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By Steve Plunkett
    
Boca Raton is reviving a 4-year-old plan to rejuvenate Lake Wyman Park, but will not install temporary park facilities at its Wildflower property.
    The City Council in a Dec. 7 workshop made a commitment to pursue a multimillion-dollar grant to refurbish the park. Boca Raton and the county together would pay 30 percent of the cost.
    The rest of the money would come from the Florida Inland Navigation District, which mostly maintains the Intracoastal Waterway from Key West to the Georgia border, but also awards grants for waterway projects.
    “I really feel confident that if we all got together, we could fund this,” Mayor Susan Haynie said.
    The county first applied for the Lake Wyman grant in 2011. FIND agreed to pay $2.1 million to scoop out a spoil island the agency owns east of Lake Wyman Park and create a 3.3-acre basin for seagrass to offset possible seagrass damage when the Intracoastal is dredged. Eleven acres of Australian pines and Brazilian pepper would have been removed from the spoil island and two smaller islands FIND owns.
    The project also would have restored a canoe trail in Rutherford Park and built a six-slip boat dock. A boardwalk would have been lengthened and picnic and beach areas added along with an observation platform.
    The city and county each would have contributed $450,000. The city persuaded the Greater Boca Raton Beach and Park District to split its matching money so each would have given $225,000.
    But the same day the beach and park district was approving the request, the city withdrew its OK, saying it wanted FIND to pay for a study of tidal flushing in the canoe trail and to dredge the canal that separates the project area from the Golden Harbour neighborhood.
    The new deadline to apply to FIND is April 1.
    On the Wildflower site, the council decided it would cost too much — $300,000 — to open the parcel to the public while the city negotiates with the Hillstone Restaurant Group to put a new restaurant there.
    Dan Grippo, public works director, said a wall on the site at the northwest side of the Palmetto Park Road bridge could be removed and minor repairs to a seawall done cheaply.
    But the parcel also would need irrigation lines and new light fixtures installed.
    “There is no electric to the lighting currently,” Grippo said. “The parking lot is unraveling, the pavement is crumbling, there’s bumps in the parking lot that’s just roots coming up from trees. … The curbing’s all crumbling, so that would have to be redone.”
    Instead, council members said they wanted city staff to apply for a permit to build floating docks at the Wildflower site. Grippo said the docks, which might accommodate four to eight vessels, would cost $200,000 to $350,000.
    Councilman Scott Singer said people who want to sit by the Intracoastal can do that at other waterfront parks that are underused.
    “If you want to go out and look at the water right now and enjoy that view, go out to Red Reef Park,” Singer said.
    The council also decided not to pursue putting in a third boat launch at Silver Palm Park, just south of the Wildflower site, but asked city staff to move a tugboat and barge that are docked there on high-demand days.
    Grippo said boaters crowd the launch area each year on Memorial Day, July Fourth, Labor Day and the first day of lobster mini-season.
    “And on those days one to two park rangers provide assistance from 6 a.m. to 6 p.m. for smooth operations,” he said.
    Grippo said the longest time that people wait to launch on the busiest days is 20 minutes. The rest of the year the wait is 10 minutes. The city has sold 702 boat launch permits to city residents and 343 to nonresidents, he said.
    The council also told city staff to issue a request for proposals from consultants to develop a comprehensive waterfront plan to guide the city’s actions on future park projects. Boca Raton owns 15 properties on the Intracoastal or on canals leading to it, Assistant City Manager Mike Woika said. Ú

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By Sallie James

    A city decision to allow construction of a four-story beachside mega-mansion on an undersized oceanfront parcel is having a ripple effect.
    In the wake of the controversial Dec. 8 City Council decision, the Greater Boca Raton Beach and Park District has agreed to identify all privately owned, buildable beachfront properties, obtain available market values for the parcels and find out if council members would support an acquisition if it had public value.
    “I am certainly not opposed to evaluating the possible acquisition of what beachfront property is available and how it could be used by the public,” said Commissioner Robert K. Rollins. “Let’s make sure we have the consensus of the City Council for us to move forward with this. They are our partner and would be responsible for going through with a bond issue.”
The discussion on beachfront property was spurred by a Dec. 16 letter from Boca Raton Mayor Susan Haynie requesting the district take such action. What could be built on privately owned oceanfront property has been a hot topic in Boca since the mega-mansion was approved for 2500 N. Ocean Blvd.
    City Council members on Dec. 8 reversed a Zoning Board of Adjustment decision that prohibited construction of the 10,000-square-foot house. The Zoning Board of Adjustment had refused to approve variances for property width and front yard setbacks.
    City Council members defended their decision, claiming the city would likely face litigation because more than a dozen such variances had been approved in the past.
 7960620683?profile=original   Outraged residents warned that the four-story house would forever change the face of the beach, disorient nesting sea turtles, and set a precedent for future development.
    Originally, property owner Natural Lands LLC had sought two variances to build the 10,432-square-foot house: an 11.5-foot variance from the minimum lot width of 100 feet; and a 14.7-foot variance from the minimum front yard setback of 25 feet.
    When the issue was appealed to City Council on Dec. 8, the request for a front yard setback was dropped. Natural Lands LLC attorney Charles Siemon told the council the house was a “reasonable” use for the nonconforming parcel and the width variance was essential to make an economically beneficial use of the property.
    Resident George O’Rourke said the city’s decision to approve the huge house on a nonconforming lot instantly increased the value of other beachside properties.
    “What they have effectively done is made the (undeveloped) property more valuable. And now the mayor is suggesting that another entity (the district) buy remaining surrounding properties,” O’Rourke said. “What they have done is create extra value in these other properties now.”
    Jack Fox, president of the Beach Condominium Association of Boca Raton and Highland Beach, was pleased to learn the district will begin researching the availability of undeveloped, privately owned beachfront properties.
    “We were shocked the city would vote 4-1 to reverse the decision of their own zoning board,” Fox said. Fox said his condo association had worked with the city to get beach lighting reduced to better protect nesting sea turtles, noting that the city had even embedded lights in the roadway to help reduce area lighting.
    “Here we are, after doing all that work, and someone wants to plop a 10,000-square-foot residence right on the beach that will have big windows and spread light everywhere,” Fox said. “The last thing we wanted was this monstrous residence built on these beaches.” Ú

