The historic Magnuson house has been vacant for decades. Jerry Lower/The Coastal Star

By Jane Smith

The historic Oscar Magnuson house at 211 E. Ocean Ave. can stay at its current location while Boynton Beach builds its Town Square project on 16 acres to the west.

The city’s Community Redevelopment Agency, composed of the city commissioners, agreed at its January meeting that there was no rush to do anything with the two-story building, which sits on .3 of an acre.

“With Town Square being developed, let it stay where it is,” said board member Mack McCray.

“There’s a lot of history in the old houses,” said board member Aimee Kelley. “With Town Square coming up, maybe a family will want to restore it.”

The fate of the 100-year-old home was discussed at the CRA’s November meeting. The agency had bought back the building in August.

The CRA had sold the house for $255,000 in September 2016 to a Philadelphia-based developer with the promise that it would hold a restaurant. But that didn’t happen, which allowed the CRA to exercise the reverter clause in the sales contract.

The roughly 1,500-square-foot house is listed among the city’s historic properties. The CRA had paid $850,000 in 2007 for the house, built about 1919 by Swedish immigrant and farmer Oscar Sten Magnuson. His wife, Eunice Benson Magnuson, was one of the first town clerks.

“We’re at a crossroads of what to do with the property,”  Michael Simon, CRA executive director, told the city’s Historic Resource Preservation Board in late November.

Potential solutions were discussed, including uses that would not require the building to be made wheelchair accessible.

“Why not an art or music studio?” said Barbara Ready, board chairwoman.

The board members ranked their options as: Keep Magnuson where it is and find another use for it, move it to another section of the city and, last, demolish it.

The private developer of Town Square, E2L Real Estate Solutions, had said it might be interested in parking construction vehicles on the Magnuson house land. But the developer has not presented a contract, detailing the number of vehicles and the length of time, Simon said.

Town Square will create a downtown for Boynton Beach with a renovated historic high school, a new city hall/library building, fire station, amphitheater, playground and parking garages. The private development includes a hotel, apartments and retail and office space.

CRA board member Justin Katz does not want the city or the agency to put more money into the Magnuson house.

“I agree with McCray that the house can rest there,” Katz said at the January meeting. “But what can we do as a CRA board?”

Ready said, “I am pleased. Let’s let the dust settle on Town Square before we do anything more.”  

Some of Tyler Levitetz’s creations border on crazy (above), but traditional chocolate hearts will be available for Valentine’s Day

Photos by  Tim Stepien/The Coastal Star

By Rich Pollack

Tyler Levitetz says he has no idea what Valentine’s Day will bring to his 5150 Chocolate Co.

In fact, he doesn’t even know what classic or unique selections will be available in his new craft chocolate factory’s retail shop — and he probably won’t know until a few days ahead of time.

“What we do know is that what we’re going to have this Valentine’s Day is going to be different than what we’ll have next Valentine’s Day,” he says with certainty.

If opening day in September and the days before Christmas are any indication, chances are it will be crazy busy, and that’s perfect for Levitetz, who runs a business with an off-the-wall approach unlike any other chocolate factory.

“Everyone who knew I wanted to do this said I was literally out of my mind,” says Levitetz, who grew up in Gulf Stream. At 29, he still skateboards to the multimillion-dollar chocolate factory that took five years of planning before opening at 1010 N. Federal Highway in Delray Beach.

He even chose to put 5150 — slang for crazy person on the loose, derived from California police code — into the name of his company. If that doesn’t say a little something about who he is, perhaps the werewolf in front of the shop will offer confirmation.

Levitetz proudly describes his product as “crazy good chocolate.” But don’t be fooled by his whimsy. Behind it is a skilled entrepreneur with a passion for chocolate and a knowledge, likely unmatched in South Florida and perhaps even in the state, of how it is made.

What separates Levitetz and 5150 Chocolate Co. from many other large-scale chocolate businesses is the process of making chocolate and creating everything from candy bars with names like Fried Watermelon Seed and Sticky Bun to pistachio-flavored bonbons and Batman lollipops. 

While it’s common for chocolatiers to make confections from pre-made chocolate that is melted down then transformed into shapes sold to customers, the 5150 Chocolate Co. begins with cacao beans imported from farms throughout the world and transforms them into chocolate.

Prior to opening the business, Levitetz traveled from country to country visiting farms and getting to know the cacao growers and developing relationships with them.

He’s on good enough terms with them that when he received a shipment of beans that weren’t up to his standards, he was able to return them to the grower and get a much better replacement.

A large portion of the beans used in chocolate made by 5150 are certified organic and all the beans, Levitetz said, come from farms that don’t use pesticides.

The dark chocolate, he says, is made with just two ingredients — sugar and cacao — before flavoring is added. In many cases, the flavors are designed to complement the distinctiveness of the bean that reflects the country of origin.

Levitetz’s evolution from a skateboarder riding recklessly on whatever high ground he could find near State Road A1A in Ocean Ridge or Briny Breezes, began after he headed to California, where he worked in restaurants as a line cook, and later in Chicago, where he studied to be a pastry chef.

He was smitten while in the section of the program that dealt with chocolate.

“That’s when I knew it was what I always wanted to do,” Levitetz said.

From there he moved to Fort Myers, where he worked for two years with chocolatier Norman Love, getting what some might call a master’s degree in chocolate.

Along the way, Levitetz would go home after work or school and work with chocolate in his apartment.

“I was constantly experimenting with miniature sculptures,” he said.

For Levitetz, making chocolate from the bean is an opportunity to ensure the quality of his sweet treats.

“We’re controlling every step of the way so there’s no compromising,” he said.

Fashioning chocolate — into everything from giant sculptures of the Grinch to colored white chocolate Legos and dark chocolate replicas of Han Solo’s Millennium Falcon — gives Levitetz a chance to express his creativity.

“As soon as people come in, they’re surprised by what can be done with chocolate — that it can be used as an artistic medium,” says manager Tara Floyd. “It definitely catches people off guard.”

While chocolate is the main attraction, the 5150 Chocolate Co. also serves gelato and specialty coffees. Those made with fresh chocolate, of course, are particularly good.

The future for the company includes opening of more retail shops — one just opened in Miami — and perhaps factory tours.

As of late last month, however, what will be available to shoppers on Valentine’s Day was still up the air — or perhaps just a well-guarded secret.

Still, visitors shouldn’t be surprised to see a lot of hearts made with unusual twists and some specialty bonbons.

“We’ll be prepared,” Levitetz said. 

The Playa Vista Isle estate on the Hillsboro Mile sold for $42.5 million at auction, $15 million more than the previous high for a home in Broward County. Photo provided

By Christine Davis

Developer Robert Pereira’s Playa Vista Isle at 935 and 939 Hillsboro Mile in Hillsboro Beach, previously listed for sale for $159 million, went to auction with 11 bidders in November, and Oppornova LLC bought it for $42.5 million. The Delaware company’s LLC appears on corporate records linked to Teavana co-founder Andrew Mack.

Concierge Auctions and Ralph Arias of One Sotheby’s International Realty managed the listing and auction process of the 60,000-square-foot mansion. Sotheby’s managers said the deal is the most expensive residential sale to close in Broward County. The second priciest is the $27.5 million sale of 5 Harborage Drive, Fort Lauderdale, in 2015.

Just down the street at 951 Hillsboro Mile, Kevin Van Middlesworth, president and CEO of Platinum Group Security, paid $6.05 million in December for the furnished waterfront home. William M. Bell III, a trustee of a land trust agreement dated Dec. 28, 1989, is the seller.

Van Middlesworth founded Platinum Group Security in 1996. The company, based in Deerfield Beach, provides security assessments, tech security installations, property concierge services and security personnel services, according to its website.

David Willens, founder and chairman of Sage Dental, listed his home at 3715 S. Ocean Blvd., Highland Beach, for $27.5 million with Steven Solomon, an agent with Douglas Elliman Real Estate. Sited on a half-acre on the ocean, the 14,808-square-foot home comprises seven bedrooms, seven bathrooms and two half-baths. Features include a living green wall in the foyer with 1,800 plants, Italian imported basalt lava stone facing on some of the interior walls, its own cell tower, and a $1 million Bang & Olufsen audio system. For information, call 289-3609.

January property records show that Morris Flancbaum and his wife, Susan Rizzuto, paid $16.5 million for a waterfront six-bedroom, 10,538-square-foot mansion at 250 NE Fifth Ave., Boca Raton. The seller was Joseph H. Perez.

Flancbaum is president of Colts Neck Associates, a custom homebuilder based in Colts Neck, N.J.

The two-story Boca Raton home, built in 1962, sits on a 1.6-acre lot and last sold in 2012 for $9.75 million. The current listing agent, Jonathan Postma of Coldwell Banker, said the buyer eventually plans to redevelop the property. 

Postma, who brokered both sides of the deal, said it marks one of the highest residential sales in Boca Raton and is the third property he’s sold for more than $10 million on that street during the past year.

