Preserving the Residential Character of Boca Teeca

Saturday, December 24, 2016

Tuesday, December 20, 2016

BTUO-Who?

Today there was a meeting of the previously defunct BTUOA organization which had about 10 supporters in attendance.  Were the 3 leaders of this private organization embarrassed when councilman Scott Singer asked where everyone was that the BTUOA claims to represent?

In spite of this anemic turnout of Boca Teeca residents, the leaders of this organization discussed how they can hire an attorney to negotiate with the city on what they want from the city as it relates to the Ocean Breeze golf course.  Are they serious?  Ten people have NO political clout in an issue that involves over $70 million dollars and certainly have no ability to make demands of the city.

Unfortunately, this nonsensical organization may have done more damage to the Boca Teeca community's effort to get the city to acquire the closed golf course since they were clearly dysfunctional in their representation and had no idea what they were doing.

Saturday, December 17, 2016

Eminent Domain Does Not Work

During the November 21st city council workshop meeting the city narrowed the offers for the sell of the current municipal golf course and delayed making a decision until January 2017 in order to investigate whether an eminent domain taking of the Ocean Breeze property would by legally and fiscally feasible.  The remaining offers under consideration are from GL Homes, Compson Development and Lennar.  Only the Lennar offer includes the city's acquisition of the Ocean Breeze golf course property which Lennar values at $10 million.

At last Tuesday's city council meeting GL Homes had their eminent domain attorney provide a presentation and a written legal opinion which concluded that the city could use eminent domain for acquiring the ocean breeze golf course property.  But, the legal opinion failed to include the relevant details of the current Boca Raton issues, that is, there is no mention of the possible costs to the city and it did not mention the city is selling a similar golf course for over $73 million.  Yes, the city could use eminent domain to acquire the closed ocean breeze golf course property is all this legal opinion concluded.

Now for the analysis on how eminent domain would work in this situation.  First, the city could use the "quick-take" provisions of this law in which the city would take control of the property and commit to a legal determination by a jury concerning the price the city would pay to Lennar/Wells Fargo.  While the city would hope for a price lower than the $10 million offered by Lennar in their offer to buy the current municipal golf course, it would be petted that Lennar would counter with a $70 million plus valuation based upon the selling price for the city's own golf course.

The city could counter that the ocean breeze property is subject to a deed restriction which prevents development so it should be valued as not developable land with minimal value.  Lennar could counter that the previous developer, MCZ Centrum, was able to amend the deed restriction for allowing over 200 homes in exchange for under $400,000 to adjacent condo associations. So Lennar could possibly offer $2-$4 million to the adjacent condo leaders and they could potentially amend the entire deed restriction for building 600+ homes on the property.  Accordingly, the legal determination for the value of the property would present a huge liability for the city which would not be recommended by the city manager who is responsible for the city budget.

As indicated by GL Homes attorney, the city could go through a basic eminent domain process without taking control of the property until after the process is completed (which could take years).  After this process is completed, if the city did  not want to pay the value established by the legal process, then the city could exit this process with their only costs being the legal fees of BOTH sides of the case.  This could be millions of dollars wasted and years of delay with no acquisition of the property by the city.  Again, this is a significant risk to the city budget and the lengthy delays in this process would not be politically popular with thousands of Boca Raton voters.

The bottom line is that $10 million is a specific valuation that the city would be reimbursed this amount by the Greater Boca Raton Beach & Parks District under their detailed letter to the city indicating how they would like to participate in the acquisition of the Ocean Breeze property in this process.  In conclusion, the eminent domain process would be a very risky proposition and NOT in the best interest of the city.

Tuesday, November 29, 2016

Beach & Park District Unhappy with City

Has the city reneged on an agreement with the Beach & Park District?  According to the comments by the District commissioners this week, the city has not cooperated with the District based upon an agreement 2 years ago regarding allowing the District to expand the De Hornle park with 4 additional soccer fields.  The city has provided a plan for this land adjacent to the southeast section of the park which indicates a police gun range and "skid track" instead of the 4 soccer fields.  These plans illustrated 2 smaller fields adjacent to the park, but not as big as the soccer fields expected in the agreement.  Who in the city had the horrible idea of placing a gun range next to a city park?

In exchange for the expansion of the De Hornle park land, the District promised to build artificial turf fields at patch reef park (or other city parks).  The District has funds budgeted for the expansion of the De Hornle park (across from the library on Spanish River Blvd.) and the upgrading of 3 soccer fields, but based upon comments at Monday's District meeting there are probably not a majority of commissioners who support spending $3 million for artificial turf since the city has not lived up to their part of the agreement.

There was also discussion about placing the artificial turf on another field, Lake Wyman park, which does not have good drainage and would naturally make more sense since this would increase the usefulness of this field.  But, since the city owns this park the District would need the cooperation of the city via another inter-local agreement.  Considering the lack of cooperation between the District and the city it is doubtful that they will cooperate on the Ocean Breeze property unless something significant changes / will the two city-backed(?) new commissioners to the District help with the relationship after their installation in January?

Sunday, November 27, 2016

Economic Impact of Public Golf in Boca Raton

A public golf course in Boca Raton can easily be illustrated by the popular credit card commercial:

     1) $300 / Plane  trip to Palm Beach Florida in the Winter
     2) $200 / night for a hotel in Boca Raton (Marriott, Embassy Suites or other hotels)
     3) $50 / dinner in Mizner Park with outside seating to enjoy the warm weather
     4) $50 / day for golf at Ocean Breeze Public golf course

Benefit to the city - PRICELESS

The above illustration can be multiplied by 3 since there are 3 separate 18 hole golf course configurations under the 27-hole design of the Ocean Breeze golf course.  Each day is a new challenge for the golfer who could play the North/South, North/East & East/South courses for 3 distinctly different experiences on a Public course inside Boca Raton.

The chamber of commerce should support this opportunity since this cooperative effort of the city & Park District would bring many tourists dollars to the business owners that are members of the chamber, including restaurants & hotels.

Friday, November 25, 2016

Resolution to Support Ocean Breeze by Council

At the Tuesday meeting Councilman Jeremy Rodgers introduced a nonbinding resolution to support the operation of the Ocean Breeze golf course with the cooperation of the city.  But, councilman Weinroth amended the resolution with the support of councilman Mullaugh (seconded the motion to amend) that removed the "cooperating/participation" by the city in the operation of the Ocean Breeze golf course.  This amendment by councilman Weinroth was not viewed favorably by Boca Teeca residents in the Tuesday city council audience and viewing at home. But, considering that councilman Weinroth clearly supports the Orthodox Jewish supported offer by Compson for the purchase of the municipal golf course, this should not be a surprise.  Politically it was difficult for the mayor or other council members to oppose the amendment with the council chambers still filled with the Orthodox Jewish speakers sitting in the audience as they would not want to upset this constituency on a nonbinding resolution.

The amended resolution passed unanimously to support the operation of a golf course on the Ocean Breeze property.  While is is better than no resolution, the amended version eliminated the apparent intent of the resolution that would have supported the Lennar offer for the acquisition of the municipal golf course and resulted in the city owning or participating with the Beach & Park Distrct in the acquisition, improvement and operation of the Roberts as a golf course.

The orthodox Jewish rabbis made a very compelling case for the quality education provided by the Torah academy located just west of Boca Raton Blvd. on Spanish River Blvd/40th Street.  The speeches described what a great educational facility this organization has provided to the city which is exactly why the city should want to keep the academy within the city and NOT cooperate with their departure from the city to a location west of the turnpike.

Wednesday, November 23, 2016

Orthodox Jewish Support Compson Proposal/city golf course

The orthodox Jewish community in Boca Raton had many speakers, including several rabbis, speak at the Tuesday city council meeting in support of the city to include the Compson Development offer for the final consideration in January.  This proposal includes a 26 acre Torah school that needs more space to grow so it would move from Boca Raton to the municipal golf course site.  The remainder of the municipal golf course site would be housing built by Compson Development.  This offer was below the price offered by GL Homes but councilman Weinroth was clearly the supporter of this proposal and he got the other council members to agree to consider this offer in the final meetings for the golf course sell.

This will be expected to make the final decision much more competitive as there will be an expectation of at least 20 speakers by the Torah academy at the January meeting.  These speakers were very impressive in their comments about how important the academy is for the development of good citizens, BUT why would the city want to lose the academy that would move west of the turnpike and no longer be in the city?  Several of the speakers were residents outside the city as their address was well west of the turnpike so this movement may reduce their commute but it will not help the city and will actually move their business outside of the city--the opposite of economic development.   Expect potentially a hundred speakers at the January meeting supporting this offer for the municipal golf course.

Monday, November 21, 2016

Getting Closer? /City Acquiring Ocean Breeze

Today's city council workshop narrowed the list of potential buyers of their municipal golf course to GL Homes and Lennar (includes the golf course swap of Ocean Breeze).  There were many good speeches by residents in support of the swap proposal but in the end there as discussion of acquiring the Ocean Breeze property via eminent domain, at a potentially lower pace than the $10 million price tag by Lennar.

