Boca Raton’s mayoral campaign broke out again during Tuesday night’s city council meeting.

Before the council was a proposed change from City Attorney Josh Koehler to a key portion of the master partnership agreement with Terra/Frisbie for redevelopment of the area around City Hall. This portion concerns what would happen if the March 10 vote on the project did not happen.

As I wrote Tuesday, the first version of Section 23.24 said that voter approval of the referendum would constitute the effective date of the agreement. Disapproval would render the agreement “null and void.”

The second version, however, introduced a new scenario: What if the vote didn’t happen? Koehler had added this wording: “The failure of the referendum to occur shall not be deemed a rejection.”

Supporters of Save Boca, which opposes the project, leaped to the conclusion that the council would cancel the referendum and declare the project approved. During Monday’s workshop meeting, Mayor Scott Singer denied it, saying that Koehler was protecting the city from the threat of a lawsuit by Save Boca founder Jonathan Pearlman, alleging that the council had worded the referendum to favor the project.

Still, Koehler came back Tuesday night with new wording, designed to address conspiracy theories. It would make clear, Koehler said, that any delay would be “outside of the city’s control.” The city’s intent, Koehler said, is to protect the vote from “procedural tactics.”

The politics began shortly thereafter.

Councilman Andy Thomson, who is running for mayor and is the only council member to oppose the project, took everyone through a lengthy presentation that amounted to a campaign speech. Thomson reminded the audience that he had opposed the original approval schedule as too rushed. He reminded the audience that only he had asked Terra/Frisbie’s representatives if they would agree to a vote on the project. They did.

Thomson then proposed his own version of the contract language. It referred to any “postponement, delay or rescheduling” due to factors beyond the control of the city or Terra/Frisbie. This wording, Thomson said to the crowd of Save Boca supporters, would leave “no doubt that you will get” the vote at some point. Applause followed.

The council reached no consensus on the wording. It will be part of the agreement and lease when both come up for a final vote on Jan. 20.

Councilwoman Fran Nachlas is one of Thomson’s two mayoral opponents. She accused Thomson of hypocrisy when he claimed to have opposed the idea of a public-private partnership all along. During annual strategic planning sessions, Nachlas said, there had been unanimous support to consider the option.

The election is two months away, but the campaigning is in full swing.

Boca Raton City Council approves alternatives to Save Boca ballot proposals

A Save Boca yard sign, photo by Christiana Lilly

The council last night approved what Singer called a better alternative to Save Boca’s failed ballot proposals.

Those would have required a referendum on any transaction involving at least one-half acre of land. Most council members opposed them, arguing that they would force expensive public votes on even routine transactions and delay those transactions for perhaps more than a year.

The new ordinance requires two public hearings and a staff finding of legitimate public purpose. As with discussion of the Terra/Frisbie referendum, the political divide was clear.

Thompson was the only vote against the ordinance. While Singer called it “half a loaf, or part of a loaf” compared to the Save Boca proposals, Thomson called it “not even a slice.”

Singer asked whether Thomson could suggest changes to improve it. Thomson had none. Singer noted that he had outlined the idea weeks ago, allowing time for anyone to offer something better. Councilmember Yvette Drucker also chided Thomson, linking him to Save Boca supporters who are “always voting no.” She also said Thomson should have given council members a preview before the meeting.

Nachas called it an “additional layer” of protection, noting that Koehler recently outlined all current protections in city law. Singer called it “an improvement.” Councilmember Marc Wigder has offered a similar proposal related to parks. The council postponed discussion because Wigder missed the meeting due to illness.

Downtown Boca Mandarin Oriental developer files for bankruptcy

Construction for the Boca Raton Mandarin Oriental

Last month, 10 years after Boca Raton approved the Via Mizner project featuring a Mandarin Oriental hotel, the entity developing the hotel filed for bankruptcy protection.

That entity, of Boca Raton-based Penn-Florida, faced $210 million in loan payments, according to the filing, which the Palm Beach Post first reported. The developer wants time to secure new financing or arrange a sale.

Penn-Florida envisioned Via Mizer as a three-tower project at Federal Highway and Camino Real. The southernmost tower is the 366-unit Via Mizner rental complex. An 88-unit luxury condo with hotel privileges would go next to the 164-room Mandarin Oriental, only the company’s second in Florida.

Because of financing issues and the pandemic, however, construction of the hotel and condo have dragged on years past their expected completion. Some condo buyers have sued and recovered their deposits, although the Post reported that the condo is nearly sold out and could open this year.

Penn-Florida also faced foreclosure on Via Mizner before selling it for $235 million last July to Miami-based Cardone Capital. The deal allows Cardone to convert the rentals to condos. Also potentially in play is the golf course west of Military Trail that Penn-Florida created for the hotel.

Opponents of the Terra/Frisbie project used the bankruptcy filing and the unfinished buildings to warn about a similar scenario near City Hall. Rent from the private development is supposed to reimburse Boca Raton for the cost of the city hall and community center. That couldn’t happen, critics say, if the private development didn’t happen.

Marci Woodward gets a challenger for city commission seat

Palm Beach County Vice Mayor Marci Woodward

County Commissioner Marci Woodward, who represents Boca Raton and Delray Beach, has drawn a challenger as she seeks a second term in November.

Democrat Curtis Calabrese has filed to run against Woodward, a Republican. On his website, Calabrese says that he is a Naval Academy graduate who now is a pilot for United Airlines. He’s also director of operations for Altivion Aviation, which leases private jets. Calabrese had raised $64,000 through Sept. 30, with $50,000 of that from a personal loan.

Four years ago, Woodward filed just before qualifying ended, yet she went on to defeat then-incumbent Robert Weinroth. Woodward is touting her plan—using builder fees—to provide prospective owners with $50,000 toward a down payment or closing costs. Woodward had raised $90,000 through Sept. 30. Among her contributions are $1,000 from former Boca Raton Mayor Steven Abrams and $1,000 from Delray Beach Mayor Tom Carney’s law firm.

New proposal would allow major BRIC redevelopment

Boca Raton Innovation Campus

For all the focus on downtown redevelopment, big changes also loom for northwest Boca Raton.

On the agenda for tonight’s Planning and Zoning Board meeting is a proposal to separate the Boca Raton Innovation Campus—known as BRiC—from the development plan that has governed the area for decades. The change would allow BRiC’s owner to proceed with a major redevelopment of the former IBM campus south of Yamato Road near Interstate 95.

To draw more high-profile office tenants, BRiC wants to add housing, a convention center, shops and restaurants. In its letter to the city, BRiC said the current development rules—known as a development of regional impact—are outdated and offer “little utility for … future redevelopment of the property.” The change would not affect properties in the other remaining roughly 90 acres in the area.

In 1999, private investors bought the 542 acres that include BRIC. A year later, the city bought 325 of those acres. Some of that land became the Spanish River Athletic Complex. Another 15 acres became Blue Lake Elementary School.

Boca Raton lures mystery tech firm with $500,000 in benefits

Also at Tuesday night’s meeting, the city council allocated $500,000 toward a package of benefits designed to recruit a high-tech company to Boca Raton.

The company is not named; for now, it’s called Project Vernon. Under the agreement, it would have to bring at least 125 jobs over five years. Salaries would have to average $125,000, exclusive of the CEO’s pay.

Boca Raton’s money is part of an effort to bring the company to Palm Beach County from California. The council would have to formally approve the money once the company agreed to come and made its name public.