural gas service to Point Manalapan.
    A majority of property owners on the point would have to approve the service before a project to install the gas lines could go forward. Mayor David Cheifetz wants gas company representatives to hold a meeting for residents in January to discuss the benefits of the service, the costs to homeowners and how the approval process would work.
    The company is installing gas lines on neighboring Hypoluxo Island, a project that has been years in the making and mirrors what Point Manalapan residents might expect.
    • The town has reached an arbitration settlement with former police Officer David Hul over his firing in June.
    Under terms of the agreement, the town has rescinded Hul’s firing, and he is permitted to resign with a payment of $10,000. Hul had sought about $40,000 in lost wages, and he admitted violating several department policies. His termination grew out of complaints about his handling of a disturbance at Manalapan Pizza restaurant in February, 2014.
Shortly before Christmas, South Palm Beach hired Hul to fill a patrol officer vacancy in the town’s police department.
    • The rear parking lot at Town Hall will be closed for about a week in January while contractors replace concrete and paving as part of renovations to make the building compliant with Americans With Disabilities Act requirements.
    The $40,000 project to redesign the main entrance is scheduled to be completed in February, well before the March elections, Town Manager Linda Stumpf said.

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    In a story in December’s Coastal Star regarding building heights in downtown Delray Beach, Mayor Cary Glickstein is quoted as saying the Community Redevelopment Agency’s support of a fifth-floor bonus program can be attributed to the CRA looking for “ways to increase their tax increment financing within its boundary to continue funding CRA initiatives.”
    I respectfully disagree, and while it may not have been his intent, that statement and his follow-up comments have the effect of suggesting that when the CRA makes decisions it has something other than the city’s best interests at heart.
    The CRA board’s discussion of the fifth-floor bonus program centered on the possibility of the city using it as an incentive to obtain desired uses such as quality office space that would attract higher paying jobs to the downtown, or a mobility fund that the city could use for parking, sidewalks, trolley operations, etc.  
    At no time during the discussions of the proposed changes to the land development regulations did the board talk about the potential impact on future CRA revenues. That has been the norm during my nearly 15 years as the CRA’s executive director.
    For example, when the board considered proposals for the redevelopment of the old library site, it selected the iPic project in response to public comments in favor of the theater — that it would provide activities for families and economic support for downtown businesses during the summertime. 
    In considering proposals for redevelopment along West Atlantic Avenue, the board endorsed Equity’s Uptown Atlantic project in large part due to community support and Equity’s commitment to local hiring.  
    It’s true that many of these projects will increase the tax base and the CRA will receive additional revenues. It’s also true that that CRA transfers much of its funding to the city to pay for public infrastructure improvements, police and maintenance operations in the downtown, sponsorship of city events, trolley operations, etc. 
    The CRA is a city agency whose board members are appointed by the City Commission. The CRA’s initiatives are the city’s initiatives.   
Diane Colonna
Executive Director/
Delray Beach CRA

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RELATED STORY: A look at Florida's Sunshine Law

By Dan Moffett

    Around Gulf Stream, the names O’Boyle and O’Hare are routinely linked in the same sentence as if they were joined by an ampersand.
    After all, for much of the last two years, Martin O’Boyle and Chris O’Hare have tormented town officials with hundreds of public records requests and dozens of lawsuits.
 7960552895?profile=original   But O’Hare says it’s a mistake to believe that the two have acted in tandem during their legal crusades. Never mind that O’Hare was a vocal O’Boyle supporter when he unsuccessfully ran for a commission seat in March, or that the two often have sat shoulder-to-shoulder and consulted with each other during town meetings.
    In October, commissioners voted to pursue a federal RICO (Racketeer Influenced and Corrupt Organization) case against O’Boyle and O’Hare, based on allegations they conspired to engage in a pattern of activities to intimidate and coerce attorney fees from Gulf Stream and other groups and municipalities.
    O’Hare says he has nothing to do with any conspiracy, or with O’Boyle’s Citizens Awareness Foundation, or with the running of The O’Boyle Law Firm or all the lawsuits its lawyers have filed around the state.
    O’Hare has said that while they may agree that the town treats its residents badly and violates open government laws, he has raised specific issues that are uniquely his own and differ from those of O’Boyle.
    “I consider the complaints I have filed to be my obligation and duty as a citizen — part of the ongoing process of keeping the government in check,” O’Hare said in an email. “It is certainly not a way to make money from the town.”
    He may have a critical ally going forward in Joel Chandler, who for a few months last year was the executive director of Citizens Awareness, a group that Gulf Stream lawyers allege was using public records suits to funnel settlement money to The O’Boyle Law Firm.
    Chandler and O’Boyle parted company in June in a dispute over how the CAF was run.
    O’Boyle is suing Chandler, claiming he misused the group’s funds. Chandler has vehemently denied the allegation and has been publicly critical of O’Boyle, his foundation and his law firm.
    Chandler calls O’Hare “a friend” and says it would be unfair to equate his complaints and actions with those of O’Boyle. Chandler says he expressed that distinction in conversations with Robert Sweetapple and Joanne O’Connor, attorneys who represent the town.
    “Lest there be any doubts about my feelings on this issue,” Chandler wrote in an email, “I believe Chris has done nothing wrong and that (he) has nothing to do with the RICO allegations. I believe (and have stated to Sweetapple and O’Connor) that the town should concede to Chris’s demands and be done with it. Chris is a victim of the town’s foolishness.”
    Chandler has said that O’Hare wasn’t involved in Citizens Awareness activities or those of The O’Boyle Law Firm. O’Hare does concede, however, that he did use the firm to file at least one of his lawsuits against the town.
He says his requests for information from the town were not frivolous or intended to harass staff or make money from settlements.
    “I have never made a record request unless I really wanted the record,” O’Hare said. “The town has told me many of the records I requested don’t exist when I know that they do. Sometimes I have to ask for the same record as many as five times before I finally get it. The town counts these as five separate requests.”
    Town Clerk Rita Taylor says staff responds to records requests as quickly as possible and has added extra employees to deal with the huge increase in volume during the last two years.
    According to town officials, O’Hare has made several dozen requests on a single day.
    During a recent deposition, O’Hare pointed to specific disputes he had with the town — none of them linked to O’Boyle: O’Hare claims a police officer trespassed on his property and that building officials have wrongly denied his requests to put a solar energy roof on his house and build a shooting range backstop and a shooting bench at his home.
    “The town would have you believe that they (public records requests) were all made with the intention of harassing and harming the town,” O’Hare wrote in an email. “In fact, I have used the public records law as a means of legal discovery in my complaints against the town.”
    O’Hare says that he has done a service for the town by exposing problems officials did not know about.
He says a records request alerted town officials that they had published employee addresses and Social Security numbers that should have been redacted. He says his complaints warned the town about Americans With Disabilities Act violations at Town Hall.
    “Their (town officials’) public campaign proclaiming their impending RICO action against me without producing any evidence is effectively defaming my character and reputation and causing me harm,” O’Hare said.
    For his part, O’Boyle has denied any wrongdoing during a September deposition with town attorneys. “Nonsense,” he called the allegations.
    At their Dec. 12 meeting, O’Hare asked commissioners to exclude him from the RICO case and retract the town’s accusations of wrongdoing.
    “Let’s let the facts play out, Mr. O’Hare,” Mayor Scott Morgan replied. “Let’s let the law play out as well.”