In order to better examine the legal prospects of an eminent domain acquisition of  the Ocean Breeze property the council decided to seek expert advice before deciding on the offers.  At the end of this discussion councilman Mike Mullaugh stated that eminent domain would not apply since t requires that acquisition of the property can only be achieved via the e,intent domain recess which is NOT the case on the property since there is a current avenue of acquisition via the Lennar swap offer.

The other interesting event at this meeting was the proposed resolution by Jeremy Rodgers to bring public golf to Boca Raton which will be on the agenda for a vote at tomorrow night city council meeting.  Golfers and Boca Raton residents will be closely watching this vote.

Next meeting for considering the sell of the glades road golf course will be January as the city seeks definitive information on the eminent domain issue.  The Lennar representative and their attorney were visibly unhappy about the city's attempt to undermine their offer with the use of eminent domain.

Wednesday, November 16, 2016

Greg Norman Coming to Boca Teeca?

At the recent meeting of the Greater Boca Raton Beach & Park District an announcement was made that a letter was received from PGA golf professional Greg Norman which expressed an interest in operating a leaning facility at the Boca Teeca golf course if the city or park district acquired and upgraded the facility.  The park district has already indicated that they were interested in spending $10 million to upgrade the facility IF the city cooperated in the acquisition of the property.

The city had announced their intention to make a decision on this issue at their 11/22/16 meeting but the posted agenda does not include this issue on their agenda.  What is the city waiting for?  They watched the value of their current golf course plument the during the last recession, so they need to strike while the iron is hot and this unique opportunity is available!

Friday, November 11, 2016

Important Meetings/Save The Dates

The city has plans to announce the winning bidder for their current golf course on west glades road on Nov. 22nd at their 6pm meeting.  Supporters are encouraged to call & email the city council members on a professional and persistent basis prior to this meeting in order to seek the acquisition of the Boca Teeca golf course property as a part of this transaction.  This would be a Win-Win for the city and the residents.  The city would receive $51 million from Lennar and the residents would get a championship level golf course that would be IN the the city that would be owned by the Beach & Park District.  The Beach & Park District has stated that they would plan to spend approx &10 million on the improvement of this golf course which would be expected to bring this facility up to the high standards maintained by the District.

Residents are also encouraged to attend AND speak at the Nov. 22nd meeting as a strong show of support is critical to this process.

For more information and comments on this issue, please see the Facebook page of Boca Teeca (request to be a friend for full access on Facebook)

For more updates on citywide residential issues, please visit the web site of the largest residential organization in the city, Boca Watch, at www.bocawatch.org

Thursday, November 10, 2016

Election Results

City Referendum on waterfront development on city land
- Residents WIN as they prefer to preserve green space instead of the proposed Houston's restaurant.  An effort led by the chamber of commerce to defeat this proposal spent approx $300k to defeat this proposal, so thank you to the many residents who worked the early voting polls daily and the Election Day polls to defeat the chamber's political machine.  At the city council meetings prior to the vote there were many residents who spoke for hours to encourage the city council to support their efforts, but city council refused their pleas and appeared to be supporting the chamber's effort to build another restaurant on the old Wildflower property as the city rezoned the Wildflower land in anticipation of approving the restaurant.

Greater Boca Raton Beach & Park District
- Incumbents Earl Starkoff & Dr. Dennis Frisch were defeated by city-backed candidates Erin Wright (Hidden Valley resident) and Craig Ehrnst.  Congratulations to the new commissioners who worked the early voting polling location every day with the support of local firefighters (Erin is married to a firefighter).  In past communications with both new commissioners they have indicated their support for acquiring the Boca Teeca golf property by the District, so it will hopefully not have any impact our residential efforts to bring championship level golf back to the Public.  The beach & park district has a long history of acquiring, improving and operating land that was threatened by development and this is their legislated mandate to serve the residents of the District.  Public access championship golf within the city has not been possible for the last 40+ years, so this is a unique opportunity that should be supported by ALL elected officials.

For more details on city issues, please visit the web site of the largest residential focused organization in the city - www.bocawatch.org

Monday, October 10, 2016

New City Hall Complex Coming

The agenda for the upcoming city council meeting on 9/13 indicates that the city staff is recommending hirng an architectural firm in WPB, Song & Associates, "for professional planning & architectural services associated with the development of City of Boca Raton's Government Campus Master Plan."  This will be considered as resolution #119-2016 at this meeting which starts at 6pm.

It appears that the city leaders have already decided how they are going to spend the $40+ million the city will receive from selling the current municipal golf course on Glades Rd.  Is this what the voters of Boca Raton want from their local government leaders, that is, selling recreational facilities in exchange for a larger government complex?

Local Election Endorsements

Boca Teeca residents encourage all Boca Raton voters to support Earl Starkoff & Dennis Frisch for re-election as commissioners to the Greater Boca Raton Beach & Park District.  These commissioners have done an excellent job of building and maintaining the beaches and parks with our community and they should be re-elected based upon their commitment to continue working with the residents to meet their recreational needs in our growing city.

We also encourage voters to support the referendum on the waterfront properties which will provide more assurances of open space and access to the limited waterfront areas that are owned by our municipal government.  This referendum was put on the ballot thanks to the efforts of many residents who were not pleased with the direction the city leadership was taking on the former Wildflower property.  The entire city should support this referendum as an effort to show cooperation of all residents in the improvement of the residential character of our community.

Saturday, October 1, 2016

Call City Hall

Lennar nor Wells Fargo bank are maintaining the vacant ocean breeze golf property according to city code requirements.  Please call the city manager's office at 393-7708 in order to demand immediate action be taken to cut the grass and maintain the property.  There is also a potential public health concern as the vacant property could be a breeding area for mosquitos that carry the Zika virus.

Tuesday, September 27, 2016

Municipal Golf Course Sell Timeline

At yesterday's city council workshop meeting assistant city manager George Brown laid out a recommended process and timeline for the sell of the current municipal golf course on west glades road.  At tonight's city council meeting the city council will consider this recommended process and timeline, but in comments after the presentation most council members were in agreement with the process and time recommended.

Timeline:
10/21/16 - Best Offer submissions due from interested buyers
11/22/16 - City Council considers offers & selects buyer
               - Revised offers may be made up until this meeting vote, so expect some last minute
                  maneuvering by the several interested buyers

The presentation also provided information on the estimated cost to refurbish the Ocean Breeze course should the city acquire this during the process:
 $6 million to rehab & open "as is"
 $12 million to reopen as a quality municipal golf course
 $20 million to reopen as a world class golf course

At tonight's city council meeting, at the end of the meeting, the city council will direct the city staff toward the process and timeline as recommended by George Brown.   This appears to be a fairly good process but in order to protect the city it is suggested that at least 10% of the purchase price should be a non-refundable deposit in order to encourage the buyer to process the county development approvals on a timely basis so this transaction will close upon those approvals being obtained.

Saturday, September 24, 2016

EBAY OR BUST

After waiting over a month for a detailed analysis by city staff of the offers for the city's municipal golf course, the only staff publication on this issue is a bigger spreadsheet of offers.  Similar to an EBay auction, there will be expected to be more offers gradually to be received by the city until they set a specific deadline at which time the inerested buyers submit their best offers at the last minute.
Maybe the city should try EBay for the selling process?

Tuesday, September 13, 2016

Wells Fargo Fined $185 million

Wells Fargo has been fined $185 million for systematic consumer activites thT resulted in their opening around 565,000 credit card accounts without the authorization by their clients.  Could this consumer failing also involve other credit issues, such as mortgages?

This does not appear to be a trustworthy financial institution, so if you are still doing business with them, then you better watch your statements carefully, both checking and loan statements.

Could Wells Fargo be less than trustworthy on their lending relationship to Boca Raton area residents?

Saturday, August 13, 2016

Beach & Park District Candidate Forum

Residents filled the large community center room for the Boca Watch sponsored debate by the 6 candidates for the 2 seats.  While all 6 candidates were in favor of saving green space there were some notable differences in their support, or lack thereof, for acquiring and operating the closed Boca Teeca golf course property.

Two candidates stood above the crowd as they clearly understood the importance of this issue and the benefits to the entire community.  Incumbent commissioners Dennis Frisch & Earl Starkoff were both  more aware of the issues facing the district and providing clear solutions that are within their power to implement, as compared to broad generalizations and finger pointing by their challengers.  None of the challengers had even attended a full meeting of the beach & park district which was demonstrated in their lack of knowledge about the details of many issues under the control of the District.

Two challengers are being heavily supported in their campaign finances by fire fighter unions from around the state which certainly raised questions about their motivations for being elected to the district.  Forum moderator Randy Schultz of the Sun Sentinel questioned these campaign finance issues, but there was not a clear answer from the 2 challengers.  What do fire fighters have to do with the recreational mandates of the Greater Boca Raton Beach & Park District (GBRBPD)?

At least one residential group announced their endorsement of the incumbents Frisch & Starkoff as the candidates recommended for their members and supporters of Keep Golf in Boca.

Tuesday, August 9, 2016

Cry Council Recap/BTUOA Finally Listening to Neighbors?

