Sunday, January 3, 2016

Dishonoring the Charter Amendment

Comment Up

The difference in our elected officials making an Ordinance allowing Hudson Holdings to get what they want at their Gulfstream property and making a Charter change is significant. And the bully commission that wants its way on heights in our downtown knows it.

An Ordinance is a majority vote of the commission that can be easily changed at any time.  A Charter change, however, requires a petition signed by 10 percent of the registered electors that needs to be certified and then placed on the ballot so that all the registered voters have a chance to weigh in--not just three people.  Both an Ordinance and a Charter change are political but a Charter change is supreme.

But for some reason, the vote of the people was spit upon in Lake Worth by Maxwell, Triolo and Amoroso. They believe that they know better than the voters and they believe they have squashed our vote.

Laurence McNamara stated in a comment card that Florida Statutes 166.031 authorized citizens of any municipality to amend their charter in the exact way citizens did so to limit development in the downtown area encompassing the Gulfstream property to 45 feet. Citizens were disenfranchised by a questionable opinion offered to the sitting Commission by the Assistant City Attorney based on post facto legislation, which was used to ignore the citizens charter amendment and refused to place the amendment into the Charter.

Post facto legislation was illegal in criminal cases and was becoming indefensible in civil cases with great regularity. To avoid exposing citizens to another lawsuit, it would be prudent for [the Commission] to reject this rezoning application and require the purported developer to work within the existing zoning regulations and the 45 foot limits of the charter amendment.

A City Charter is the Constitution of a municipality and its highest law. Ignoring it would put the developer and the City at risk of any construction in violation of its limits.

25 comments:

Pissed said...

I agree with you Lynn, these three need to be voted the hell out of office in Lake Worth. I am not voting for any of these assholes. They are liars and bullies. God I hope we can get some new blood in out city. We need a new city manager too. We all deserve better than these dicks. I am so fed up with the mediocrity here. Lake Worth is such a beautiful place and could be so much better if we could get the crime lowered, the blight and pot holes addressed, and decent management here running our city, people who care and are competent. Those three X's need to be run out of our city once and for all. They won't get my vote, I can't imagine many wanting to vote for such goons.

John Rinaldi said...

Lynn we both know that Mr. McNamara is not an attorney. Nothing is more dangerous than accepting legal advice from someone who thinks they understand Florida Law. The fact is our city attorney gave a well researched legal opinion to the commission. The commissioners all took oaths to abide by that law. If I follow your logic they should have told their attorney to pond salt and honored the vote which would have opened us up to tons of lawsuits from landowners all over the city that could have cost us millions in legal fees. They had no choice but to comply with the law.

Lynn Anderson said...

John, as you know there are always several sides to a legal opinion, yours included.

Anonymous said...

Those two commissioners have been in office for forever, i agree we need new blood in LW and a new direction. Did anyone see that news letter that the CM put out? What a load of crock... Hopefully not too many people eat it up, hes a lier and a fake! He doesnt care about the employees whatsoever nor this city, only his $145,000 paycheck. I live in LW and found a beautiful house to buy to make it permanent but the politics here are so upsetting its holding me up from pulling the trigger.

Anonymous said...

Easiest way to fix our city is change out the people running it. They could careless what the public has to say but watch since the election is coming up i bet they will be saying more what the public wants to hear to win then once they win theyll continue the same old bs. Look at Bronstein we have him for 4 more years, haha. What a sweet deal he scored. So what if he's hated he has it made here. Hes a spinless bureaucrat.

Anonymous said...

true i sold my home in lake worth bc its all political, its not a good city to invest in. No one even wants to work there, the employees are jumping outta their... Look at west palm they are at least trying to combat the homeless, drug addict and prostitute problem. This city welcomes them.

Anonymous said...

Our votes do not matter to our current office. But aren't these people elected to represent us?

Laurence McNamara said...

John, I am told that you are no longer an attorney.

I have been involved in many Charter Amendments over the past 10 years and have been represented by many competent, practicing Florida attorneys, one of whom even referred a client to me as being more knowledgeable than she is about Charter Amendments.

As Chairman of SWAT, I, with my colleagues, used a Charter Amendment to save Old Bridge Park from turning into a 6 story condo which would have taken away that priceless waterfront park now so necessary for parking, fishing, and the wonderful green market.

I brought a Charter Amendment to Palm Beach to prevent the destruction of the Poinciana Theater and the imposition of 6 story condos on that waterfront.

The zoning change contemplated by the 3 developer friendly commissioners-Pam Triolo, Scott Maxwell, and Andy Amoroso- ignores the Comp Plan re adjacent properties, in addition to disenfranchising the voters who demanded 45' there in a LEGAL Charter Amendment, and opens up the City and developer to the likelihood of legal action which will further delay rehabilitation of the Gulfstream.
As a former attorney, you know the slippery slope of ex post facto legislation.

By the way, I maintained a 4.0 throughout my paralegal studies, so am well versed in Florida law.

Anonymous said...

Its all about the bucks in the wallet

Anonymous said...

To anon @ 5:01, i read that letter too and got the same out of it. The CM is a patsy and a lier. He puts out these well written letters but then does the complete opposite. He cares so much about the employees as he states? Then how about you fix the problem and make the city a city where people leave other cities to work in LW not how it is now where people work here just for experience then leave to go work for a real city that cares. Plus its now January and they still haven't seen that 4% haha your a joke & if you really care about the pot holes why dont you fix them. I know a guy on South H st past 6th ave who fixed a pot hole themselves and now they are in trouble for tampering with city property. Get it together and cut the fake front. Thank you

Anonymous said...