John Ferber and his wife, Jenna, sold their 3,388-square-foot waterfront house at 6009 Old Ocean Blvd., Ocean Ridge, for $5.6 million in January, public records show.

Eugene Tenenbaum, who owns the property next door, bought the four-bedroom, four-bathroom home. The Ferbers had paid $5.5 million for the property in 2015. Ferber co-founded advertising.com in the mid-1990s and sold it to AOL in 2004 for $435 million, according to media reports.

National Realty Investment Advisors launched sales in December for Ocean Delray, its 19-unit condo development that will replace the Wright by the Sea hotel at 1901 S. Ocean Blvd. in Delray Beach. NRIA purchased the property for $25 million in October.

The project is being co-developed with U.S. Construction. Residences at Ocean Delray will begin in the high $4 million price range, according to a news release. IMI Worldwide Properties will handle sales for Ocean Delray.

The hotel will be demolished and construction will begin in the first quarter of 2019, with a completion date slated for late 2020. South Florida architect Randall Stofft is designing the three-story building. The residences will range from 3,300 square feet to more than 4,600 square feet.

Linton Industrial Center LLC, managed by David Kahn of Brooklyn, N.Y., paid $9 million for the Linton Center, a 66,000-square-foot property at 1220 and 1240 Tangelo Terrace in Delray Beach. The deal was recorded Dec. 20. Deerfield Beach-based Beaver Properties Inc. was the seller, according to a Cushman & Wakefield release announcing the sale. Cushman’s Greg Miller, Dominic Montazemi, Scott O’Donnell and Miguel Alcivar represented the seller.

A $5 million acquisition loan was provided by Accordia Life & Annuity Company. Cushman’s Jason Hochman advised the buyer on the loan deal. Linton Center was 95.8 percent leased at the time of sale, with 32 tenants in a mix of industries.

Rosebud 307 LLC, an affiliate of Menin Development, paid $5.5 million for a 4,112-square-foot building at 307 E. Atlantic Ave., Delray Beach. The deal was recorded on Dec. 27. The seller was Nitlow Inc., managed by Bob Woltin, who owns Luigi’s Tuscan Grill in Fort Lauderdale. Woltin bought the property for $1.6 million in 2014, property records show. Axiom Capital Advisors’ principal, Roberto Susi, represented the buyer and Danica Blazanovic of Biz Realty, Inc. represented the seller.

Group P6’s nine-story, 24-unit condo project at 327 Royal Palm, Boca Raton, celebrated its grand opening in December. Since sales launched in January 2015, 70 percent of the residences have been sold. Units range from 3,177 to 3,461 square feet, and prices start at $1.699 million.

Posh Properties, founded by Jerilyn Walter in 2012, opened a new office at 5112 N. Ocean Blvd., Ocean Ridge, in November. Walter, previously an agent with Prudential Realty for 10 years, founded her firm because she wanted to take a more personal approach to help her clients find homes.

“The Ocean Ridge location was important to me because quite a few Posh agents live in the area and I knew Posh could continue to build long-lasting relationships by assisting customers in finding their homes, their Florida lifestyles and more importantly, becoming part of their community,” Walter said. 

“Because our Realtors are local residents, we easily introduce our customers to restaurants, vendors, charities and events. Posh agents believe in being around long after the transaction closes.”

Ocean Ridge office agents include Jim Wrona, Greg Lekanides, Jami Lyn Cauvin, Emily Gurvitch, Beverly Mandell, and Steve and Lori Martel. Posh Properties also has offices in Delray Beach and Boynton Beach. For more information, call 450-6755.

Mauricio Umansky’s Beverly Hills-based brokerage, the Agency, opened its doors at 20 SE Third St. in Boca Raton in early December as part of its expansion plan for South Florida. Chris Franciosa and Jared Ringel are leading the expansion. Howard Elfman is the managing broker of the Boca Raton location. The two-story, 6,700-square-foot office will include the Agency Development Group and the Agency Creates, its creative division.

The Boca Real Estate Investment Club, founded by David Dweck, celebrates 25 years of service to the real estate investment community on Feb. 19. The celebration from 5:30 to 10 p.m. will feature networking opportunities, a three-course meal, entertainment by comedian Craig Shoemaker, and talks by Robert Shemin and Frank McKinney.

The event will benefit Boca Helping Hands, Caring House Project Foundation, and Heroes to Heroes. It will be held at the Addison, 2 E. Camino Real, Boca Raton. Pre-registration starts at $129. For information, call 391-7325 or visit www.BocaRealEstateClub.com.

Thanks to votes by newlyweds and for the third consecutive year, the Lake Worth Casino Ballroom was awarded the WeddingWire Couples’ Choice Award for quality, service, responsiveness and professionalism. WeddingWire.com is a wedding planning website.

Delray Affair is a winner in the seventh annual America’s Best Art Fair Awards competition. It ranked No. 13 in the “Top 50 Best Art Fairs” in the United States, according to the survey. Produced by the Delray Beach Chamber of Commerce, the event takes place in downtown Delray Beach. The Chamber will celebrate its 57th year of Delray Affair from April 12-14.

The America’s Best Art Fairs Awards are based on online voting by patrons, collectors, organizers and artists both regionally and nationally. 

Send business news to Christine Davis at cdavis9797@gmail.com.

ABOVE: The beachside (left) and west facades of the proposed duplex. The developer says the glass is a turtle-friendly design. 

By Steve Plunkett

After hearing more than four hours of competing testimony about a proposed duplex on the beach, the city’s Environmental Advisory Board spent little time reaching a decision.

“Environmentally the Coastal [Construction] Control Line is there for a reason, and it was put there for a good reason,” board Chairman Stephen Alley said just before the panel voted 4-0 to recommend that the City Council deny the project a zoning variance.

Boca Raton city staff had urged the board not to approve building the duplex at 2600 N. Ocean Blvd., east of the coastal line that runs along the west side of State Road A1A at the property. Plans call for the structure to be four stories, approximately 49 feet tall, with 14,270 square feet of habitable space.

“The proposed duplex would have substantial negative environmental impacts, including negative impacts on endangered sea turtles and destruction of native vegetation, dune ecosystem and critical habitat,” said Brandon Schaad, Boca Raton’s director of development services.

Those in the overflow crowd Jan. 10 at City Hall made their own recommendations.

“If you take [the dune] away, it will be so heartbreaking. Really it’s heartbreaking,” said Tricia Krefetz, calling the duplex a “monstrosity” and breaking into tears while at the podium.

Another speaker directed her comments toward the property owner.

“When you bought your property, you knew what the rules were.  … You’re asking to change the rules,” said Lillian Vineberg, whose family developed the Ocean Club condominium tower at 2401 N. Ocean, across A1A.

“Hopefully the developer will see that the best, highest use of this land is to donate it [to the city] to reap a healthy tax deduction,” seasonal visitor Mike Lee said.

Robert Sweetapple, attorney for the developer, dismissed Schaad’s analysis as being based on “junk science” and brought a gaggle of experts to rebut it. Boca Raton has a clear choice, he said: Either approve the duplex plan or buy the parcel for its recently appraised value of $7.1 million.

“The CCCL was passed after this property was made a buildable site and after taxes had been paid year after year after year,” Sweetapple said. “We’re not taking your beach and your property. The city’s messing with us and trying to take ours.”

The environmental board’s review was the next-to-the-last step for 2600 N Ocean LLC, which has a contract to purchase the property from New Jersey-based Grand Bank NA. The City Council will consider the request in February.

Council members caused a popular uproar in late 2015 when they gave a zoning variance for a four-story beachfront home two parcels south, at 2500 N. Ocean Blvd. That project has not yet come before the EAB.

The city staff’s recommendation against 2600 N. Ocean was based in large part on a coastal engineering and environmental review by consultant Mike Jenkins of Applied Technology & Management Inc. Jenkins in turn relied heavily on the city’s marine conservationist, Kirt Rusenko.

The property for the duplex (between red lines and west of the yellow beach line) lies in one of the heaviest turtle nesting areas of Boca Raton. Renderings provided by the City of Boca Raton

Rusenko’s report on the property showed that from 2008 to 2017 green sea turtles made three nests, loggerheads two nests and leatherbacks one nest, all on the beach in front of the dune system. They made a collective 17 “false crawls,” coming up on the sand but not digging a nest, 12 of them in the foredune closest to the water.

“The glass surfaces of the proposed structure would certainly reflect light possibly enough to deter nesting turtles and disorient their hatchlings,” wrote Rusenko, who did not attend the advisory board meeting.

But Tom Tomasello, onetime general counsel for the state’s Department of Natural Resources and an expert witness for the developer, said the proposal fully complies with Florida law and rules regarding dunes, lighting and sea turtles.

“The idea is to minimize the impact, and we’ve minimized the impact to the dune system as much as we possibly can,” said Tomasello, who also represented Boca Raton when the city obtained state approval to trim sea grapes on A1A. “There is no criteria in any state rule or law that deals with reflection. It has never been an issue.”

