McNamara Comment from last night's meeting

Comment Up

Good evening Mayor and Commissioners:

I reside at 422 North Lakeside Drive, 2 and ½ blocks north of the area affected by  Charter Amendment 2012-30, Amending Charter Building Height Limits in Designated Downtown Area, With Exceptions. Although England’s Parliament can pass any law they see fit, in America we threw off Britain’s yoke centuries ago, and our United States Constitution, in Article 1, Section 9 states:

“No bill of attainder or ex post facto Law shall be passed.”

Attorney Torcivia advised you that our Charter Amendment, passed on March 12^th, 2013, can be ignored because of recent retroactive legislation passed by the State of Florida, HB 537, prohibiting referenda on land development orders, comprehensive plan changes or comprehensive plan map changes. This legislation is legally unsupportable because of its retroactive clause, and is in this case irrelevant since it does not refer to Charter Amendments.

By failing to place the Charter change in our Charter, a change enacted by an affirmative vote of the people, in an election you called, and which cost us taxpayers  a $25,000.00 unnecessary expense because of your decision to delay and hold a special election, you are exceeding your authority and derelict in your duty as elected officials to uphold the law.

I ask you on behalf of the law abiding public to codify the Charter amendment in the Lake Worth Charter, and forward it to the State of Florida immediately.

Thank you for your attention and consideration.

Laurence McNamara
8/6/2013