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Public commenters urge Boca Raton CRA not to sign City Center contract before March referendum; city attorney explains timing
Summary
Two public commenters urged the CRA not to approve or sign the Boca Raton City Center LLC agreement before a March 10 referendum, citing contract language they said would bind the city; the city attorney said the council must finalize terms in January so voters know what they will decide and read alternative language clarifying postponements outside parties' control would not be treated as a voter rejection.
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John Perlman, a Boca Raton resident who addressed the Community Redevelopment Agency during the public request period, urged the board not to approve what he called "ordinance 57 69" or sign any contract with Boca Raton City Center LLC before the March 10 referendum. "Do not approve ordinance 57 69 or sign any contract with Boca Raton City Center LLC prior to the referendum vote on March 10," Perlman said, saying roughly 150 city residents had emailed the council opposing action before the vote.
Mike Libelson — who identified himself as a candidate for mayor — made a similar appeal, calling past schedule changes and legal steps "anti-democratic" and urging the CRA to "vote down ordinance 5, 7, 6, 9" and to "Don't sign any contract with the developer until a vote is taken by the people on March 10." Libelson said the public's ability to decide the project should not be removed.
Mr. Koehler, identified in the record as the attorney drafting the transaction language, told the board the timing and the disputed clause were intended to let voters know the agreement's precise terms and to prevent the outcome of a legitimate referendum from being undone by events outside the parties' control. He pointed to a supervisor-of-elections mailing deadline on January 24 and said that is why the council is being asked to finalize terms on Jan. 20 so the proposed agreement can be publicly available and reviewed. "The postponement, delay, or rescheduling of the referendum due to circumstances outside the control or decision making authority of the city or the partner, including without limitation a declared state of emergency or other force majeure event, shall not constitute a rejection of the referendum," he read aloud as a clarification intended to preserve the voters' ability to approve or reject the project.
A board member asked that the discussion be continued at a workshop so the board and public could be better informed; the mayor said staff worked over the weekend to respond to concerns and reiterated that the matter will be presented for public consideration. The meeting included a short, successful voice vote to approve the minutes and concluded with no action taken on the City Center contract during this session.
The transcript records John Perlman naming "Chairman Mark Wigder" and George S. Brown as signatories in the proposed contract; the record also shows roll call references to "Chair Wachter" earlier in the meeting. The speaker who made the signatory claim was a public commenter; the board did not make an on-the-record determination of those identities during this meeting.
Next steps: the council is scheduled to consider finalizing agreement terms in mid-January so that a public, vote-ready version is available ahead of the March 10 referendum.
