The Delray Beach Downtown Development Authority held a workshop Sept. 30 focused on an interlocal agreement dispute after city staff moved ahead with converting part of a shared storage area at Old School Square into a ceramics studio and a refrigeration/pantry area for the Crest building.
The DDA’s board chair, Alan “Al” Castello, and DDA Executive Director Laura (last name not specified in the transcript) told the board the storage area is part of the DDA’s rights under the interlocal agreement’s second amendment and said the city acted without adequate coordination. “Please do not sign this agreement. Please do not agree to this agreement,” Castello said, urging caution about a proposed fourth amendment to the ILA.
Why it matters: The storage area houses large items used across the campus — concert and event equipment, folding tables and chairs, museum crates and climate-sensitive artwork storage — and DDA staff said the reduction in usable space is already creating operational problems that could worsen when Old School Square returns to full activity.
Board and staff accounts
DDA museum director Mariska (also written as Maruska in the transcript) described current constraints: after prior renovations the museum still has “no closets, very minimal closets,” and a portion of the campus storage had been converted in 2017 to hold the museum’s permanent collection under climate controls. She said the newly carved-out DDA door is too narrow for pallet jacks and some incoming museum crates: “I had a situation where I was receiving two crates of art last week… it was going to be difficult to even get the truck in behind the amphitheater and then bring it on a pallet jack all the way around the amphitheater to get it through the door.”
City staff, represented at the meeting by Jeff (city staff/city manager level), said the city believes it had the right to proceed and that it has provided alternate storage in the municipal parking garage, though that space is not climate controlled. “We moved on,” Jeff said, describing the administrative decision to proceed after an internal review and noting the city had moved the temporary wall since initial design.
Legal and procedural context
DDA attorney Quentin (first name spelled several ways in the transcript) advised the board that any formal dispute between two government entities is subject to a statutory process (the transcript references “chapter 164”) that governs intergovernmental dispute resolution and would have to be followed before litigation. Board members discussed the statutory process, the content of the interlocal agreement (ILA) and proposed language in a draft fourth amendment that some board members said weakens DDA protections.
Board direction and next steps
Because the meeting was a workshop, the board did not take a formal vote. Instead, discussion produced a consensus direction to staff: prepare materials documenting operational impacts (measurements, photos, and the largest crate and equipment dimensions), request a presentation slot on the City Commission agenda for Oct. 14, and invite individual commissioners to tour the storage area so commissioners can see the logistics in person. Staff confirmed written backup and presentations must be delivered to the city manager’s office at least a week before the commission meeting.
Divergent views, but shared interest in avoiding litigation
Several board members, while asserting DDA rights under the ILA, said they were not eager to engage in a court fight with the city and preferred negotiation if possible. Chair Castello emphasized the board’s frustration that the city proceeded without earlier DDA involvement. Board member Brian (last name not specified) said that although the space “feels like our field house” because the DDA operates the campus, the assets belong to the city and changes require an ILA amendment.
Operational details and constraints cited in the meeting
- The temporary wall in the storage area was described as roughly 30 feet long by about 10 feet deep in the draft layout the city used; board members asked staff to take exact measurements.
- Historic storage inventories previously accommodated roughly 50 round tables and about 500 folding chairs, plus palletized items and temporary walls used for Art on the Square and other events.
- The cooler currently in the storage area had not been operational since before the DDA assumed management; DDA staff said it was not being used as a commissary.
- The city offered a garage storage space as an alternate, but DDA staff said it is not climate-controlled and that access and keys had not yet been handed over.
Broader context
Board and DDA staff used the discussion to press for a broader, collaborative plan for Old School Square’s future operations, including a strategic plan for the campus and clearer coordination protocols with city staff and commissioners. Mariska outlined museum activity and metrics — the museum staffs First Friday events, runs about 15 planned exhibitions next year, reports roughly 1,500 monthly visitors on average, volunteer hours near 800 per month and modest monthly revenue from donations and the museum shop — and said those operations depend on reliable backstage and storage logistics.
What the board did not do
No formal motions were made or voted on to amend the ILA at the workshop; the DDA did not file any legal action. Board members instead agreed to gather documentation and pursue a conversation with the City Commission on Oct. 14, while preferring to seek a negotiated solution over litigation.
Next steps to watch
- Whether the City Commission places the DDA’s materials on the Oct. 14 agenda and whether commissioners visit the site.
- Any proposed language changes to the ILA fourth amendment and whether the board will return with a formal motion at a future public meeting.
- Operational measures DDA staff present (dimensions, photos and examples of unmovable crates/pallets) that could shape a compromise solution.
Ending note
DDA leaders and staff framed the issue as both legal and practical: they signaled a desire to preserve the campus’s operational capability while also asking city leaders to engage directly and visually with the logistical impacts before any final ILA amendment is approved.