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July 2, 2015

Response from Rebecca Caldwell / Executive Director Palm Beach County Planning, Zoning, and Building Department to the correspondence from Frank Lewis, President and the B.D.M.I.A. Board of Directors Position Regarding the Mizner Trail Course's violation of Code and Conditions.

(click here to read the entire response)

June 22, 2015

Important correspondence and information regarding Mizner Trail Golf Course.
The B.D.M.I.A. Board of Directors Position Regarding the Mizner Trail Course's violation of Code and Conditions.

(click here to read the entire document)


April 8, 2015

Boca Del Mar Improvement Association, Inc.

Board of Directors Position Regarding the Mizner Trail Circuit Court Decision.

The B.D.M.I.A. acting in its perceived best interest of the Boca Del Mar community, and based on the overwhelming community opposition to development, had appealed the June 2014 Board of County Commissioners 5 to 2 approval of the application to build 252 units on the Mizner Trail Golf Course to the 4th District Circuit Court.

The Court not only denied the appeal, they denied the appeal without writing or providing an opinion. The ruling stated: "The Petition for Writ of Certiorari is DENIED." Regarding further Court action our attorney has advised the board in brief, that;

A) There is no "right" to an opinion and it is common that none is provided.

B) A motion for clarification of an opinion must point to language in the opinion that is "in need of clarification," It is impossible to say that a decision without an opinion is "in need of clarification." because there is no language to point to.

C) There is no legal basis to file a motion for rehearing or further court review.

Regrettably, based on the counsel and advice of our attorney, the BDMIA has not requested clarification as to the ruling or appealed the 4th Districts Courts' denial.


March 16, 2015

To: Members of the Boca Del Mar Improvement Association, Inc.

In June 2014, the Palm Beach County Board of Commissioners voted five to two to approve the amending of the Boca Del Mar Master Plan and the application to build 252 units on the fairways of the former Mizner Trail Golf Course.

Acting on its perceived best interest of the community as a whole and the adjacent affected property owners, and with the advice and council of its attorney’s, the BDMIA appealed that decision to the 15th Circuit Court of Appeals.

The developer subsequently filed a frivolous lawsuit against BDMIA for filing that appeal.

Recently, the Circuit Court ruled, denying BDMIA’s appeal without a written explanation, and additionally threw out the developer’s frivolous lawsuit against BDMIA.

According to the advice of counsel, being that the Circuit Court did not write a decision, an appeal of that decision to the 4th District Court is not possible; the County approval cannot be overturned through the courts and thus their decision will stand.

Although some members of the community may decide to pursue other avenues to attempt to stop the development from moving forward, the BDMIA responsibility now turns to making certain the fifty-one conditions of approval that the Zoning Board required in their recommendation of approval of the application are met.

Board of Directors
Boca Del Mar Improvement Association, Inc.


September 15, 2014

To obtain an e-mail copy of the Boca Del Mar vs. Mizner Trail Appeal contact the office at BDMIA2@AOL.COM


September 15, 2014

Any Boca Del Mar Resident that would like to be considered for a position as Director on the Boca Del Mar Board of Directors should submit a resume to the Boca Del Mar office by Wednesday, October 8, 2014.


July 14, 2014

Dear resident of Boca Del Mar:

As you probably know, the Palm Beach County Commissioners voted to approve construction of 255 homes on the former Mizner Trail golf course. This vote contradicted more than ten years of previous commission and court decisions opposing development.

At the Boca Del Mar Improvement Association's July 9 meeting, attended by a large cross-section of Boca Del Mar residents, the Board of Directors voted 8 to 1 to appeal the Commission's decision. The construction would affect not only the residents living on the golf course, but also every resident in Boca Del Mar. If the Master Plan for our community will be subject to the same kind of attack.

Legal action costs money. We are going ahead with appeal. Several residents suggested that we ask homeowners' associations and individuals for voluntary contributions to help with our legal costs. An email requested by United Boca Del Mar, which has helped lead opposition to the development, has already resulted in several thousand dollars in donations in less than a week. Now we are asking you to join us in this fight. We are suggesting a voluntary contribution of one thousand dollars per homeowners' association and fifty dollars from any individual resident who wants to protect the green space in our community, but all donations are greatly appreciated.

Careful planning, our abundant amenities, and beautiful green spaces make Boca Del Mar a gem in Palm Beach County. This open green space has been an integral part of our community from its inception. Your contribution will help us in our legal fight to keep it that way. Together we cab prevail,

Sincerely yours,
Frank Lewis, President
Boca Del Mar Improvement Association, Inc.