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By Christine Davis

A Highland Beach pre-real-estate-crash spec house at 3621 S. Ocean Blvd. with 200 feet on the ocean, was recently torn down as part of an $11 million deal to develop six upscale townhouses on the site.
Boca Raton agents Frank Jichetti of United Realty Group and Scott Pressman of The Keyes Company Realtors represented the seller, Riverside Realty Trust (formerly 3621 S. Ocean Blvd. LLC), a company managed by Joseph Lucania of New York. The buyers, Capital Development Group LLC, Halstatt Real Estate Partners LLC and Grafton Street Capital LLC, were represented by Jeffery Cohen of Douglas Elliman Real Estate.
7960623460?profile=originalBack in April 2003, a Boca Raton Magazine article reported that the 12,056-square-foot-house sited on 1.05 acres, Casa Bella Riente, had a pre-construction price of a “whopping $15.9 million!” Features included an “oceanside VIP Suite, a second-floor master, a putting green, a huge outdoor loggia and Hawaiian fire pit for pig roasts.”
“It was a beautifully done $18 million house, but the market crumbled, and following court actions and disrepair, it ended up being torn down just a couple of weeks ago as a condition of the sale,” Cohen said.
“Our client (Riverside) bought it in November 2014, the same day the previous owner (3621 South Ocean Blvd. LLC) bought it out of foreclosure for $7.5 million and flipped it for $8.3 million and change,” Jichetti explained. Riverside then listed the property for sale for $12.5 million while working on getting all the approvals.
 The property is in a mixed-use zoning area with a high-rise just across the street, and Riverside started developing the property for two buildings with a total of six townhouses, Jichetti said. “We had town approval, council approval, and all the permitting. The new owners bought the whole package from our client already entitled,” he said.
Pressman added, “This is a very high-end premier project. The new townhouses are going to sell $6.5 to $7 million apiece.”
The new owners will continue to work with Delray Beach architect Richard Jones, who drew up the plans. “Each four-story, four-bedroom townhouse will have a roof-top terrace, 5,000 square feet of air-conditioned space, private elevator and splash pool,” Jones said. “They will have a very contemporary design with an open floor plan, and the majority of the rooms will have views of the ocean. Construction is scheduled to start by the beginning of the second quarter in 2016.”
Capital Development Group is connected to contractor Joshua McAlees of North Palm Beach.
Halstatt Real Estate Partners was built upon the legacy of Barron Gift Collier, a key figure in the development of Southwest Florida.
Grafton Street Capital is a Miami- and New York-based real-estate investment firm co-founded by Sean Posner, son of the late real estate investor Steven Posner and grandson of the late corporate raider Victor Posner. Sean Posner co-founded the company with Jed Resnick, previously a senior executive at LeFrak Organization, a New York City-based real-estate development and management firm.

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By Steven J. Smith

    Restaurateur Arturo Gismondi confirmed he intends to convert the historic Luff House into a restaurant by this time next year.
    The two-story, 2,492-square-foot Luff House — named for pioneer residents Theodore and Harriet Luff — was built in the 1920s at 390 E. Palmetto Park Road in a Florida interpretation of the bungalow style, employing coral rock on the porches and chimneys. Although it is a familiar sight in Boca Raton, the building has never received a historic designation.
    Gismondi, 46, said the restaurant will be called Luff’s Fish House, with both indoor and outdoor seating.
    “We had a soft spot for that location and for the historical aspect of the building,” Gismondi said. “We always wanted to put a concept in there.”
    Gismondi added the building’s structure inspired the restaurant, for which he has acquired a 10-year lease from owner James Batmasian.
    “I’m the type of restaurateur who doesn’t think he’d like to open a fish house and then go looking for a location,” he said. “This location suggests a Key West-style fish house that’s very informal, very outdoorsy, where customers can wear flip-flops. We’ll only use the first floor for the restaurant, while the second floor will be used for storage.”
    Gismondi’s vision for the restaurant — realized by local architect Derek Vander Ploeg — will have seating for about 45 diners inside with room for more than 100 outside, under two covered porch areas, which he sees mimicking the structure and tone of the house.
    “It’s going to catapult Palmetto Park Road into a lively street,” he said. “It’s going to be one of the first concepts where passers-by will see a lot of people outdoors. We’ll have fish sandwiches provided by local fishermen — grouper, snapper, mahi-mahi, oysters, clams — and a bar. We’ll probably serve lunch and dinner seven days a week.”
    Gismondi, who lives in East Boca, is no stranger to the restaurant business. He opened Trattoria Romana about a block away from the Luff House in 1993, as well as Cannoli Kitchen in two Boca locations, at 2001 N. Federal Highway and 22191 Powerline Road.
    “I also opened the Biergarten restaurant in Royal Palm Plaza and most recently La Nouvelle Maison, which is adjacent to Trattoria Romana,” he said.
    Gismondi said his only hurdles to opening Luff’s Fish House involve reassuring Boca Raton city officials that the transition from a residence to a restaurant will go smoothly.
    “Nothing has been done to the property in over 15 years,” he said. “So now it’s about approaching the city with our concept and explaining what we want to do. They’ve been very cooperative. They’re very happy about this, but there are rules that need to be adhered to as well, such as Americans with Disabilities Act regulations, parking and traffic impacts.
    “I’m really excited about the project. There are not a lot of fish houses in the area and I feel like we’re filling that void.” Ú

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Books: Locals shine in new history

By Steve Pike

    It’s surprising whom you’ll find in a cemetery. Janet DeVries and Ginger Pedersen, for example, found such well-known West Palm Beachers as Burt Reynolds, Larry the Cable Guy, Ottis Anderson and Lois Frankel. OK, so none of these four has yet gone to the other side, but each is featured in DeVries’ and Pedersen’s new book Legendary Locals of West Palm Beach.
     The authors — DeVries lives in Lantana and Pedersen in Boynton Beach — created the Historic Moonlight Cemetery Tours of Woodlawn Cemetery in West Palm Beach, which meant researching many of the city’s early pioneers through today athletes, actors, politicians and society leaders.

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    “They all have interesting stories,’’ said Pedersen.
    You can read about their stories in Legendary Locals of West Palm Beach, part of Arcadia Books’ Legendary Locals series, which focuses on the famous and not-so famous residents of towns and cities. The book is available at Hand’s Office and Art Supply in Delray Beach, the 1916 Courthouse in West Palm Beach, the Palm Beach County Historical Society and Amazon.com.
    Legendary Locals of West Palm Beach is the first book to focus specifically on the men and women who made major contributions to the city. The book is not the duo’s first foray into Palm Beach County history. The pair collaborated on The Deweys and the South Florida Frontier in 2012.
    Their latest collaboration, published this past November, is about “people who are the fabric of our life,’’ said DeVries, whose previous books include Sport Fishing in Palm Beach County and Delray Beach (Postcard History: Fla.).
    In Legendary Local, DeVries and Pedersen weave together an informative 127-page book complete with pictures and narrative that details the lives and legacies of not only people with the names of Mizner, Ecclestone and Kravis, but of those whose stories and contributions deserve telling.
    That’s really where DeVries and Pedersen shine — telling readers about people such as Marion E. Gruber, who in 1896 founded the Gruber Hardware and Furniture Store; Augusta Savage, an African-American  woman who sculpted the famed Lift Every Voice and Sing sculpture for the 1939 World’s Fair; Voda Adkins, the “Dixie Witch’’ who was once a concert pianist; Lena M.T. Clarke, the city’s first postmistress who was later tried for murder in Orlando and found not guilty by reason of insanity; and Grace Morrison, who learned to fly in 1932 and was the first president of the Palm Beach County Airport Commission that was instrumental in building the West Palm Beach airport.
    “You don’t want to tell a story that everyone knows, Pedersen said. “You want to find those individuals who people maybe didn’t know and tell those stories.’’
    DeVries and Pedersen tell those stories well.