John Fletemeyer, who supervised sea turtle conservation in Delray Beach for 31 years, presented a study that showed turtles nested less frequently behind undeveloped Atlantic Dunes Park on A1A than behind the condos north and south.

“I don’t have a reason for this, but it certainly is the case,” Fletemeyer said. “You would expect … that Atlantic Dunes Park, being least developed, would have the highest nesting densities. In fact, just the opposite is true.”

Each side of the duplex proposed by partners Richard Caster and Brian Grossberg would have a roof level with a pool, spa, fire pit and outdoor kitchen. Sweetwater said the “cutting edge” building would have special glass facing the ocean that would transmit only 10 percent of interior light, below the city’s request for 15 percent, and have only 8 percent reflectivity.

“And all the glass has been recessed. So this is the most turtle-friendly building that has ever been presented in this county,” Sweetapple said. “This building will actually reduce sky glow, which is the main concern with regard to nesting turtles.”

Before the vote, advisory board vice chairman Ben Kolstad said the panel would not offer advice on property rights.

“I respect property rights; I have property rights; I intend to enforce them as rigorously as I can on my own property. And I don’t fault the petitioner for doing the same,” Kolstad said. “I do think there’s a pressing public interest here that is being perhaps ignored by the petitioner.” 

Highland Beach is asking voters to OK up to $45 million in work apart from a state project. Tim Stepien/The Coastal Star

Related story: Local, state partnerships to guide A1A in years to come

Looming referendum reveals divide within Highland Beach

By Rich Pollack

Highland Beach is a town divided.

With voters facing a March 12 referendum to greenlight up to $45 million in debt for State Road A1A improvements, battle lines are clearly drawn — and both sides are waging war via email blasts.

On one side are people who say it is time to stop kicking the can down the road and address issues talked about for years: solving drainage and stormwater problems, installing underground utilities and making improvements to the town’s 3-mile walking path on the west side of A1A.

“The question to voters is ‘Are you willing to take on debt to solve problems that have been voiced time and time again?’” said recently appointed Town Commissioner Barry Donaldson, who has long advocated for the improvements.

On the other side is a vocal group of residents who formed the Coalition to Save Highland Beach. They say the price tag for the improvements is too high and could create financial problems for the town.

They also argue it is unnecessary to spend local taxpayer dollars on several improvements that can be addressed by the Florida Department of Transportation when it is likely to repave A1A in three to five years.

“People aren’t unhappy here, people still want to live here, and people still want to buy homes here, so why not try what’s free before you start tearing everything apart?” asks John Ross, one of the founders of the coalition, which he says has more than 430 supporters. 

Ross has found allies in some members of the town’s Financial Advisory Board — who fear the projects would create too much debt for the town and see putting the issue on the ballot now as premature.

“It feels a little like it’s ready, fire, aim,” board Chairman Greg Babij said. “Unfortunately, the Town Commission doesn’t have the luxury of time.”

FDOT’s plan to repave A1A in three to five years is driving Highland Beach’s timeline, since much of the work town leaders would like to see can be done in conjunction with the state “3R” project. As FDOT resurfaces, rehabilitates and restores the road, the town hopes it can piggyback onto the project and make improvements.

To have a say in what work it would like to see done in conjunction with the 3R project, the town is required to make a financial commitment prior to the middle of March. That deadline, FDOT officials say, is firm.

When voters go to the polls March 12, they will be asked to vote on three questions: authorizing the town to issue bonds of up to $16.55 million for stormwater improvements, $11.25 million for improvements to the multiuse Ocean Walk corridor, and $17.2 million to bury utility lines.

Were the town to finance the project for 30 years, the owner of property with a taxable value of $500,000 would pay approximately $576 a year, or about $48 a month for improvements, according to town projections. Over 30 years, that taxpayer would pay about $17,280 for the project, assuming the taxable value and interest rate remained the same. 

If the project were financed over 20 years, the owner of property with a taxable value of $500,000 would pay $713.04 a year or $59.42 a month, according to the town. Over 20 years, the property owner would pay $14,260, assuming the taxable value and interest rate remain the same.

Were the homeowner to sell the property, the new owner would be responsible for paying the remaining debt through annual taxes.

“Is this affordable by the vast majority of people in Highland Beach?” Donaldson asks. “Absolutely.”

Town Manager Marshall Labadie points out that the $45 million figure — and the estimated cost to taxpayers — is the “not to exceed” number and does not include any funding for the project from grants or from other agencies, including FDOT.

Although what will happen if the funding is approved for underground utilities and drainage improvements is well defined, specifics surrounding the Ocean Walk project are still up in the air.

Questions about the finer points, says resident Mark Hamister — a supporter of the projects — may be distracting voters from the bigger picture.

“I’d rather not focus on every little detail and instead focus on the broader issues, which are the safety of roadways, the hardening of our electrical grid and — if residents want it — an improved walkway system.”

During a public workshop early last month, Kim DeLaney, the director of strategic development and policy for the Treasure Coast Regional Planning Council — which serves as Highland Beach’s consultant on the project — presented three possible scenarios for the corridor.

Those options range from having just an 8-foot-wide concrete sidewalk to having a 10-foot-wide, multiuse, decorative concrete pathway with embedded lighting, improvements to the town’s entranceway features, small pocket parks and a 7-foot-wide bike lane on each side of the road.

DeLaney said she and her team are continuing to work with town staff to refine the plan for the Ocean Walk corridor and will present revisions to residents during a final design public workshop March 6.

She said there will also be an update on what grants and funding from other outside sources might be available.

Donaldson said if the voters approve the improvements to the A1A corridor, the town’s planning board will review the plans and make suggestions to commissioners on possible refinements.

Should voters reject all three proposals, FDOT will still go forward with its A1A resurfacing and would likely install 4- to 5-foot-wide bike lanes at its expense, DeLaney said.

In addition, there is a strong possibility FDOT will allow the installation of some form of lighted crosswalks, but at town expense. Labadie is working with the department on possible interim crosswalk improvements.

He said FDOT will likely also  make swale improvements as part of he 3R project. But those improvements, according to a 2016 FDOT report, are not a long-term solution.

While Donaldson has expressed strong support for the improvements, both candidates running for the only open commission seat say they are opposed to the plan.

“I believe the town needs to address rainwater absorption issues and road crossing safety — just not in the way the referendum suggests,” said Evalyn David, who is running against incumbent Elyse Riesa for a three-year term. “I believe in responsible government spending.”

Riesa, who agreed to put the referendum before voters, said she decided to speak against it after doing extensive research.

“The enormous disruption for years, possible overruns and unrealistic costs to our residents over 30 years made the referendum a no vote for me,” Riesa said. “Do I still want to beautify and make important improvements to flooding and our walkway? Absolutely, but at a cost most residents can afford and feel great about.”

As Ross and the coalition continue to send out daily dispatches and town officials respond with email-blasted questions and answers, residents who still have questions can go to the town’s website, which has the referendum ballot language posted as well as presentations and much more.

“It’s important for people to know the facts so they can vote intelligently,” Mayor Rhoda Zelniker said.  

ROC Urban, on Northwest First Avenue off Spanish River, holds monthly Art Walks to lure buyers. Jim Rassol/The Coastal Star

By Mary Hladky

Miami has Wynwood. Fort Lauderdale boasts FAT Village.

While those arts districts are flourishing and infusing their cities with dynamism and creativity, Boca Raton could claim nothing similar — until now.

ROC Urban is coming into its own and crackling with energy.

The two double rows of warehouse buildings, tucked within a warehouse district on both sides of Northwest First Avenue just north of Spanish River Boulevard and west of Dixie Highway, have become home to creative entrepreneurs.

While traditional warehouse tenants, such as a roofing company, are still there, they are gradually giving way to a co-working space, craft brewery, artists, a jewelry designer, a custom furniture designer and others.

“I saw there is something great going on in Wynwood and FAT Village,” said Amber Tollefson, co-founder of the Flamingo House collaborative work space. “There wasn’t anything in our backyard. We saw an opportunity.”

So did Mark Spillane, who bought the 1970s flex warehouse buildings four years ago. He renovated them, using reclaimed wood on interior walls, metal and LED lighting to create an urban look.

“In came the young crowd,” he said. “They found me in droves quickly.”

Among his first new tenants were Tollefson and Flamingo House co-founder Nichole Thomson, who rent their space to an eclectic group of their own tenants. Word spread. More creatives were drawn to the warehouse bays.

That is just what Spillane, whose Eire Cos. owns about 20 buildings from Lake Worth to Fort Lauderdale, hoped for.

“There is a substantial art community” in Boca Raton, he said. “A lot of fabulous stuff is going on. We’ve decided to go with that. We are supportive. It is a fun environment.”

It has also been good for his business and he wants to do other similar redevelopments.

“I call it the new real estate,” Spillane said. “Young people are re-creating real estate.”

Spillane and ROC Urban tenants give a lot of credit for the warehouse transformation to Tollefson, who is brimming with thoughts on how to enhance ROC Urban.

