Charter Amendments 2 & 3

Don't vote to take away your vote! No on March 10, 2026. Lake Worth Beach, Florida

Vote no on March 10 2026, Charter Amendments 2 & 3. Vote NO to keep your vote.

Lake Worth Beach City Commission is trying to take away the currently required citizen vote for long term leases of public property. The Beach, the golf Course, the parks.

Vote No on March 10th to protect our vote. Public land, Public Vote. Most of the parks that we have now were saved by an amendment that people put on our charter 22 years ago. We keep going through the same crap.

They have not proceeded in good faith. The presentations have been one-sided. Propaganda paid for with tax dollars. They hired consultants to create misleading materials. The ballot language does not say what we are voting on. The people were not allowed to speak at the public meetings, only to ask questions of consultant.

Beachfront and Golf Course Development Proposal

Commissioner McVoy shares letter from Law firm, Lewis, Longman & Walker P.A.

Regarding our beach

McVoy said that "It seems another commissioner (Mimi May) was wrong when she asserted that ‘any charter referenda would have nothing to do with proposals at the beach.’"

LLW represents the developer and they suggest referendum language in support of the Unsolicited Proposal submitted to the City on January 16, 2025, for the redevelopment of the City’s beachfront and golf course properties.

Lewis, Longman & Walker is requesting the following be on the agenda on the September 2 meeting:

1. Shall the City of Lake Worth Beach be permitted to enter into a 99-year lease over Cityowned property east of the A1A roadway, to permit the development of a hotel and infrastructure at the beachfront and casino property?
2. Shall the City of Lake Worth Beach be permitted to enter into a 99-year lease over Cityowned property west of A-1-A roadway to permit the development of a hotel and infrastructure at the golf course property?

If the Commission accepts the proposal in a contract, the Charter first must be modified to a longer lease term.

This is on the Agenda for the 9-2-25 meeting under New Business B to be voted on at the March 2026 election.

Read the letter

As I was unclear about what Commissioner McVoy had said about Commissioner May, he sent a text of explanation:

Sent from my iPhon Ok, finally getting back. I guess I did not write very clearly. In past meetings, Comm May has expressed that any charter amendments that the Commission would put on a ballot, ‘would not be related [specifically] to the Copperline/Horizon project.’ I was very skeptical of that assertion when I heard it. The letter that I fwded from the attorney for Copperline seemed to make it very clear that amendments, referenda, etc to be put on the March 2026 ballot would *exactly* be for the Copperline project. In my mind, that confirmed my earlier skepticism.

Will Lake Worth Beach Save our beach?

Will protesters try to block trucks from using LWB’s public beach?

City commissioners raise possibility to Palm Beach in latest sand fight

"IF THE TOWN of Palm Beach tries to drive truckloads of sand down the middle of Lake Worth Beach’s popular public beach in January, don’t be surprised if throngs of protesters form a human barrier block the convoy.

That was the stark warning issued to town officials Tuesday night from city commissioners reacting to emails from angry city residents opposed to the town’s latest strategy to use the city’s public beach for a beach renourishment project.

On Dec. 3, city commissioners voted 4-1 to allow the town to access the south end of the city beach because they weren’t aware of the 2009 prohibition, which was never codified in the city charter when voters passed the referendum. When reminded of the charter violation nine days later by former city commissioner Cara Jennings, the city attorney said the Dec. 3 vote was moot.

When the city told Palm Beach officials they could not grant access to town trucks, the town countered by citing the 1935 state law, setting up a tense discussion Tuesday night at City Hall between city commissioners and Strayer. Palm Beach Mayor Danielle Moore also attended the meeting."

Read Joe Capozzi's article...

Palm Beach is determined to run trucks down and back through our beach to deliver sand in the month of January before turtle season. Our residents spoke out last night--and one was former commissioner Cara Jennings who originally brought forth the 2009 vote of the residents disallowing this.

Residents last night were furious about it, and rightfully so. Some speaking were environmentalist Jill Karlin and dive expert Dan volker indicating SEVERE DESTRUCTION OF THE MARINE LIFE OF HORSESHOE REEF could/will be destroyed by this action. Others condemned our own commission for voting for this on December 3 and pointed out that Commissioner McVoy was the only one voting "no" and looking after our interests.