The authors will appear at 6:30 p.m. Jan. 18 at the Boynton Woman’s Club, 1010 S. Federal Highway.  They also are booked at the Society of Four Arts in Palm Beach and Palm Beach State College Lake Worth in March and April.

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By Steve Pike

New directions and construction mask some of it now, but there was a time — not that long ago — when Delray Beach truly was a Village by the Sea.  Sandy Simon knows all about that.      Simon, whose grandfather immigrated to Delray Beach from Lebanon in 1912, probably knows more about Delray Beach past (and present) than any  other living resident — and it shows in his new book, Delray Beach: The Renaissance of a Village by the Sea.

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The book is filled with pictures, stories and names that date back as far as 1894 when David Swinton and William Linton arrived from Michigan on land they purchased sight unseen. That 160-acre tract of land — a quarter of a section bounded by what is now the Intracoastal Waterway and as far north and south of Northeast and Southeast Fourth streets, and once owned by railroad magnate Henry Flagler — became the foundation for Delray Beach. The price? Five dollars per acre.
Simon, who was reared in Delray Beach and developed Atlantic Plaza and several luxury neighborhoods in Delray Beach, takes readers on a journey — through words and pictures — that includes the city’s founding, the Great Depression when Delray Beach billed itself as “Ocean City,’’ the important roles of African-Americans in the city’s development, the emergence (between 1988 and 2014) of East Atlantic Avenue as a South Florida entertainment mecca, to today’s controversial proposed development of iPic theater.
 Simon sometimes gets a little bit too “inside baseball,’’ in regard to the workings of agencies such as the Community Redevelopment Agency and Downtown Development Authority, but those are the worlds he lived in for decades. For those interested in such matters, the book is an excellent history of those agencies and how they have shaped the city.  
Simon also includes a copy of the Greater Delray Beach “Visions 2000’’ Assembly Policy Statement as well as a copy of the city’s official “All-America City’’ Award entry in 1993.
Moreover, the book is a great history of what Simon identifies as the three assets that set Delray Beach apart from its South Florida neighbors. Those are the city’s two miles of clean, accessible beaches; Atlantic Avenue; and a citizen’s sense of ownership that dates back to the city’s earliest days as a farming community.
“I can’t find another town on the Eastern Seaboard that was settled by people who owned their own land,’’ Simon said. “Boca Raton and West Palm Beach (were settled) by tenant workers; Lake Worth was owned by a developer who gave you an acre of land to the west if you bought a lot. It’s just not the same.
“The DNA of a small village and a sense of ownership sets Delray Beach as unique. And that DNA continues, because everybody who comes to Delray Beach wants it to stay the same as the day they arrived.’’

The book is available  for $29.99 at Hand’s Office & Art Supply Store in Delray Beach and through Simon’s website (www.sandysimon.com). He will be presenting the book on Jan. 21 at 2 p.m. at the Delray Beach Public Library.

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7960619670?profile=originalHeifer International’s holiday gift catalog.

By Ron Hayes

    You’ve probably found the catalog in your mailbox around this time of year.
    Amid the booklets for gourmet cheese baskets, fruitcakes and holiday trinkets comes “The Most Important Gift Catalog In The World, Special 2015 Holiday Edition.”
    And there on the cover is a photo of that most important gift.
    A sheep.
    The catalog is from Heifer International, which wants you to buy a young farm animal.
A sheep, goat or pig for $120. A llama for $150. A water buffalo for $250. A heifer for $500.
And the organization wants you to buy it for someone else.
“Heifer International is just a wonderful charity,” says Harold “Doc” Burton, who crossed the ocean with its volunteers, delivering farm animals to post-World War II Europe. “They’re a charity of the Church of the Brethren. I’m not a member of the church, but I’m closely involved with what they’re doing.”
    Established in America in 1723, the Brethren is one of the three traditional “peace churches,” along with the Quakers and Mennonites.
    In 1938, a church relief worker named Dan West was providing powdered milk to women and children battered by the Spanish Civil War when inspiration struck.
    Instead of powdered milk, why not send cows? Or better yet, why not send a pregnant cow, so each recipient could pass the calf on to a neighbor.
    Two good deeds for the price of one.

7960620060?profile=originalA family in Kavala, Greece, receives a heifer from Heifers for Relief at the end of WWII.

Photo courtesy Brethren Historical Library and Archive


    In 1944, war in Europe forced Heifers for Relief to send its first shipment of 17 heifers to Puerto Rico.
    At war’s end, the charity joined with the United Nations Relief and Rehabilitation Administration to bring livestock to Europe. And the effort has grown ever since.
    According to its most recent report, Heifer International has helped more than 22 million families in 125 countries in its 70 years.
    In 2008, the Bill and Melinda Gates Foundation gave the charity a $42.5 million grant to help farmers in East Africa, and added an additional $8.2 million four years later.
    And it isn’t just about heifers anymore. Gifts of chicks, rabbits, ducks and honeybees are also available.
    “The Church of the Brethren did not and does not believe in war,” says Burton. “They believe in peace, and any time something comes up where they can help mankind, they do it.
    “It’s just a way of life with them.”
For more information, visit www.heifer.org.

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The fate of what has been dubbed the Arts Warehouse, a 15,000-square-foot building in Artists Alley purchased by Delray Beach’s Community Redevelopment Agency in 2010, remains as uncertain as that of the surrounding area.
Little has been done to the warehouse, initially envisioned as an arts incubator — with art classes, gallery space and room for studios that artists could rent — since it was purchased five years ago.
But at its Nov. 19 meeting, the CRA board gave new life to the idea of an arts incubator, voting to seek grant money for the project and also requesting that staff members explore the possibility of finding a partner to help make the warehouse a reality.
During that same meeting, attorney Joe White, who earlier this year purchased the row of warehouse buildings to the north that are a major part of Artists Alley, introduced another option for the building.
White would like to see it bulldozed to make way for a block-long mixed use project he envisions for the area that would include studio space for artists, townhomes, retail space as well as a performance center.
“We’re trying to unify the arts in one location,” said White, who plans to have further discussions with the CRA about the proposal.   
For now, however, uncertainty remains.