“Flamingo House has been a leader for us,” Spillane said. “They have done a great job with ideas.”

One of them was to create the monthly Art Walk ROC Urban during the winter season.

At the Dec. 21 Art Walk, singer and guitarist Josh René played before an attentive audience. Servers at Prosperity Brewers handed out glasses of craft beer. The scent of barbecue wafted in the air.

The event, hosted by Flamingo House, allows ROC Urban tenants to display and sell their paintings, jewelry and other works. Other creatives who work or display elsewhere are welcome, and all see the Art Walk as a way to get the word out and build their customer base.

It’s also an opportunity to network and grow the creative community in the city.

Visitors could see art and other offerings along both sides of the alley that runs between two rows of warehouses.

The art of Omar Sader of Pompano Beach is on display during the December Art Walk. The next Art Walk is set for 6-9 p.m. Feb. 15.

Ellie Vail, who moved into ROC Urban three years ago, displayed the jewelry she designs there.

“There is nowhere else I would like to be,” she said. “There are no other spaces like this in Boca.”

A former personal stylist at Saks Fifth Avenue on Worth Avenue in Palm Beach, Vail had clients such as Céline Dion, Ethel Kennedy and Patti Scialfa, Bruce Springsteen’s wife.

Wanting to try something new, Vail took a jewelry class after work. Soon she was designing  jewelry and offering it on the e-commerce site Etsy. And customers were buying.

She had a new calling, but needed an affordable place to work. ROC Urban fit the bill.

Her business is taking off. Her jewelry is now sold in about 250 boutiques and small department stores in the U.S., Australia and Singapore, she said. A big break came last year when Nordstrom began selling her creations.

“I hope to grow bigger, but I am definitely happy with where I am at,” she said.

Christina Wexler’s Bay38 workshop and showroom were open during Art Walk, allowing visitors to see some of her custom furniture. She repurposes old pieces, such as transforming a 1920s Victrola into a bar, and a nine-drawer dresser into a settee and storage area that can serve as a reading nook.

For Art Walk, she also offered gift items to those who needed to finish their holiday shopping. They included holiday napkins and ornaments, fair trade purses, woven clutch bags and trinket trays.

Wexler, who moved into ROC Urban in June, learned about the affordable warehouses from her friends Tollefson and Thomson.

“I constantly get calls from other artists saying, ‘Do they have space?’” she said. “It is definitely becoming a creative hub for people like me.”

Customers check out clothing and other items for sale at ROC Urban during Art Walk, held the third Friday of each month.

Nearby, Melissa Staskowski, the style curator of All Things Vintage, took advantage of Art Walk to set up a pop-up and sell vintage clothing.

Without that pop-up, people would be able to see what she is selling only by looking on Instagram and Etsy.

“We think this is the future,” she said. “It is a great addition to online.”

Dave Spindell became a Flamingo House tenant two weeks before Art Walk. Customers can text photos of their pets to him, and he superimposes the images on magnets.

His company, Magnetic Pet Pictures, is the most recent of his entrepreneurial ventures, Spindell said.

“I retired and wanted to do something fun,” he said.

Patrons fill Prosperity Brewers at ROC Urban, a warehouse district in Boca Raton. The craft brewery opened in March. City Councilwoman Andrea O’Rourke calls the arts district  ‘an aspect we haven’t had in our community before.’ Photos by Jim Rassol/The Coastal Star

Prosperity Brewers, co-founded by Ken Gross and Dominick Peri, was jammed with customers on the night of Art Walk. They were greeted by Gross’ bulldog, Tank, his company’s mascot, who mingled with the crowd.

“It was a passion play,” Gross said of his decision to leave the software business and open a brewery. “I love craft beer. I love the process.”

He knew he wanted to be in eastern Boca Raton and in a warehouse area to avoid high rents. ROC Urban was what he was looking for.

“We were excited about the opportunity of ROC Urban being a mini-Wynwood,” he said.

It wasn’t when he opened in March, but that has changed rapidly, he said.

“With [Flamingo House] and us being here, we think we have helped create that vibe,” he said.

Finding customers has not been a problem even though many people may not know ROC Urban exists, he said.

“In the brewery business, the tasting room is a destination,” he said. “People will find you.”

He is building his customer base through social media, and by holding nightly events such as pint and slice on Mondays and trivia on Tuesdays. He plans to add monthly events tied to things such as the Super Bowl and Tank’s birthday.

The business is growing rapidly. Prosperity’s craft beer is now sold in about 25 Palm Beach and Broward county restaurants, and Gross hopes to be in 150 restaurants by the end of this year.

Tollefson, a former ESPN editor and Fox Sports senior promotions producer and editor, was working out of a home office after leaving those jobs. But the distractions of working at home propelled her to seek out a better arrangement.

Co-working intrigued her. She and Thomson wanted to create a collaborative space with a “creative vibe, a very work-life balance vibe. We wanted it to be industrial, near a brewery, a bit gritty, industrial chic.”

Her tenants can rent a virtual office with a mailing address, or workspaces by the day, Monday through Friday or 24/7. They can share space with others or have a closed-door office and can have access to a conference room and studio.

Her tenants include attorneys who cater to the tech community, an interior designer, an executive coach, artists and Web developers.

Flamingo House is nearly full, but there’s room for a few more tenants.

“We are seeking other flamingos to flock this way,” Tollefson said.

Boca Raton City Council member Andrea O’Rourke, a proponent of the arts, has watched as ROC Urban developed.

“I am super excited about it,” she said. “It is an aspect we haven’t had in our community before. In response to people who say there is nothing to do in Boca, we do: We have this great, emerging warehouse district.” 

By Mary Hladky

The nearly five-year battle over a downtown luxury condominium is finally over.

The last hurdle was cleared Jan. 14 when Boca Raton City Council members voted 4-1 to approve the construction of 384-unit Alina Residences Boca Raton in two phases — a decision that clears the way for developer El-Ad National Properties to break ground.

Alina Residences, formerly known as Mizner 200, is one of the most contentious projects in the city’s history, drawing early complaints from downtown residents that its original plan was too massive and a symbol of overdevelopment.

Originally proposed as 500 condos in four towers rising as high as 30 stories, the nearly 9-acre project on Southeast Mizner Boulevard has gone through five major redesigns in an effort to win over opponents before ending up as three, nine-story buildings.

The final redesign won City Council approval in 2017, but El-Ad returned to the city early in 2018 asking that it be allowed to build the condo in two phases.

That request tore open old wounds suffered by residents of the nearby Townsend Place condo, the BocaBeautiful advocacy group and major downtown landowner Investments Limited, which thought they had reached a solid compromise with El-Ad in 2017 only to find out the developer wanted to change plans again.

Townsend Place residents objected to phasing because they would have to endure construction over a longer period. They also worried that the second phase might never be built if market conditions change, leaving them with half of the run-down Mizner on the Green townhouses on the site and uncertainty over what would be built if El-Ad sold the property.

Investments Limited feared that El-Ad might seek to change the design of the second phase in a way that would block eastward views from its Royal Palm Place across the street, which the landowner wants to redevelop. After another round of negotiations, the opponents got some of what they wanted.

Townsend Place residents dropped their objections to phasing, but got a guarantee that  El-Ad would enhance landscaping in the southern portion of a pedestrian promenade fronting Alina Residences on Southeast Mizner Boulevard right away, rather than when construction begins on the second phase.

El-Ad also agreed to enhance landscaping between Townsend Place and Alina Residences.

Investments Limited was assured that Alina’s design cannot be changed when the second phase is built so eastward view corridors are maintained.

But City Council members, sitting as Community Redevelopment Agency commissioners, torpedoed additional requests from El-Ad.

Second phase construction must begin within 24 months after a certificate of occupancy is issued for the first phase, rather than the 40 months El-Ad wanted.

El-Ad also must provide a letter of credit or cash bond for the value of landscaping improvements so the city will have money to complete the improvements if El-Ad fails to do so.

Townsend Place residents, BocaBeautiful and Investments Limited told council members that they are satisfied.

“We have worked hard to ensure an outcome that preserves the integrity of the approval process and that is acceptable to all,” said Norman Waxman, a Townsend Place resident who is vice president of BocaBeautiful. “It was worth the effort.”

Robert Eisen, of Investments Limited, urged council members to approve the project. Describing Alina Residences’ architecture as “absolutely exquisite,” he asked El-Ad to complete the second phase quickly.

CRA Chair Andrea O’Rourke cast the sole vote against El-Ad’s phasing request, saying the City Council had approved building Alina Residences in its entirety in 2017 and El-Ad has not given firm assurances that the second phase will be built.

“We spent years with this project and it still keeps coming back to us,” she said.

“I am very disappointed in the process at this point.”

But council member Jeremy Rodgers was upbeat, saying objectors and El-Ad had successfully negotiated a compromise. “I see this as a really good win,” he said.

Mayor Scott Singer said the final deal is a “great compromise,” but chided El-Ad for fighting with city staff on numerous issues and not providing staff and council members with information in a timely manner. 