June 26, 2014

The Board of County Commissioners has voted 5-2 to approve the application to build 252 units plus a JARC facility on the closed Mizner Trail Golf Course.


May 1, 2014

Boca Raton Police launch home burglary prevention campaign

Boca Raton, FL – From 2012 to 2013, the City of Boca Raton saw a 4.35% drop in residential burglaries, going from 404 in 2012 to 351 in 2013. Those that do find their homes burglaries are discovering defeated doors and windows and their valuables gone. In recognition of Residential Burglary Prevention Month, the Boca Raton Police Services Department will be launching a multifaceted campaign to educate residents with steps they can take to avoid becoming a victim.

Two videos have been created to help better explain to residents what they can do to prevent residential burglaries. The first plays off a common theme seen in many home burglaries. A suspect knocks on the door, if no one answers they go around back and break in. The second takes a humorous look at things that shouldn't’t be left open. It ends with reminding everyone to never leave their garage door open while unattended.

The videos can be viewed at www.youtube.com/bocapolice

The Boca Raton Police Department’s Crime Prevention Unit also provides tips
for protecting your house.
You can find them at http://www.ci.boca-raton.fl.us/police/home_security.shtm
The Crime Prevention Unit will also do free assessments of your property and provide you with tips to increase security around your home.


February 6, 2014

The Palm Beach County Zoning Commission will vote on Zoning Application ZV/DOA/R-2013-02595 Shoppes at Village Pointe. The Development order is for the following change.

"a Type II variance REQUEST: to allow a business activity between 11 PM and 6 AM within 300 feet of a residential Zoning District; a reduction in the width of the Type III Incompatibility Buffer and elimination of the required wall, and plant materials. TITLE: a Development Order Amendment REQUEST: to modify the Site Plan and add a use. TITLE: a Requested Use REQUEST: to allow Cocktail Lounge within 300 feet of a residential district."

"The applicant is requesting to replace a 9,570 - square foot tenant space (Billiard Parlour) with a Requested Use for a Cocktail Lounge. The applicant is also requesting Type II Variances to allow a 24-hour operation for a use within 300 feet of a residential district; a reduction in the width of the Type III Incompatibility Buffer; and elimination of the required wall, and plant materials."

To comment regarding this change request email; jrlawren@pbgov.org You may also attend the hearing to provide a comment at Vista Center Complex 2300 N. Jog Road, Room VC-1W-47, 1st Floor West Palm Beach, FL 33411

January 9, 2014

Board of County Commission Hearing Re: Mizner Trail Golf Course Development Application

The Board of County Commissioners voted 6-1 to allow the applicant to postpone the boards vote on this issue until March 27, 2014


NOTICE:
Your Boca Del Mar Board of Directors is continuing to
pressure County Code Enforcement Staff to monitor
Mizner Trail Maintenance.

(Click here to see attached correspondence)


Correspondence regarding the
Proposed Interchange on the Florida Turnpike
at Palmetto Park Road in Boca Raton

BOCA DEL MAR IMPROVEMENT ASSOCIATION, INC.
6018 S.W. 18 Street, Boca Raton, FL 33433 Phone:
561-368-1503 Fax: 561-368-3658

October 20, 2009

Commissioner Steve Abrams
301 N. Olive Avenue, Suite 1201
West Palm Beach, FL 33401

Dear Commissioner Abrams:

On Wednesday Oct. 14, 2009, the Board of Directors of the Boca Del Mar Improvement
Association voted unanimously to oppose a Turnpike Exchange at Palmetto Park Road. Our board represents over 9,000 residencies and an estimated 25,000 people between Military Trail and Florida's Turnpike west of Boca Raton.

The board of Boca Del Mar believes our community would be adversely affected from a traffic safety and congestion standpoint if Florida's Turnpike Enterprise builds the exit as proposed. We question whether the project, with an estimated $100 million plus price tag, would actually "relieve" traffic at the Glades Road-Turnpike exit. The initiative to build a new interchange in south Palm Beach County was created several years ago by a safety problem at the Glades Turnpike exit. At the time, during rush hours, northbound Turnpike traffic exiting at Glades backed up from the tollbooths on to the far right lane
leading up to the exit ramp. Since then, perhaps due to a significant drop in population,
unemployment, or fewer tourists, the "problem" has resolved itself.