— Jane Smith

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The media often catch a bad rap for giving excess attention to all things outrageous. How else do you explain the Kardashians and the current fascination with every utterance of the 2016 presidential candidates?
Blame it on the 24/7 news cycle. Blame it on society’s need to be constantly connected. Blame it on most media companies’ business model to deliver eyeballs to advertisers.
Social media have only accelerated the mass media mentality. As we shake our fists at the television or computer screens, it’s important to keep these things in mind.
This past Thanksgiving, I was thankful The Coastal Star has taken a different approach. By design we circulate a set number of newspapers each month and, because of our frequency, we don’t feel the desire to chase ambulances or celebrities. We focus on providing local news, information and advertising to a select community of readers: the best in Palm Beach County, in my opinion.
We also take the liberty of not reporting on events that we determine are self-serving, defamatory or repugnant. That doesn’t mean we won’t report on sensitive issues or dig deeply into alleged wrongdoing. We will. It just means that personal attacks done in public settings are not necessarily what we consider news.
Sadly, 2015 offered numerous examples of dirty play in our coastal towns.
This December — as holiday stress works its way into our psyches — my hope is we can avoid personal attacks and covert maneuverings to address our coastal concerns in open and fair public forums.
My mother always said, “if you can’t say anything nice, don’t say it.” Imagine how pleasant the holidays could be if we all took this to heart.

— Mary Kate Leming, editor

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Related story: Highland Beach negotiations underway for fire truck, rescue vehicle and staffing

By Dan Moffett

Five coastal municipalities have joined to pay for a study to explore the feasibility of forming a barrier island fire district.
    The first formal vote on the idea came on Nov. 13 in Gulf Stream, when the Town Commission unanimously approved putting up $39,000 to hire Matrix Consulting Group of Keller, Texas, the low bidder among four companies that submitted study proposals.
    The other four towns in the group have agreed to share in the expense: Gulf Stream, after reimbursements from its neighbors, hopes to end up paying $9,677, as will Manalapan and Ocean Ridge.
Briny Breezes and South Palm Beach will contribute $5,000 each. Highland Beach, which was considering participating, has decided to pull out and continue contracting for fire and emergency medical services with Delray Beach.
    “Briny Breezes at the very front end told us they could not equally share in the cost,” said Gulf Stream Town Manager William Thrasher. “We felt they were an important component and to bolster good will between the communities we recognized their inability to fund such a project.”
    Briny Breezes’ importance to the plan is available real estate — several parcels on the west side of A1A that could become the site for building a fire station that would serve the southern end of the proposed district. The maintenance building behind Ocean Ridge’s Town Hall likely also would require an overhaul for use as another station.
    If the sites in Briny don’t work out, Thrasher says it might be possible to find space in his town. The problem with moving to Gulf Stream, however, is that there would be no chance of obtaining federal or state grant money to pay for the station’s construction.
    The district movement comes after years of frustration with fire service providers on the mainland whose fees have been increasing and whose response times seem to have been, too.
    Gulf Stream Mayor Scott Morgan said that, if the plan proves viable, it could mean self-sufficiency and that the towns “would not be at the contractual whims of Delray Beach or Boynton Beach, or anyone else that would have to provide that service to us.”
    Gulf Stream Vice Mayor Robert Ganger said the town had been setting money aside for a feasibility study for three years. “It’s money well spent,” Ganger said. “This is a really important project.”
    Matrix Consulting is expected to begin the study with visits to the coastal towns beginning in December and will have 90 days to file a report. Representatives of the towns said they chose Matrix not because it was the lowest bidder but because its proposal was the most detailed.
    Fitch and Associates of Platte City, Mo., was the group’s second choice with a bid of $48,600, and Thrasher said the company would be the alternate if one is needed going forward.

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7960621271?profile=originalBrenda Gordon works on a commissioned painting at Artists Alley in Delray Beach. Tim Stepien/The Coastal Star

Related story: Delray seeks grants, partner for plan to revive arts district

By Rich Pollack

The artists who remain in Artists Alley are waiting.
With their galleries and studios open for the monthly Third Thursday event that in the past drew many visitors, artists who have not left — due to higher rents — are waiting for customers.
They’re also waiting for news from Delray Beach’s Community Redevelopment Agency — meeting just across town at City Hall — to hear if it will move forward with stalled plans to transform a nearby 15,000-square-foot warehouse at the south end of the district into an arts incubator.
And they’re waiting to see if an ambitious private/public venture, unveiled that same night before the CRA board, will transform the small colony, adding lofts and studio space for artists as well as a 250-seat performance space, townhomes, restaurants and retail space.
That idea for the proposed multi-use art-centric project — dubbed Artist Alley — was conceived by attorney Joe White, who purchased the row of one-bay warehouses for $4.5 million in a June bankruptcy proceeding.
But subsequent rent increases — doubling in some cases — spawned a migration of several artists away from the colony, which in its heyday was home for as many as 30 artists and sculptors.
White says his goal is not to drive artists away but rather to transform the area into a vibrant arts destination that will bring more customers. In the short term, he’s already made improvements to the parking lot surface and he’s working to enhance safety lighting.
 “We’re trying to invigorate the area,” he said. “We want to give the artists a place where they can be successful.”
Still, the future of Artists Alley remains awash in question marks, with plans for the area in the Pineapple Grove Arts District painted with uncertainty.
“I thought I’d be here for the rest of my days,” says artist Vincent Cacace, a driving force behind the creation of the artists colony. “Now I’m not sure how long I’ll be here.”
Amid the precariousness, however, Artists Alley is far from dead.
“There are still a lot of artists here,” said Susan Romaine, who has a separate studio and now a new gallery she opened with framer Maggie Walker. “There are 10 artists on Northeast Third Avenue alone.”
By Cacace’s count, there are still about 20 artists remaining in the area.
In their new gallery, Walker and Romaine host the works of several of the half dozen or so former Artists Alley tenants who have moved away.
“One of the reasons we opened was to give them space for their work,” Walker said. “We want to showcase the displaced artists.”
Delray Beach’s Arts Garage is also joining in the efforts to showcase the works of displaced artists on the third Thursday of every month in what is being called Artpop!
“We’re going to try to accommodate as many as we can,” said Alyona Ushe, the president and CEO of the Arts Garage.
Also helping to attract people to the area is the Market in the Grove, a collection of craftspeople offering a variety of items, including jewelry, that is set up on Third Avenue on third Thursdays.
Both are seen by artists as complementing Artists Alley’s events and helping to bring arts patrons to the area.
Just last month, Brenda Gordon and Magnus Sebastian moved their Magnus & Gordon Gallery into a larger space closer to Cacace’s gallery.
“We’ve signed a new lease,” Gordon said. “We looked at many different places and it’s still a good deal.”
Despite what seems like a constant evolution, Cacace — even before White’s plans were unveiled — spoke optimistically about Artists Alley’s future.
“This could be an international arts district,” he said. “It has the bones for it.”