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    In the Dec. 17 Palm Beach Post it was reported that two Boynton women in the Marina Village condominium’s penthouse apartment were arrested on charges relating to illegal drugs and prostitution.
    I am very disappointed in the lack of openness on the part of the condominium leadership through this whole process. The leaders in the Marina Village condominium led the police to set up a sting, and never bothered to put forth any of this information during the very public debate about a parking and crime problem inside their garage. And, in fact, some went so far as to blame the businesses and customers in the district for these problems.
    I hope this new information helps to persuade the leaders of Boynton Beach to support the hard-working businesses of the Marina District, and to stay on track helping to promote more tourists and customers to the downtown by not charging a $5 parking fee, or any other fee, against customers or employees of the downtown.
    Let’s stay focused on Boynton’s strategic plan, laid out on the website, by doing everything we can to attract business to downtown Boynton Beach.
Luke Therien
Proprietor, Banana Boat

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    Delray Beach has reached agreement with its police officers on a three-year contract that gives retroactive salary increases for the five years that wages were frozen.
    The contract approved by city commissioners on Dec. 22 also reinstates merit-based raises up to 5 percent and increases starting salaries to $48,000 to make Delray more competitive with other cities.
    Police officers and sergeants approved the contract by a 92-11 vote on Dec. 18 after months of negotiations. The contract is retroactive to October 2014 and will expire in September 2017.
    The wage package will cost taxpayers about $4.2 million.
    But city officials estimate that reforms to the police pension fund will save $21 million over the next 30 years because the city’s annual contribution to the fund will be reduced.

—  Tim Pallesen

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7960551471?profile=originalBy Tim Pallesen   

    Plans for an iPic theater near Atlantic Avenue came to a temporary halt Dec. 15 after it appeared that the city of Delray Beach and its Community Redevelopment Agency had failed to communicate.
    The CRA chose iPic Entertainment in 2013 to build the luxury movie theater on city property after issuing a request for proposals.
    The CRA request said the city would abandon a north-south alley that divides the 1.57-acre site between Fourth and Fifth avenues just south of Atlantic Avenue.
    But the city has been rewriting downtown development rules since then. A new rule to stop giving away public rights of way to developers has the support of city commissioners.
    iPic President Hamnid Hashemi didn’t know about the conflict until his design plan minus the alley got a cold reception from the city’s Planning and Zoning Board on Dec. 15.
    “I encourage you to go back to the drawing board,” board member Chris Davey told Hashemi, who promised to return with a revised plan on Feb. 23 when it appeared that the board was ready to reject his theater.
    The proposal to abandon the alley drew sharp criticism from the public.
    “Closing the alley would be an absolute catastrophe for local businesses,” Big Al’s Steaks owner Alan Costello said.
    “The CRA was way out of bounds to recommend closing off the alley,” local architect Alexander “Sandy” Simon said. “It makes no sense whatsoever. It’s absolutely stupid.”
    Florida Coalition chairman Robert Ganger said the CRA should have been aware of the city’s discussion about new land development rules. “The one message that came through loud and clear was that we’re not going to abandon our alleys,” Ganger said.
    City commissioners want the strict rule partly because of what they see as past mistakes with the downtown’s two largest development projects.
    Worthing Place was able to build with a record 92 housing units per acre only because the city abandoned an alley. Commissioners now want a limit of 30 units per acre for future buildings.
    Atlantic Crossing also is able to build more apartments because the city abandoned right of way for an east-west access street from Federal Highway that neighbors now say is necessary to relieve traffic congestion.
    iPic predicts the eight-screen theater would draw 420,000 visitors a year to the downtown.
    The project also proposes 42,869 square feet of offices and a 279-space parking garage.