We are encouraged that our state representative, Kelly Skidmore, the public official who lives closest to and knows the area best where the interchange would go, has written a letter of opposition. Rep. Skidmore lives in Boca Del Mar and knows what we do: Palmetto Park Road, from U.S. 441 to Interstate 95, is largely residential. It connects local residents to local schools (public and private), shopping, and houses of worship.

Residents west of Interstate 95-who use Palmetto Park to get to 1-95 or Downtown Boca Raton don't need a Turnpike exit. And if you were living in Broward County and wanted to visit Mizner Park or any business entity in the downtown Boca Raton area, the logical route would be Interstate 95, which is several miles east of the Turnpike and costs nothing to drive.

Conversely, we are hard-pressed to see how individuals who use the Glades Turnpike exit to go to higher educational facilities, businesses, malls or hospitals on or between Glades Road or Yamato Roads, would exit further south from their destination to traverse north
on congested local roads including Palmetto Park Road.

Thank you for taking our position into consideration on this
important matter.

Sincerely,

Paul McDermott,
President
Boca Del Mar Improvement Association, Inc.

Pm/Ir


THE FLORIDA SENATE
Tallahassee Florida 32399

SENATOR DAVE ARONBERG
27th District

October 20. 2009

James L. Ely DPA
Executive Director and Chef Executive Officer
Florida’s Turnpike Enterprise
Post Office Box 613069
Ocoee, FL 34761

Dear Mr. Ely:

I am writing about the proposed interchange on the Florida Turnpike at Palmetto Park Road in Boca Raton. Some of my constituents have complained that a new interchange at this location will disrupt the surrounding neighborhoods and cause a burden on those living in the nearby areas – pedestrians in particular. From what I have been told, the Florida Department of Transportation conducted studies for a two year period on this proposed improvement and the Palm Beach County Metropolitan Planning Organization agreed to move forward with this recommendation.

The constituents have said that there is a significant pedestrian population in the immediate areas of the Turnpike. They are  concerned that building a new interchange would create an unnecessary increase in traffic volume for those living in the area.

Although I realize other proposed locations for an interchange have been considered and later dismissed as possibilities. It is my hope we can reconsider other alternatives that are safe for both our drivers and our neighborhoods. I respectfully ask you to consider the voices of the public at the public hearing on October 29th to see if we can find a solution that everyone can live with.

Sincerely,
Dave Aronberg



Florida House of Representatives
Representative Kelly Skidmore
District 90

District Office:
7100 West Camino Real, Suite 205
Boca Raton, FL 33433
(561) 470-6593
(561) 470-6595,fax

Capitol Office:
402 House Office Building
402 South Monroe Street
Tallahassee, FL 32399-1300
(850) 488-1302

October 3, 2009

James L. Ely, DPA
Executive Director and Chief Executive Officer
Florida's Turnpike Enterprise Post
Office Box 613069 Ocoee, Florida 34761

Dear Mr. Ely:

It is my understanding that the initiative to build a turnpike interchange in South Palm Beach Count), was proposed to specifically address a safety issue at the Glades Road exit in Boca Raton. Although many hours of research, study and outreach have taken place through collaborative efforts, it was recently brought to our attention that this project is not slated to go forward due to a lack of funding for any further planning or development, in addition to the overlying assessment that the traffic congestion at the root of the safety issue has dissipated.

I have a serious concern that the recommendations included in your report due out later this month will strongly suggest that Palmetto Park Road will be the optimal location in South Palm Beach County for an interchange, should the funding, become available in the future and/or the Glades Road safety issue resurface. I respectfully request that the results of this report be deemed inconclusive as to where a turnpike interchange should be located when or if it becomes necessary at a later date.

As we discussed with a group of representatives from the Florida Department of Transportation and the Florida Turnpike Enterprise several months ago, the communities
surrounding Palmetto Park Road and the turnpike are a unique demographic of neighborhoods with characteristics that were not considered during the evaluation of this location. For example, we were informed that pedestrian traffic was not evaluated as
a safety component in regard to the creation of all interchange at Palmetto Park Road.

It was expressed to us that other locations were deemed unsuitable after similar discoveries were made as to the impact on surrounding homes and communities. To
formally conclude that this location is recommended for an interchange is, unfortunately,
premature at this time.

I appreciate your thoughtful consideration of this request and look forward to your reply. Please do not hesitate to contact me should you have any questions.