The BTUOA leaders appear to have got the message from being yelled at during their past several meetings, as their neighbors screamed that they wanted no development on the now closed Ocean Breeze golf course.  Audrey Swartz--Dineen stated the BTUOA represented all BTUOA residents (NOT!) in supporting the Ocean Breeze golf course acquisition by the city in the process of selling the municipal golf course.  BTUOA leader Doug Coller stated that he also supported the deal for Ocean Breeze golf course and he was "elected" to his position on the BTUOA board - LOL/those ballots must've been lost in the mail to their "members".

Assistant city manager George Brown will be analyzing the various offers to buy the city municipal golf course which includes an offer by Lennar to swap the Ocean Breeze golf course for the municipal golf course located west of the Florida turnpike on Glades Road.  Will George Brown & city leaders be able to get some concessions from Lennar in these negotiations? / Boca Teeca residents are not pleased with the prospect of being in limbo for 2 years during this contingency period, as Lennar would be seeking development approvals from palm beach county before closing the transaction and transferring title on the ocean breeze golf course to the city.

What are your thoughts and suggestions?

Monday, August 8, 2016

City Council Recap/Ocean Breeze

Today's city council workshop meeting resulted in the city manager being tasked with analyzing the numerous offers for the municipal golf course located west of the turnpike and reporting back in approx 30 days with his recommendation.  Only the Lennar proposal included a swap of the city golf course for the ocean breeze golf course.

The best comment from residents was by Lenore Wachtel who recommended that any offer to buy the city golf course should be contingent upon the transaction including the transfer of the Ocean Breeze golf course to the city.

Was it surprising that there were no endorsements of the last "Lennar" offer by Boca Teeca residents?(which included the swap of the golf course). But, what can Lennar expect when they offer to build a moat and hundreds of houses on the ocean breeze golf course?  Or, maybe it was their lack of transparency on the contract to buy the golf course from Wells Fargo?  Or, could it be that Lennar is believed to be behind the closing of the golf course in order to "encourage" owners to cooperate with their development proposal?  Or, could it be the lack of irrigation on the golf course since July 1st which has resulted in a browning meadow?

What are your recommendations for encouraging the city to acquire the ocean breeze golf course?  Should Boca Teeca residents email city council members and George Brown (gbrown@myboca.us) in order to request they negotiate on behalf of all residents to provide an expedited acquisition of the Boca Teeca golf course property in order to assure a smooth transition from the West Glades Rd. golf course?

Friday, August 5, 2016

City Council Meeting Tues, 8/9 at 2pm

More news on the potential deal for the land swap of the Ocean Breeze/Boca Teeca golf course for the city's current golf course located west of the turnpike, as the city council will be reviewing the various offers for the current golf course, including the revised Lennar offer that includes the swap of the 2 golf course properties, plus over $30 million in cash.  But, there are several others offers also under consideration as detailed on the city's agenda for this meeting.

There will be an opportunity for public comments before this issue is discussed by the council members, so if you are able to attend and would like to provide your support for this general concept of swapping golf courses, then this is your opportunity.  If you are unable to attend or do not want to speak at the meeting, then supporters are encouraged to email their supporting comments to the city leaders c/o Mayor Susan Hainey at shainey@myboca.us / support a negotiated agreement with Lennar that includes the transfer of the ocean breeze property to the city.

The agenda for the city council workshop includes all offers and a summary of the offers by the city manager.  While the swap of properties is a good concept, it would appear that additional negotiation is warranted as the Lennar offer appears more 1-sided in favor of Lennar based upon all their contingencies that must be met within specific timelines or the deal may be cancelled by Lennar.

Accordingly, it would appear a better win-win-win transaction if all parties were treated more equally as the city, the Boca Raton residents and Lennar should have benefits to a negotiated agreement.  It would appear fairer if Lennar were to provide the city a 10% deposit of the total offer, including the transfer of the Ocean Breeze property upon the completion of the inspection period but no later than 60 days from the date of the agreement.  The balance of the revised offer would be paid by Lennar upon approvals for development on a timeline that requires consistent efforts by Lennar to obtain such approvals with 24 months of the inspection.

Today another revised offer has been received from Toll Brothers which is for $1 million more than the revised Lennar offer and the Toll Bros offer does NOT include the ocean breeze property.   Today's revised Toll Bros offer is significantly different from their previous offer which only sought to acquire a small portion of the city's golf property.

Assistant city manager George Brown has provided an excellent summary and spreadsheet on the numerous offers which can be viewed online under the city meetings page/agenda which includes links to each detailed offer and the summary of the offers.  It is expected that city council members may discuss these various offers and potentially give direction to the city staff & city attorney to negotiate an agreement that meets the objectives and fiduciary requirements of the city in such asset sell transactions.

As noted above me please communicate via email your preference for a negotiated agreement that includes the exchange of the 2 golf course properties which be in the best interest of the city residents (bring public golf into the city), the city (will pocket several million dollars) and the developer/Lennar (profitable business transaction).  Everyone should be a winner in this successful business agreement.


Thursday, August 4, 2016

Boca Teeca Does Not Want To Be Held Hostage

Boca Teeca residents would be held hostage under the terms of the proposed offer by Lennar to buy the city's municipal golf course west of the turnpike which includes the swap of the Boca Teeca/Ocean Breeze golf course property.  The purchase price offered by Lennar is $37.5 million and is based upon a minimum of 400 home sites and 200 multi-family units to be approved by Palm beach county on the turnpike area golf course property.

Furthermore, the consummation of the transaction is based upon all development approvals being final, with all appeals periods having expired and no pending appeals.  Lennar anticipates that it will take 15-18 months to secure all Approvals .  The closing of the transaction is also subject to an inspection period of 60 days from the effective date of the agreement  and the closing must take place within 21 months from the end of the inspection period.

WOW! There are enough loopholes in this agreement to drive a truck through and during this entire period of approximately 2 years the Boca Raton residents will NOT have a championship level golf course within the city.  Residents in Boca Teeca are going to be held hostage for a minimum of 2 years and of course there is no guarantee that these terms will be met and the whole deal could be voided after approx 2 years of waiting.

This is NOT a good deal for Boca Teeca residents who have already demonstrated that they are not going to amend the deed restriction on the golf course property, so there will need to be some significant improvements in this agreement before 2,500 Boca Teeca residents will be able to support this deal.  Come on Lennar, you don't really expect the city to allow all these "voters " to be held hostage for 2 years!

Saturday, July 30, 2016

Golf Course "Contingencies" in Lennar Offer

It would appear that the "contingencies" in Lennar's offer to buy the current city golf course (on Glades Road west of the turnpike) may simply be a maneuver by Lennar to quiet Boca Teeca residents who are being asked to trust them.  But, the primary contingency assumes that Lennar could obtain Palm Beach county approval (not guaranteed) which if that does not happen then residents of Boca Teeca find out 2-3 years from now that Lennar owns the Boca Teeca golf course and there is no deal.

Also, since the city already has higher offers for the current municipal golf course, there is no guarantee that the city council will accept a lower Lennar offer that includes the Boca Teeca swap.  The city normally has a process of requesting official offers. (RFP) on city owned assets they are planning to sell.  This process has not officially started even though they have allowed developers to have access to the city golf course for doing environmental testing via soil and ground water.  Thus is expected tests since it is common for south Florida golf courses to have excessive levels of arsenic (carcinogenic) in the soil and ground water.  This is also the situation on the Boca Teeca golf course which is currently required to be monitored on an ongoing basis by the Florida dept of Environmental Protection (FDEP).

Are Boca Teeca residents content for waiting for a deal that may never happen or take several years?

Wednesday, July 27, 2016

Lennar Offer Details

Lennar's revised offer to buy the city municipal golf course has a major contingency clause:

The closing of the transaction is contingent upon Lennar obtaining approvals for their residential development on the current golf course which would be expected to occur in approx 2 years!

These terms would result in the city being without a PUBLIC golf course for approx 4 years since it will take another 2 years to rehab/fix the golf course after Lennar/Wells Fargo doesn't maintain it for the next 2 years.

What are your thoughts on this issue?

Tuesday, July 26, 2016

City Council Meeting - Good News

Tonight's marathon city council meeting included excellent presentations by Boca Teeca residents Dottie, Harold, Cil & Robert as they expressed the will of the community opposing ANY development on the golf course.  After these speeches the Mayor announced that Lennar had submitted a proposal to swap the Boca Teeca golf course for the current municipal golf course on west Glades Rd., plus cash consideration by Lennar.  While Mayor Hainey and Councilman Ridgers were very positive on this proposal, there is still more details that have be resolved,including acceptance of the deal by a majority of the city council/ will councilmen Mullaugh, Weinroth & Singer agree to the deal?

While this is certainly a great move toward a resolution of the now closed golf course, the devil is in the details and the city must be made aware that the residents only want a 27 hole golf course on this property.  Accordingly, active residents of Keep Golf in Boca will continue to collect petitions from residents demonstrating their continued adamant opposition to any use on the property other than a golf course.