By Steve Plunkett

The discovery of rotten wood supports for the boardwalk at Gumbo Limbo Nature Center will add 46 days to the work schedule.

The boardwalk and the center’s rebuilt observation tower are now expected to be finished June 2 instead of April 17. Removing and replacing 400 feet of deteriorated stringers and installing stainless steel mounting hardware will add $8,400 to the $1.1 million project.

The bulk of the additional construction time comes from the days in between when the wood rot was discovered, in mid-December, and when the architect could revise the plans and price out the repair.

“The reason they could not go forward with that was because this is the base of the boardwalk,” Melissa Dawson, facilities manager for the Greater Boca Raton Beach and Park District, told district commissioners Jan. 22.

That same day, the nature center announced that most of the boardwalk is closed “until further notice.”

“Users will not be able to walk from the Nature Center to Red Reef West; please use the sidewalk along A1A,” the announcement said. Updates when available will be posted at gumbolimbo.org.

February marks the fourth anniversary of the closure of the popular observation tower and boardwalk. Engineers in 2015 warned that the structures were near collapse and they were immediately put off-limits.

The first phase of the boardwalk was finished in December 2016 and cost roughly $631,000. Work to rebuild the 40-foot tower and the south loop of the boardwalk began in September. Fort Pierce-based Custom Marine Construction Inc. has the $1.1 million contract.

Boca Raton owns Red Reef Park, which includes the nature center; the Beach and Park District reimbursed the city for the price of the land and pays for all operations and capital improvements there.

In other business:

• District commissioners decided to pay former Assistant Director Briann Harms $105,000 a year to serve as interim full-time executive director while they hunt for a permanent hire.

• Susan Vogelgesang was chosen to chair the commission in 2019, replacing Robert Rollins. Erin Wright became vice chairman; Craig Ehrnst kept his title as secretary-treasurer. 

The state has no plans for major work on A1A in South County beyond Highland Beach, but says bike lanes and improved crosswalks are possible in spots. Tim Stepien/The Coastal Star

Related Stories: Battle for votes on A1A heats up in Highland Beach | Pedestrian on A1A roadside hit, killed

What a drive! Watch video of a rainy day trip down A1A

By Rich Pollack 

It is a main street unlike any other in South Florida, connecting coastal communities and serving as a major thoroughfare for people wanting a leisurely drive, a pleasant walk or a beachside bicycle ride. 

For more than 90 years, State Road A1A has served as a peaceful pathway stretching almost 340 miles along the Florida coastline from Key West to just south of the Georgia line. 

During much of that time, A1A has seen little significant change, especially through the coastal portions of Palm Beach County. It has always been a two-lane highway, traffic has always moved mostly at about 35 miles per hour or slower, and it has always been popular with pedestrians, bicyclists and motoring tourists.

That’s not likely to change — at least not in the next 10 years — according to at least one local leader at the Florida Department of Transportation, which is responsible for maintaining A1A and has ownership and oversight of the road and swaths of land 50 feet from the center line on either side of the pavement.

A1A in Palm Beach County “will probably look exceedingly similar to what it looks like today,” says Stacy Miller, director of transportation development for FDOT District 4, which includes Broward, Palm Beach, Martin, St. Lucie and Indian River counties.

That’s not to say there won’t be an emphasis on safety improvements — maybe bike paths where there are none, improved sidewalks or perhaps lighted crosswalks — and efforts to alleviate drainage problems or slow down traffic. 

That would be good news to safety advocates such as Delray Beach’s Jim Smith, chairman of SAFE.

“Ten years from now, SAFE would like to see an A1A with no bicyclists riding in the travel lanes, no drivers speeding, no pedestrians jaywalking, no bicyclists forced to ride in a 1-foot to 4-foot paved shoulder on account of substandard bike lanes, and complete sidewalks on both sides of the road where there is sufficient right of way,” Smith said. “Of course, SAFE’s biggest hope is that the vision of zero fatalities be realized.”

Changes along A1A don’t come quickly, however, and they don’t come without communities that propose initiatives and state transportation officials coming together to work out solutions that both can live with. 

Also joining the conversation are representatives of the Palm Beach Transportation Planning Agency, which works to collaboratively plan, prioritize and fund the county’s transportation system.

“It’s always a partnership,” Miller says. “Our goal is to meet the needs of the department and of communities but there are compromises that have to be met.”

Like Smith, the TPA promotes the “Complete Streets” concept,  which promotes safe and convenient access and travel for pedestrians and bicyclists as well as motor vehicle drivers.

“The TPA would like to see safe, connected and convenient facilities for users of all ages, abilities and modes of transportation, as appropriate with the local context of the roadway,” said Valerie Neilson, TPA’s deputy director of multimodal development.

While some communities may have specific priorities — lighted pedestrian crosswalks, for example — FDOT takes a broader view that considers everyone who could be affected.

“We have a responsibility to all users,” Miller says. “We have to weigh all the needs.”

Every now and then, a community will have an opportunity to more speedily bring a wish list of improvements to fruition. Highland Beach could soon have that opportunity thanks to a likely FDOT resurfacing, rehabilitation and restoration project of the just more than 3 miles of roadway through town.

According to Miller, FDOT does an annual evaluation of every state road, looking for cracking and rutting and other issues. The department then includes that “3-R” work in its five-year improvement plan. 

Although Highland Beach is not yet included in FDOT’s draft tentative work program for fiscal years 2019/2020 through 2022/2023, Miller said it is anticipated that the project will be included in the 2020/2021 tentative work program, which stretches into the 2024/2025 fiscal year. What specific years money for the project will be available is still unknown.

Right now, the stretch of A1A in Highland Beach is the only portion of the road in southern Palm Beach County being considered for a 3R project.

In anticipation of the resurfacing work, FDOT has reached out to Highland Beach to see what improvements the community would like in conjunction with the 3R project. While the scope of the work is up in the air, FDOT will most likely add bike lanes. 

Meanwhile, Highland Beach voters will decide March 12 whether the town will fund improvements along A1A that other agencies won’t pay for.

Regardless of whether  voters approve the referendum, Highland Beach is committed to installing lighted crosswalks and has authorized funding for those improvements, which FDOT allows, Miller said. 

Currently, members of FDOT’s design team and traffic operations team are developing  criteria for handling requests from communities that want to add or enhance crosswalks.

The goal? Find what features work best for what locations.

Drainage is another concern for many communities along A1A. Miller said the department designs roads to meet conditions with expectations of how quickly a road should drain. 

The department’s criteria allow a certain portion of the roadway to have standing water for as long as 48 hours. But if the water stands for too long or involves more road, FDOT will develop and implement a plan to solve the issue. 

One issue that can affect drainage — and bicycle and pedestrian safety — is vegetation or permanent structures such as walls in the FDOT’s right of way. 

Along some stretches, landscaping and decorative features come right up to the white line on the road’s edge, leaving little or no shoulder. With nowhere to go, water puddles on the roadway.

In most cases, the department remains flexible when it comes to objects in the right of way, but will likely remove obstructions during the course of a project like the one that could take place in Highland Beach. 

SAFE’s Smith says some local municipalities, such as Delray Beach, are taking a proactive approach to encroachment during development reviews. 

“It’s the responsibility of municipalities’ permitting department to prevent future encroachment in the right of way,” he said. 

As South Florida continues to grow, there could be more local initiatives on A1A coordinated with FDOT to improve safety.

For the most part, however, the notion of A1A as a relaxing beachside walk, bicycle ride, or drive will not be disturbed. 

By Rich Pollack

David Del Rio, the financial adviser from Florida’s West Coast charged with siphoning close to $3 million from the life savings of a Highland Beach widow found murdered, has been released on bail after being locked up since mid-September. 

Palm Beach County Circuit Judge Glenn Kelley originally set bail at $463,000 in November for Del Rio, but put a hold on Del Rio’s release until defense attorneys could prove money used to help post bail wasn’t obtained through unauthorized withdrawals from the account of Elizabeth “Betty” Cabral.

The body of Cabral, whose throat had been cut, was discovered in her Highland Beach condominium in April. No charges have been filed in the homicide.

On Jan. 2, Kelley agreed to lift the hold on Del Rio’s release after prosecutors agreed that money from nine friends and family members used to secure bail did not come from Cabral’s accounts.

“The defendant shall be permitted to post bond in the amount set on Nov. 9,” Kelley wrote in his order.

Under the terms of his release, Del Rio is on house arrest and cannot contact any members of Cabral’s family.

Among those putting up money to help secure bail were Anjelica Ortiz, Jose Ortiz and Daniel Ortiz — thought to be longtime friends of Del Rio — who contributed a combined $18,000.

Del Rio’s sister, Jennifer Alfaro, agreed to help, contributing $9,600. Relatives of Del Rio’s wife, Rose, also provided money.

All agreed to notify the court immediately if Del Rio, his wife or anyone on their behalf attempts to reimburse them.