The beach discussion started about one hour into this very long meeting-

Update from Commissioner McVoy on Town of Palm Beach Sand Project--NOT GOOD NEWS

Update regarding Town of Palm Beach trucks on our beach

"Unfortunately, the threat continues. I was told by staff that *within hours* of our staff informing Palm Beach that our city charter prohibited use of our beach, the Town responded by asserting that a strip of the beach does not in fact belong to us, a 10-foot wide strip above the high water mark.

The Town of Palm Beach reportedly further asserted that they intend to drive their trucks down this strip, that is, down the full length of our beach. And that shortly they would be putting in the wooden marker stakes.

The rapidity of the Town of Palm Beach’s “Plan B” response would seem to suggest that they knew all along that our charter prohibited use of our beach for any “beach nourishment” projects.

Our legal has asked for a meeting with the Town’s legal. I will be curious to see if the Town’s permit with the state’s Dept. of Environmental Protection includes a map of the Town’s planned truck route. Stay tuned."

Commissioner McVoy has requested information from the City of Lake Worth Beach:

From: Christopher W. McVoy
Sent: Monday, December 16, 2024 8:25 AM
To: Jamie Brown ; Troy Perry ; Glen@ Torcivialaw ; Christy Goddeau ; Elizabeth Lenihan

Subject: Town of PB - DEP Permit

Good morning Jamie, Troy and our legal team,

Could one of you please email me copies of all of the Town of PB’s permits and applications for their South Palm Beach dredging project? This request includes but is not be limited to FL DEP permits, any federal permits relating to endangered species, their FEMA application, any FDOT applications/permits, etc.

Please let me know how quickly these can be emailed to me.

Thank you,

Christopher

Christopher McVoy
Commissioner, District 2
City of Lake Worth Beach, FL
cmcvoy@lakeworthbeachfl.gov
561.398.6115 (C)

Commissioner Term Limits

Swamp Life Runs Deep in South Florida as Boynton Beach Considers Extending Their Own Terms

Well, it seems that the Boynton Beach Commission wants to do the same thing that the Lake Worth Commission achieved regarding term limits.

Boynton already has three year terms so our city probably decided that was a great idea and our voters agreed. But Boynton is considering  amending its city charter where Residents would vote on and decide if a commissioner who has served their allowable two terms (6 years) should be able to run for mayor without sitting out a cycle. If elected, the commissioner could serve an additional two terms, meaning they could serve on the commission for 12 years instead of 6.

So what happens if the mayor wants to go back and serve as a commissioner without sitting a term out? You've heard of "forever" stamps so we could be on the verge of "forever" officials who never go away as local municipalities change their charter for their own benefit. Everyone knows that a ballot initiative usually passes.

Read about it...

It's not the Lawsuit holding up the Gulfstream Hotel

I doubt if there is one person in this city that would not like to see the Gulfstream Hotel renovated, rebuilt and opened. It has been way too long that this historic structure has been allowed to go to blight and decay by the past two owners. The hotel must be a special exception as it is not even being coded.

Through the years, we had these owners appeal to the city to get every waiver imaginable that they said they just had to have in order to make their business plan work. They brought in their design architects and their lawyers. It has all been a heavy duty body blow. Hudson Holdings even has a former commissioner working on its behalf as well as a local blogger who was the former chair of the Historic Resource Preservation Board. The company gave to majority commissioner campaigns.

The attitude was hell with the city and its Charter. The hell with the zoning--that can be changed with a 3 to 2 vote. And hell to the people. The city's Historic Board and the city commission listened to them, desperate for a promise that may never be fulfilled until such time the owners, Hudson Holdings, can suck the blood to the very last drop.

Then the city, along with three commissioners, dishonored the will of the people on the Heights Charter Amendment. They ignored the vote all for the developer and his promise to open this hotel and his need to do what he wanted even though he could have built a four story on the vacant land.

Then all of this catering to an investor/flipper/developer paid off in a lawsuit filed by three residents looking out for rights--your rights--my rights.