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INSET BELOW: Jeff Costello

By Jane Smith
    
    The Delray Beach Community Redevelopment Agency won’t miss a beat when its executive director Diane Colonna leaves this month.
    The agency’s assistant director, Jeff Costello, will take over the very next work day.
    At the agency’s Dec. 11 board meeting, Costello was appointed by a 6-1 vote. Two commissioners had wanted to see a search process for the job to ensure the agency made a good selection.
7960551092?profile=original    “I believe Jeff is capable,” said CRA board member Cathy Balestriere, “but I also believe in a process.” She wanted to do a statewide search, but she voted with her fellow commissioners to promote Costello.
    CRA board member Annette Gray insisted a nationwide search was needed for what she calls the “second phase of the CRA.”
    Redeveloping the east side of Atlantic Avenue with its proximity to the beach was “relatively easy.” West Atlantic, Gray said, would be more challenging. It requires someone with a “cultural sensitivity” to not do things the way they have always been done. The area has many socio-economic challenges, she said.
    Board member Joseph Bernadel started off the discussion by saying he prefers to promote from within.
    Community organizer Chuck Ridley agreed.
    “Given the amount of transition that Delray is going through, there has to be someone with institutional knowledge,” he said. Ridley was at the meeting because the West Atlantic Redevelopment Coalition’s agreement with the CRA was up for renewal. The coalition is seeking a full-time person within the CRA to work on West Atlantic projects.
    Commissioner Paul Zacks called the executive director’s replacement the board’s “most important decision this year.”
    Costello, 51, will negotiate a salary package with the CRA attorney to be voted on at the Jan. 8 CRA board meeting. His salary is $112,500, Colonna makes $136,200. According to the board direction, the divorced father of two middle-school boys can expect about a 5 percent salary increase.
    He graduated from Slippery Rock State College in Pennsylvania, where he majored in environmental planning.
He started as a planner for Delray Beach in 1988, left in 2005 when he was assistant planning director to work for a private company, New Urban Planning.
    In 2007, he missed the community planning aspect so much that he went to work for the Delray Beach CRA as its assistant director.
    At the end of the Dec. 11 board meeting, most of the commissioners wished Colonna good luck while congratulating Costello.
    Colonna called her time with the CRA “magical” and thanked her staff, saying the team was hard working and talented.  
Community organizer Ridley soon was standing and clapping, leading to a standing ovation for Colonna.

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7960553681?profile=originalA trio of dogs enjoys the surf at Spanish River Park.

Tim Stepien/The Coastal Star

By Sallie James

  
 It’s 7:30 a.m. on a Saturday, and Vince Jacobs is watching as his soft-coated wheaten terriers race down the beach, kicking up sand and dodging the surf.
    To the south, Donald Snider’s collie romps with another pooch. Nearby, a fourth dog digs gleefully, his furry coat frosted with sand.
    Spanish River Park has gone to the dogs. And many Boca Raton residents and city officials couldn’t be happier.
    “I love it. The dogs love it. They get to run in the wide open,” said Jacobs, 56, a Boca Raton resident who began using Boca Raton’s “dog beach” as soon it as opened a year ago. “I’ve never seen a fight or a problem out here. It’s cheap entertainment.”
    The city’s dog beach opened in December 2013 and has been going strong ever since.
    “The dog beach has been successful beyond all expectations,” said J.D. Varney, Boca Raton’s recreation services superintendent. “The conduct of the patrons has been the most significant factor contributing to the success of the dog beach. They have been respectful of each other and cooperative with the park rangers.”
    Residents pay $30 per dog for an annual pass to use the dog beach. Nonresidents must pay $165 for an annual pass. Weekend passes are $10 for both residents and nonresidents.
    According to Varney, the dog beach has generated about $52,000 in revenue from December 2013 to September 2014.  The city sold 1,381 annual resident passes, seven annual nonresident passes and 938 weekend passes.
    Jacobs bought two annual passes for his dogs and rarely misses a weekend. He wears his dog beach pass around his neck so it’s visible to park rangers, cleans up after his pets and stays on the stretch of beach between lifeguard stands 18 and 20, designated for dogs. On a busy day, there may be as many as 40 canines, he said.
    Varney credits the diligence of the park rangers for making the dog beach operate so smoothly.
    “The park rangers have been thorough about enforcing the rules. They make sure everyone has a permit and is following the rules,” Varney said. “The people have been marvelous.”
    Since the dog beach opened, there have only been four instances of dog owners not cleaning up after their pets, and three dog bites, Varney said.
    Resident Donald Snider, 71, said his 1-year-old collie, Tigger, loves to run along the beach. And he loves to watch.
    “I think it’s a great, great idea. Dogs love it, and they get to exercise, then go home and sleep like a dead dog,” Snider said, laughing.
    Lisa Huffman and her husband, Eric Hartmann, both 43, their two children and their golden doodle, Jesse, love their dog day excursions.
    “When we don’t bring Jesse here, he digs holes in our yard,” Lisa Huffman said. “He loves to go in the water.”
    Huffman’s stepdaughter Sydney, 9, swims with Jesse when the water is warm. Otherwise she just plays with him on the beach. Both get coated with sand, but they rinse off in nearby showers.
    “Stay away from the paws,” Sydney warned giggling. Her dad got scratched when Jesse paddled too hard, she said.
    City resident Shelley Griffith, 43, said her German shepherd, Storm, gets excited as soon as they cross the bridge over the Intracoastal Waterway.
    “She knows,” said the Boca Raton firefighter, who brings Storm as often as she can. “I love it.”
    Said fifth-grader Liam Meadows, 10, who came to the dog beach with his mom, his brother and his dog, Bailey, “The cool part about it is that you never know what kind of dogs you are going to see.”
    
Permits can be purchased at the Boca Raton Community Center, James A. Rutherford Community Center and Sugar Sand Park Community Center.