The money from Del Rio’s family and friends, which amounted to just more than 10 percent of the total bail, was used to secure a bond from two companies — All County Bail Bonds and Big Mike’s Bail Bonds.

Matthew Jones, president of the Florida Bail Agents Association, said it is not uncommon for two companies to split the bail when it is set high.

“On larger bonds, I’ve definitely seen it done,” he said.

He said bond companies don’t always require 10 percent up front, with many accepting payment plans.

“Our job is to get people back to their families and jobs,” he said.

Del Rio, of Lee County, has been charged with several counts of grand theft, exploitation of the elderly, money laundering and fraudulent use of personal identification information stemming as far back as 2013. Del Rio worked as a financial adviser to Betty Cabral and her husband, William, who died in 2017.

Investigators said in court documents that Del Rio fraudulently changed Betty and William Cabral’s will, making himself the sole beneficiary of the estate.

Detectives are continuing to investigate Cabral’s murder and still have not allowed anyone to enter her unit in the Penthouse Highlands condominium, according to neighbors. 

(l-r) World War II veterans John Bury, Frank Bonfiglio, Richard Stransky, Bill Schwartz and Arthur Pion gather at Boca Raton Airport for the Collings Foundation’s annual Wings of Freedom tour. The airport hosted several restored planes, including a Boeing B-17 Flying Fortress (background) on which Bury flew as lead navigator. Photos by Tim Stepien/The Coastal Star

By Rich Pollack

It’s been more than 70 years since John Bury sat in the navigator’s seat of a B-17 Flying Fortress as it dropped bombs over Nazi Germany while dodging antiaircraft fire during World War II.

But memories come back quickly when Bury visits the Boca Raton Airport during the annual Wings of Freedom tour, which this year brought three fully restored World War II planes — including the B-17 — to South Florida.

“The good memories come back, and other memories come back when I tell people about the bad missions,” said Bury, of Highland Beach, who at 97 is one of a rapidly dwindling number of WW II veterans in the area. “They come back vividly.”

ABOVE: Bury talks with schoolchildren.

Bury was one of a handful of WWII veterans who shared their stories with about 300 schoolchildren last month during the Wings of Freedom tour’s three-day visit. He periodically volunteers to talk about his experiences as a navigator on the B-17, on which he flew 28 missions.

In addition to getting a chance to see and tour the Flying Fortress, those who came to the airport had a chance to see a fully restored replica of the B-24 Liberator and a restored P-51C Mustang.

The tour, put on annually since 1989 by the Massachusetts-based Collings Foundation, is designed to support what it calls “living history” and to help younger generations learn more about World War II and the sacrifices people made then.

For at least 15 years the tour has stopped in Boca Raton, attracting military history buffs as well as veterans from several eras. It is also a popular destination for school field trips.

“This is a really strong stop for us because of the big veteran presence,” said Jamie Mitchell, the Collings Foundation’s tour coordinator. “There are still a few World War II veterans here who flew these planes in combat.”

Airport Director Clara Bennett said giving students a chance to meet with veterans is one of the reasons the airport hosts the Wings of Freedom tour year after year and invites students to join in a welcoming ceremony that involves city leaders and Boca Raton Airport Authority board members.

“We feel we have a responsibility to provide the veterans an opportunity to interact with the students,” she said. “It’s a chance for history to be passed down to the next generation.”

Bennett said the tour also is an opportunity to explain the role the airport played in the war, when it served as an Army Air Corps radar training facility.

For Bury, one of the few World War II veterans at the ceremony who actually flew in a class of the planes on display, the tour offered an opportunity to tell stories that few others are left to share.

“I’m still amazed that this plane was able to get me through combat safely,” he says.

There were times, he recalls, when that almost didn’t happen. The majority of the missions he flew came under attack, and during one flight the enemy shot out two of the plane’s four engines.

Bury recalls another time when a piece of shrapnel came through the window in the front of the plane where he sat as lead navigator.

“Just a few more inches and I wouldn’t be here to tell the story,” he says.

Bury was discharged from the Army Air Corps in September 1945 and married his wife, Shirley, now 90, in 1947. He went on to become a vice president of marketing for Purolator Filters before moving to Florida 36 years ago.

The father of four children, Bury says he never discussed his war days with the family until 1990, when he put together a few photos and words and handed them out.

“We never talked about it,” he says. “We never brought it up and they never asked.”

Now Bury is making up for lost time. He enjoys telling the stories to children and serving as an unofficial tour guide for those wanting to know more about the aircraft they’re seeing.

“When they ask questions, you know they’re listening,” he says. 

By Jane Smith

Delray Beach could become the first Palm Beach County city to ban single-use plastic straws.

City commissioners unanimously approved a plastic straw ban at their mid-January meeting, effective Jan. 1, 2020. The second reading of the ordinance was set for Feb. 5, when it is likely to pass.

The ban will apply to plastic straws given to consumers at 190 restaurants and other businesses citywide. Exceptions will be given to hospitals, schools and nursing homes. Big-box and grocery stores that sell them for individual use are also exempt from the ban.

“Plastic never goes away. It just gets smaller and smaller,” Evan Orellana, education director at the Sandoway Discovery Center, said at the Jan. 15 commission meeting. “We will start with straws and go further.”

The center, on A1A in Delray Beach, focuses on marine ecosystems that include sharks and sea turtles.

The beachfront Caffe Luna Rosa last July began offering recyclable straws when customers requested straws. The restaurant purchased “corn-plastic” straws that are compostable and made by Eco-Products of Boulder, Colo., said restaurant founder Fran Marincola, who stopped issuing plastic straws except upon request at the start of 2018.

Until the ordinance takes effect, restaurants will be encouraged to provide straws only upon request. Code enforcement officers will visit restaurants and other businesses during the year to educate the businesses owners and their servers. Restaurants will be given “Skip the Straw Delray” decals for their windows.

After Jan. 1, staff suggested fines of $100 for the first offense, $200 for the second offense and $300 for the third within a 12-month period.

Major corporations, such as the Walt Disney Co., Starbucks and Royal Caribbean International, have joined the campaign against straws, said India Adams, assistant city manager. She made a presentation to the council in the absence of the city’s sustainability officer, Ana Puszkin-Chevlin.

Adams suggested that the city provide a written notice of the campaign when it sends out license renewals for businesses in the restaurant/bar category.

The plastic straw ban came out of the city’s Green Implementation Advancement Board. Members and the city staff held a skip-the-straw kickoff event last August at The OG, one of the newest bars in Delray Beach.

Delray Beach prides itself on being “green” and is the first Palm Beach County city to ban single-use plastic straws.

Five other South Florida cities already have bans in place or are in the process of passing them:  Hallandale Beach, Miami Beach, Fort Myers Beach and Marco Island. The ban in Deerfield Beach goes into effect in April, Adams said.

In other business, City Manager Mark Lauzier received a 4 percent raise on his base salary of $235,000 by a vote of 3-2. This brings his salary to about $244,400. The raise will be retroactive to Nov. 6, the anniversary of his hire.

“He’s done a great job and the raise percentage fits into the 3 to 5 percent raises that city employees received,” said Commissioner Ryan Boylston.

Mayor Shelly Petrolia voted against the raise because Lauzier is already paid “a good salary.” She wants to see him improve his budget presentations and to get in front of critical issues, such as the Swinton Avenue plan that would remove trees to add bike lanes.

Deputy Vice Mayor Shirley Johnson also voted no because she said her comments and suggestions to Lauzier “were not well received.” 

By Steve Plunkett

Consultant EDSA Inc. will be given $483,700 to continue designing the combined Wildflower-Silver Palm Park at the Palmetto Park Road bridge over the Intracoastal.

The money will cover schematic design, detailed design documents, site plans, permitting and construction documents. The Fort Lauderdale-based landscape architecture firm will also provide bidding assistance.

The Boca Raton City Council approved the expense at its Jan. 23 meeting.

EDSA as lead consultant will keep $235,700 of the total. Subconsultants CPZ Architects, Delta G Consulting Engineers, Flynn Engineering Services, Freeport Fountains, and MUEngineers will share $236,000 for architecture; mechanical, electrical and plumbing; civil engineering, aquatic engineering and structural engineering, respectively. The remaining $12,000 will cover printing, courier and shipping charges for the various documents.

Kona Gray, the EDSA principal shepherding the project, told council members in late November that the parks should be designed as one cohesive park instead of two neighboring facilities. The integrated park will have a third boat ramp, more parking for boat trailers, a wide promenade along the Intracoastal Waterway, a “signature” water feature and “shade sails” over its benches.

Council members told Gray to revise his plans to add more play opportunities for children, perhaps combined with public art; more vehicle parking (the Wildflower side dropped to 32 spaces from 50 in the previous plan); moving the restrooms farther from the Intracoastal; removing a turnaround from under the bridge; and adding concrete stairs from the bridge down to the park on the north side similar to the ones on the south. Moving the restrooms will cost $500,000; in all, the consolidated parks will cost $8 million, Gray has estimated.