Hudson Holdings, if it was serious, could have demolished those out buildings eons ago. They could have started to renovate the hotel as promised when they first arrived on the scene. But then they saw $$$ in their eyes and knew how to jerk around elected officials. They haven't renovated the hotel--none of this has happened. Why? Well it's not the lawsuit.

On Tuesday night, our city attorney, Glen Torcivia, brought up the lawsuit stating that the Plaintiffs filed their appeal which means it goes to the 4th District Court of Appeals. That's a beginning of a process. Generally, a brief would be filed about two months. There will be a response filed by the city. Usually, 30 days after that, another response will be filed. So, you're looking at 4 to 6 months before you get a ruling, said Glen.

At 1:31:26 into the meeting Commissioners Amoroso asks,
"Is it true that in our Ordinance or somewhere that they [Hudson Holdings] can not move forward [with renovations, development etc.] as long as there is a lawsuit pending?"

Glen Torcivia: "No, No. They're free to move forward but from their perspective, there's a risk...There are plenty of cases that do move forward."

4 story hotel to be built in Palm Beach Gardens

Comment Up

"Almost 200,000 square feet of new office space, a parking garage and a 111-room hotel will rise up at the PGA Professional and Design Center east of RCA Boulevard in the next three and a half years. TBC Corporation, a tire company, has its headquarters in a building at the corner of PGA and RCA Boulevards that was part of the original project."

Read about it...

It just shows to the City of Lake Worth as well as the Historic Planning Board that a four story hotel CAN be built--developers in Palm Beach Gardens, as they have elsewhere, are doing just that. Laws shouldn't be changed to accommodate developers. And Charter Amendments need to be respected.

And even though Hudson Holdings got their waivers for new development, The Gulfstream Hotel sits idle, going to more slum and blight.

Ordinance on Land Development Regulations Lake Worth

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Reading Ordinances is dry and boring.  That's why we pay our city attorney around $220 an hour so that he can read them. The only people who ever changed land development orders or a land use map is the City of Lake Worth and this Commission with the recommendation of our present Planning & Zoning board.  Our Heights Charter Amendment had nothing whatsoever to do with that. Therefore, the commission/city's argument and excuse of applying HB 537 for not honoring the vote results are not relevant.

August 6, 2013

Ordinance No. 2013-34 – Second Reading and Second Public Hearing – adopt the revised Land Development Regulations

Interim City Attorney Torcivia read the following ordinance by title only:
ORDINANCE NO. 2013-34 OF THE CITY OF LAKE WORTH, FLORIDA, REPEALING EXISTING CHAPTER 23, “ZONING” OF THE LAKE WORTH CODE OF ORDINANCES AND REPLACING IT WITH A NEW LAND DEVELOPMENT CODE AS CHAPTER 23, “LAND DEVELOPMENT REGULATIONS”, INCLUDING GENERAL PROVISIONS WHICH ALSO INCLUDE ADOPTION OF A NEW OFFICIAL ZONING MAP FOR THE ENTIRE CITY OF LAKE WORTH, ADMINISTRATION, ZONING DISTRICTS, DEVELOPMENT STANDARDS, SUPPLEMENTAL REGULATIONS, AND ENVIRONMENTAL REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

Motion made by Commissioner Szerdi and seconded by Vice Mayor Maxwell to approve Ordinance No. 2013-34. It passed on a 4/1 vote (Maxwell, Triolo, Amoroso, Szerdi) with McVoy dissenting.

Community Sustainability Director Waters explained that it would be hard to make an educated recommendation or comment on the safety impact caused by the adoption of the Land Development Regulations because structures were not yet built. Currently 65 foot height buildings and new development had to go through a traffic and infrastructure study. If there was a negative impact on infrastructure, then the developer would need to make improvements to the infrastructure. He commented that traffic safety would improve at intersections because the current code allowed structures to be built right up to the sidewalks.

Now Staff is telling us that the Gulfstream has to have a Traffic "Management" Study six months after the building is erected.

The Charter Amendment was won by Referendum on March 13, 2013, five months before the city changed the Land Development Regulations on August 6, 2013 on a vote from the dais.