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By Jane Smith

    Boynton Beach has another white knight charged with a big task of helping to jump-start its downtown.
    This time, restaurant broker Tom Prakas has exclusive listings on two historic properties: the Ruth Jones cottage and the Oscar Magnuson house. Both buildings sit on East Ocean Avenue. His firm received the nod from the city’s Community Redevelopment Agency board in mid-November.
    Vivian Brooks, the CRA’s executive director, contacted Prakas. “He is often mentioned in the media as the go-to person for restaurants. He has a whole office of people who do that,” she said.
    Prakas is bullish on downtown Boynton Beach and his ability to find restaurant tenants and buyers. For the Ruth Jones Cottage, which used to be The Little House café, he planned to bring the CRA a list of potential tenants by Christmas.
    Among the possible renters: a stone oven pizza place, a coffee and dessert eatery or a sandwich and craft brew tavern.
    “The restaurant market is hot right now and it’s hard to find locations,” Prakas said. “The economy is good right now, people are eating out more.” His brokerage placed 30 of the dozens of restaurants on trendy Atlantic Avenue in Delray Beach, he said.
    If the CRA board accepts his renter for the cottage, Prakas’ commission will be equal to 5 percent of the base lease rental amount for the full lease term, or $5,000, whichever is greater.
    CRA board member Joe Casello voted against the contract because it is geared to a restaurant or bar, which he thinks is too restrictive.
    Brooks cautioned the board: “We don’t want another failure.”
    CRA board member David Merker, who voted against both contracts, wanted to delay the discussion until Prakas could attend to answer questions.
    Brooks reminded the board: “The longer we wait, the longer these properties sit vacant.”
    If the CRA board accepts Prakas’ buyer for the Magnuson house, he will receive 10 percent of the sales price. The buyer/renter of that house will receive $200,000 from the CRA to build it out, plus other grants available from the CRA, Brooks said.
    Brooks expects the CRA board to have a list of potential renters and/or buyers to discuss at its February meeting. She said Steve Mossini, a restaurant broker in Prakas’ office, is working on the deals.
    The CRA had paid $850,000 in 2007 for the 1,736-square-foot Oscar Magnuson house at 211 E. Ocean Ave. It was built about 1910 by Swedish immigrant and farmer Oscar Sten Magnuson. His wife, Eunice Benson Magnuson, was one of the first town clerks. Its current tax value is $158,895, according to the Palm Beach County Property Appraiser.
    For the cottage, Prakas is looking to find renters paying about $20 a square foot, plus maintenance fees and insurance premiums. He will offer some financial incentives, but it won’t be a year of free rent as the CRA gave to Chrissy Benoit when she was recruited to open a restaurant similar to her Havana Hideout in Lake Worth.
    The CRA had spent nearly $800,000 to buy, move, renovate and outfit the 786-square-foot cottage. Benoit loved its Dade County pine interior and that’s why she did not install a stove with a hood. She cooked her food using convection ovens and an induction cooktop.
    After the first year, Benoit’s rent went up to $5 a square foot, but she still could not make it work. “The CRA has a vision of what they want Boynton to be. There’s a disconnect with what the residents want,” she said. The still-developing downtown did not provide enough foot traffic for her café, she said.
    Benoit also had problems finding reliable staff and received a few bad reviews on Yelp, a crowd-sourced review site. “Something more needed to happen, or maybe I needed to change my menu,” she said after closing her restaurant in September.
    Mary Sisoain, who operates Rudy’s Stand Up Saloon in Lake Worth, wanted a bigger location and offered to take over Benoit’s lease, which the CRA board did not consider. Rudy’s serves wine and beer, has live music and a crockpot of free food for customers. “She (Benoit) was selling California-type food and craft beers only — which is not for South Florida,” Sisoian said. “You need to sell Budweiser, too. Hurricane Alley does well there; it’s just a little burger joint.”

Nearby cities doing better
    The city’s downtown core, part of the CRA’s 1,650 acres, seems frozen in time while downtowns to the north and south are thriving.
    “Few parcels are ready to be developed,” said Brooks, who has been with the agency for nine years but only three years as the executive director. “There were some political issues in the past. We are working to change the image and perception of the city.”
    To shift that image in a positive way, the effort has to be consistent and constant. “Delray’s downtown took 20 years to change,” Brooks said.
    Two gallery owners could not wait. They recently closed their shops to open on Atlantic Avenue in Delray Beach, part of that city’s CRA.
    Babs Lentz, who operates the Art-Sea Living gallery, said she has the same amount of space and did not receive incentives to move into Delray Beach. She might apply for a sign grant from the CRA or rent subsidy of $500 per month because she had to hire staff. She now runs evening classes because “there is night-life here,” said Lentz, who had been in Boynton Beach for 13 years.
    Debbie Brookes, who owns Beachcomber Art, is more effusive.
    “It was a great financial move, the best thing I ever did,” said Brookes, who moved in two months ago. She says her sales are up 300 percent. She rented a store with more space and off-street parking for customers who bring in such big pieces as urns and chandeliers for her to customize.
    But artist Rolando Chang Barrero is keeping his studio on Industrial Avenue, part of the Boynton CRA. He recently opened a fine arts gallery on Lucerne Avenue in Lake Worth.
    “Boynton Beach is just in its infancy,” said Barrero, who also runs its art district. Because it is so young, he enjoys creating its policies regarding art.
    The city has an Avenue of the Arts featuring outdoor exhibits in the CRA, said Debby Coles-Dobay, public art manager. Every year, the sculptures change. This year, as a run-up to the 2015 International Kinetic Art Exhibit and Symposium in February, the outdoor art works move by wind, light or touch.
    She thinks cultural tourism will benefit Boynton Beach by attracting corporations to the area. “It helps in everyday life as an inspiration,” she said. “And it even helps youth to do the right thing.”

