The Save Boca ordinance that was deemed unconstitutional by a judge will have an amended version drafted in the coming weeks.
The ordinance as written would require a referendum vote for the sale or lease of city-owned land larger than a half-acre. It was the subject of a lawsuit that was withdrawn on April 1. Now, Councilmember Jonathan Pearlman is pushing for its adoption. “I think it’s playing with fire if we ignore the will of the people we serve,” Pearlman said during what became an intense debate during the first meeting of the new city council.
Pearlman, holding a stack of emails from Save Boca supporters in favor of the ordinance, echoed allusions to corruption that were levied against the former city council that approved the Terra/Frisbie One Boca proposal. “If you’re not listening to these, we’d all love to know, who are you actually listening to?” he asked.
Councilmember Stacy Sipple repeated a concern she shared during Monday’s workshop meeting that the ordinance should be amended with less rigid language. “I was told that there would be amendments made to it, regarding nonprofits such as hospice that would be addressed later,” Sipple said to Pearlman. “You kept telling me that. So I am holding you to that. That was one of the conditions.”
After being asked by Mayor Andy Thomson if there was anything she’d like to add, Sipple responded, “No, but I don’t want my family threatened anymore either.” We have reached out for comment for clarification on this comment.
Pearlman clarified that the ordinance language, which provides no exceptions, should remain as is. “The language here on the Save Boca laws was backed by over 12,000 signatures across the city,” said Pearlman. “We need the voter-approved language of the Save Boca ordinance enacted right away by this council.”
Councilmember Michelle Grau, who, like Sipple, was elected as part of the Save Boca slate, agreed with Sipple that the language should be amended before the council votes on it. “Our goal should be to put forward language that is clear, defensible, and durable so we can avoid future litigation and ensure this holds up over time,” said Grau.
Pearlman responded that “It seems to me, Ms. Grau, that you think you know better than the voters.”
At this, Thomson interjected. “All of us are going to be colleagues for some period of time, let’s make sure that we treat each other that way, please.” He concluded that the council would take the coming weeks to work with staff on the ordinance’s language.
City Attorney Joshua Koehler said that a draft ordinance—with amendments—could be prepared as early as the April 28 meeting. The new ordinance, if passed by the city council, will then go to voters. If approved, it will become part of the city charter.
We’ll have more as the story develops.
