THIS JUST IN: Federal judge Donald M. Middlebrooks has dismissed all of the federal claims brought by the developers against the city in Delray Beach’s Atlantic Crossing case (in excess of $40 million). The Court, in light of its ruling, then declined to exercise jurisdiction over the state claims (none of which seek monetary damages) and remanded the matter back to State court. Randy Schultz, who is on vacation, will have more on this significant development next week.—Ed.
Old School Square: new lease on life?
Many in Delray Beach argue persuasively that the city’s rebirth began neatly three decades ago with Old School Square. So negotiations between that non-profit organization and the city, from which Old School Square leases its land, are one of this year’s biggest issues.
The lease, which dates to 1989 – way before downtown Delray became what it is now – has been amended four times. By Oct. 1, when the new budget year begins, there must be a fifth amendment.
City Manager Don Cooper has received the proposed lease, and plans to present it to the commission in September. Among other things, the new agreement will reflect the commission’s wish to spare Old School Square some downtown events that use the space. The draft agreement asks Old School Square to “balance” its programming with other events, especially local ones.
But there also are practical items. Old School Square gets $250,000 from the city for operations and another $300,000 from the Community Redevelopment Agency. The city also maintains what Cooper called “exterior and major interior systems” like heating and air conditioning, as well as the exterior of the building and the grounds. Old School Square’s roof is about 20 years old, and Cooper said a replacement will cost between $400,000 and $500,000.
Man of Steele
Given all that’s happening, it seemed a good time to hear from Rob Steele, who became Old School Square director in August, replacing Joe Gillie. Here are his responses to my questions:
BOCA RATON MAGAZINE — What are the main issues in the lease that Old School Square and the city are working on? Do you anticipate major changes?
STEELE — The cultural/educational/inspirational entity known as Old School Square has enjoyed a productive, symbiotic relationship with Delray Beach for over a quarter-century. You would be hard-pressed to find a park bench full of people who do not believe that Old School Square was the driving force behind the remarkable renaissance of Delray Beach.
Other than extending the terms of the lease and management agreement, there are no issues to deter another 25 years of service to the community by this beloved institution. Old School Square entertains more guests than any other venue in Palm Beach County, and these agreements provide the necessary autonomy to keep the park buzzing with activity throughout the year.
Our 2016-2017 events season is the largest ever, and the offerings were reverse-engineered to meet the diverse entertainment tastes of our diverse community. We are giving mutual consideration to an adaptation of the agreements to accommodate adjustments in the grounds maintenance of the park, and the scheduling of the ‘Green’ area, but those changes are of a minor nature.
BRM — Where does the design work for the park stand? You recall that there were big differences between the city and the CRA over the look.
STEELE — Old School Square Park represents five acres of the most important real estate in one of the most vibrant communities in the country. It stands to reason that the process of deciding how best to protect, beautify, and activate this property should be of an iterative nature.
A first-pass, concept design was submitted for review approximately a year ago, and it was, in some corners, taken to be a declaration of firm intent. A period of active conversation ensued, and it was decided that further public input should be sought to assure that the future of Old School Square Park was based upon the true needs and desire of the citizens of Delray Beach.
Two “charrettes” to garner public input were conducted in 2015 and two “community conversations” were conducted in 2016 to gather still more public input. The ideas and inclinations brought forth in all four of these gatherings were tabulated, and the results indicate a strong desire on the part of the public to develop an inviting, and active park space in downtown Delray Beach.
The initiation of a master plan for the park is being considered by the CRA and the city, and hopes are high that they will mutually commit to moving this critical project forward. Through the course of the process of evaluating the OSS campus and grounds, it was discovered that there were a good number of deferred maintenance projects that need to be accomplished with all deliberate speed to protect this historic site. Both the City and CRA were very responsive in addressing these essential repairs, which include repairs and replacement of all of the roof systems on the campus that are over 20 years old.