The Gulfstream Rendering

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An important little bit of trivia:

Heights Charter Amendment
Passed by the voters on March 12, 2013 to keep the heights in our downtown to 45 feet or four stories.

Hudson Holdings buys the Gulfstream property 14 months after the vote.
May 15, 2014

So for anyone to believe that the Heights Charter amendment is a vote against The Gulfstream is misguided. The vote is to ensure our small downtown stays that way. It was suggested that building to 5 stories was some sort of a compromise by Hudson Holdings and the Charter Amendment.  There is NO compromise on a vote. A vote is what it is--the will of the people.

And this is what Hudson Holdings wants to put in our downtown, at least as of Wednesday night, and this City and the Historic Board are allowing it.

Hudson Holdings' Gulfstream Hotel site plans on tonight's agenda

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In spite of a lawsuit and going full steam ahead with this commission's blessing, Hudson Holdings' site plans for their Gulfstream Hotel will go before the Historic Resource Preservation Board tonight at 6pm City Hall. It still amazes me how one company and a trio of commissioners can stomp on the Charter Amendment regarding heights.

The bewilderment is "why?" Why bend over backwards for one investor who wants 20 more feet than the Charter Amendment allows but doesn't need 20 more feet to have a viable hotel property? WHAT IS REALLY GOING ON?  And I still contend that anyone who petitioned for, campaigned for and voted for the Charter Amendment has standing no matter what legal trick the city wants to take next or one in which Hudson Holdings agrees.

G. New Business

• 1. HRPB Project# 15-01400009 Major Site Plan to renovate and redevelop the Historic Gulfstream Hotel and related properties, including an application for the Sustainable Bonus Incentive Program. The subject site is +/- 79,304 square feet located at 1 Lake Avenue, 11 Lake Avenue, and 12, 14, 20, 22, and 24 South Lakeside Drive. February 17, 2016 Special Meeting

• 2. HRPB Project# 15-00500013 Conditional Use Permit to allow for the renovation and redevelopment and expansion of the historic Gulfstream Hotel and accessory uses within the Downtown (DT) Zoning District.

• 3. HRPB Project# 16-01500001 Setback Variance for the location of an electric utility transformer.

• 4. HRPB Project# 15-00100217 Certificate of Appropriateness (COA) for Exterior Alterations to the existing historic Gulfstream Hotel.

• 5. HRPB Project# 15-00100216 Certificate of Appropriateness (COA) for an Addition to the existing historic Gulfstream Hotel, including a Historic Waiver.

• 6. HRPB Project# 15-00100215 Certificate of Appropriateness (COA), for New Construction of a new hotel structure and parking garage, including a Historic Waiver.

• 7. HRPB Project# 15-00100214 - Certificate of Appropriateness (COA) to allow the demolition of two buildings located at 14 S Lakeside Dr

• 6. Planning Issues

• 7. Public Comments (3 minute limit)

Lake Worth - Sued Again!

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Yesterday, the City of Lake Worth was served with yet another law suit in their long string of suits. This one was directly caused by this city commission of Scott Maxwell, Mayor Pam Triolo and Andy Amoroso, all incumbents up for re-election.

For a simple recap: The trio decided not to honor the vote of the people after they won the Heights Charter Amendment and told them no more than 45 foot heights were to be allowed in that area. The trio commission wanted their favored developer, Hudson Holdings, to be able to build higher as he was promising all sorts of things to "make our city great again." The city did not send the results forward to Tallahassee and waited to see if some law would be signed by Rick Scott three month after the fact that would not allow this election. Scott signed HB 537. The city then jumped on that bill stating that our vote was null and void.

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.

Hudson Holdings' intent was to build an "additional 150 room hotel with full catering and conference breakout space if awarded the beach front project." They are still in the wings to grab our beach until after this March 15, 2016 election.

The people who are a party to this suit believe we were all wronged by the city. I personally believe that anyone who petitioned for, who campaigned for and/or voted for the heights charter amendment should have standing as well.

IN THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

JO-ANN GOLDEN, LYNDA MAHONEY,

ROSANNE MALAKATES

Petitioners Filed pursuant to

Fla.R.App.P.9.100(f)(2)

v.

