A lawsuit seeks to prohibit Save Boca’s proposed charter change from going on the March ballot.
Among other things, Ned Kimmelman, a retired lawyer and downtown resident, challenges the wording of petitions for an ordinance and the charter amendment. Each says that “a majority of registered voters” in the city back the petitions designed to force a vote on the Terra/Frisbie plan for the area around City Hall. The charter petition says the majority “have determined that the amendment is necessary for the preservation of the health, safety and welfare of the community.”
There is no way, Kimmelman argues, that those “recitals are true,” because the petition does not cite polls or any other research to support the claim. He calls it “misleading language” that Save Boca used “to induce” voters to sign the petitions. He calls it “a fraud upon public” that is “ongoing.”
Kimmelman goes on to claim that the language violates state law, which requires that petitions cover just one subject and use clear language. In the lawsuit, he calls attention to the wording that the city “shall not alienate from the public, lease, or sell any [city-owned land] that is greater than one-half acre, or any part thereof” without a public referendum.
Kimmelman argues that “one-half acre” and “any part thereof” “contradict each other.” The many definitions of the word “alienate” could make the intent of the petition “a complete mystery to voters.” It is “indecipherable.”
Because of that confusion, Kimmelman says, voters could codify “falsehoods.” Approval of the charter change —which only another referendum could undo—would cause Boca Raton to “cease to function the way it must to operate as a city.”
With this line of argument, Kimmelman echoes what city administrators have said. Not even the simplest transaction involving public land—renewal of a non-profit organization’s lease, a utility easement—could happen “without a dispute over the necessity of a public vote.” The most appropriate title for the proposal, Kimmelman says, would be “Litigation.” When we spoke Friday, Kimmelman said approval “paralyzes the city.”
In addition to Save Boca, Kimmelman names the City of Boca Raton and the Palm Beach Supervisor of Elections’ office as defendants. The city certified the petition for the March 10, 2026 ballot after the supervisor’s office confirmed that Save Boca had obtained enough valid signatures.
The city normally does not comment on lawsuits. I left three messages seeking comment from Save Boca Founder Jonathan Pearlman; none were returned.
Save Boca founder seeks earlier election for charter change
Even after the supervisor’s office had told Pearlman that the charter petition could not go to voters before March, he still wants an earlier date.
In an Oct. 2 letter to the city, Pearlman asked that the referendum take place Dec. 9. That’s the date for a special election to fill the Florida House 90 seat left vacant by the death of Joe Casello. Voter turnout at that time would be much lower than in March, when Boca Raton’s ballot will be jammed. Low turnout favors organized, energized voters, like those who support the charter change.
But District 90 includes no parts of Boca Raton, so city precincts will not be open. And Elections Supervisor Wendy Sartory Link reiterated to me last week that her office’s schedule could not accommodate a city election before March.
Link noted that under state law, her priorities are elections for federal, state and county office. “We are a contractor for the cities,” she said. And the office might have to hold another special legislative election early next year if Gov. Ron DeSantis schedules one for the Florida House seat vacated when he appointed Mike Caruso to be county clerk and comptroller.
Even if the schedule allowed for it, choosing the earlier date would be bad policy. Given the potential far-reaching ramifications of the charter change, as many voters as possible should be able to weigh in. A March date also will allow any opposition to organize and present its side.
The topic may come up today when the council holds all three of its regular meetings, starting at 10 a.m. The usual Monday-Tuesday schedule was changed because of the holiday.
More candidates added to Boca’s March ballot
That March ballot for Boca Raton City Council just got more crowded.
Jessica Gray has filed paperwork to run against former Councilman Robert Weinroth for Seat D. If all announced candidates qualify next month, three of the four council seats coming open will be filled through contested elections.
Councilman Andy Thomson must resign from Seat D to run for mayor against Vice Mayor Fran Nachlas. Her three-year term in Seat A is expiring. Christen Ritchey, a member of the Planning and Zoning Board, is the only announced candidate for that seat. In Seat B, Councilman Marc Wigder faces challenger Meredith Madsen in his bid for a second term.
Weinroth served on the council from 2014 until 2018, when he won a seat on the county commission. After a failed run in 2022 for a second term and a failed run last year in a Republican congressional primary, Weinroth wants another term on the council. He also filed to run for the school board last year before dropping out.
Gray is the founder of Boca Save Our Beaches. She became part of a lawsuit by the owner of the lot at 2600 N. Ocean Blvd. challenging the city’s denial of a variance to allow construction of a duplex. The owner alleged that the council appointed Gray to a seat on the Environmental Advisory Board despite her opposition to the project. After the owner sued, a judge ruled that the city had to allow the project.
Additional apartments at Camino Square on Boca CRA agenda
On the agenda for today’s meeting of the Boca Raton Community Redevelopment Agency is approval of more apartments in the Camino Square project.
When the developer first proposed it, Camino Square was going to be half apartments and half retail on the roughly nine-acre site along Northwest Fourth Avenue near Camino Real. Those first 346 apartments have been built. The city required improvements to nearby roads to deal with greater traffic.
For Phase 2, however, the developer wants to add 394 apartments that would be on the north side of the project. Camino Square would have only about 8,000 square feet of retail space, half of that for fast food or casual restaurants.
No one spoke in opposition when Phase 2 went before the planning and zoning board. The board recommended approval. So do city planners.
Mizner Plaza developer submit new proposal
James and Marta Batmasian of Investments Limited have submitted a new application for their proposed luxury hotel just south of Mizner Park.
This proposal differs only slightly from the one that the Planning and Zoning Board approved in August. The main difference is that the Batmasians no longer want to buy a 0.3-acre site from the city that they had planned to convert to a park. It now provides parking for the downtown post office.
The hotel would displace that facility and the one-story retail plaza to the west. Mizner Plaza would be across Northeast Second Street from Mizner Park.
As before, the hotel would have 219 rooms. The project would be 12 stories tall with 330 parking spaces. The new plan envisions two floors of underground parking. In their application, the Batmasians tout a “new standard” for downtown and a “one-of-a-kind development.”
Removing the city land also will remove one argument against the project by residents of Tower 155, which is south of the site. Their attorney had claimed problems with the transaction as city staff presented it.
Ele Zachariades, the Batmasians’ attorney, said the new plan will go back before the community appearance and planning and zoning boards. There is no timetable.
Delray Beach City Commission to approve golf course contract
On the agenda for today’s Delray Beach City Commission meeting is approval of a contract to renovate the golf course.
According to the staff memo, the city sought bids in July. Three companies responded. Only NMP Golf Construction’s proposal was considered “responsive.” NMP, which is based in Williston, Vt., was the high bidder, at $33 million. Staff negotiated that figure down to $28.5 million. The city will finance the project with a revenue bond.
“The scope of work,” the memo says, “includes full restoration of the 18-hole municipal golf course which includes new practice facilities, new on-course restrooms, a new maintenance facility, new irrigation system including pump house, parking lot improvements [including lighting], upgrades to an existing vehicular bridge [for staff and maintenance equipment] and complete replacement of a second existing bridge [for golf carts and maintenance equipment].”
If the commission approves the contract today, work could begin in December, with the course reopening in late 2026.
Delray commissioners to hold workshop for Pride intersection replacement
Also today, the commission will hold a workshop meeting to discuss a replacement for the LGBTQ Pride intersection that the state removed last month.
A majority of commissioners favored using private money for whatever the city creates to express inclusivity. The agenda headline refers to “external collaborations and partnerships.” I’ll have more after the meeting.