7960621459?profile=originalArtists Jan Murphy and Sheila Wolff talk shop at Artists Alley. The location of Delray Beach’s popular artists’ colony is under new ownership. Tim Stepien/The Coastal Star


Jane Smith and Lucy Lazarony contributed to this story.

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7960617252?profile=originalAl Hincken (center) walks west on Atlantic Avenue with two of his helpers, Thomas Smith (l), 29, and Bob Meyer (r), 64, to deliver food to the volunteers who help put up the city’s 100-foot Christmas tree (below). Tim Stepien/The Coastal Star

By Lucy Lazarony

    For Al Hincken, Christmas begins in October.
    For the past 11 years, Hincken has visited downtown Delray Beach restaurants each October asking for food to feed the volunteers and workers assembling the 100-foot Christmas tree in Old School Square.
    He returns in November to pick up the food from each restaurant for as many as 40 people.   
    He wears a chef cap proclaiming himself “The Kitchen Elf” and an apron celebrating Delray’s Christmas tree.  
    “We try to make sure nobody goes hungry. It’s always ladies first, the men volunteers and whoever’s here,” Hincken, 72, says.
    He leaves at noon to pick up lunches, soon after school kids come by to help with the tree.
    Students from Carver Middle School, Atlantic High School, Village Academy, American Heritage and St. Vincent Ferrer all stop by to help the busy volunteers.  

7960616676?profile=original
    Volunteers for the Delray Beach Marketing Cooperative check all 15,000 LED light bulbs on the Christmas tree and properly align more than 3,000 tree branches. Some volunteers climb the tree to place the branches.
    Volunteers work weekdays on the tree and it takes about three weeks to complete, depending on the weather, according to Tiffany Mazer, operations manager for the Delray Beach Marketing Cooperative.
    On a recent day the food delivery is from The Office, burgers and veggie burgers and fries for hungry volunteers. Hincken, who worked for Philadelphia Electric before retiring 21 years ago, walks with two volunteers to pick up and deliver the food.
    After the meal, volunteers sign a thank-you note that Hincken delivers to the restaurant.
    “I wait for the thank-you note. That’s got to go back,” Hincken says.
    What prompted The Kitchen Elf to get started?
    Hincken, who had moved to Delray Beach from Philadelphia, six months before beginning to volunteer, noticed  tree vounteers were hard to come by and they were paying for their own lunches.
So he began knocking on doors. “Food brings people together,” he says. “People network and they build associations and friendships and they look forward to the next day,” he said.
He does, too. “I wouldn’t do it if I didn’t like it. The pay’s the same. It makes me happy.”

For more on Delray’s 100-foot Christmas tree, visit www.100ftchristmastree.com. Volunteers are needed to greet visitors in December and take down the tree in January.

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7960616862?profile=originalOne proposal aims to widen sidewalks and preserve ocean vistas along A1A. Rendering provided by Bob Currie

By Jane Smith

Delray Beach residents will have to wait at least a year to see promised improvements along the 1.25-mile promenade along the municipal beach.
The city had planned to use a design/build contract to fast-track the project, but those types of contracts are problematic, City Manager Don Cooper said.
Instead, the design and build contracts will be separate.
“We want to do it right, not necessarily fast,” he told city commissioners at their Nov. 17 meeting.
The Beach Property Owners Association revealed its latest conceptual master plan that estimated the cost to be $3.4 million including $200,000 for contingencies.
Association members, including architect Bob Currie, had donated their time over the past seven years to hold public gatherings on what residents want at the beach.
Currie’s plans, updated since the September gathering, focused on new benches, showers, lighting, garbage cans, solar-powered parking meters, bike racks and pathways for the linear park. The project aims to preserve ocean vistas, create wider sidewalks and replace street furniture such as benches and garbage cans — with a little flourish.
Some commissioners preferred a subdued color palette to match the silver buttonwood and gumbo limbo trees along the beach.
Mayor Cary Glickstein liked the flourish of curved benches but questioned whether masonry walls behind them were necessary.
“Of the thousands of people who have communicated, not one said we need more masonry walls,” he told Currie and BPOA members.
He also objected to the signs announcing “Delray Beach.” He thought they were too “contrived” and looked like they belonged in Pompano Beach or Fort Lauderdale.
The stockade fence looked too modern to him; he said he prefers the snow fencing that needs to be replaced.
He also wanted to see elements that would make the beach accessible to disabled people.
Vice Mayor Shelly Petrolia said she liked the tall sea grape growth along the beach’s south end.
But both comments were outside the scope of the current project. The sea grapes need to be trimmed, consultant Rob Barron explained, to allow their root systems to be healthy and prevent the plants from blowing over in a storm. He is in charge of the dune management plan that will include the sea grapes.
Disabled access on the beach also is not included in the group’s linear park improvements. Its work stops where the beach begins.
Commissioner Jordana Jarjura stressed the beach should retain its natural look. She also proposed a bike-sharing  program, which other commissioners agreed could work well with the image the city is trying to project.
Rebuilding the gazebos was postponed and will be included as part of the beach master plan.
The Beach Property Owners took offense to some of the comments because they had met individually with each commissioner, except for Al Jacquet who had a scheduling problem. They showed each commissioner the conceptual plan prior to the meeting.
“It was all positive,” Andy Katz, vice president, said a week later. “It’s incumbent on the city commission to decide whether they will honor the charette process. They have a responsibility over spending public dollars.”
Cooper will take the commissioners’ comments and work with staff to create a bid for the design contract.


In other action at the Nov. 17 meeting, the commission unanimously approved a contract with its firefighters that is retroactive to Oct. 1, 2014. The 3-year agreement includes raises up to 5 percent and will cost the city about $4.2 million.
Firefighters will receive back wages and raises. Human Services Director Tennille Decoste said she wanted the firefighters to receive the extra money in their checks before Christmas.

