The Vote and Will of the people are NOT supreme in Lake Worth

Comment Up

Glen Torcivia, city attorney--
Worth his weight in Gold

 One legal opinion siding with his bosses
4 of whom stomped on democracy

Last night, the attorney who reports to the commission, a body that stalled this referendum from the get-go, gave his legal opinion-- the heights referendum is null and void due to a recent change on a bill that Governor Scott recently signed. Was anyone really surprised? 

The bill, HB 537 prohibits initiative or referendum processes for any development order, local comprehensive plan amendment, or map amendment.

That was NOT what the heights election was about. It was a CHARTER CHANGE and in order to change the Charter, it must be by vote of the electorate.

The Charter is the bible or Constitution of the city, not the comprehensive plan or a map that can be changed by a political vote from the dais. The Charter already addressed heights. That is why Respectful Planning PAC was formed and took the issue to the voters. Their vote was decided on March 12, 2013 and it is supreme.

Even Vice Mayor Maxwell got rip roaring mad and red in the face by going so far as to accuse Commissioner McVoy of lying about heights by saying that the commission NEVER wanted to raise the heights; they wanted to lower them. Even Maxwell is confused about the Comprehensive Plan and the Charter. The commission RAISED heights in the Comprehensive Plan and this is why the Political Action Committee was formed to allow the people to vote.

This entire commission minus Commissioner McVoy has always wanted more heights in our downtown. Even now when the vote was decided and 56% of the voters said NO to their demands, they are stomping on democracy just one more time to get their way. You never would have known that last night with all the soft peddling they did. Triolo, Maxwell and Amoroso are all up for re-election. Even commissioner Szerdi, another conveniently "confused" commissioner, said he thought the language of the ballot initiative was "confusing."  Last night you felt as if you were in the campaign all over again. The ONLY thing confusing was their argument and devious tactics or stating that they had "no pony in the race." Of course they always did and do.

They fought the Respectful Planning PAC and all those who signed the petition tooth and nail and rather disrespectfully. They cost the voters $25,000 by moving it from the November election to March for a special election; They cost the PAC money to bring the vote home and exhausting hours to even getting it on the ballot. They delayed and delayed the outcome and would not codify the results. They were waiting for their opportunity and they got it with William Waters and Glen Torcivia both who are paid by the commission to achieve results to their point of view.

It was NOT an initiative or referendum for any development order
It was NOT an initiative or referendum for any local comprehensive plan
It was NOT an initiative or referendum for any map amendment.

It WAS an initiative or referendum to amend our Charter.

Florida Statutes mandate referendum when 10% of the registered voters sign a petition for it. When the referendum is successful, the Charter must be changed according to the expressed will of the people. Last night, this commission told the voters who wanted to keep our city at 45 feet that their vote did not matter to them.

When it comes to legal issues, there are always differences of opinion. That is why there is even a divide in the Supreme Court with 5/4 decisions. The Chair of Respectful Planning PAC said, "I will bring them to court."