I am a lake worth employee and I try my best to stay away from city hall, to many false faces and empty conversions. We need leaders in Lake Worth, not the phony corrupt politicians we currently have in Office. All the people that have the "power" to enact real change are the ones that are to consumed with looking pretty infront of the public yet behind closed doors they do what they want want to further their own agendas. Im sure they read this blog and I've read the comments on many of Lynn's articles and it seems the majority of the public is on the same boat. Change your attitude, care about the employees, tell the public the truth and then we can begin to get the city back on track. I love what this city used to be and what we have become is not the Lake Worth I remember. You have the opportunity to change the course of this city for the better. Why not seize it?

Anonymous said...

To commentor 6:19. They dont seize the day because they honestly do not care to, simply put.

Anonymous said...

We have a pitful commission & managers in this city. How can they tell the public the city is to broke to fix the pot holes when they turn aroubd pat eachother on the backs and vote in raises for another while the employees get ZERO and the PUBLIC continues to see the city roads in disrepair.

Anonymous said...

It seems like we need a whole regime change, i moved here in 2004 and this place continuously has gotten worse yet all these politicians want to make false states. The CM letter on the city website was just another empty letter full of bs. You want this city to be strong again resign and take your whole cabinet with you

Anonymous said...

I cant stand that smug absolutely fake smile Bronstein has on all the time. He pretends to care about this city but his actions say different. I hope he reads this blog along with the rest of commissioners & city department heads. So many opinions, cant they take a hint?

Anonymous said...

Whats your take on this Lynn?

Anonymous said...

The employee's could careless about how this city looks bc they are mistreated and they are the ones day in day out that maintain it. Treat them right and they'll prob do that lil extra that will make a difference. But the commission rather give raises to the Cm & dept heads then cry poverty when it comes to the workers.

Lynn Anderson said...

@9:01. Are you asking me my take on employee raises? This blog post is about this trio and not honoring the vote of the people.

However, raises must be given. They have been appropriated and approved in the budget. Please ask your Union to stop holding up the process by playing hardball with the city.

I am surprised that your union does not keep you apprised.

Anonymous said...

Ok so what have we learned today? That larry mac is not an real attorney but he did maintain a 4.0 gpa in a class non english speakers can pass so that qualifies him to dispense legal advice to everyone inthe city of Lale Worth. One of your readers doesn't know how to spell lier, but they compliment themselves for their posts. You disregarded Rinaldi by saying there's more than one opinion but you can't cite any that would confirm your argument about the height restrictions in the city being higher than you wanted. You're going to slander decent honest people because you don't like them, (I hope one if not all of them sue you for lying) and that your little gang of malcontents is planning yet another lawsuit.
Nice to see you and your little gang of malcontents have grown and evolved over the past 15 years. Or is it 1999 again?

Anonymous said...

City leaders posture about petty issues that really don't matter all that much, the beach (which is lovely), the pool (which works just fine when its opened), the Gulfstream (will never reopen) and ignores things like the increasing crime in this City, several murders and dead bodies this year, ignores the homeless population that is balooning (just take a stroll thru the cultural plaza at any given time there are 15-30 homeless sleeping there), the sober homes (spinning off the homeless and dead bodies) and code enforcement (sleeping at the wheel 90% of the time).

I'd like to hear some of the new candidates talk about these issues.

Lynn Anderson said...

@12:06--What we have learned is that you are one rude piece of work.

Anonymous said...

Hey anony at 1206, learn how to spell

Anonymous said...

I think the anony poster at 12:06 needs to get a life and stop slandering people who are obviously much smarter than he. It must be a difficult burden to go throughout life being such a miserable person. Mr. Mcnamara is well respected and always shows class, something you don't have. It's no wonder so many people want to move from this town.

Anonymous said...

Mr. McNamara is a well respected citizen and well informed on current as well as past issues. I would much rather be represented by a gentleman with integrity like him than what passes for legal representation behind the dais. They will say virtually anything it seems they are paid to say. A constitutionally passed charter amendment is thrown out because the developers who control the present majority say so. I don't recall our City Charter being changed. The only time this gang of 3 has honored a legitimate vote is on the bond issue. And that only after not gaining any traction for some lame-brained scheme for a lawsuit with other municipalities to get rid of the Supervisor of Elections. Don't like the results of an election? What the hell, just get rid of the supervisor. Law, what law? The law is whatever cock-a-mamie story will support their land grabs under the table. Perfectly predictable that they will rubber stamp whatever HH wishes. Including the beach just as soon as elections are over. Unless people find out what they are up to. Which I am going to do my damnest to be sure the voters know about.

Anonymous said...

Mr Rinaldi, an attorney at the Palm Beach County I.G.'s office (the previous IG's office, when we had a real IG. Not the Butt rubber we have in that position now )said the election results had been certified and were the law in Lake Worth at 12:01 A.M the day after the election.The law is the law is the law. Period.What Rick Scott signed into law does not apply to our municipal Charter Change.
Didn't Pam ,Andy and Scot learn anything from what happened to Dirty Szerdi?