Case No:

CITY OF LAKE WORTH

In Re Applicant: GULFSTREAM HOTEL LLC

Respondent

____________________/

PETITION FOR WRIT OF CERTIORARI

Read the entire Writ...

Gulfstream Hotel owners need to build per the Charter Referendum

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Today, an Op Ed piece appeared in the Palm Beach Post by Mark Horne. It had all the same arguments that the developer side and this trio commission has given to support the recent upzoning of the Gulfstream Hotel property. But what it failed to see was the bigger picture:

• Hudson Holdings does not need an additional story over the Charter Amendment in order to be successful or make money. It will not impede their ability to sell the property to a hotelier or build it themselves. If they could, they would build even taller. They just pushed the envelope for one more story that they didn't really need and convinced this majority commission that without an upzoning, their project would fail. This commission wanted to believe them and their friend, John Szerdi, works for the owner.

• It doesn't matter that there are taller buildings in that block of over 45 feet.  The voters said they did not want more of them. There should be no argument.

• Later, they kept the city hostage to even doing one thing at the Gulfstream property. They wanted the city to give them the management of our casino complex and parking on a long term lease with renewals as well as development rights in order for them to go forward with a hotel renovation. 

• No matter the number of people who showed up at the polls and cast their ballot does not matter nor does it discount the result. The vote is supreme in the United States of America. It was a free, fair and democratic election.

• The city waited for three months to apply a new law that they say nullifies the vote thus motivating some to file a lawsuit and have the decision decided in court. The people shouldn't have to do this and have to always try to keep their elected officials accountable.

• Leadership should listen to the people.  They are elected officials, not dictators.

• The turnout for the Florida Primary vote in 2012 was 12.8%. In 2013, and an off year (no general election and therefore turn-out is always lower), those who cast their ballot in Lake Worth was over 15%, a better turnout than most municipalities in Palm Beach County. Those who cared about it, voted.

• The city threw every obstacle in the way of getting out the vote--from using taxpayer money to oppose it, to putting it on the ballot at a time of year (March) that was not an advantage to voter turn-out. This was a strategic move by the city in order to try and defeat the Referendum which was won by 56% of the vote.

• Hudson Holdings has not submitted an approved plan.  Everything that Hudson Holdings has said to date is hyperbole. These parcels that border residential property, have been upzoned and now every owner of any parcel can apply for an upzoning in that area.  

• This upzoning voted in by Maxwell, Triolo and Amoroso, will eventually be like octupus tentacles, with heights spreading out all over an area that has been designated by the trio to be a "Hotel District." Of course, there has only been one hotel there and it has been closed for a decade. The present owners have allowed the Gulfstream Hotel to accumulate several code violations and one lien.

• Only two commissioners respected the people and the vote:  Christopher McVoy and Ryan Maier.

As the PBPost said in July 2013, "we really don’t like Tallahassee’s decree that such votes are no longer permitted. [that has not been proven in court] Stifling citizens’ voices on these issues leaves only the voice of elected officials susceptible to special interests. Kind of like state legislators."

We simply say that the vote is supreme and elected officials need to see the forest for the trees and respect and believe in the people, not the developer who has no interest in this city but the money he can make. We have seen this for decades by developers who have been allowed to have their way--the ruination of Old Florida and small town charm.

We are here because we love our small town and we want to keep it that way.

The City of Lake Worth in another lawsuit

We are allowed to amend our Charter, as Building Heights are already described in our Charter with an Ordinance that took effect on December 5, 1996. What we really can't do is twist the intent.

Sec. 11. - Building height limitation.

East of Dixie Highway within the city no building or part thereof shall be constructed which exceeds a vertical height of sixty-five (65) feet above grade. West of Dixie Highway within the city no building or part thereof shall be constructed which exceeds a vertical height of one hundred (100) feet above grade.

(Ord. No. 96-32, § 1, 12-5-96)

Then the city incorporated the following wordage:

Editor's note— On March 12, 2013, a referendum was passed approving an amendment to the charter, as set forth in City Ordinance 2012-30, which added further building height restrictions. Effective June 5, 2013, the Florida Legislature enacted amendments to section 163.3167(8), Florida Statutes, which nullified the referendum and voided the charter amendment.