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By Jane Smith

The Atlantic Crossing developers amended their lawsuit against Delray Beach to focus more on the current commission members and their actions, according to the updated complaint filed Nov. 20 in federal court for the Southern District of Florida.
The complaint alleges that the mayor, vice mayor and a new commission member elected in March had all campaigned on promises to oppose the Atlantic Crossing project.
“This new legislative majority (the ‘New Commission’) has pursued a de facto policy to obstruct the Atlantic Crossing project by any means,” according to the amended complaint.
The lawsuit lists the obstruction tactics as: demanding a two-way internal road, asking for two alleys to be returned, refusing to certify Atlantic Crossing’s site plan, requiring an updated traffic study and refusing to give the project plat approval. The developers claim they have suffered in excess of $25 million in construction losses.
“The city is reviewing it and will file a response in the time allowed,” City Attorney Noel Pfeffer said on Nov. 24.
The Florida Coalition for Preservation was more pointed in its response to the amended complaint. In a lengthy response sent Nov. 30 to the city commissioners and city attorney, Robert W. Ganger, Coalition chairman wrote:
“Most of all, we take exception to the rewriting of local history and allegations of improper behavior on the part of city officials, by a team of apparently desperate attorneys who are either misinformed, or purposely engaged in a ‘client cover-up’ action.” Ganger said he hoped his response would reach outside counsel.
The proposed $200 million Atlantic Crossing sits on 9.2 acres at the northeast corner of Federal Highway and East Atlantic Avenue in the city’s downtown. The project, developed by a partnership between Ohio-based Edwards Companies and Ocean Ridge resident Carl DeSantis, will contain 356 luxury condos and apartments plus 80,000 square feet of restaurants and shops and 79,000 square feet of office space.
The developers sued the city in June claiming the city has not issued a site-plan certification that was approved in November 2013 and affirmed by a previous city commission in January 2014.
The lawsuit has a May 2016 trial date in federal court in West Palm Beach with Judge Donald Middlebrook presiding. It also was assigned a federal magistrate who can help arrange settlement or mediation discussions.
A pre-trial conference is set for May 25. Ú

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7960616483?profile=originalBy Ann Henson Feltgen
    
Saltwater intrusion leading to contaminated drinking water wells has long been feared in South Florida.
    Billions of dollars have been spent on measures to protect our water supply — mostly paid for by utilities and their customers — and have paid off, so far.
    The invisible underground barrier separating salt and fresh water is holding salt water back to the 1995 boundary or even farther east, scientists say.
    “This is a success,” said U.S. Geological Survey hydrologist Scott Prinos, who helps monitor saltwater intrusion in several South Florida counties. “The question is: As we move into the future and with population increases, will these measures continue to be effective?”
    The barrier between fresh and salt water — called the saltwater interface — preserves the pristine water in the 3,000-square-mile Biscayne Aquifer, which supplies potable water to about 5.8 million residents in South Florida and the Florida Keys.
    The struggle to forestall saltwater intrusion began in the 1930s when canals were dredged to drain the Everglades, Prinos said. As water levels declined in the spongy aquifer, salt water — which is heavier than fresh water — began to flow inland. Population pressure, drought and higher sea levels all play a part in interface movement. Although the interface is stable, it imperceptibly ebbs and flows seasonally.
    Florida receives an average of 54 inches of rainfall per year, much of which seeps into the ground and refills the aquifers. This year’s rainy season officially began May 10 with South Florida in a severe drought that extended through July. The August and September rainfall helped, but the area was still technically in a drought.
    The remainder of the season is expected to have above average rainfall due to the effects of an El Niño, according to the National Oceanic and Atmospheric Administration.
    The South Florida Water Management District, which governs potable water for South Florida, has for years been nudging municipalities to control their water usage by adopting conservation measures, installing reverse osmosis plants that can convert the brackish water from the deep Floridan Aquifer into drinking water and storing water during the rainy season for use in dry periods. Last year, these conservation measures were mandated by state law.
    Previously, the carrot at the end of the water district’s stick was a water use permit that allows specific withdrawal amounts from the Biscayne Aquifer for up to 20 years. Now South Florida communities and counties are spending billions of dollars to adopt the latest technology and build new facilities, passing along the cost to residents and businesses in increased fees.
    For its part, the water district has been upgrading and monitoring water control structures that also retard saltwater intrusion, said Pete Kwiatkowski, a SFWMD hydrologist and manager of the resource evaluation section.
    The agency also provides substantial grants to cities, special districts and utilities for these projects. The agency issues a request for proposals, then reviews the projects based on a list of criteria and available funding. The projects must be considered nontraditional, such as aquifer storage and recovery, reverse osmosis plants and reclaimed wastewater used for irrigation. Since 1997, the agency has approved $1.4 billion in funding for 488 projects.

Local efforts
    Because the elevation of Palm Beach County is much higher than counties farther south, the advance of saltwater intrusion is less. But efforts are underway by Palm Beach County cities and range from taking less water out of the Biscayne Aquifer and more water from the Floridan Aquifer, rotating well usage, using water storage, reclaiming water for irrigation to eliminating withdrawals from the aquifer entirely.
    Boca Raton, the second- largest city in Palm Beach County, stores water by back pumping excess runoff into canals, where the water percolates into the ground and the Biscayne Aquifer for use during the dry season. The city also maintains canal levels at a fixed rate to keep salt water from intruding. The city uses reclaimed water for irrigation.
    Boynton Beach officials learned five years ago that saltwater intrusion may become a problem for some of the city’s wells east of Interstate 95, so they reduced usage of those wells from 16 million gallons per day to 5 million gallons per day. Boynton Beach provides water to Ocean Ridge and Briny Breezes.
    Delray Beach city commissioners on Sept. 3 approved a study to look at alternative water supplies and methods to meet the city’s demand. The study will look at using deeper wells and different treatment. A new plant would be included in the plan. The city has hired a firm to weigh the alternatives and costs.
    Highland Beach taps the Floridan Aquifer and a reverse osmosis plant desalinates up to 3 million gallons of water per day. The city uses maybe half of that even during the winter season. Because the town taps into the deeper aquifer and uses desalination, Highland Beach residents are not subject to water restrictions.  
    Lantana operates 10 wells scattered throughout the town and provides water to 3,300 customers. The town’s water supply, which comes from the Biscayne Aquifer, is adequate and growth will not crimp the supply.   
    Manalapan’s wells are all on the west side of U.S. 1 and have not had a problem with saltwater intrusion. The town operates six wells, two of which tap into the Floridan Aquifer and require reverse osmosis to take out the salt water. Manalapan is in discussions with Boynton Beach about taking over Manalapan’s water plant.
    West Palm Beach silenced its wells that tapped into the Biscayne Aquifer in 2012 and the city began relying on groundwater. The water utility does not face saltwater intrusion or worry about sea level rise, and the supply is a renewable resource. West Palm Beach provides water to the town of Palm Beach and to South Palm Beach.