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By Jane Smith

    Boynton Beach officials wanted to keep their federal housing grants, so they are renovating their City Hall parking lot to comply with disability guidelines.
    “The city receives funding from the Department of Housing and Urban Development,” said Jeff Livergood, public works/engineering director. “To continue to receive it, the parking lot had to be ADA-compliant by June 2015.”
    That means the city spent about $75,000 to reconstruct ramps and install railings. Interior signs now have Braille and round door knobs now are lever style.
    The bulk of the work was done by early December.
    Unlike other coastal cities, handicapped people did not complain or file a lawsuit against the city for lack of access to Boynton Beach’s City Hall. Its parking lot had ramps, but not the right grade, Livergood said. It also did not have the rails to make it easier for disabled people to enter City Hall to attend meetings, pay utility bills, etc.
    The Americans with Disabilities Act is a federal law that prohibits discrimination on the basis of disability in employment, by states and local governments, public accommodations, commercial facilities, transportation and telecommunications.
    Now Boynton Beach city workers will install landscaping and a new irrigation system that uses reclaimed water, Livergood said.
    He described it as a process homeowners go through when they are redoing their kitchens. “You get all new appliances, even though you might not need them,” Livergood said.
    Glenda Hall, the city’s forestry and grounds manager, said in late December she will soon have her list of plants. They likely will include foxtail palms, holly trees — either dahoon or East Palatka, coonties, various bromeliads and other low-maintenance and salt-tolerant plants.

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By Dan Moffett

    South Palm Beach’s search for a new town manager drew more than 70 applicants from municipalities across the country — and that included a chauffeur and a bartender.
    “I wanted this to be the toughest decision you have to make,” outgoing Town Manager Rex Taylor told the Town Council.
    In the end, council members found whom they were looking for in the Ivy League community of Princeton, N.J., and they said the decision to choose Jim Pascale wasn’t all that difficult.
    “He has excellent credentials,” said Mayor Donald Clayman, “and we’re very fortunate to have someone of this caliber.”
7960550689?profile=original    Pascale, 62, served 30 years as the city manager in Princeton Township, N.J., before retiring two years ago.
    “Local government is all I’ve ever done in my adult life, and I think I have a proven track record in municipal management,” he said. “I have a skill set that I’ve honed carefully and would like to use to attain the same success that I had in Princeton here in South Palm Beach.”
    On a personal level, Pascale said the timing is right for moving south. He and his wife have reared five children and watched them leave their house, so the empty nest in New Jersey makes possible a new start in Florida. He says he is considering living in South Palm Beach.
    “Pascale doesn’t need the job but he really wants the job,” said Councilwoman Bonnie Fischer, after council members unanimously approved his contract Dec. 15.
    They said they were impressed by Pascale’s enthusiasm for embracing the transition from a land-locked Northeastern college community to a tropical beachfront condo town of snowbirds and retirees.
    “The body of law in most states is very similar — whether it’s Florida, New Jersey, Texas or you name it,” he said. “There will be a learning curve to learn the subtle nuances of your set of laws, but it won’t be totally foreign. And I like to think that because I am from out of state, I can bring a value added to the position in that I’ll be able to look at issues with a new set of eyes and a fresh perspective.”
    Pascale said not everything is different between the two communities: “In Princeton, everyone was an expert on everything. I suspect it’s similar to South Palm Beach.”
    Other finalists for the job were town managers Mark Kutney of Loxahatchee Groves; Robert Kellogg of Sewall’s Point; James Drumm of Zephyrhills; Kenneth Sauer, formerly of Haines City; and Greg Dunham, formerly of Manalapan.
    “All the candidates were excellent,” said Vice Mayor Joseph Flagello. “Any one of those six could have walked in here and done an amazing job.”
    Pascale, who has a master’s degree in public administration from Rutgers University, takes over the $103,000-a-year position in January.
    Taylor retires after nine years in South Palm Beach. He previously worked as town manager in Leesburg and Vero Beach.
    “I started in this profession 43 years ago. I was just counting and this will be approximately my 925th city council meeting,” Taylor told council members during the December meeting. “So I think I got the record around here for a while.”
    Council members praised Taylor for his service, especially his willingness to guide inexperienced officeholders, and even young administrators from neighboring communities.
    “I appreciate your mentoring me over the years,” Flagello said. “Rex has always been great about giving you the thumbnail sketch and breaking down the big complicated thing to where you could understand it more easily.”
    “I just can’t thank our outgoing town manager enough for the outstanding job he has done,” Clayman said.

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Gumbo Limbo revamp, restaurant could be among changes

By Cheryl Blackerby

    A new Gumbo Limbo Nature Center building, a restaurant on Red Reef Executive Golf Course and development of the 15-acre Ocean Strand, which has been closed to the public for 20 years, were just a few of the possibilities for what could be a massive renovation of Red Reef Park.
    Boca Raton Beach and Park District commissioners heard the priorities for the renovation, the first step in developing a master plan for the park, at a meeting Dec. 8.
    Michael Kroll, vice president of Miller Legg, an environmental engineering consulting firm hired by the district for the renovations, gave the presentation, which included the wish lists of the park’s key stakeholders — the district, the city of Boca Raton, Red Reef Executive Golf Course management, Gumbo Limbo Nature Center staff and Friends of Gumbo Limbo.
    He also told commissioners the results of a survey of park users, which Kroll admitted was a sampling of only 51 people.
    The top concerns of the city were the need for storage for equipment and park vehicles in all parts of the park, including the golf course and Gumbo Limbo; a healthy, renourished reef, which is covered up and not visible to snorkelers and divers; and new boardwalks and picnic tables.
    The city expressed concern that the building, restrooms and storage at Gumbo Limbo are inadequate for current needs and future expansion, which also was the biggest concern of the Gumbo Limbo staff.
    The city also said the park should have sea turtle-friendly lighting at the beach, picnic park areas, parking lots and exterior of Gumbo Limbo.
The city staff commented that the park should be a model for turtle-friendly lighting, said Kroll. Gumbo Limbo staff also requested turtle-friendly lighting, saying that current lighting was in conflict with the center’s purpose.
    The center’s staff said the buildings at the Nature Center are outdated, and there are issues with insulation, air conditioning, moisture entering the facilities and asbestos.
    The city wanted Miller Legg to include ideas for increasing revenue, said Kroll, such as canoe/kayak rentals, sailboat and other small boat rentals; and food and beverage concessions.
    The city expressed an interest in building a restaurant at the golf course, offering more instructional programs and offering event space rentals to offset the $250,000 annual deficit at the course.
    Kroll recapped the district’s top priorities in the master plan, which included possible uses for Ocean Strand, which stretches across A1A from the ocean to the Intracoastal. The land, a quarter-mile-north of Red Reef Park and one of the city’s most valuable pieces of real estate, is owned by the district.
    The district asked Miller Legg to evaluate the park’s buildings, walking paths and lifeguard towers. And, like the city, it expressed concern about the degradation of the reef.
    As far as the golf course, the district suggested junior golf camps and golf lessons, but not a restaurant.
    The Red Reef Golf Course management’s priorities were for more storage space for vehicles and more office space, but felt there was no need to expand the pro shop. They also said vegetation should be removed so players could see the ocean and Intracoastal.
    The survey of park goers showed the top five reasons they went to the park were:  beach/swimming (23 percent), leisurely walks (15 percent), snorkeling/diving (12 percent), Gumbo Limbo (12 percent) and nature/wildlife viewing (10 percent).
    The areas needing the most improvement, they said, were restrooms (17 percent), showers (13 percent), beach boardwalk (10 percent), parking (9 percent), and beach (8 percent).