This is what it's all about. The plaintiffs, as well as all those who voted on the Charter Heights Amendment, do not believe that HB 537 pertains to the referendum on a Charter Amendment.  In this case, the shoe just doesn't fit as much as the city commission trio of Maxwell, Triolo and Amoroso want it to. At this point, only a court will be able to make an opinion.  Whatever happens, it will be appealed by whatever side loses.

What happens in the meantime with Hudson Holdings trying to flip it to a hotelier? Do you think they will even want to touch the property? It would behoove Hudson Holdings to build its addition to 45 feet and ask for that to be approved by the Historic Resource Preservation Board and the City Commission. But politics is very strong in this city and I don't see that happening. It has to make you wonder if these people are as smart as they think they are.  All lawsuits are 50/50.

Smoke and Mirrors and some Fire

Comment Up

I just posted a notice from Clay Glass entitled Smoke and Fire.  That is a great title and that is exactly what we had in the city chamber last night--smoke and mirrors and fire by the developer crowd. This Lake Worth City Commission meeting was all politics as usual with comments by the usual suspects supporting anything a developer wants.

The smoke and mirrors was all deception by artifice...misleading and deceptive. People actually insist this is about a hotel that will be Lake Worth's salvation. They believe what an investor has said although he has not once performed and only has managed to get code violations. They don't care about the vote and this trio commission certainly never has cared about the vote excepting when they needed it to get elected.

The fire was the well organized developer backed group consisting of business owners like Michelle Sylvester from Paws on the Avenue and Greg Rice, people who showed up to speak along with several Realtors, on why we need to give Hudson Holdings an upzoning--they say it is to "move our city forward" and used other boring cliches. They want to tell us that Hudson Holdings will do the right thing by Lake Worth and the vote be damned.  Smoke and mirrors. They failed to mention that by doing this, it will be a snowball effect throughout that area--something the voters of the Charter amendment told them they do not want.

The vote, once again, was 3/2 with McVoy and Maier dissenting, the only two elected officials who understand the real consequences of the trio's actions...Fire... the definite change on heights by allowing an owner to build 20 more feet than the Charter Amendment allows and the real possibility of a legal action.

In the meantime, we still have a Charter Amendment that was won at the polls--45 feet in our downtown between Golfview Road and F Street and 35 feet between F Street and A Street...

As one person said to me, "Don't let them beat you down; we are fighting a machine, well oiled with money and influence and shenanigans." We have been opposing this side for decades; they're not stupid and some actually have fallen into the Koo-Aid batch believing everything Hudson Holdings has said. Last night they showed their self-serving determination that will open up our city to higher buildings in the future, not just The Gulfstream Hotel.

Ralf Brooks, attorney for the Heights Amendment Plaintiffs,
two of whom are Roseann Malakates and Lynda Mahoney.

Ralf has researched and litigated many of the land use, zoning and local government issues that can and will come up at a public hearing. He is considered an expert in Florida.

Alex Laporta, Court reporter
who is with Honorable Reporting & Transcription Services
Their services are designed to provide efficient and effective litigation support.

Honor the Vote

Comment Up
A Blast from the Past-- And just a reminder, 45 feet was voted in by the electorate.

I just love people coming over here telling me that they believe this commission is doing a wonderful job by "slowly turning it all around."  How do they come to that conclusion?

Was it the illegal banner on the Gulfstream Hotel that they condoned and then appointed two of the main violators to major boards?  Is it the $11 million they are pouring into the Park of Commerce in the 2016 Budget that they just approved?  Is it outsourcing our Casino Complex to another unproven investor (Hudson holdings) who really has a "line" that they for some hopeful reason want to believe. The commission has made some horrible decisions over the past several years. What the commission needs to do is honor the will of the people by the vote won on March 12, 2013. 

Dishonoring the Charter Amendment

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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.

"It's a Mess" says Scott Maxwell

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Nothing drives me more crazy than to read an article such as the Palm Beach Post article in today's paper regarding the Gulfstream Hotel and its owner, Hudson Holdings.