All the best,

Kelly Skidmore
State Representative, District 90

KS/ed


Subj: Re: Note from Steve Nichol to Gordon
Date:10/23/2009 11:59-.28 P.M. Eastern Daylight Time
From:    Mr.McBoca
To:        BDMIA3

Gordon,

Please place any and all letters, E-mails, communications, etc. opposing the turnpike interchange at PPR on our web site.
Paul

--Original Message--
From: BDMIA3@aol.com
To: MrMcBoca@aol.com
Sent: Fri, Oct 23, 2009 10:00 am
Subject: Fwd: Note from Steve Nichol to Gordon

Attached Message

From:  SNichol1123@ao1.com
To:      BDMIA3@aol.com
CC        kbenderOB23@bellsouth.net; jfleldan@yahoo.corn
Subject: Re: Note from Steve Nichol to Gordon
Date:    Fri, 23 Oct 2009 09:58:28 -0400

Moments before your e mail I received an e-mail from state Sen. Dave Aronberg's office with a copy of a letter he sent to the CEO of the Turnpike citing our concerns of "unnecessary traffic volumes" and pedestrian safety should a Turnpike interchange be built at Palmetto Park Road.

Aronberg urged the Turnpike officials to "rec6nsider other alternatives that are safe for both our drivers and our neighborhoods," and to listen closely to what we have to say at the public hearing on Oct. 29 to, quote, "see if we can find a solution that everyone can live with."

The letter is significant in that it joins a growing chorus of opposition to the Palmetto Park exchange led by residents in the Boca Del Mar communities between Powerline and Turnpike, our state Rep. Kelly Skidmore, and of course the Boca Del Mar Improvement Association.

Please forward to Paul my e mail and the letter from Sen. Aronberg, attached. I hope Paul approves placement of the BDMIA letter on the association web site.

I received an e mail last night from our county commissioner,  Steven Abrams, indicating he was going to meet with Paul. If Paul thinks I can be of any assistance, be
it the meeting with the commissioner, or elsewhere, I am just a phone call or e-mail away.

Thank you.

Sincerely,

Steve Nichol
561.756.5520

-Original Message
From: BDMIA3@aol.com
To: SNichol1123@ao1.com
Sent: Fri, Oct 23, 2009 9:25 am
Subject: Re: Note from Steve Nichol to Gordon

I will check with Paul for his thoughts.


Subj:      Fwd: Palmetto Park Road-Turnpike
Date:      10/19/2009 2:30:16 P.M. Eastern Daylight Time
From:     SNichol1123@ao1.com
To:        BDMIA3@aol.com

Gordon,

Here is what I sent Friday.... Please confirm receipt. Thank you. Steve-Nichol

--Original Message----
From: SNichol1123@ao1.com
To: gmarts@bocadelmar.org
Cc: pmcdermott@bocadelmar.org; kbender0823@bellsouth. net
Sent: Fri, Oct 16, 2009 12:05 pm
Subject: Palmetto Park Road-Turnpike

Gordon Marts
gmarts@bocadelmar.org
Boca Del Mar Improvement Association, Inc.
6018 SW 18th Street / Suite C8
Boca Raton, Florida, 33433

Gordon,

Good seeing you again at the meeting on Wednesday. Per the board vote and Paul McDermott's suggestion, I have ghostwritten a potential letter to forward to elected officials regarding BDMIA's opposition to a Turnpike exchange at Palmetto Park Road. I have also attached the letter of opposition that our state Rep. Kelly Skidmore, a BDM resident, wrote to the CEO of the Turnpike Enterprise.

I am copying Paul on this correspondence so he may review it and  give you direction as to what he wants communicated since it would be under his name as president of Boca Del Mar.

It is important that this letter be sent to all of our state and local officials whom Paul may have contacts with based on his years of leadership with Boca Del Mar. The list should include Palm Beach County Commissioner Steven Abrams, Rep. Skidmore, Sen. Ted Deutch, County Commissioner Burt Aaronson, Boca Raton Vice Chair Susan Haynie,
and County Commission Chair and MPO Chair Jeff Koons. You may also wish to send the letter to the CEO of Turnpike Enterprise (name and address is on the Skidmore letter). It also needs to be presented at the Turnpike Enterprise public hearing on this matter at 5:30 p.m. on Oct. 29 at Embassy Suites on Yamato Road. I believe you designated BDM board member Robert Schneider to attend.

Please let me know what else I can do.