The city has $1 million in its budget this fiscal year and $2 million in fiscal 2020 to build the park on the Wildflower side. The 2020 budget also has $1.5 million pegged for the Silver Palm side. Boca Raton plans to hold a contest to name the combined parks if no one makes a substantial donation in exchange for naming rights.

Separately, EDSA is developing a master plan for the Gumbo Limbo Nature Center that envisions doubling the number of visitors to 500,000 a year. 

By Mary Hladky

The failure of city and state officials to regulate or control the “wild and overcrowded” Boca Bash boating party last year caused the drowning of Francis Roselin, according to a lawsuit filed Jan. 25 against the city and the Florida Fish and Wildlife Conservation Commission.

Roselin, 32, of West Palm Beach, was last seen swimming in Lake Boca during the April 29 Boca Bash before he was reported missing. His body was found five hours later at the bottom of the lake.

Tamekia Rich, the mother of Roselin’s 5-year-old daughter, A’niylah, and the personal representative of Roselin’s estate filed the lawsuit in Palm Beach County Circuit Court.

Rich contends that the city and the wildlife commission were negligent because they did not control Boca Bash, allowed too many boats into Lake Boca and failed to remove boats when it became apparent they caused a hazard to public safety.

“We are alleging the city of Boca Raton and the wildlife commission had an obligation to maintain that waterway safely,” said Boca Raton attorney Dan Moses, who represents Rich. “By turning a blind eye, [Boca Bash] got out of hand and very dangerous.”

A city spokeswoman said that, as of Jan. 29, the city had not been served with the lawsuit. She did not comment on the allegations. A spokeswoman for the FWC did not immediately return a call requesting comment.

The hugely popular annual Boca Bash started in 2006 and now attracts about 1,500 vessels and 10,000 attendees. It is not a city-sponsored event, but has grown through word of mouth and social media, Boca Raton Police Chief Dan Alexander told the City Council on June 11 after its members asked him about the event and Roselin’s death.

Alexander told the City Council that he assigned 38 police officers to the event. The wildlife commission, the Palm Beach County Sheriff’s Office and other agencies assisted his department. City fire-rescue units answered 15 calls for help.

City Attorney Diana Grub Frieser said there was little the city could do to control Boca Bash because the state limits what local governments can do with inland waters. She suggested the city lobby the Florida Legislature to change state law.

But Rich’s lawsuit maintains that Florida law allows the city and FWC to order the removal of vessels that are a hazard to public safety. It also states that city police and the commission “owed a duty of care” to Boca Bash attendees. 

By Mary Hladky

Residents who live near a proposed 350-unit luxury apartment project and retail buildings turned out in force on Jan. 14 to tell city leaders they should not greenlight it.

“This particular project is very dangerous,” said J. Albert Johnson, president of the 2,000-member Camino Gardens Association in Boca Raton. “It is an invitation to a disaster.”

“I hope you on the City Council will realize this is a grave mistake,” said Roslyn Goldstein, who lives in Camino Gardens Villas.

FCI Residential Corp., a subsidiary of sugar producer Florida Crystals Corp., has proposed redeveloping a blighted, 9.1-acre shopping center site at 171 West Camino Real, where a Winn-Dixie operated for years before closing in 2010.

The first phase of the Camino Square project would be two, eight-story apartment buildings and two parking garages on the eastern portion of the site, just west of the Florida East Coast Railway tracks.

The second phase, on the western portion, would have two retail buildings and surface parking.

Nearby residents want to see the derelict shopping center redeveloped, but they strongly oppose FCI’s plans. They say the development is too big and will worsen already clogged traffic on Camino Real and other streets in the area.

FCI attorney Ele Zachariades contended that Camino Square would bring a much-needed transformation of the area. She also said that the city’s downtown development ordinance allows FCI to build 100 additional units, but the developer opted for fewer units to limit density.

“We are hoping to be just like Mizner Park,” she said, referring to the project that revitalized the moribund downtown in the 1990s. “We too hope to be the catalyst for redevelopment of this area as well.”

The project has a troubled history with the city. In January 2018, the Planning and Zoning Board unanimously rejected it, and city staff opposed it.

Since, FCI made numerous changes to its plans and city staffers acknowledged that the project is much improved. Even so, they remained concerned that Camino Square would worsen already bad traffic congestion.

But the Community Appearance Board unanimously recommended approval last year and the planning board agreed in a 4-1 vote Nov. 8.

After listening to a long line of speakers who opposed the project, City Council members, sitting as Community Redevelopment Agency commissioners, postponed a decision until their April 8 meeting.

In the meantime, staff will get answers to three key questions council members have about the project: Will road improvements proposed by FCI improve traffic flow? Will the county agree to reimburse the city for the cost of road improvements using impact fees the county collects? Does a city ordinance allow council members to approve residential development at the site?

FCI’s plans call for a southbound left turn lane from Southwest Third Avenue onto eastbound West Camino Real, and a northbound right turn lane into Camino Square to eliminate traffic jams at the West Camino Real and Southwest Third Avenue intersection. They also propose another through-lane on the west side of Dixie Highway.

The developer has proposed using impact fees paid by developers to pay for road improvements. But city officials do not know if the county would be willing to use that money to reimburse the city.

Some are uncertain whether residential can be built at the site. The downtown development ordinance says retail and office can be built there. City Attorney Diana Grub Frieser said residential is not prohibited and the City Council can convert the usage to residential if it wants.

A number of residents speaking at the planning board and City Council meetings blamed city officials for causing traffic congestion because they canceled plans to improve the intersection of Camino Real and Dixie Highway in 2015.

But city officials explained that, at the time, the expensive improvements were not needed because studies showed a decrease in traffic there. The reduction was the result of new residential development sprouting up downtown, rather than office buildings that generate more traffic. 

By Dan Moffett

A 91-year-old Palm Beach woman drove her Lexus off State Road A1A in South Palm Beach and struck two pedestrians, police say, killing Rinaldo Morelli and sending his wife, Lena, to the hospital on Jan. 24.

Police say Janet J. Reynolds, 3170 S. Ocean Blvd., Palm Beach, was driving north on A1A minutes before 4 p.m. when she swerved off the east side of the road.

Her car struck Rinaldo Morelli, 75, who was walking north along the shoulder between the Lantana Municipal Beach parking lot and the Imperial House condominium.

The impact carried Morelli some 15 feet onto the condo driveway, police say.

South Palm Beach Police Officer David Hul arrived shortly after the incident and performed CPR on Morelli, who was transported by helicopter to Delray Medical Center. He was pronounced dead at the hospital.

Lena Morelli, 75, was treated for minor injuries and released from the Delray hospital.

Reynolds, who lives at The Enclave condominium a mile north of South Palm Beach, was not injured.

South Palm Beach Police Chief Mark Garrison said Reynolds has a valid Florida driver’s license, and authorities towed her 2009 Lexus from the scene.

Garrison said his department has turned the case over to investigators with the Palm Beach County Sheriff’s Office traffic homicide unit.

South Palm Beach Mayor Bonnie Fischer said the tragedy does not appear to involve an attempt to cross A1A.

For years, residents have complained to the Florida Department of Transportation that the town needs a crosswalk, but state officials have not been persuaded.

“I don’t think this was a crossing or crosswalk issue,” Fischer said. “They were walking beside the road.”

The Morellis have owned a unit at the Barbican condominium in South Palm Beach for years, the mayor said.

The Barbican is across A1A and a tenth of a mile north of the accident site.

By Steve Plunkett

County Commissioner Robert Weinroth continued making the rounds of his newly expanded constituency in January.

Weinroth, who took his seat from term-limited Steven Abrams in late November, wants to make sure municipal leaders know he is one of them, having spent four years on the Boca Raton City Council.

“So I certainly understand the responsibilities you have, and I want you to know that I understand home rule,” Weinroth told Gulf Stream town commissioners Jan. 11. “And whereas, when we sit here we want to make sure the state isn’t bothering us, I can assure you that the county will not be bothering you. Unless you ask for us to come in and help you with something.”

Mayor Scott Morgan thanked him for visiting.

“It’s nice to put a face to the name,” Morgan said. “And I’m heartened as we all are to hear your past experience in Boca and your desire to protect home rule, which is very important to have.”

Weinroth assured the Gulf Stream officials he was here to help them.

“If there’s anything that I can do, the county is always there to provide a helping hand,” he said.

He delivered similar messages Jan. 7 in Ocean Ridge (“It’s my promise that I will not be getting in your business”) and Jan. 15 in Boynton Beach (“I will not be in your face unless you tell me that you need me”).

He also made a Jan. 15 stop in Delray Beach and attended Highland Beach’s Jan. 9 Complete Streets meeting.

Also in Weinroth’s County Commission district are Briny Breezes, Manalapan, Lantana, South Palm Beach, Hypoluxo and Village of Golf.

He kicked off his city tour Dec. 11 in Boca Raton.