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7960543871?profile=originalJestena Boughton, with her dog, Lucy,

in front of the Colony Hotel on Atlantic Avenue in Delray Beach.

Tim Stepien/The Coastal Star

By Tim Pallesen

    The size for future buildings on Atlantic Avenue is suddenly up for debate after a plea to city commissioners by the owner of the Colony Hotel.
    “The success of Atlantic Avenue is that it has air and sunlight,” Jestena Boughton said in arguing against four-floor buildings that would create shadows.
    The question whether four-floor buildings should be allowed on Atlantic Avenue wasn’t in last year’s debate over new downtown development regulations. Prior to a Dec. 9 final hearing, commissioners had focused instead on whether to allow buildings higher than four floors off Atlantic Avenue elsewhere in the central business district.
    But the new regulations were tabled Dec. 9 after the plea for buildings less than four floors on Delray’s main street got support from Mayor Cary Glickstein and Commissioner Shelly Petrolia.
    “We’re going to lose the iconic nature of Atlantic Avenue,” Petrolia warned. “Can’t we say this is a sacred area for us?”
    She and Glickstein support a maximum height of two or three floors. “It would be most meaningful if we could accomplish that,” the mayor said.
    Boughton, a third-generation owner of a historic three-story hotel, fears approvals for more four-floor hotels like the Seagate Hotel and Fairfield Inn on the avenue.
    “The Seagate is a beautiful building with cute little balconies — but it is big,” Boughton told commissioners.
    “When you think of what’s important to Delray, No. 1 is the beach and No. 2 is Atlantic Avenue,” she said. “We don’t want a lot of big boxes on Atlantic Avenue.”
    Commissioners will review the development regulations again on Jan. 19. Several other issues about Delray’s future downtown also remain unresolved.
    The five commissioners appeared to agree in November that buildings in the central business district should be no higher than four floors.
    But Commissioners Al Jacquet and Adam Frankel on Dec. 9 both favored giving incentives such as greater height and density if developers give more public open space, green building practices and workforce housing. “I like the flexibility,” Frankel said.
    Glickstein and Petrolia have opposed incentives. “To live in a small-scale coastal community is a privilege,” the mayor said. “Delray alone is the incentive.”
    But the city’s Community Redevelopment Agency is now urging commissioners to allow office developers a fifth floor to encourage more downtown offices. Glickstein said Dec. 9 that he will consider that request.
    A planner for the Treasure Coast Regional Planning Council will meet with commissioners before the Jan. 20 meeting to try to reach a consensus on the various issues.

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7960541695?profile=originalSurfers enjoyed a few days of 4- to 12-foot waves along much of the county’s coast.

Photos by Jerry Lower/The Coastal Star

7960542273?profile=originalThe bottom of the boardwalk at the Lantana Beach disappeared with the waves.

7960542474?profile=originalRecently planted sea grapes in Ocean Ridge were moved a few lots to the south.