Wednesday, July 20, 2016

Lennar - Show Us the $$$

Lennar needs to show us the money if they are serious about wanting Boca Teeca residents to hand over the deed restriction so they can build on the golf course property.  How much money will it take to get a majority of residents to sign away their rights to the residential environment?

Lennar could start buying condo units at current market prices or they could offer $50k/each unit, but the $220/unit that MCZ offered with the support of the BTUOA & condo leaders is NOT going to work this time!  First, the last few public meetings of the BTUOA have been very good at bringing together many residents to oppose their lame support for negotiating with Lennar.  There have not been a sufficient number of condo leaders in attendance to even have a quorum at their last 2 meetings, which may be an illustration of the growing discontent for the 3 BTUOA leaders who claim incorrectly that they represent all residents of Boca Teeca.

Lastly, condo associations have ZERO rights in the deed restriction issue since only property owners have a vote in the deed restriction issue and many condo associations do not own even 1 unit.  Several of the condo associations that gave funds to the BTUOA are now regretting that support and are actively helping gather the petitions to oppose any change in the deed restriction.

Friday, July 15, 2016

Where are Lennar & Wells Fargo reps?

Lennar representative Bruce Grundt has not attended the last 2 public meetings of the BTUOA / since the May meeting where he presented a "moat" concept which was not received favorably by the audience of Boca Teeca residents.  See the "moat" rendering in the May post on this web site.

Mr. Grundt does not appear to be too interested in the feedback being generated by the recent grassroots efforts to organize against ANY development on the Ocean Breeze golf course.  The Boca Teeca residents are quickly being educated that they have control of the deed restriction that blocks ANY development and ANY USE other than a golf course on the ocean breeze golf course.  In order to make sure that Mr. Grundt understands that a growing number of residents actively oppose ANY development, please email him at Bruce.grundt@lennar.com to express your opposition to ANY Lennar proposal.

Marc Curtis is located in the North Carolina office of Wells Fargo & he hears from his sources in Boca Raton, but apparently he is not hearing from Boca Teeca residents since his comments are consistently in support of Lennar.  Accordingly, please cc Marc.curtis@wellsfargo.com on your opposition emails to Mr. Grundt.

Maybe these reps are still being misguided by the less than 10 residents supporting BTUOA who claim incorrectly to be representing all residents of Boca Teeca, so it is important to let these reps hear from the majority of residents who are actively opposing ANY development on the ocean breeze golf course.

Tuesday, July 12, 2016

Update / Petitions & Lennar

Thank you Boca Teeca neighbors for showing your support in assisting with the collection of petitions from your neighbors.  In only a few weeks there have been over 500 petitions collected from Boca Teeca property owners.  By comparison it took MCZ over a year to collect under 1,000 forms as they plied our neighbors with free food & drinks at the clubhouse.

Our organizational efforts have increased considerably thanks to the near unanimous opposition to ANY development on the golf course.  Vocal supporters have sprung up at public meetings as it has been a true rallying cry of Golf, Grass or Kiss Our A$$.

There have been some behind-the-scenes talk that the city would like to use a portion of the golf course for other recreational uses, but even BTUOA leaders expressed their opposition against any ball fields behind their condo on the East golf course.  While there were heated discussions at a recent meeting of Boca Teeca owners, it was clear that over 90% of those in attendance actively opposed any development and readily signed the petition opposing any development.

So, what does all of this mean to Lennar?  Well, it appears that Lennar is sticking with their moat proposal as indications are that they plan to close on their contract to buy the property in spite of the deed restriction support by residents.  Maybe Boca Teeca residents will need to start picketing some Lennar developments on weekends, or expand their anti-Lennar campaign on social media?

Thursday, June 30, 2016

Petition vs. Lennar Purchase of Golf Course

Lennar and Wells Fargo contract decisions to buy/sell the golf course is completely independent of the current petition drive by residents opposing the development on the golf course.  Regardless of the number of petitions that are signed opposing any development on the property, Lennar may close on their contract and buy the property.  Hence, the success of the petition drive opposing the development may not prevent the sell of the property to Lennar, but the petition will indicate that they have an uphill battle to convince residents to eliminate the deed restriction.  This could be career suicide of the Lennar employees that are rcommending the company buy this land, but maybe these employees believe the risk/reward is worth the gamble.

Over the past few days there have been comments about Lennar or Wells Fargo commencing a civil lawsuit versus residents opposing the development, but since none of these residents are engaged in any illegal activity, this possibility would appear remote and would only increase the already negative perception of Lennar within the Boca Teeca community.

If there were the risk of a civil lawsuit by Lennar, then it could possibly be versus the BTUOA for misrepresentation their representation of Boca Teeca residents and incorrectly giving Lennar the perception that residents were in favor of amending or deleting the deed restriction on the golf course.   Could this be the reason Doug mentioned at a recent meeting that the BTUOA is in the process of buying liability insurance to protect their officers and directors?

FAQs re: Lennar & Wells Fargo

There have been questions swirling around the Boca Teeca community regarding the petition and what is going on with Wells Fargo sell of the property to Lennar, so here are answers to many of these questions:

1) Is Wells Fargo selling the golf course to Lennar?
Answer:  Wells Fargo has stated that they have a contract to sell the property to Lennar and Lennar rep. Bruce Grundt (Bruce.Grundt@Lennar.com) has confirmed that there are several contingencies to this contract.

2) What contingencies are involved in this contract?
Answer: Neither company will be transparent on this issue and when asked about these contingencies they have refused to provide an answer.  Obviously not cooperating with residents.

3) Is Wells Fargo aware that the city of Boca Raton has discussed favorably the possibility of acquiring the propert?
Answer: Yes, they have confirmed that they are aware the city is interested in acquiring the property, per there awareness of this issue being discussed at the May 10, 2016 city council meeting.

4) Why is Lennar continuing the purchase process when they have heard that the large majority of residents actively oppose their moat development concept and oppose any development on the golf course/are they aware that Boca Teeca property owners control the use of the property via the recorded deed restriction that requires the use to be only as a golf course?
Answer: Yes, Lennar is aware of the deed restriction controlled by property owners within Boca Teeca.  Lennar is not transparent in their reasoning on the purchase, expect that thy want to build on all of the golf course property.

5) Is Lennar representative Bruce Grundt is planning to retire, or commit career suicide by pursuing this acquisition, OR is Lennar simply trying to make Boca Teeca residents their lobbyists at the city council in an attempt to swap the Ocean Breeze golf course for the current municipal golf course and achieve a large discount on the purchase price of the current municipal golf course?


Tuesday, June 28, 2016

Petitions for Opposing ALL Development on Ocean Breeze Golf Course

Residents in Boca Teeca have conducted numerous surveys and the results have consistently resulted in over 90% of residents opposing ALL development on the Ocean Breeze golf course.  In order to document this officially for city officials, Lennar & Wells Fargo, the residents are asking for your support by signing a petition stating that you oppose ALL development on the golf course.  Please email us at bocaresidents@gmail.com and we will email you a petition to sign and return.

Thank you for your support.

Tuesday, June 21, 2016

Beach & Park District Supports Ocean Breeze Purchase

At the 6/20 meeting of the Greater Boca Raton Beach & Parks District all commissioners announced their support for the purchase of the Ocean Breeze golf course by the city with cooperation by the district.  The issue will be on the agenda at the next meeting for a resolution or other action to be considered by the district.

WOW - this is a major milestone in support for keeping the Boca Teeca golf course as a public facility.  But, it must be noted that the city is not specter o take action quickly as demonstrated by the lack of cooperation between the park district & the city which has delayed for over a year the expansion of the new Spanish River Blvd. Park "on city owned land".  This stalemate appears to be over money and how the interlocal agreement between these two elected bodies has been frustrating to local soccer organizations, SABR, since they having a limited number of fields for the growing number of children programs.

Commissioners also noted that this may only happen IF the city decides to sell the current golf course on west glades road which is well outside the city limits.  Based upon a letter and appraisal submitted to the city by Lennar, the current municipal golf course could net the city over $20 million if Lennar can get development approvals form palm beach county.  City council member Jeremy Rodgers mentioned that property could be valued at up to $50 million and there have been reports that other developers are interested in the property.

What does this mean for Boca Teeca residents?
The elected officials are cooperating, but Wells Fargo has a contingent contract with Lennar, s it would be necessary for Lennar and Wells Fargo to cooperate with the city in order for the deal to get done.  Meanwhile Wells Fargo is planning to pull the plug on the Ocean Breeze golf operation and the property will be vacated as of 7/1.  Residents may communicate their complaints to Wells Fargo by sending emails to the Wells Fargo chairman - john.g.stumpf@wellsfargo.com with a cc to the Wells Fargo VP responsible for the decision to close the course- marc.curtis@wellsfargo.com

Saturday, June 18, 2016

Boca Teeca Residents are Pawns in Lennar-Wells Fargo Chess Game

Today's SunSentinel article on the golf course reveals more information about the possible chess strategy that Lennar (and their local legal representative, Mitch Kirschner) are playing with the city.  The news article notes that Lennar has made an offer of $28 million to buy the current municipal golf course located on west Glades road contingent upon development approval (from PB county) to build at least 400 homes.  Approval is contingent upon PB county approval since this property is not located within the city of Boca Raton and is in the unincorporated area of the county/west of the turnpike.