“There are 12 municipalities in District 4, and you are certainly the first stop I wanted to make,” said Weinroth, who spent a year as deputy mayor. “Boca is my most favorite of my favorite cities.”

Weinroth, a Democrat, defeated Republican William “Billy” Vale last November, 54 percent to 46 percent. He chose not to run for re-election to the City Council the previous March to focus on campaigning for the county post.

Weinroth kept Abrams senior aide Lucia Bonavita and added Jon Carter and Alexandria Ayala to his legislative staff. Abrams staffer Kate “Freddie” Scott retired in December.

The commissioner has offices at the Palm Beach County Governmental Center (301 N. Olive Ave., West Palm Beach; 355-2204) and in South County (345 S. Congress Ave., Delray Beach; 276-1220). His official email is RWeinroth@pbcgov.org. 

New Commissioner Barry Donaldson is sworn in by Town Clerk Lanelda Gaskins after his appointment to serve for the next year. Rich Pollack/The Coastal Star

By Rich Pollack

Highland Beach has a new mayor and a new town commissioner.

During a meeting early last month, commissioners voted 3-1 to appoint sitting Commissioner Rhoda Zelniker as mayor, filling the position left open following the Dec. 24 death of Mayor Carl Feldman.

Zelniker, 72, who was first appointed to the Highland Beach Town Commission in January 2015 and is the longest-serving member of the board, will fill the one year left in Feldman’s three-year term.     

Peggy Gossett-Seidman voted for Commissioner Elyse Riesa.

Following the appointment of Zelniker, commissioners chose architect Barry Donaldson to fill the one year remaining in Zelniker’s term.

Donaldson, who has served as chair of the Board of Adjustment and Appeals and served on the Planning Board, ran unsuccessfully against Zelniker for the seat in 2017.

Zelniker said she agreed to support Donaldson to fill the position because of his continued involvement.

“I felt he earned it because he remained active in the town,” she said.

Donaldson, 69, said he agreed to take the position so he could continue to support initiatives he thinks will benefit the town.

“I saw it as an opportunity to be directly involved in issues that are important,” he said.

Among those issues are the overall appearance of Highland Beach and fixing the street flooding that occurs following heavy rains.

“These are all elements I  talked about during the 2017 campaign,” he said.

Donaldson and Zelniker support the Ocean Walk and More project, funding for which will come before the voters next month.

Zelniker said her priorities as mayor will be to continue bringing civility to the commission as well as to ensure that the town is well prepared for the future.

“I’m passionate about civility and that we agree to disagree,” she said. 

Known as an elected official who listens to residents, Zelniker said she wants to continue to make town leaders accessible to residents.

Rather than follow the tradition of hosting residents in “Coffee with the Mayor,” Zelniker said, she would like all elected officials and town department heads to attend.

“I want to bring people together,” she said.

Donaldson won the seat, three votes to one, with the single vote going to Planning Board Chair David Axelrod, who didn’t appear to be seeking the appointment.

Commissioners also did not agree unanimously with the timing of Donaldson’s appointment immediately following Zelniker’s elevation to mayor. Gossett-Seidman wanted to hold off on the appointment until other residents had an opportunity to express interest.

“I would just feel better if we waited until the next meeting,” she said. “Maybe there’s a fantastic person out there. I just don’t see the harm in waiting.”

Gossett-Seidman then cast a ballot for Axelrod.

Zelniker and her husband, Marvin, have been Highland Beach residents since 2001. She was recently re-elected president of Regency Highland Condo Association and has been on her condo board since 2005. Prior to serving on the commission, Zelniker worked on the Beaches and Shores Advisory Board.

Donaldson, who moved to Boca Raton from Kentucky for work in 1982 and moved to Highland Beach in 2002, continues to work as an architect. He served on the town’s special committee to evaluate solid waste proposals, and he and his wife, Marlynn, are active volunteers for the Friends of the Library.

Both Zelniker and Donaldson said it is too early to determine whether they will run for their seats in 2020 when their terms expire. 

Former Ocean Ridge Vice Mayor Richard Lucibella sits before a potential pool of jurors  in Palm Beach County Circuit Court. His trial on two felony counts began Jan. 28, and Judge Daliah Weiss told the jury that she expected the trial to last a week. Tim Stepien/The Coastal Star

By Steve Plunkett

The trial of onetime Ocean Ridge Vice Mayor Richard Lucibella has begun — two years and two months after town police arrested him in a backyard fracas.

Lucibella, 65, is charged with battery on a law enforcement officer and resisting arrest with violence, both felonies punishable by up to five years in prison.

In opening statements on Jan. 28, Assistant State Attorney Danielle Grundt asked the six-person jury to keep in mind who was on trial.

“The name of the case is State of Florida vs. Richard Lucibella, not State of Florida vs. the police officers, not State of Florida vs. Town of Ocean Ridge,” she said.

Co-defense attorney Heidi Perlet presented a different take on the case.

She told jurors that Ocean Ridge police Lt. Steven Wohlfiel, who was visiting Lucibella as a friend the night of the arrest, became suddenly somber and told Lucibella someone close to him was dying of cancer. Then he pulled out his own gun and fired it into the ground, Perlet said.

“Mr. Lucibella was in shock; he didn’t know what to do,” Perlet said.

Arresting officer Richard Ermeri, who has since been promoted to sergeant, testified the following day that Lucibella was “vulgar, argumentative, aggressive and belligerent” that night.

“I did not push him and I did not grab him by the wrist,” Ermeri said.

Town police went to Lucibella’s beachfront backyard on Oct. 22, 2016, after neighbors reported hearing gunshots. They confiscated a .40-caliber handgun and found five spent shell casings on the patio.

An ensuing scuffle left Lucibella handcuffed on the ground with fractured ribs and an injury above his eye that required stitches. One of the responding officers, Nubia Plesnik, says she was injured and is suing Lucibella, who has a $10 million umbrella liability policy, in civil court.

The State Attorney’s office decided not to pursue a misdemeanor count against Lucibella of using a firearm while intoxicated. In the original charging document, Grundt also dropped a misdemeanor count that Ocean Ridge police had filed: discharging a firearm in public.

At a pretrial conference, Grundt told Circuit Judge Daliah Weiss she expected to wrap up the state’s side of the case by midday Jan. 30. Lucibella’s other defense attorney, Marc Shiner, said his defense would take three days.

During jury selection, Weiss told jurors the trial would last a week.

The judge told lawyers on both sides to have each day’s witnesses waiting their turn outside the courtroom. “I want to have a steady stream of witnesses going,” she said.

Lucibella is the chief executive of a multimillion-dollar Medicare shared savings group and publishes S.W.A.T. Magazine, a publication for “serious shooters, trainers and law enforcement personnel.”

He resigned as town commissioner and vice mayor when the State Attorney’s Office filed formal charges on Dec. 7, 2016.

The trial, first scheduled for April 2017, was postponed five times. 

By Dan Moffett

   Ocean Ridge Town Manager Jamie Titcomb is resigning his position in March to become the first-ever manager in the upstart town of Loxahatchee Groves.

   For Titcomb, the change is a return engagement of sorts. Thirteen years ago, when he was with the Palm Beach County League of Cities, he helped shepherd the fast-growing western community through the thorny process of incorporation.

   “For me, this provides an opportunity to see through some unfinished business in the steps of creating a viable town from scratch, a professional challenge late in my career,” Titcomb said, “and the ability to make a difference assisting the community to grow to the next level of governance.”

   Loxahatchee Groves, a town of roughly 3,500, was incorporated in 2006 and for the last seven years has hired a management services company to run its operations. With the addition of Titcomb, the town intends to move toward a more traditional manager-council form of government.

   Ocean Ridge Mayor Steve Coz has scheduled a special Town Council meeting for 2 p.m. on Wed., Jan. 30, to discuss finding Titcomb’s replacement.

   Titcomb, 61, took over as Ocean Ridge’s manager in October 2015, leaving a similar position in Melbourne Beach. He also has worked as the lead administrator in Lake Park and North Palm Beach. He was the executive director of the county League of Cities for 13 years and a former Boynton Beach city commissioner.

   The Ocean Ridge commission hired Titcomb largely because he committed to handling the town’s budget preparation and finances. For roughly 25 years, former Town Clerk Karen Hancsak had performed those duties until retiring shortly after Titcomb’s arrival.

   Titcomb and the commission clashed several times during his first year over difficulties preparing the 2016-2017 budget. He attributed the problems to the town’s outdated computer software and to necessary changes in methodology to improve transparency.

   Besides overhauling budgeting, Titcomb developed in-house building inspection services for the town, with a full-time inspector. He helped oversee a review of building codes and also a citizens review of the Ocean Ridge charter. Titcomb also put in place an aggressive maintenance program for the town’s aging drainage system.

   “I’m proud of building a professional staff, implementing best-practices process, an issues-free budgeting and auditing program and making headway in the town toward high-level, concierge-service local government,” he said.

   Titcomb’s annual salary in Ocean Ridge is $112,500. He said the salary details of his Loxahatchee Groves contract are still being negotiated.