The future
    Much has been said about the effects of climate change and what it may mean for South Florida’s potable water supply.
    “It’s too early to declare a victory over saltwater intrusion,” said Eric Draper, executive director of Audubon Florida, which supports and stresses conservation of natural resources, including water.     “Saltwater intrusion is also a matter of sea level rise, and we don’t know what will happen. As sea levels rise, it puts more pressure to move the salt water that’s underground. I don’t know if we have studied that yet.”
    Scientists agree that climate change is a factor, but say efforts are taking place to save the aquifer and, as technology continues to advance, more strategies will come into play.
    USGS’s Prinos said South Florida governments are working together to identify areas of concern and come up with proactive solutions.
    “We maintain salinity control structures, relocate wells that are very close to the coast farther west, we are using [best] practices with water conservation and some cities are using reclaimed water for irrigation,” he said.
    Prinos added that technology now allows pinpointing where the saltwater interface is and whether it is moving east or west.
During mapping in 2011, the agency deployed helicopters equipped with electromagnetic technology that can precisely determine where the interface is located. Formerly, the salinity in sentinel wells along either side of the interface was used to determine if salt water was moving.
    “In some cases, we had the front farther west than it really was,” Prinos said.
    “As we move into the future, we will continue to be vigilant, watching and considering ways to hold it back.”

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By Dan Moffett
    
A Palm Beach County Circuit Court judge has echoed the words of a federal ruling in dismissing the town of Gulf Stream’s conspiracy complaint over hundreds of public records requests filed by residents Martin O’Boyle and Chris O’Hare.
    Circuit Judge Richard Oftedal ruled on Nov. 4 that O’Boyle and O’Hare have the “absolute right under current Florida law to file public record requests and then file lawsuits if the requests went unanswered.”
    Oftedal threw out the town’s request for an injunction halting new requests from the two men and said their lawsuits and claims for attorney’s fees should go forward.
    The judge’s ruling against Gulf Stream came with a dose of empathy for the town’s predicament in dealing with the onslaught of records requests, however.
    “The court is neither unmindful nor unsympathetic with the plight of Gulf Stream, a small municipality of only 17 permanent employees, who, if the allegations are true, are being forced to divert taxpayer monies earmarked for public services in order to address the avalanche of public records requests being filed for no purpose other than to harass and shake down the town by fear and the threat of having to pay attorneys’ fees under the statute,” Oftedal wrote. “While Gulf Stream may well be the poster boy for those victimized by individuals seeking to ‘game the system’ by suing public agencies, it is hardly alone.”
    The judge said relief for the town and other municipalities would have to come from the Florida Legislature, which could change the law. Oftedal’s ruling aligned with that of U.S. District Court Judge Kenneth Marra, who in June threw out the town’s civil RICO (Racketeer Influenced and Corrupt Organizations) suit against the two men. The town’s attorneys are appealing that dismissal.
    “Thankfully, for citizens, journalists and data collectors, Judge Oftedal is not alone and is part of a growing trend of courts refusing to use their judicial powers to prevent people from exercising civil rights,” said Jonathan O’Boyle, Martin’s son and an attorney named as a defendant in the town’s cases, who criticized Mayor Scott Morgan for not pursuing a settlement.
Morgan has said the town is willing to negotiate when O’Boyle and O’Hare agree to drop their lawsuits and make a serious proposal to the town’s attorneys.
The O’Boyles have urged town commissioners to form a panel of residents and officials to help broker a settlement.
    “Morgan is crazy if he thinks that he can resolve this issue without a sit-down,” Jonathan O’Boyle said. “In my opinion, attributable to me and no one else, a sit-down is mandatory.”
    In other business:
    • The Florida Commission on Ethics has dismissed O’Hare’s complaint against Town Attorney John Randolph. O’Hare had accused the town of an improper contractual arrangement with Randolph that allowed him to directly pass work on to his law firm. The commission found “no probable cause to believe that he (Randolph) misused his public position to benefit himself, his law firm, or others.”
    • Residents will notice a $30 fee added to their water bills next year. The surcharge is to build the town’s utility fund to prepare for problems with the aging infrastructure. Many of the town’s water pipes are more than 50 years old and living on borrowed time, officials say, and a failure can cost more than $1 million to repair. Ú

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By Dan Moffett

A familiar face is returning to the Manalapan Town Commission.
    7960615097?profile=original7960615674?profile=originalBasil Diamond, who served as mayor from 2011 to 2013 and six years as a commissioner before that, will fill the open Point Manalapan commission seat vacated by Tom Thornton, who has moved out of town.
    On Nov. 17, commissioners unanimously approved Diamond’s appointment and said his experience would be useful to them.
    Mayor David Cheifetz said he was “absolutely delighted” Diamond was willing to serve out the remainder of Thornton’s term, which expires in March 2017.
    “It’s a good choice to get someone of Tom Thornton’s experience,” said Peter Isaac, “and getting Basil back would give that experience.”
    As part of the commission reshuffling, Isaac moves from mayor pro tem to the vice mayor position that Thornton held, and Commissioner Chauncey Johnstone takes over as the new mayor pro tem.
     Diamond, a lawyer, is partly responsible for the rather complicated configuration of Manalapan’s elected representatives. In 2002, he led a group of Point residents who sued the town, claiming they were under-represented because oceanfront homeowners controlled two commission districts with four commissioners on the six-member board — despite having fewer residents than the Point.
    A federal judge ultimately agreed and threw out that system. Then voters approved the current apportionment which requires two seats to be held by ocean residents, two by Point residents, and two other seats and the mayor elected on an at-large basis from anywhere in town. But all voters cast ballots for each seat.
    The new commission lineup could be set for a while. Town Clerk Lisa Petersen said the three commissioners whose terms expire in March — Simone Bonutti, Clark Appleby and Ronald Barsanti — have all said they plan to serve another term, and no challengers have come forward. Manalapan’s qualifying period for the March 15 election began Nov. 24 and runs until Dec. 8, earlier than usual because the municipal voting will occur the same day as the presidential preference primary.
    In other business, work on the Audubon Causeway bridge project has gotten underway, but is still moving slower than commissioners would like.
    “It seems like it’s taking forever to get the ball rolling,” Cheifetz said.
    Isaac, the town’s liaison for the project, attributed recent delays to an excess of bureaucracy between the town’s engineer and the contractor. He said he was hopeful that the town can work with both parties to streamline the engineering oversight, eliminate redundant reviews and improve communication between consultants, saving time and perhaps money.
    “The contractor has been just as frustrated with the delays as we are,” Town Manager Linda Stumpf said of Drawdy Construction’s support for changing the engineering procedures.
    Isaac said by early December, workers should have installed a barrier to separate two 11-foot lanes on the bridge, and then will begin “sawing away” the south side.
Traffic will remain open throughout construction, which is expected to continue well into spring. Ú