It appears that Boca Teeca residents are the pawns in this chess match as Lennar/Wells Fargo has announced the closure of the golf course as of 7/1, BUT, will this backfire on Wells Fargo as residents & customers can pocket or withdraw funds from Wells Fargo if they do not like being a pawn of the large bank.  Unhappy residents may want to complain to their local Wells Fargo branch managers and/or send an email to chairman John Stumpf at john.g.stumpf@wellsfargo.com.  Complaints may also be sent to Marc.Curtis@wellsfargo.com since he is their chess player that oversees the ocean breeze golf course property and made the decision to close the course on July 1st.

City councilman Jeremy Rodgers was also cited in the SunSentinel article as saying that the current municipal golf course is worth closer to $50 million.  There is also a reported interest in the current city owned golf course by developer Toll Brothers.

Why the interest in selling the current city golf course?  This property was acquired many years ago and  was developed when there were few homes or other public golf courses in the area.  Subsequently Palm Beach county has built/acquired 2 courses in the west Boca Raton area, Southwinds and Osprey Point.  The Osprey Point golf course has 27 holes of championship level golf and has been acclaimed as one of the best public courses in the state of Florida.  The popularity of the nearby Osprey Point golf course has probably had a negative impact on the number of rounds played at the current Boca Raton municipal golf course.  Osprey Point golf course is also located on Glades road in west Boca Raton.

Tuesday, June 14, 2016

Golf, Grass or Kiss My A$$

A meeting this week of a group of Boca Teeca residents resulting is a rallying slogan for the approximate 90+% of residents who opposed any amendment of the deed restriction on the ocean breeze golf course, Golf Grass or Kiss My A$$

In addition to giving a pulse of the residents opinion on amending the deed restriction there were a few other news worthy issues:

1) Lennar is not willing to be transparent with their efforts to sell residents on their proposal for a moat with views of rooftops, as they have refused to disclose the contingency terms of their contract to buy the property from Wells Fargo.  Sources have indicated that Lennar is responsible for the decision to close the golf course in their effort to pressure owners to agree to a deal.  This lack of cooperation by Bruce Grundt of Lennar us only solidifying the residents around the rallying slogan, so feel free to email the slogan to Bruce.grundt@lennar.com

2). The self appointed ladders of BTUOA have been unable to turn on the public comment function on their news blog due to the numerous foul comments posted by visitors.  Maybe they should listen to these neighbors who adamantly reject being represented by this self appointed small group of residents?
 * Self appointed leader, Sally Friedman, did state that she opposed the development proposal, but that the city was not interested in acquiring the golf course.  Later that same day the Boca Raton city council had multiple members show interest in having the city cooperate with the beach & park district in acquiring the golf course.  DUH, why is anyone still listening to her?

3) Condo #4 disclosed that they did a poll of their residents and only 2 out of over 160 owners were in favor of any development on the golf course.  This is noteworthy as this was the building that former BTUOA leader Shirkey Svhnuer resided for many years.  It was interesting that several residents in attendance from this building never heard of BTUOA until the meeting and were appalled  to learn that the few BTUOA offcers present were claiming to represent them in discussions with the city and Lennar.

4) A discussion on the process of potentially amending the deed restriction resulted in several opposition opinions, including "why are non-elected residents (BTUOA) even talking to Lennar when clearly there is no interest and this group does not represent anyone but themselves.  Also, there should be a requirement iof transparency by Lennar during this process and all signatures must be required to be notarized, unlike the process by MCZ Centeum almost 10 years ago.

5) Lennar rep. Bruce Grundt is planning to continue his efforts by meeting secretly with selective condo associations in the next few weeks.  Again, it is suggested that Boca Teeca neighbors send emails to Bruce.grundt@lennar.com expressing their complete lack of interest in cooperating with Lennar and their ridiculous moat development proposal.

6) The next meeting of the BTUOA will be the 2nd Tuesday in July and will be held at the community center annex building/near city hall...at the same 2:30pm time, in spite of several suggestions by residents to schedule the meetings after normal business hours so more residents could attend and provide input.  The August meeting is also scheduled for the same location near city hall on the 2nd Tuesday at 2:30pm.

What are your comments or suggestions?

City Council Interested in Boca Teeca Golf Course

Maybe the recent Facebook post of a pic of councilman Jetemy Rodgers, his son and mayor Haynie's husband, Neil Haynie was an indication of the interest in the city officials acquiring the ocean breeze golf course in order to retain public chamionship level golf in Boca Raton.  At tonight's city council meeting there were multiple city council members who brought up the issue of a cooperative effort between the city and the beach & park district for acquiring the golf course.  Thank you councilman Rodgets for klaus tensing to residents of Boca Teeca who have sought a solution to the golf course closing at the end of the month.  Send an email to councilman Rodgers to thank him for his lead ship in this effort - jrodgers@myboca.us

Saturday, June 11, 2016

Mortgage Benefit to BTUOA Leader

Does it sound unusual that Wells Fargo bank would provide a $390,000 home equity loan on Sallie Friedman's Boca Teeca condo which is estimated value at $150k-$200k?  This mortgage was filed in the Palm Beach official records during the previous deed restriction amendment process, so is it a quid pro quo that Sallie has been supporting Wells Fargo bank and their sell of the golf course to Lennar?

What are your thoughts on the appearances of this issue?

Councilman Jeremy Rodgers Supports retaining golf in Boca Teeca

Boca Raton City Councilman Jeremy Rodgers posted the following on his Facebook page today which indicates his support for the city and beach & park district to buy the golf course and maintain championship level public golf in Boca Raton:

Reportedly The Ocean Breeze Golf and Country Club [Boca Teeca] is under foreclosure and will be closing soon. It is zoned recreation. This is a possible once in a lifetime opportunity to keep golf in Boca. Some families live in golf neighborhoods. Many, like ours, do not, and there are few spots for young families to learn golf in the city. Boca's current 18 hole municipal course is outside of the city and west of the Turnpike.

There may be another option. Whether it's City of Boca Raton, FL Government, Greater Boca Raton Beach District, a non-profit, a private investor, or a joint venture .. should a publicly playable championship course be kept in the city?

What do you think??
*Email councilman Rodgers at jrodgers@ci.boca-raton.fl.us
**Post your comment on this web site
***Post your comment on Facebook under Boca Teeca or Councilman Rodgers page

Environmental Testing Underway

For those neighbors who have expressed concerns about hazardous chemicals in the soil on the Ocean Breeze golf course, this week Lennar's environmental contractor has been on the property drilling for soil and ground water testing, aka, environmental phase 1 & 2 testing.  The Florida dept. of environmental protection (FDEP) has been monitoring this property for the past several years, under the supervision of Bill Ruckert (561-681-6600).  The FDEP had required some soil remediation near the maintenance shed on the south course and their monitoring has been limited to this area of the property.

Considering that golf course conversions are not a new development, it would be expected that large developers such as Lennar are well aware of these risks and there may be a clause in their contract with Wells Fargo that addresses this issue.  Unfortunately, the city of Boca Raton has not follows the actions of broward county in requiring the environmental testing to be a requirement for their development proposals, so the results of these tests may not be as transparent as residents would desire during this process, that is, the property owner is not required to disclose these results to the city or the nearby residents.

Friday, June 3, 2016

Beach & Parks District Support/Commissioner Starkoff

Long time commissioner Earl Starkoff of the Greater Boca Raton Beach & Parks District has announced his support of the local government acquisition of the Ocean Breeze golf course property. In a communication to several residents of Boca Teeca, Commissioner Starkoff wrote to Boca Teeca residents who attended the recent meeting:

It was nice to meet/see you at our meeting last week.

Please keep us in mind if the City seeks to purchase the golf course to address your request. We have assisted the City with land acquisitions in the past, and we should consider what role we could play to help finance the acquisition.

Best,

Earl

Earl L. Starkoff
Commissioner
Greater Boca Raton Beach & Park District
300 S. Military Trail
Boca Raton, FL 33486
----------------------------------------------------------------------------------------
How will the city council members respond to this support for retaining this property for golf course use?  Will the city leaders cooperate with Boca Teeca residents and the Beach & Park District, or will they only see dollar signs from more tax revenue generated by more development?

Stay tuned, this should be interesting as this issue plays out over the next several months which leads up to the March election of some city council members and the upcoming vote on city's council salaries.