Sincerely,

Steve Nichol
7630 Lago Del Mar Drive #1
Boca Raton, FL 33433
561.756.5520
SNichol1123@ao1.com


Subj: Re: Palmetto Park Road-Turnpike
Date: 10/19/2009 2:46:41 P.M. Eastern Daylight Time
From: SNichol1123@ao1.com
To: bdmia3

Great! Please send me a copy of the letter Paul chooses to write on behalf of our community. If Paul wants to call me he can reach me on my cell phone, 561.756.5520.
Thank you. Steve

--Original Message---
From: BDMIA3@aol.com
To: SNicho1123@aol.com
Sent: Mon, Oct 19, 2009 2:40 pm
Subject: Re: Palmetto Park Road-Turnpike

Steve, Got it, Gordon


BE FAIR: PAY TIMELY

Your neighbors correctly remark that it is unfair to those who pay Boca Del Mar assessments on time to subsidize owners who are delinquent. No one can argue with that thought.

We read daily about the nationwide financial crisis. Every owner has been effected. Each of us must make difficult choices; thus, it is not in any of our roles to comment on how one owner may have had different priorities than another owner.

Nevertheless, to be fair, owners who do not pay assessments must be sent to the association's attorney. When a unit owner fails to pay assessments, and fails to heed warnings, the Association has no choice but to refer the matter to the attorney and then the owner may have to pay thousands of dollars because of late association assessment payments! An owner who ignores the warning will have their home liened and foreclosed.

How smart is it to skip a payment? There is nearly always some source of money to protect your home, and avoid a small debt from becoming a mountain of debt. Any loan or credit card advance is usually cheaper than the payment for the lien! One owner's problem cannot become the community's problem.

In response to your requests and to ensure orderly and efficient collections, the Association is implementing an assessment collection policy. Every owner is obligated to timely pay their assessment. Each delinquency debilitates the Association's cash flow. Without cash, the Association is unable to attend to the maintenance including trash pickup, landscaping, signage, water retention area maintenance and signage. Certainly you have read or heard reports of a development quickly going to seed" because assessments were not collected.

The assessment collection policy is intended to be practical. When an owner is delinquent, the owner forces management to automatically refer the matter to legal counsel. If a matter is sent to counsel, then the owner is responsible for attorney's fees and costs.

It is much cheaper for an owner to timely pay then being sent to counsel. At this time the schedule that owners must pay for the initial attorney's letter is $75.00, plus costs, and for a lien $200.00, plus costs. You can see that by the time a matter reaches the lien stage an owner must pay over three times as much as originally due! If the amounts due are not immediately paid, then to be fair to paying owners, a foreclosure action is filed against the delinquent owner and that owner will be responsible for thousands of dollars in attorney's fees and costs.

Be fair to your neighbors. There are no "grace" periods. Assessments are due on the first day of the year. They are delinquent on the second day of the year. Pay your debts when due. Do not require your matter to be sent to the attorney.


 


Click on the link to learn more:
WWW.SENIORSvsCRIME.COM



NOTICE TO HOMEOWNER'S ASSOCIATION
BOARD OF DIRECTORS BOCA DEL MAR

The Veranda Club is a member of the Boca Del Mar Association and as a positive gesture to our neighbors, we are pleased to offer a location of meeting right in your backyard. Our newly renovated auditorium is now available for our Boca Del Mar members as a place of meeting. Our auditorium seats approximately 120 people and features a state-of-the-art sounds system equipped with a projection TV suitable for Powerpoint presentations. We hope you take advantage of this offer, at no cost to Association members, by calling our community and scheduling your event today.

The Veranda Club is located at 6061 Palmetto Circle North and provides services to seniors in the form of one and two-bedroom rental apartments. With nearly two hundred residents, we provide a host of independent living services in a resort-like environment. To schedule your important meeting with us, please contact Lynda Goldman, Marketing Director, at 561-368-2122.

 

NOTICE

Since 1993, residents of Palm Beach County have realized nearly $80 million in savings for solid waste and recycling collection services through a competitive bid process. The most recent bid process for the contract beginning October 1, 2008 has been completed with bids being opened on December 20, 2007.

As Florida market trends have indicated in recent years, Palm Beach County will also experience an increase in collection rates. Even though we made contractual changes to minimize the expected increases, there were may variables over which SWA had no control such as fuel, insurance and other cost of living factors.

We will be notifying each resident of the rate increase in March 2008 however, we always welcome the opportunity to speak with your association directly to answer any questions or concerns immediately.

Should you wish our presence at one of your meetings in advance of our mailing, please feel free to contact SWA Customer Information Services at (561) 697-2700 or 1-866-792-4636 toll-free to schedule a representative.

You can e-mail us at:
info@bocadelmar.org

 
 
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