A Boca Raton lawyer is trying again to keep the Save Boca charter amendment off the ballot.
Ned Kimmelman has refiled the lawsuit he withdrew last month. As before, he argues that the language Save Boca used to gather signatures contained “falsehoods” by overstating support for the initiative—which is designed to block the Terra/Frisbie downtown redevelopment project—and wants all the signatures declared invalid. If that happened, Save Boca would not have time to mount a new drive for the March 10 election.
In his filing, Kimmelman notes that the proposed amendment states that “the majority of registered voters” in the city “have determined” that the proposal “is necessary for the preservation of the health, welfare and safety of the community.” He argues that Save Boca offered no information to support such a claim.
Putting that statement into the city charter, Kimmelman says, would codify Save Boca’s “deceptions.” Only another referendum could undo the amendment.
Again, Kimmelman argues that the change would be “unworkable” for Boca Raton by requiring a public vote on the sale, lease or “alienation” of more than one-half acre of public land. He cites the donation of land for Blue Lake Elementary School that the city council had to authorize quickly or lose construction money for the school. If the council had had to wait for a vote, Kimmelman says, the deal wouldn’t have happened.
Kimmelman further claims that the proposal’s language is contradictory. It refers to any property “greater than one-half acre or any part thereof.” Which would apply?
Save Boca founder Jonathan Pearlman has not returned voicemails over many months seeking to determine who wrote the proposed amendment and whether the group consulted a lawyer.
Kimmelman said he refiled the lawsuit because the council scheduled the vote on the charter amendment for Jan. 13, to coincide with a special election for a Florida House seat in the northern part of the county. It was an odd decision. The city will have to spend perhaps $200,000 or more for a special election, since Boca Raton does not include any of the House district. Turnout for such a key ballot item will be much lower than it will be for the crowded city ballot in March.
Kimmelman said he will seek an emergency hearing for an injunction to block the vote. He has named as defendants Save Boca, Pearlman, the city and Supervisor of Elections Wendy Sartory Link.
Kimmelman has subpoenaed Pearlman and his wife, Lyudmila Schnieder Pearlman. State records list them as officers of Save Boca. Kimmelman also has subpoenaed Buffy Tucker, a Realtor. Records list her as vice president of Save Boca.
According to court records, a process server visited Pearlman’s home last Wednesday and Thursday. On Wednesday, two cars were in the driveway and the server saw “a white female through the window, but she didn’t come to the door and then “closed [the] curtains so I couldn’t see her.”
The next day, with three cars in the driveway, “a while female came towards the door.” The server asked for Jonathan Pearlman. The woman did not answer. She said of the service papers, “We don’t want them.” The server left the papers and the door and told the woman that “she’s been served.”
On Monday, Kimmelman said, “In my opinion, Mr. Pearlman is trying to avoid service of the complaint.” I left another voicemail for Pearlman on Monday. He did not respond.
Another lawsuit over Boca’s proposed downtown campus
Meanwhile, a hearing is scheduled for Dec. 12 on the lawsuit seeking an injunction against the Terra/Frisbie deal.
Lorraine Blank, a city resident, filed the lawsuit as a pro se litigant, meaning that she is representing herself as a non-lawyer. Blank contends that the deal is invalid because state law requires an independent financial analysis of such public-private partnerships (P3s), and the city hasn’t performed one.
In its motion to dismiss the lawsuit, the city argues that the time to produce the analysis has not passed and thus Blank has no standing to sue. Because the city and Terra/Frisbie still are negotiating over the plan itself under terms of the interim agreement, any claim of damage by a member of the community is “hypothetical.” The city has hired two consultants to review the financials of any deal.
In addition, the city claims that private citizens can’t seek relief under the P3 law, and that sovereign immunity protects the city from litigation. Blank’s complaint, the city says, amounts to “a policy disagreement, not a valid legal claim.”
A heated exchange between Councilman Marc Wigder and Jonathan Pearlman
Campaign speeches broke out during last week’s Boca Raton City Council meeting.
It started when Councilman Marc Wigder proposed a community land trust. Such nonprofits can allow protection of public property and keep it free of market pressures. Some cities have used land trusts to create affordable housing.
Public comment began immediately after Wigder’s presentation. Pearlman was the first speaker. Pearlman has filed paperwork to challenge Wigder in Seat B.
Pearlman called Wigder’s proposal a distraction from the councilman’s actions on the Terra/Frisbie plan. Wigder, Pearlman said, had wanted to “bulldoze” Memorial Park and downtown recreation facilities under the first version of the plan. “Save Boca saved Memorial Park,” Pearlman said. The latest Terra/Frisbie plan creates a much more formal recognition of Memorial Park than has ever existed.
If Wigder stays on the council, Pearlman said, he will try to “bulldoze” other parks, including those on the oceanfront. A 2016 charter change prevents that, but Pearlman kept on. Wigder will be “arm in arm” with those trying to “bulldoze our parks.” The citizens, he said, are “appalled.”
Wigder asked for time to respond, then fired back.
Pearlman’s accusations are “dystopian fantasies,” Wigder said. He has backed the Terra/Frisbie plan because of potential revenue to the city from lease payments at a time when the Legislature talks about cutting or ending property taxes. “I won’t apologize for wanting to pay cops.” He also noted that the current plan envisions “more green space” in the 30 acres around City Hall “than there is now.”
Referring again to the projected revenue from redevelopment, Wigder said that while the amount “might be a can of Coke to people who just moved here a year ago and are trust fund babies,” he was seeking something to benefit the city. According to property records, Pearlman has lived in Boca Raton for 11 months. His 7,583-square foot house has a market value of $6.3 million. Wigder’s biography says he has lived in the gated Woodfield Country Club for 15 years. He bought his current home for $2.125 million.
“You can have your fantasies,” Wigder said of Pearlman, “but eventually you have to be for something, not against everything.”
Mayor Scott Singer said, “Thank you, Mr. Wigder.”
Challenges to Save Boca claims
In an earlier comment, Singer also challenged Pearlman in a way that goes to the lawsuit against the charter change.
Pearlman and other Save Boca members regularly criticize the council for pushing ahead with the Terra/Frisbie plan despite what they claim is overwhelming opposition. Recently, Pearlman has claimed that Save Boca obtained 12,000 signatures on petitions calling for a vote on the project. There are about 61,000 registered voters in Boca Raton. To get the charter amendment on the ballot, Save Boca had to collect 10% of that number. According to the city clerk’s office, Save Boca got 6,201 signatures. It’s unclear where the 12,000 figure comes from. That would be another question for Pearlman—perhaps under oath.