Supporters of keeping the Ocean Breeze property as a golf course may wish to contact city council members and commissioners of the Greater Boca Raton Beach & Parks District at:

Mayor Susan Haynie - shaynie@ci.boca-raton.fl.us
Councilman Mullaugh - mmullaugh@ci.boca-raton.fl.us
Councilman Singer - ssinger@ci.boca-raton.fl.us
Councilman Rodgers - jrodgers@ci.boca-raton.fl.us
Councilman Weinroth - rweinroth@ci.boca-raton.fl.us

Beach & Parks District Commissioners:
Earl Starkoff - estarkoff@mybocaparks.org
Bob Rollins - rrollins@mybocaparks.org
Steve Engel - sengel@mybocaparks.org
Dr. Dennis Frisch - dfrisch@mybocaparks.org
Susan Vogelgesang - svogelgesang@mybocaparks.org

The next 2 meetings of the beach & park district are scheduled for Monday 6/6 & 6/20 at 5:15pm at the offices of the district located at Sugar Sand park (military trail-south of palmetto park rd).  Should you wish to thank Commissioner Starkoff and ask for additional support of the district, then you may want to give brief remarks at the beginning of the agenda during the public comment period.

It must be noted that the Greater Boca Raton Beach & Parks District is NOT a dept of the city but they do cooperate with the city in the acquisition, improvement and maintenance of district-owned properties.  The park district boundaries covers approximately 25,000 additional residents more than the city limits which mostly comprises the Boca del mar subdivision.

Survey - Residents Oppose Development!

For the past several days there has been a survey of over 700 Boca Raton residents who are signed up for this neighborhood web site, NextDoor.  The survey basically asks if residents are for or against development on the Boca Teca/Ocean Breeze golf course.  The survey has over 90% of participants opposing the development.

This is the first survey that has been open to the public and this clearly demonstrates that residents overwhelmingly oppose any development on the golf course.  What will it take for Wells Fargo bank staff to to recognize that residents control the deed restriction on the property and residents are not going to approve any change in the deed restriction that will allow any development?

Let Wells Fargo know your opinion by calling your local branch or sending emails to Wells Fargo:
Chairman - John.stumpf@wellsfargo.com
Local branch - reberto.diaz@wellsfargo.com (branch at Congress Ave. & Yamato Rd)
Regional Manager - Saira.jacobs@wellsfargo.com (assistant to Joe Atkinson/FL V.P.)

Sunday, May 22, 2016

DEED Restriction Explained on Ocean Breeze Golf Course

There have a lot of misperceptions on the deed restriction on the Ocean Breeze golf course, formerly known as the Boca Teeca golf course.  The deed restriction was filed in the official records of the Palm Beach County clerk's office on Sept. 25th, 1974 and is officially located at book # 2353 and pages 653 to 659.  While the entire document is readily available online, below is the relevant text to current unit owners in the "Boca Teeca subdivision, comprising sections 1 through 5 and also including the tract of land comprising the golf course adjacent thereto:"

Whereas, Boca Teeca Corp., desires to restrict the use of the tract of land comprising the golf course and to limit the same to be used as a golf course facility for the benefit and protection of said subdivision...

Now, Therefore, in consideration of the mutual benefits to be derived by the developer and the several purchasers of property in said subdivision, the said Boca Teeca Corp hereby declare to and agrees with each and every person or other legal entity who presently owns property in said subdivision and persons or other legal entities who shall become owners in the future, that Boca Teeca Corp shall be bound by the following covenants, to wit:

     1. Legal Description:  The parcel of land burdened by these covenants shall comprise the entire tract of land described as:  Boca Teeca Golf Course, Boca Raton, Florida (the legal description of which is set forth on Exhibit "A," attached and made a part hereof).

     2. Use.  The subject tract of land shall be used only for the purpose of a golf course facility.

     3. Covenants Running With The Land:  These covenants , restrictions and reservations shall be considered and construed as covenants, restrictions and reservations running with the land and the same shall be binding upon and be for the benefit and burden of the Boca Teeca Corp, its successors and assigns and each and every person or other legal entity presently owning property in Sections 1, 2, 3, 4, and 5, of Boca Teeca subdivision and persons or other legal entities who may become owners in the future, their heirs, legal representatives, successors and assigns.

     4. Duration of Restrictions:  These restrictions are imposed in perpetuity.

     5.  Amendment:  This Declaration may be amended, modified or terminated at any time with the consent of the developer, the Boca Teeca Corp, its successors and assigns, and a majority of the then owners of condominium apartments, residential lots or other parcels located within Sections 1 through 5, Boca Teeca subdivision.  The instrument of amendment, modification or termination must be in writing and be recorded to become effective.

Explanation & Clarification of Above Deed Restriction:

1) There is no reference to a "vote" for the amendment or termination, so there is not a vote required in a similar manner that unit owners may experience with their condo associations.  The previous amendment attempt was conducted in 2007 and involved a legal consent document that was distributed by the successor owner, MCZ Centrum affiliated LLC, and subsequently recorded in the Palm Beach County official records on 9/10/2007.   This development was approved by the city, but this approval expired in April 2015 & it is the opinion of Lennar that this amendment is voided per their presentation on May 10th at the Ocean Breeze clubhouse.

2) There is no reference to condo associations, nor their board of directors.  Accordingly, these organizations have no jurisdiction over this matter and are only involved to the extent that the association owns 1 or more units since these deeded legal rights only apply to property owners in the Boca Teeca subdivision.








Saturday, May 14, 2016

Secret Wish List of BTUOA

ONE BOARD PRESIDENT REVEALED IN A RECENT NEWSLETTER TO THEIR HOMEOWNERS THAT ITEMS WERE GIVEN TO LENNAR TO WHAT THE OWNERS WOULD WANT IN EXCHANGE TO LIFT ALL DEED RESTRICTIONS. THIS HAS BEEN REFERRED TO AS THE RUMORED WISH LIST

HERE THEY ARE:

NIGHT SECURITY (needed for our several hundred nearby neighbors)

SOCIAL CENTER WITH KITCHENS LOCKERS WORKOUT EQUIPMENT AND CARD  & GAME ROOMS

SIDEWALKS ALL OVER THE PLACE (obviously if 4 lanes of traffic are a must) CROSSWALKS (obviously if 4 lanes)

NEW CONDO SIGNS,

 LANDSCAPING FOR YAMATO (obviously if 4 lanes of traffic)

GARDEN (nothing like group gardening)

PICKLE BALL (because we have many pickle ball players in boca teeca)

CASH (bribe money for each associations pet peeve project)

CASH - REALLY

If you have wishes you might want to let this self appointed BTUOA know what they are.  It is interesting that the BTUOA leaders did not mention one word about these items at their last meeting--so their secretive agenda continues without a survey of residents about their preferences.  Most of the unit owners in attendance at the May 10th meeting were clearly against the BTUOA and  any development of the golf course.  What are you suggestions?

Wednesday, May 11, 2016

Alternative to Lennar & BTUOA

At the 5/10 meeting with Lennar there was a question about what alternatives are available to the Lennar development proposal, but the BTUOA leaders did not have a response.  Did they consider any alternatives?

The obvious alternative is to allow Wells Fargo to close the golf course as the city code will require maintenance of the property including a maximum height of the grass at 8 inches.  Based upon the negative reaction to the weak Lennar & BTUOA presentation this would appear to be preferred alternative by the large majority of the residents in attendance.  Consensus opinion is for the maintenance of current open space views as opposed to views of rooftops and the widening of NW 2nd Ave to 4 lanes.

Lennar rep Bruce Grundt gave such a poor presentation to residents on May 10th that residents are encouraged to email and call him to let him know their opinion of his proposed development on the ocean breeze golf course.  Accordingly,  please call and email Bruce Grundt at 305-485-2060 & bruce.grundt@lennar.com to express your opposition to lifting the deed restriction and allowing Lennar to develop any of the golf course.

You may also want to let Mr. Grundt know that the self appointed leaders of the BTUOA do mot represent you and they should stop wasting their time negotiating with their leaders.

Tuesday, May 10, 2016

Row, Row, Row Your Boat

Here is the picture of the "Concept" rendering that was proposed today at the meeting of the BTUOA.  At the meeting last month the Lennar rep promised a site plan but all he provided was a drawing that has water adjacent to all buildings without any units shown.   Several residents informed Mr. Grundt (Lennar Rep) that there is already a drainage problem in boca teeca so this "water feature" concept was not realistic.

Was the Lennar rep trying to use this meeting as a "trial balloon"in order to see how many residents would show up in opposition or support of the general development proposal on the golf course?

Mr. Grundt should row, row, row his boat back to his Lennar office and stop wasting his time trying to pull the wool over the eyes of senior citizens in an attempt to get their signatures on the deed restriction amendment proposal.  Maybe he can fool the BTUOA leaders but it was obvious that the vast majority of residents were very opposed to the development on the golf course.

Tuesday, May 3, 2016

Beware of Condo Board Members Bearing Promises

Beware of condo board members that have spent your entrusted condo dues to support a private 3rd party corporation (BTUOA, Inc.) and ask you to sign away your legal rights that are completely separate from any condo association authority or responsibility.  Some condo association boards have given this unrelated corporation funds based upon promises that have no bearing on the responsibilities entrusted to condo boards.  These board members may attempt to justify the spending of condo funds in an effort to support this unrelated corporation's efforts to represent Boca Teeca residents in support of a proposed development.

Were these funds given to the BTUOA as an investment with a promise of negotiating a handsome return?  Is this an alternative to investing condo operating funds in bank CDs and money market accounts?