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A comprehensive recap by Randy Schultz and Mary Kate Leming of the 1984 Karen Slattery murder and the status of her killer on Death Row won The Coastal Star journalists a top award from the Florida Press Club in its annual Excellence in Journalism Contest last month.
Schultz and Leming won the Lucy Morgan Award for In-Depth Reporting for the story.
The Coastal Star won 12 additional awards for page design, photography, arts writing, environmental writing, general news writing, light feature writing, minority reporting and public safety reporting.
Winners included: Thom Smith, first place for Commentary Writing; Willie Howard, first place for Environmental Writing; Jerry Lower, second place for General News Photography; Lucy Lazarony, second place for Art News Reporting; Mary Thurwachter, second place for Light Features  Writing; Ron Hayes, second place for Minority Reporting; Dan Moffett, second place in Government News Writing, and Public Safety Reporting, and third place for General News Writing; Scott Simmons, third place for Feature Page Design Layout; Greg Stepanich, third place for Arts News Reporting and Rich Pollack, third place for Public Safety Reporting.
The 65-year-old Press Club presented awards during the annual convention Nov. 7 at the Seminole Hard Rock & Casino in Hollywood.
— Staff Report

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7960613676?profile=originalArtist’s rendering of the condos planned for the former site of the Palm Beach Oceanfront Inn. Rendering provided

By Dan Moffett


    After months of silence, South Palm Beach officials and developer Gary Cohen are talking again about his Oceanfront Inn property.
    The Paragon Acquisition Group chief executive officer met with new Town Manager Bob Vitas and Mayor Bonnie Fischer in November. Vitas and Fischer said Cohen promised to complete the demolition of the old Palm Beach Oceanfront Inn in a timely manner, then begin building the 33-unit condominium project the town has approved.
    “It’s going to be a long process,” Fischer said. “We’ll see if the building ever gets built. It’s a very small property with a large building going on.”
    Vitas said the purpose of the meeting was “to clear the air and make sure that everybody was on the same page. I’m not a referee, but I’m a good mediator.”
    Cohen, according to Vitas and Fischer, said the property isn’t for sale. But other town officials aren’t so sure.
    “I think he is trying to sell it,” said Councilman Woodrow Gorbach, a real estate agent. “It is on the market — the European market. I don’t really believe him.”
    Since the spring, HFF commercial real estate brokers in Miami has run an Internet ad that lists the property and its approved development plan as for sale. Cohen paid $8.25 million for the property in 2013. Vitas said that “if somebody offered him double what he paid for it,” there’s no reason to think he wouldn’t sell.
    Among the other discussion points:
    • Cohen told Vitas and Fischer he intends to have the sea wall completed by the March 1 permit deadline. Fischer said she expects more inspections of the wall construction from state environmental officials in the weeks ahead.
    • Shortly after the wall’s finished, Cohen said, he intends to concentrate on demolition of the hotel and wants it to be done by June.
    “Beyond that,” Vitas said, “he plans going forward with the physical construction of the property.”
    • The town officials told Cohen to talk to neighboring property owners and keep them informed. Fischer said residents were concerned about the vibration from construction and demolition. She urged him to take steps to minimize that.
    “He understands there are many watchful eyes on it,” Vitas said. “I advised him to reach out to the neighbors.”
    Fischer said the town had no contact with Paragon or Cohen for most of the year. Not having a town manager on the job since June has hindered communications, council members said.
    “We agreed that we’d meet on a regular basis,” Vitas said. “I want to be kept up to date on what’s going on. We’re going to be monitoring it closely.”
    In other business from the Nov. 17 town meeting:
    • Vitas said he intends to have a “90-day action plan” ready for the council to review in December. “I’m not going to tell you what to do,” he said. “I want you to tell me what you’d like to have done.”
    Vitas, the former Key West city manager, succeeds Jim Pascale, who abruptly resigned in June after three months on the job.
    “I actually heard people laughing in their offices this week,” said Councilman Robert Gottlieb of Vitas’ welcome arrival.
    • Police Chief Carl Webb has promoted Lt. Robert Rizzotto to commander and hired Richard Scott Stevens as a new part-time patrol officer. Rizzotto and Stevens worked together with the New York City Police Department years ago. Ú

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7960616457?profile=originalBy Dan Moffett

Wellington Arms Condominium homeowners and developer William Swaim are lawyering up for a legal border war that could determine the fate of the mangrove-rich lagoon behind Ocean Ridge Town Hall.
     For nearly two years, Swaim has been trying to persuade the town to give him an easement behind the building so he can develop lots he controls in the lagoon. Condo homeowners have steadfastly and publicly opposed him.
     In October, the dispute sharpened when Swaim’s Waterfront ICW Properties obtained a deed to another lot, this one owned by Todd Flato and Diana Fenimore. The developer claims the property includes submerged land that reaches under the Wellington Arms docks. Alfred LaSorte, Swaim’s West Palm Beach-based attorney, has told the condo owners he wants them to tear out the docks — or agree to a deal.
     LaSorte says Swaim is willing to lease the docks back to Wellington Arms for $50,000, providing the homeowners are willing to support his efforts to develop all his property in the lagoon.         Also, the homeowners must agree to retract public objections they have made to the South Florida Water Management District, the agency that must give permission for building.
     Pat Ganley, Wellington Arms treasurer, wrote the Town Commission asking for help. He calls Swaim’s move a “land grab,” pure and simple. Ganley and the condo group believe the property covered about 1.29 acres before Swaim got the deed and now stretches some 5.7 acres under his new interpretation.
     “The Swaim land grab puts the Ocean Ridge lagoon and the Wellington Arms docks in peril,” Ganley told the commission. “In my eyes, this can only be considered theft of property.”
     The condo’s attorney, Julia Jennison of Lewis, Longman & Walker in West Palm Beach, did not respond to requests for comment. For 13 years, she worked as a legal research assistant for the SFWMD, so she knows something about the complexities of submerged land disputes.
     As for the town, Mayor Geoff Pugh has told Swaim the commission won’t consider giving him an easement until he gets the permits he needs from the SFWMD, and the agency continues to reject him, asserting the lagoon and its mangroves are environmentally protected. Swaim has told the town he’s in a Catch-22 predicament: He can’t get the permits until the town approves an easement. In May, an administrative law judge in Tallahassee upheld the latest SFWMD rejection.
     “I know you have helped to stop Swaim’s access to easement recently and thank you for your efforts to keep him out,” Ganley wrote Pugh and the commission. “I hope the city has the ability to keep the easement away from Swaim and not allow any access to this property for development.”
     In other business:
    • Police Chief Hal Hutchins says the town was prepared to go forward with plans to close off the entrance to Midlane Road at Woolbright Road during the first week of December. Signs marking the intersection for “local access only” have been up for weeks to prepare residents.  “It won’t take long for me to hear what people think,” Hutchins said of the closure.
     • Qualifying for the March 15 municipal election opened Nov. 24 and runs until Dec. 8. Vice Mayor Lynn Allison is the only commissioner up for reelection.

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