Voters can change rules to let public decide project’s fateA new version of the downtown plan shows park and recreation with City Hall to the west of Northwest Second Avenue/Boca Raton Boulevard, and development mainly to the east of the road. Rendering provided
By Mary Hladky
Boca Raton voters soon will decide whether the city can redevelop its 31-acre downtown campus in partnership with Terra and Frisbie Group without voter approval.
The City Council on Oct. 28 unanimously approved placing on a Jan. 13 ballot a proposed ordinance and a City Charter amendment, both of which would allow voters to have their say.
That decision came as Terra/Frisbie has for the third time substantially reduced the density of the project and increased green space in the most recent effort to win the support of irate residents who have opposed the redevelopment project for months.
“We are excited to collaborate with the city of Boca Raton on a vision created by the community,” Rob Frisbie, managing partner of Frisbie Group, said at an Oct. 27 meeting.
“This proposal commemorates and honors veterans while delivering world-class amenities and cultural institutions.”
The ballot measures would not allow the council to lease or sell any city-owned land greater than one-half acre without a vote by the public.
The city wants to lease its land for 99 years to Terra/Frisbie in a deal that would generate significant income for the city and spare Boca Raton residents from potential tax increases to pay for downtown campus improvements, including a new City Hall and Community Center.
Council members made clear that, while they support allowing voters to make a final decision, they are deeply concerned about the problems the two measures will cause.
The city often leases more than a half-acre to nonprofits and cultural groups, but would have to hold an election every time it does so were either ballot question to pass. That would be costly for the city and make it cumbersome to help these groups.
“I am against this nuclear option because it could provide some real damage to some of the people we are really trying to help,” said Council member Marc Wigder. Council member Yvette Drucker agreed.
Mayor Scott Singer listed examples of when an election would now be required. “I see a pathway to a lot of litigation here,” he said.
Save Boca, the residents group that proposed the ordinance and the charter change, prefers amending the charter. That’s because the council could strike down the ordinance in the future. A charter change would require another referendum.
Voters will cast their ballots on Jan. 13, well ahead of the city’s scheduled March 10 election when they will choose a new mayor and three council members.
Save Boca wanted a special election as soon as possible and sees approval of either question as an opportunity to effectively kill the project. A no vote on each referendum would give the council the ability to proceed.
Supervisor of Elections Wendy Sartory Link had said she could not schedule one for Boca Raton, so council members intended to put the two measures on the March 10 ballot.
That changed on Oct. 24 when Gov. Ron DeSantis issued an executive order calling for a special Jan. 13 primary election for the House District 87 seat that had been held by Mike Caruso, whom DeSantis recently appointed as Palm Beach County clerk and comptroller.
Link then told cities that they also could have special elections on that day. Boca Raton council members quickly agreed to do so.
The council’s actions are victories for Save Boca, which has upended the city’s fast-tracking of the redevelopment by demanding a vote by residents.
But what that project will look like and how much land the city will lease to Terra/Frisbie are far from settled matters.
In May, Terra/Frisbie eliminated a hotel, one office building and one residential building, reducing the number of residential units for the second time to a total of 740.
The amount of retail square footage was cut by nearly one-half to 80,000. At least eight clay tennis courts would have remained on site along with other recreational facilities. All six existing banyan trees would remain standing, and the 17 acres within the site known as Memorial Park would include a monument to veterans.
But when that did not satisfy Save Boca supporters, Terra/Frisbie proposed even bigger changes on Oct. 27.
Latest changes
Instead of leasing all 31 acres, the developers would leave in city control all its land west of Northwest Second Avenue where the City Hall, Community Center and recreational facilities now sit.
They would lease less than 8 acres on the east side of Second Avenue for construction of 769 apartments, 186 condos, a 150,000-square foot office building adjacent to the Brightline station, a 180-room hotel and retail. The hotel now has been added back in.
A police substation would be part of the mix, and a grocery store and post office building could be built.
The rest of the east-side land will remain city-owned to protect the city from any additional development in the future that it does not want.
The west side would include a new City Hall and Community Center. The rest of the land would include recreation facilities including 10 clay tennis courts, a tennis club, a multi-purpose facility that would include basketball courts, and a large children’s playground.
A promenade lined with shade trees would run in the center from the north end to Palmetto Park Road. All the existing banyan trees would be preserved where they are now.
The concept is to preserve the west side largely as the existing Memorial Park, but to add elements that would commemorate veterans.
Uncertainty ahead
Terra/Frisbie is leaving open the door to more changes, although its officials have not said at what point they could no longer do so and would walk away from the project.
So far, the city shows no signs of cutting Terra/Frisbie loose.
But under pressure from Save Boca, the City Council on Oct. 14, by a vote of 5-0, pushed back the date of signing a master agreement with the developers.
The council was set to approve the master agreement on Oct. 28, three days before the interim agreement with Terra/Frisbie was set to expire. Under pressure from Save Boca, the council postponed that vote indefinitely.
The Oct. 14 action extended the interim agreement to as late as May 1, but after voters have their say in January.
Save Boca leader Jon Pearlman said he was “sad and surprised” by the extension.
“Don’t extend this agreement. Let it expire,” he said. “Don’t continue with this abominable plan. … This project will be turned down by a landslide when it goes to a vote.”
Save Boca has kept up the heat, urging residents to attend and speak out at every council meeting. They have done so, speaking with passion.
A battle over facts
The city has responded by increasing its communication with residents on the city’s website, in emails and on social media. Officials have provided frequent updates on all new developments.
They also are pushing back against what they deem to be misinformation or distortions by Save Boca. This includes “Facts First” communications that attempt to correct the record. They have tried to do the same at council meetings.
But residents either don’t believe what officials are saying or aren’t listening. On numerous occasions after officials correct an erroneous statement, a resident has come to the microphone to make the same statement.
Save Boca supporters have made numerous claims that city officials have tried to debunk.
Among them is that Pearlman has repeatedly said that the city has $667 million in reserves, and so can easily afford to build a new City Hall and Community Center without entering into a public-private partnership with Terra/Frisbie.
Deputy City Manager and Chief Financial Officer Jim Zervis has explained several times that this is incorrect.
The city has reserves in 22 funds that are dedicated to covering various city functions such as providing water and sewer services. The city is legally required to spend the money for those purposes, and cannot divert it to build buildings.
Pearlman also said that Deputy City Manager Andy Lukasik has been paid $267,000 to work on the redevelopment project. City Manager Mark Sohaney responded that no city staff member has been paid extra to do that work.
In an Oct. 26 Facebook post, Pearlman said that on Oct. 28, the council was going to put Memorial Park into the hands of a developer to bulldoze it and put office buildings and high-rise condos on it.
But Rob Frisbie, Frisbie managing partner, had told residents on Oct. 14 that Memorial Park will be preserved largely as a park.
A number of residents have accused Terra/ Frisbie of soliciting only positive comments on the redevelopment plan on its One Boca website.
In fact, residents are able to make any comment they want. If, however, they support the project, they can access a link that allows them to sign a prepared letter about their support.
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