By Cheryl Blackerby

    Spectators gathered at the Boynton Inlet and the Lantana boardwalk to watch the high waves and dramatic ocean spray that hit county beaches Dec. 9. It was a rare and exciting event for surfers, but caused some minor erosion on the beaches and flooding on the Intracoastal side of the islands.
    Caused by a storm far offshore, the huge surf and resulting beach erosion prompted Martin County to declare a local state of emergency, but islands farther south had more Intracoastal flooding than loss of sand.
    “South Palm Beach County fared better than the northern part of the county,” said Michael Stahl, environmental program supervisor for the Palm Beach County Environmental Resources Management.
    The only report of significant beach erosion was in Lantana, where the waves destroyed the stairs leading to the beach behind the Dune Deck restaurant and the beach — usually narrow even at low tide — was nonexistent.
    “Lantana had some public access to the beach washed out,” Stahl said. “But they have built back the stairs, and have already applied to the DEP (Department of Environmental Protection) for a field permit to put back sand.”
    The town is allowed to immediately replenish 200 cubic yards of sand under a field permit, he said.
    The surging seas pushed into the dune line on Ocean Ridge’s beach, and in Gulf Stream, the combination of high tides and aging infrastructure caused back-flooding problems.
    Town Manager William Thrasher said water gushed through a hole in an underground drainage pipe and flooded parts of Polo and Banyan streets and swales in the lower, north end of town, near the Intracoastal. Thrasher said contractors will likely have to install a new lining inside the old pipe to repair the damage.
    “We recognize that the system needs to be worked on,” he said. “We’ve already begun talking with our contractor and dealing with the problem.”
    In Manalapan, coastal residents were scratching their heads as water bubbled up in front of the Eau Palm Beach Resort & Spa, completely covering A1A, under clear skies.
    And Intracoastal water washed over the grassy swale on the Intracoastal side of A1A.
    The swales on Point Manalapan also flooded in what is becoming a chronic problem along Lands End and Spoonbill roads.
    Manalapan Town Manager Linda Stumpf is calling on Palm Beach County firefighters for help. The plan is to let them use their firehoses to flush out the outfall lines on the point to see if blockages in the pipes are causing the water to back up.
    The town is also working with engineers to assess the possibility of reconstructing swales that have grown too high over the years and aren’t functioning properly to funnel water off the streets.
    “Over time, the swales have gotten built up to a point where they don’t do the job they were intended to do,” Stumpf said.
    Manalapan is at the mercy of state officials when it comes to dealing with A1A, however.
    Stumpf said the Florida Department of Transportation has earmarked money in its next budget to work on the troublesome stretch of A1A and install outfalls to channel water off the road. But it could be as long as a couple of years before the project moves from the budget room in Tallahassee to construction on the pavement in Manalapan.
    She described the beach erosion caused by the big waves Dec. 9 as minimal.
    There was some loss of sand at Boca Raton’s north beach, where a renourishment project ended in December, but two weeks later that sand was already washing back, said Jennifer Bistyga, coastal engineer with the city of Boca Raton.

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7960544876?profile=originalThis rendering of  ‘New Mizner on the Green’ was part of a mailer sent out by the developer to 12,000 Boca Raton residents.

Rendering provided

7960544890?profile=originalThe project, dubbed New Mizner on the Green, would sit on nearly 9 acres on Southeast Mizner Boulevard.

Rendering provided

RELATED STORY: Boca Raton P&Z approves 12 stories for Tower 155 proposal

By Mary Hladky

    Four months after Elad National Properties announced plans to build 500 “ultra-luxury” condos in downtown Boca Raton, passionate debate still runs strong.
    While some residents herald it as a stunning addition that will boost the tax base and meet a demand for high-end residential, opponents contend the proposed four towers rising as high as 30 stories will transform Boca Raton into another West Palm Beach or Fort Lauderdale and ruin the character of their city.
    While these competing views ring out at city meetings and online, Elad is working to build support and win over detractors.
    For months, Elad representatives have been meeting with business owners and civic and homeowner groups to outline their plan, get feedback and, they hope, win support.
    In October, Elad brought Daniel Libeskind, the project’s prominent “starchitect” — whose long list of credits includes the original master plan for rebuilding the World Trade Center in New York and the Jewish Museum in Berlin  — to Boca Raton for a symposium called “The Language of Architecture” at the Boca Raton Museum of Art.
    And in early December, Elad sent out 12,000 glossy mailers to Boca Raton residents who live outside the downtown. The mailers highlight what the developer sees as project positives and include a return card on which recipients can register their support.
    “I am not trying to sell people,” said Bill Shewalter, senior executive officer for Plantation-based Elad. “My role is primarily informational in nature. I note the positive aspects of the project and people will draw their own conclusions.”
    While acknowledging some people will never be on board, Shewalter thinks he is making progress.
    “We see there is enough support to continue doing what we are doing — building awareness, talking to people,” he said. “We think we have won a lot of people over already.”
    Boca Raton has high-rises on the beach, capped by the 27-story Boca Raton Resort & Club. Resistance to importing such heights to downtown has been fierce over the years, where building height was long limited to 100 feet. The City Council edged that up to as much as 140 feet in limited portions of downtown in 2008 and expanded that to more downtown areas a few years later.
    Despite Elad’s efforts, the project, temporarily dubbed New Mizner on the Green on nearly 9 acres on Southeast Mizner Boulevard, remains only a proposal. City staff has not accepted Elad’s plans for review because the buildings exceed allowable downtown heights. To move beyond that impasse, the towers would have to be shortened substantially or the City Council would have to amend the height rules.
    “I am unaware of anyone (on the council) who is willing to sponsor such a change,” said Mayor Susan Haynie, who does not support the project as it exists.
     “Most of the opinion I am receiving is against the project,” she said. The height “is more than double what we currently allow in the downtown.Individuals are very concerned. If we allow (New Mizner), we would open up a Pandora’s box for many others wanting to have a similar height. It is a very valid concern.”
    Glenn Gromann, chairman of the Downtown Boca Raton Advisory Committee, has a different view of public opinion.
    “The people I speak to on a regular basis generally have a favorable outlook for the project.  Most people would like to see high-end condos downtown,” he said, adding there is a huge demand for them. But Gromann concedes that the project “probably needs to be toned down a little bit.”
    Among those receiving a visit from Shewalter and his team in November were officials with the Greater Boca Raton Chamber of Commerce.
    “It was great they wanted to educate us about the project,” said chamber president and CEO Troy McLellan, who said the presentation was “very well done.”
    “It is a beautiful project, everything else aside,” he said. “It is well thought out, but it is very tall.”
    The Elad team also paid a visit to Rabbi Ruvi New of the Chabad of East Boca Raton, who said they came with no hard sell. “I think it is informational, community outreach,” he said. “This is what we are proposing. We would love to have your support, if you are supportive.”
    The mailers have drawn the ire of BocaWatch, a watchdog website whose contributors include New Mizner opponent and financial and economic consultant Ann Witte.
    “It is outrageous,” Witte said of the mailer. “It has offended many in the community.”
    It certainly upset Helene Eichler, a Boca Raton resident since 1970 who showed up at a Dec. 8 Community Redevelopment Agency meeting to object.
    “I was offended,” she said, while holding the mailer. “That is exactly what the city does not need. I, for one, do not want structures of this magnitude in our city. … I am not against growth, but I am against building three times taller than city code allows.”
    Others chimed in as well, even though New Mizner was not on the agenda. Gromann, for one, complained about the “ongoing drumbeat” of “non-fact-based commentary” about the project.
    Opponents have made their views known on BocaWatch, and posted negative comments about the project and Libeskind on Boca Raton magazine’s website. But those commenting on the Elad-created Facebook page for the project were overwhelmingly positive, describing it as, among other things, as “awesome” and “gorgeous.” The page has more than 2,000 “likes.”
    All sides foresee compromise as the end game. What form that takes is anyone’s guess for now, and depends on the willingness of Elad and Libeskind to reduce the height and, therefore, to reduce profits.
    But the developer sees ocean views as critical, so Elad almost certainly will not accept the present nine-story, 100-foot-tall limit at the site.
    Haynie already has said she is willing to support 140 feet under interim design guidelines approved in 2008.
    Boca Raton architect Derek Vander Ploeg, who is not involved with New Mizner, sees the interim design guidelines as giving the City Council wiggle room to approve a project of about 12 stories.
    “I would guess they have a Plan B” that includes shorter towers, Witte said. Even so, she does not support exceeding the 100-foot limit.
    McLellen isn’t making predictions about height, but doesn’t expect any new proposal until after the March 10 City Council elections.
    Gromann said it’s not unusual for the scope of a project to change after negotiations. He is hearing that Elad already is “making some revisions to the project to make it more acceptable to city officials,” although he says he does not know specifics.
    Shewalter isn’t ruling out changes, but not now.
    “We will listen to the community,” he said. “At the appropriate time, we will talk to people about appropriate changes. Now is not that time. We are still in the awareness stage.”

