Something amazing happened during Monday’s Boca Raton City Council hearing on Mizner Plaza.
Civility and sensibility broke out.
Sure, we heard the occasional caustic comment about the council “rubber-stamping” development approvals. Much of the discussion, though, focused on how to protect residents of the adjoining Tower 155 condo during construction of what will be a luxury hotel facing Mizner Park.
Even among Tower 155 residents who opposed the project, the tone was markedly calmer than when Mizner Plaza went before the Planning and Zoning Board this month. Perhaps former state Sen. Ellyn Bogdanoff had convinced her clients—those same residents—that the eventual 4-1 vote for approval was inevitable and that they should focus on what Bogdanoff called “safety” for themselves.
Indeed, Mizner Plaza’s attorney, Ele Zachariades, called Bogdanoff “lovely” to work with. The developer—Investments Limited—agreed to review the engineering report that details what the owners allege are construction problems that led them to sue Tower 155’s developer, contractor and subcontractors.
In addition, Investments Limited will provide vibration testing to guard against damage to Tower 155. The developer also agreed to power wash or repaint the condo after construction, if necessary. Mizner Plaza will build raised crosswalks from Tower 155 and to Mizner Park.
The developer did not agree to all the owners’ requests. Example: They wanted a wind tunnel analysis of the space between the buildings. Zachariades noted that the distance will be 54 feet, not enough to create such an effect.
In an interview, Zachariades acknowledged the gripes of residents who have had “unobstructed views” for nearly a decade. But as she did before the Planning and Zoning Board, Zachariades showed that rejecting the project would have left the city vulnerable to a lawsuit.
Investments Limited, Zachariades said, could have asked for 210,000 more square feet under downtown development rules. The stepped-back design of that smaller mass will minimize the loss of views from Tower 155. And the project is in a downtown, more intense setting. Tower 155 residents, Zachariades said, “chose to live there.”
Some residents questioned the developer’s request to provide 229 fewer parking spaces than code requires. Zachariades argued again that the downtown code is outdated—city staff agrees—and that very few hotel guests come with cars. She also pointed out that 35 percent of Mizner Plaza’s square footage—on which parking spaces are calculated—is “infrastructure” that won’t generate car trips.
Councilman Marc Wigder raised the issue of the hotel’s underground parking garage. He noted the extra expense and potential leaks. A resident pointed out that Zachariades just asked for a change to Investment Limited’s hotel at Royal Palm Place from underground parking to an above-ground garage.
Zachariades said the configuration at Mizner Plaza makes underground parking “more efficient” than at Royal Palm Place. She acknowledged the added cost but said a garage would detract from “the most beautiful project I’ve represented. And do we really want a garage facing Mizner Park?”
Mayor-elect Andy Thomson summed it up in words that the incoming council members—the Save Boca slate— should consider. Downtown rules “vest property rights.” There is no “constitutionally valid basis” for denial. As for how a property is used, “The owner gets to decide.”
Who will chair Boca’s CRA?
Speaking of Thomson, the new council may have to break with precedent during its organizational meeting Tuesday.
Once Thomson and the three new members are sworn in, they must choose someone to chair meetings of the Community Redevelopment Agency (CRA). That’s the entity that oversees downtown. The council was acting as the CRA on Monday.
Because the mayor runs the regular and workshop meetings, the council until now has chosen someone else to run the CRA meetings. For the last year, it’s been Wigder. But Wigder had experience; he had served on the council and he’s a real estate lawyer. The Save Boca slate has no such experience.
As the only council holdover, Councilwoman Yvette Drucker might be suitable. But she must resign before her term ends because she’s running for county clerk.
Lack of experience is especially problematic. The next council must write new rules for downtown redevelopment. The deadline is 2028. And City Manager Mark Sohaney just fired Deputy City Manager Jorge Camejo, who has more institutional knowledge about downtown Boca Raton than anyone at the dais combined.
The smart, responsible move would be to have Thomson run the CRA meetings for now. In March 2027, after the next election, one of the new members may be ready. But none of them has run a meeting and now is not the time to start learning.
Mike Liebelson files suit against Mayor-elect Thomson
Speaking again of Thomson, he and his campaign consultant have drawn a lawsuit from Mike Liebelson, whom Thomson defeated by five votes.
Liebelson alleges that pro-Thomson ads from the consultant, Rick Asnani, and committees he controls carried “false and misleading statements” that defamed Liebelson. He seeks a jury trial and damages of between $50,000 and $75,000.
The lawsuit reads less like a legal filing and more like a campaign document. It rehashes Liebelson’s talking points about being a businessman “not beholden to special interests.” It states that the defendants “targeted” Liebelson “for the simple reason” that he opposed the Terra/Frisbie downtown redevelopment project. Thomson not only opposed the project; he secured the vote that killed it.
Though Liebelson did not have Save Boca’s endorsement, he regularly wore Save Boca T-shirts. The lawsuit, like his campaign ads, states that Liebelson “stands with Save Boca.” It sounds as if Liebelson will seek that Drucker seat, using the Save Boca slate as allies if necessary. Leibelson was back at Tuesday’s council meeting touting a campaign point about money to candidates from developers.
As Thomson was running the attack ads in question, Liebelson was running his own, basically accusing Thomson of being corrupt for taking money from developers. Those negative ads helped to make the race so close.
It could be interesting to see where this case goes. In 2018, the losing candidate in a West Palm Beach city commission race filed a similar lawsuit against Asnani. He countersued, claiming that the litigation illegally attempted to silence political speech. Asnani won.
As of midday Wednesday, Asnani had not been served. He has released a statement: “The lawsuit was a last-minute political stunt that was pursued in the media, not the courthouse.” If served, Asnani said, “I look forward to defending the suit and protecting against those who seek to silence free speech rights through litigation. Voters have a right to know the facts about a candidate’s record.”
Boca to conduct national search for next police chief
Boca Raton’s next police chief will not be the acting chief.
This month, Sohaney fired Chief Michele Miuccio, telling me that she had “lost the support of the rank and file.” He named Assistant Chief Elizabeth Roberts to run the department during the search for a permanent replacement.
This week, though, Sohaney announced in a news release that the city will conduct a national search for a chief. Roberts will prepare for “a potential transition after receiving a conditional offer for a new professional opportunity.”
A city spokeswoman declined to specify what that “opportunity” is. Roberts, the spokeswoman said, “is currently finalizing the remaining steps in the hiring process. Because the offer is still conditional and not yet fully complete, we are not identifying the organization at this time.”
Sohaney wants to move quickly. The city will take applications until early April and begin reviewing them April 8. The spokeswoman expects Sohaney to choose a chief in six to eight weeks.
Delray Beach to discuss Subculture Coffee parking
Delray Beach will hold a special meeting at 4 p.m. Tuesday to discuss parking at Subculture Coffee.
Neighbors and some city commissioners allege that Subculture has expanded beyond the “grab and go” business model that allowed it to provide fewer parking spaces than required. If the commission agrees, it could rescind that approval and ask Subculture to provide more.
This issue had been set to go before the commission on March 9. Subculture had packed the chamber with supporters. But Subculture’s attorney asked for more time to review staff comments. Seeing that the crowd again will be large, the city scheduled the Subculture-only meeting.