It could be anticipated that the BTUOA's secret committee may be attempting to negotiate a financial contribution (bribe?) from a developer in a similar fashion that this organization negotiated with MCZ Centrum.  In exchange for the condo association "cooperation" the MCZ Centrum LLC agreed to give approximately $226/unit to each condo association for deposit to their reserve funds.

Is the current negotiation going to follow a similar path?  Is this "investment" by condo associations going to payoff or will this be money down the drain as was the case with their past financial support of the BTUOA?  The track record has not been favorable for condo boards that have given funds to the BTUOA and where is the accountability of the funds spent by BTUOA?  There have not been any treasurer reports provided publicly to the many "members" of the BTUOA.

How much will your property values fall in exchange for even several hundred dollars promised by a developer to your condo association?  Is your condo association attempting to make a profit on their Investment  in the BTUOA at your expense?  Are you going to save a few hundred dollars in condo association dues and watch your property value decline by thousands of dollars?

Obviously these are not attractive alternatives, so do not be supportive of any effort to sign away your separate deed restriction rights if approached by a member of your condo board or some secret committee member of the BTUOA.  Note, the condo boards will not have the authority to "vote" away your deed restriction rights and the condo association has no authority to take any action on "your rights" as a unit owner concerning the legal deed restriction issue.

Monday, May 2, 2016

Deed Restriction Removal: 50% or 75% Approval Required?

The legal documents available at the Palm Beach county clerk of courts indicate that 75% of owners in Boca Teeca would need to sign a document to remove the deed restriction on the Ocean Breeze golf course property that would allow any development on the golf course.  This legal filing is shown on book and page number 22098 / 41 of the Palm Beach county official records..  This was filed by the previous owner of the Ocean Breeze property as a result of past negotiations by the BTUOA, but now the BTUOA web site claims that only 50% or more is required to lift the deed restriction.

Why is the BTUOA ignoring their own negotiated 75% requirement?  Was this process possibly not done legally?  Were the non-witnessed and non-notarized "consent documents" considered illegal by their attorney or Lennar's attorney?  Or, is it merely convenient to use the lower percentage of 50% that was the original deed restriction requirement since MCZ is no longer in business and is not going to legally support their own legal filing?

Beware of condo board members or BTUOA representatives seeking signatures from Boca Teeca residents for the purpose of removing the deed.restriction that will "pave the way" for any development on the ocean breeze golf course property.  Signing away your rights will be expected to negatively impact the residential characteristics of the Boca Teeca community AND reduce your property values.  It is expected that widening of NW 2nd Ave will be a requirement of any development approvals which is potentially a safety hazard as you and your neighbors will be required to navigate a road that will resemble the same roadway South of Yamato road.  Have you seen the traffic south of Yamato during peak rush hour?

With a 4-lane highway running through the current community this will eliminate virtually all of the current green buffer between the east side condo property and the exhaust fumes from the increased flow of traffic  Think of the view that would overlook the similar 4 lanes located south of Yamato road - YUK!  Certainly not a pretty site!

You  can expect BTUOA supporters and Lennar to provide pretty pictures and renderings with many promises, BUT the additional traffic and your current views being replaced by rooftops is not going to improve your property values , nor your residential quality of life.  You are encouraged NOT TO SIGN anything that removes the deed restriction from the ocean breeze property if you want to maintain your open space views, your property values and your residential quality of life.





Sunday, May 1, 2016

Condo Boards: Duped by BTUOA?

Condo boards have a responsibility to manage the maintenance of the physical structure of their property as reflected by their annual budgets.  But, their support financially of the BTUOA has no relevance to the physical maintenance of their property so are they being duped by the leaders of the BTUOA?   Are condo boards acting within their legal rights when they give hundreds of dollars to the BTUOA for memberships to an organization that has no bearing on the operation of the condo association?  Are there legal ramifications for condo board members that support spending condo funds irresponsibly?

Some condo boards have informed their owners that they are now members of the BTUOA since the board has paid $1/unit so that all owners are considered members.  But, what does membership in the BTUOA provide to the owners?  The BTUOA does not provide any visible benefits to be a member and the BTUOA has not held any elections by their "members" for many years.  It does not appear that the membership in the BTUOA provides any tangible benefits to its "members", nor does it support the physical maintenance of the condo property.

In the past the BTUOA was supported by individual owners and residents who were charged $5 - $8 for a voluntary membership and the primary benefit was a telephone directory that listed all owners and residents of Boca Teeca.  This telephone directory was provided with the cooperation of condo association boards who provided the names, addresses and telephone numbers of the Bica Teeca residents.  This telephone directory has not been published for over ten years and condo boards are no longer providing the contact info to the BTUOA.  Are the condo boards concerned about legal ramifications for providing this confidential info to an outside organization which may be against Florida regulatory rules and statutes?

The BTUOA has also been requesting that condo boards pay $3/unit to support their legal fees for negotiating with Lennar.  Are the boards acting legally when they transfer funds to the BTUOA for supposedly supporting their legal fees?  Was this a budgeted item in the annual condo budget?  What purpose does paying several hundred dollars to the BTUOA provide to the condo association for the maintenance of the physical property of the condo association?

HAVE CONDO BOARDS BEEN DUPED BY THE BTUOA?   IS THIS LEGAL?

On the BTUOA web site (www.btuoa.org) they posted admission that they had been secretly negotiating with Lennar for many months via a secret committee of their neighbors.  This small committee is led by someone who was no longer even on their own condo board and who has been a self appointed President of the BTUOA?  Are the leaders of the BTUOA acting legally and within the rules of their own charter and bylaws by not having elections?

The BTUOA has not surveyed the residents nor been elected to their positions, yet they claim to represent the owners and residents of the Boca Teeca community.  Does this sound reasonable to you?  Who are they trying to fool, besides the condo boards? - Lennar & city officials?

What are your thoughts & comments on these issues?

Saturday, April 23, 2016

Best Option for Ocean Breeze Property

There are basically 3 options for the Ocean Breeze property:

1) Leave it as a golf course or other recreational facility via purchase by the Greater Boca Raton Beach & Park District (GBRBPD) with, or without, the cooperation of the city of Boca Raton.
*The GBRBPD has an excellent history of purchasing property than was considered for development and was maintained for park & recreational use, including the Swim & Racquet Club on St. Andrews Blvd. which remains an excellent tennis & swimming facility open to the public.
*The GBRBPB had over $22 million in liquid funds as of the beginning of their calendar year with several million dollars budgeted for projects that are unlikely to be used during the current fiscal year, so they certainly have the financial resources to acquire the ocean breeze property.

2) Allow the golf course to close and leave the open space views for all Boca Teeca residents to enjoy.  This alternative would probably be a waiting game as the owner of the property ( currently Wells Fargo Bank) will eventually get tired of paying property taxes and maintenance as the city code will require the property to be maintained and the grass cut on a regular basis.  Property values will not be expected to decline since a view of open space is a valuable benefit that is not easily found in Boca  Raton, especially at the price levels available in Boca Teeca.

3) Support development of the property by Lennar or other builders which will increase the already high density in the area and increase traffic on the already congested NW 2nd Ave.  It is expected that this alternative will result in the widening of NW 2nd Ave. to 4 lanes that will resemble the appearance and high traffic already seen on this road south of Yamato Rd.  This road widening & increase in traffic would destroy the residential character of the Boca Teeca community and also result in a decline in property values.  Under the previous development proposal by MCZ Centrum the BTUOA leaders convinced condo leaders that a contribution to each association of approximately $226/unit would be an attractive offer to compensate for the negative impact from the development.  This was a horrible deal since the property values would be expected to decline significantly more than this small contribution.  It is anticipated that the secretive BTUOA is already discussing the monetary contribution that they and/or condo associations will get from the developer.  This contribution to the BTUOA or the condo associations will be a pittance compared to the decline in property values.

Conclusion - clearly alternatives #1 & #2 are the best choices for Boca Teeca property owners.  Maintaining the only championship level golf course within the city limits is a viable solution if the property is purchased by the GBRBPD or other organization.  While the golf course may not be profitable, neither are most of the other parks & recreational facilities within the city.  There has often been 200 - 300+ users of this golf course per day which is probably in excess of the normal number of users of the new Spanish River park that cost approximately $13 million to develop on donated land and the budget has $7 million for expanding this park for additional soccer fields.  The users of the golf course also contribute significantly to the maintenance of the facility by paying $35-$50+/round of golf.

The city has already approved the development of several thousand residential units, so the GBRBPD will need to provide additional facilities for all these new residents to be able to recreate and the Ocean Breeze property has been identified as the last large parcel of land available to satisfy this expanding demand for recreational facilities.

Just say NO TO DEVELOPMENT & protect the residential character of Boca Teeca & protect the property values for everyone in the area.