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By Rich Pollack

    Voters in Highland Beach will be asked to give town officials a green light for a multimillion-dollar water improvement project that will include replacing 60-year-old water mains and making additional enhancements expected to improve water taste and reduce odor.
    Town commissioners will finalize language this month for the March 10 ballot, which if approved will enable the town to move forward with the replacement of 6,700 linear feet of water mains serving the town’s side streets.
    If passed, the ballot measure would also allow the town to go ahead with the installation of a lime slurry/carbon dioxide system at Highland Beach’s water treatment plant.
    While the exact cost of the two projects has still not been determined, town officials estimate the bill to be in the neighborhood of $5 million.
    A referendum on whether the town can go ahead with the project is necessary because Highland Beach’s charter requires voter approval of any capital project over $350,000.
    Public Works Director Ed Soper said the current water mains serving the town’s side streets were installed in the late 1940s and are about at the end of their life expectancy.
    The pipes are made of a combination of asbestos and cement that becomes brittle with age.
    “They are reaching the end of their lifespan,” Soper said. “Replacement is inevitable. If we wait too much longer it will be more expensive.”
    While there have been no major water main breaks recently, Soper said, the goal is to avoid an emergency situation, where replacement and repairs could be costly and residents throughout all of Highland Beach, not just in the nearby neighborhoods, could be inconvenienced.
    “Water mains are like your heart arteries,” he said. “You have to take care of them before it’s too late.”
    As part of the project, crews will likely be replacing the current mains with more durable high-density polyethylene pipes. Service connections from the mains to individual meters will most likely be galvanized pipe.
    “If residents want to take full advantage of the benefits of the new system, they’ll replace the line from the meter to their property,” he said. “But that’s not required.”
    Soper said the mains serving residents along State Road A1A were replaced a few years ago and are not part of the project.
    To cover the cost of both the water main replacement and the lime slurry/carbon dioxide system, town officials are considering borrowing money from the Drinking Water State Revolving Fund, which provides low-interest — under 2 percent — 20-year loans for public water facilities.
    The town is planning to use ad valorem taxes — which are federally tax deductible for residents — to pay back the debt, which would be reflected in tax bills. Even with the additional debt, however, the town’s annual debt service rate would still be lower than it was in the 2013-2014 fiscal year, according to town officials.
    Town officials plan to provide residents with more information about the project through the town newsletter The Highlander and other methods, prior to the March 10 election.

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By Rich Pollack
    
    Highland Beach officials are hoping the third time will be a charm when it comes to finding a contractor to enclose two terraces at the public library.
    The town has $150,000 set aside for the project in its current budget, but the work has been stalled while commissioners grapple with the process of finding a professional to design the enclosures.
    During the summer the town issued a request for qualifications for an architect to develop plans and received several responses. A selection committee recommended contracting with the architectural firm of Bridges, Marsh & Associates at a negotiated a price of $16,000.
    Following concerns voiced by residents over whether an architect was necessary for such a small project, town commissioners rejected the staff recommendation.
    When informed by the town building official that the town code required an architect for the project, commissioners asked staff to issue a request for proposal for the design phase.
    “We received only one proposal and that was for more than $25,000,” said Town Manager Kathleen Weiser.
    Frustrated by the lack of other responses, commissioners rejected the bid and decided on yet a third approach.
    “We need to get this done,” Vice Mayor Ron Brown said.
    During discussions at a meeting last month, Commissioner Lou Stern said he was disappointed the project hadn’t moved forward.
    “I think it’s time the commission asks staff to find a solution,” he said. “We should hire a contractor who will work with an architect.”
    In coming weeks, town officials hope to put out a request for proposals for a firm that will handle both the design and building phases of the project.
    Weiser said a committee made up of town officials and interested residents has been working to put together the request for proposal for the design/build method.
    That proposal is expected to come before commissioners this month.
    Weiser said she is optimistic that staff will be able to make a recommendation to the commission on a contractor to handle the entire project by March and that construction could start soon thereafter.

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