It is safe to say that the macro perspective for improvements on the Old School Square campus is to preserve and protect the historic buildings, create a park-like green space on the perimeter of the park and contain the heavier activations to the core – the green and the Pavilion grounds — of the park. Further, the improvements should in every way possible balance the parks’ ability to improve the quality of life for all Delray Beach residents, with the parks’ intrinsic value as an economic engine for commerce in Delray Beach.
BRM — Regarding festivals, what is Old School Square’s position — if any — on the new special events policy? How much did Old School Square receive from Garlic Fest? How much does Old School Square receive, if anything, from other events held there?
STEELE — Old School Square has been actively involved in the (Special Events Tactical Advisory Committee) process with a score of other community stakeholders for over a year. The path to effectively finding a balance for events in Delray Beach has certainly been an active one, but with continuing perseverance we will reach the finish line.
One of the core values of Old School Square is to reach into every corner of our community and provide enriching cultural, entertainment, and educational experiences for everyone. The Garlic Fest has provided steady rental income to the OSS operation for many years, but the revenue lost by this festival moving to another location will not significantly impact operations. We join everyone in thanking the Garlic Festival for their long history in Delray Beach, and wish them the very best as they take their show on the road.
BRM – Mayor Cary Glickstein has expressed his wish that Old School Square and Arts Garage would coordinate more, perhaps even sharing staff. Has this been discussed? Do you and Old School Square have thoughts on this?
STEELE — I am comfortable saying that both the Arts Garage and Old School Square consider it a significant, strategic advantage to both take up residence within the bounds of the same city block. That our intimate geographic locations help to strengthen the image and brand of an ‘arts and entertainment park’ is serendipitous.
We are discussing simple and more involved ways to collaboratively strengthen our independent organizations. Over the past year, we have begun cross-promoting each other’s events, and we have had a series of meetings to discuss other possible avenues for synergistic cost savings.
We have also discussed bringing all four venues on the campus — Arts Garage, the Fieldhouse, the Crest Theatre, and the Pavilion Stage — online to present a “boutique-style” music festival in Old School Square Park. We have recognized a singular opportunity to utilize these four unique venues — in a beautiful park on Atlantic Avenue, a short walk from the ocean — to host a widely recognized blues, jazz, Latin or folk festival.
Perhaps the most important aspect of the relationship between the Arts Garage and Old School Square is that we mutually appreciate and respect the contribution that each of us makes in helping to identify Delray Beach as a bona fide arts community.
And the Chabad saga continues
The owners of the property where Chabad East Boca wants to build argue that the circuit court should overturn its ruling against the project.
To recap:
Three lawsuits were filed after the city council approved the synagogue/social hall/exhibit hall. In two cases, the plaintiffs have been unsuccessful. In the third, the plaintiffs succeeded in persuading a three-judge panel that the council should not have approved the project because the exhibit hall amounts to a museum, and zoning laws don’t allow a museum on the Palmetto Park Road site in the Por la Mar neighborhood.
In its appeal of the court’s action, the trust that owns the property – the owner would donate it to the chabad – uses typical legal hyperbole. The trust alleges a “miscarriage of justice.” The core of the argument, however, is that “the exhibition space which constitutes a ‘museum’ is a ‘place of public assembly’ under the code” and thus the council’s approval was legal.
The chabad may have been controversial anyway, but the flashpoint was the exhibit hall, called My Israel. Early on, neighbors acted as if the congregation wanted to start a religious theme park. Though the rabbi said the exhibit would be modest, neighbors then complained about buses that might bring visitors, even though the council addressed that issue in its review.
The trust argues that “there has never been any doubt that the proposed My Israel center is a place where people assemble for common social, cultural, or religious purposes” and that the judges wrongly classified it as a museum and isn’t allowed “even if it fits the code’s definition of a ‘place of public assembly.’ ”
Even if this appeal fails, the trust apparently has the resources to keep fighting. The documents list lawyers from Palm Beach County, Chicago and New York. To remind, the clock does not start ticking on the chabad’s development approval while the lawsuits are active.