Thursday, April 21, 2016

BTUOA meeting on May 10th


Below is an illustration of sentiment about the BTUOA and it's operation and the formation of a secret committee that is negotiating with Lennar as a representative of residents of Boca Teeca:
This is why Sallie cannot be trusted to represent our interests. Look how many e mails went back and forth over the past couple of weeks. I made sure she received them all and not one response from her. It wasn't until I sent one to her specifically prohibiting her from making any commitment to Lennar that she finally responded. Is she elected to the position she holds? Who votes? When is her term expiring? Will u replace her? We need a fair & transparent representative.
The next meeting of the BTUOA is scheduled for May 10th at 2:30pm at the Ocean Breeze dining room or is this the time for the "President's Council" meeting?   Residents may be members of the BTUOA via their condo association paying $1/unit for everyone's membership, so please pass this information along so there is a balanced representation of owners at this meeting and not only the "friends" of the BTUOA and their secret committee.

Wednesday, April 20, 2016

Boca Teeca Leadership: Real vs. Perceived

Q. Who is legally authorized to speak for Boca Teeca residents?
A. Condo & HOA board of directors may speak at public events on behalf of their boards, BUT their comments may not be an accurate reflection of the their residents on a wide range of issues that may be far afield from anything that a condo board may be authorized to act upon. 

Q. Is there a Master Association which governs all Boca Teeca condo & HOA associations?
A. No - each condo & HOA association is completely independent of the other associations

Q. Is there an authorized group of boards that meets and acts on behalf of all the condo associations, also known as the President's Council?
A. No, the group that calls themselves the president's council is an unofficial group of board members that meet once per month to discuss issues that may be beneficial to other condo association leaders, such as the contractors and cost for painting, paving, roofing or other maintenance and basic operational issues.  This group is not incorporated and has no organizational authority to act on behalf of anyone in Boca Teeca, in spite of some perceptions that members or leaders of this group are authoirzed to speak on behalf of Boca Teeca residents.

Q.  How does the perpetuity deed restriction work?
A.  During the previous attempt at development there was an amendment to the deed restriction which requires 75% of unit owners to approve a change of use on the Ocean Breeze golf course, plus the approval of the owner of the golf course.  

Q. What is the Boca Teeca Unit Owner's Association (BTUOA)?
A. The Boca Teeca Unit Owner's Association was a corporation that was established during the development of the Boca Teeca community in order to protect the residents from the over-development of the community and to assure the residents were collectively organized at public meetings to address traffic congestion and other issues.  This organization was inactive for a period after the death of the longtime president of the corporation, Shirley Schnuer, as the successor president was unable or unwilling to continue the operation of the corporation.  Many residents had paid membership dues to this organization through the years in exchange for a telephone directory which funded the corporation, yet the members were not consulted on many public policy issues, nor were all of the members consulting on the dissolution of the corporation.  This corporation has been reactivated with the same president and officer had been listed over the past several years (per www.sinbiz.org).  There appear have been no elections by the "members" for many years, so it is questionable if the current officers are following the corporations bylaws in this respect.

Q. What will happen to the golf course and hotel property once the Wells Fargo bank completes the foreclosure on the property?
A. Wells Fargo bank is now the owner of the property and they are not normally owners of golf courses or hotels.  Wells Fargo bank has the ability to operate or close these businesses AND/OR resell these properties to investors or other business operators that could continue the current businesses.  Or, new owners could seek to change the zoning at city council in order to allow for a more profitable use of the property even though this may not be in their best interest of all the residents of Boca Teeca.  If this occurs, will some residents throw other residents under the bus in order to protect their immediate area, OR will they act in the best interest of ALL their neighbors and work to improve the country club and hotel property for the benefit of the entire community?

Q. What happens if the golf course closes?
A.  City code requires the owner to maintain the property so that it is not a nuisance.  There are specific requirements that must be met by the property owner who will be subject to fines and liens if these requirements are not met.  Adjacent property owners will continue to enjoy views of open green space which is expected to support property values compared to views of roofs from development.

Q. What is the best way for Boca Teeca residents to protect the residential character of our community?
A.  Individuals residents should communicate with city officials and future candidates for public office that are in need of votes from a group of over 2,000 residents that live in the Boca Teeca area.  These communications should be focused on public health and safety, as well as, beautification of our public areas, such as sidewalks and easements.  As an example, it would certainly be an improvement to the community if the single sidewalk on the east side of NW 2nd Ave. was widened to 10-12 feet so that walkers & casual bicyclists can exercise and enjoy our beautiful sunshine. 

Monday, April 18, 2016

Protect Boca Teeca Property Values - Just Say No To Development

Boca Teeca unit owners need to aware of the risk to their property values as a result of cooperating with developers such as Lennar or MCZ Centrum.  Almost 10 years ago the BTUOA convinced condo assoc boards that it was worth amending the deed restriction in exchange for an average of $226/unit paid the the condo association.  The recently activated BTUOA is trying to do the same thing with their recent presentations to condo associations, BUT once again they are failing to recognize the large decline in condo property values that will occur once NW 2nd Ave is widened to 4 lanes and the view if the golf courses will be replaced with rooftops.  It is not worth $226 payable to a condo assoc when the property values will decline by thousands of dollars per unit.

Many residents are very upset about the fact that their condo boards have again been duped by the leader of the BTUOA which is a for profit corporation with only 2 officers over the past several years.  It is doubtful that the BTUOA is even following their own bylaws for holding elections for officers & directors by their members.

A condo President recently announced that courtesy of their board that all residents are now members of the BTUOA - So What!  The members do not have any rights to vote or even get a discount on their next cup of coffee so why has this condo board paid $1/unit for membership to a corporation that provides no benefits?  The condo president was also proud to announce that the board had also paid additional funds into the BTUOA in order to support the corporation's operating and legal fees.  So this condo board has paid approximately $1,000 to a Corp that does not provide any rights to it's contributors.

The president further explained that there were currently no plans provided by the BTUOA or Lennar for development of the golf course but it is expected that their golf course views will be replaced with roof top views .... that are expected to result in the decline in their property vales, as announced by a snowbird owner that had not been aware of the previous expenditure by the board to the BTUOA.  The owner further noted that this negative impact on property values will affect all unit owners whether they have a view of the golf course or not.  Of course the condo president did not have a response to this unit owner - DUH!

The answer for Boca Teeca residents is to simply say no to developers and the BTUOA.  The absolute worse scenario for condo residents is development which will result in the widening of NW 2nd Ave to 4 lanes as this will destroy the residential character of the entire community.  The city has confirmed that the owner of the golf course will be required to maintain the property so that the neighboring residents are not calling the city to complain.  The view of open green space is worth much more to condo property values so just say no to development on ocean breeze and all residents win.

Tuesday, April 12, 2016

Beach & Park District Looking Into Ocean Breeze Property

District director looks into Boca golf course's future
by Emily Miller and Paul Owers  - Contact Reporters  –  SunSentinel 4/6/2016

Talk surrounding a potential sale of an east Boca Raton golf course for development has at least one official reviewing whether local government should step in before it's too late.

Arthur Koski, executive director of the Greater Boca Raton Beach and Park District, said Wednesday he has reached out to Wells Fargo Bank for any information surrounding the future of the Ocean Breeze Golf & Country Club. He said "it would be useful knowledge" to have.

Considered the largest recreation tract left for purchase in the city, the golf course at 5801 NW Second Ave. is nestled on 280-plus acres in the Boca Teeca subdivision, according to its website. The course has 27 holes.

MCZ/Centrum Florida V Owner LLC bought the site in 2004 for $7.2 million, property records show. After years of pushing the proposal, the developer won city approval in 2007 to build 211 townhomes on 30 acres of the golf course. But Wells Fargo foreclosed on the property before the developer ever put a shovel in the ground, according to news reports.

Mayor Susan Haynie said Wells Fargo is talking to potential developers, but nothing has been submitted to the city. A new developer would need to get a new approval, says Boca’s mayor.
Despite a buzz of a potential buy, neither Haynie nor Koski had heard anything definite about whether a sale is in the works. Representatives of the Ocean Breeze Golf & Country Club and Wells Fargo Bank couldn't be reached for comment despite phone calls.

Golf is declining in popularity, and as a result, development of courses has become more common.  Whether the district would indeed purchase the land "would depend upon the immediate availability of revenue and resources," Koski said.

A 28-year resident of Boca Teeca appealed to district on Monday.  "It would appear to be very feasible for the beach & park district to purchase this land and preserve the only public championship-level golf course in a city that is known for their many golf courses," said Robert DuKate, who in the past led a group of Boca Teeca homeowners who opposed development of the course.

Years ago, another community had unsuccessfully tried to convince the district to buy its course, Koski said. The property in the Boca Del Mar community did not fit the district's interests because it would have been difficult to provide public access.

Like the Boca Del Mar property, the golf course in Boca Teeca is designed primarily for use by its residents and parking for the public would be a concern, Koski said. "Those issues would have to be considered, too," he said.  Historically, the district has indicated that it does not want to be in the golf-course business. However, commissioners may consider such a venture if it were done in partnership with the city, though no discussions have been had regarding the Ocean Breeze course, Koski said.
The previous developer had the zoning changed to accommodate homes, but that zoning approval has since expired, Haynie said. A new developer would need to get a new approval.

And if a developer did step forward, Haynie said, the city would need to address the traffic issues on Northwest Second Avenue before a plan for the golf course could be approved.