Hudson Holdings says it has a $60 million dollar project on their Gulfstream Hotel property and all they need is for the commission to upzone the parcels so that they can proceed. What the paper should have said is that by approving this upzoning it will allow Hudson Holdings to "move forward with its ALLEGED $60 million plan to restore..."  They need to sell that "dream" to a big hotel chain.

What the newspaper also should have said is that there is a Charter amendment that disallows what they want to do.

Hudson Holdings bought this property. They never said at the time that there was any proviso of specific stipulations, conditions, or limitations on their buying it. The never said that they needed an upzoning. This is private property and the city does not involve itself with that, or does it?  They didn't buy this with the insistence that the city upzone these parcels in order for them to make big bucks on their investment. They were going to renovate it and get it opened. At least this is what we know.  We do not know what was promised by those in power or if Hudson or any of its representatives ever approached the city government.  We do know that former commission, John Szerdi, an employee of Hudson Holdings, brought them to town.

"The situation is a mess."

~ Vice Mayor Scott Maxwell

And I agree. It's a mess and the direct cause of the mess is wholly attributed to Maxwell, Triolo and Amoroso.

Citizen speaks out against upzoning Gulfstream Hotel property

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Comments to the Lake Worth City Commission from Laurence McNamara regarding their rezoning of the Gulfstream hotel parcels:

In 2001, the 4th District Court of Appeals (our district) required a developer to demolish 2 story condos in Martin County that had been constructed adjacent to a single family home, finding the development to have been in violation of the County’s Comprehensive Plan. The developer continued construction although the Pinecrest Lakes Inc. v. Shidel suit was pending and sold the condos which were then occupied. The lower court dismissed Ms. Shidel’s case but the Appellate Court ruled for her and against the developer.

The zoning change you are considering tonight is in violation of the Charter Amendment passed by the Lake Worth citizens in a significant majority yet ignored by this Commission and its legal counsel. A City Charter is an even higher authority than a Comprehensive Plan.

It will be more prudent for you to reject this zoning change and require the developer to respect the 45’ height limit called for by the voters. 13 months ago he promised to have the restoration done within 14 months.

Protect our City and its citizens against yet another developer whose actions do not match his words.

Upzoning in our downtown - Commission ignores the vote of the people

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On a 3/2 vote with McVoy and Maier dissenting, Ordinance 2016-04 was passed on the First Reading. The three commissioners who took the side of a developer by voting to upzone these parcels, are all running for re-election.

The city attorney is still sticking to his opinion that the Charter Heights Amendment and our right to vote on it does not exist. The city waited to move the results forward to Tallahassee in March 2013 with the hopes/ possibility of Rick Scott signing a bill three months after the fact that had nothing to do with HB537 so that they could gleefully tell us that our vote didn't matter. The people won that vote in March 2013 by nearly 56%.

The fact of the matter is the election results of 45 feet stand per Florida Statutes Section 166.031(2) and was effective on the date it was certified, March 19, 2013. According to the Inspector General's office, the date that the revised charter was filed with the Department of State, or whether it was filed at all, has no legal effect on whether or when the charter amendment is effective.

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.

My comment last night stated that for this upzoning request to even appear before the commission  was because the commission ignored our vote and its outcome on the charter amendment, stomping on the rights of the people in order to move forward with their desires. They could have honored our vote but they chose to ignore it.  Why? We are the people they serve. Why wouldn’t the wishes of their constituents be of concern? Are we still a democracy?

"I am here to remind you that there was a charter amendment on heights.  We all take our vote very seriously as should you, as it is the most important right we have as citizens. And no matter how you feel personally about it, the people won at the ballot box on 45 feet in the area of the Gulfstream. As elected representatives of all of us who have standing in this endeavor—those of us who petitioned for (incidentally Helen Marino and I were the top petitioners), those of us who campaigned for and who voted for this Charter Amendment, expect you to honor this vote.

Palm Beach Post article, another article by them that NEVER mentions the Charter Amendment. Why not?

Hudson Holdings gets upzoning approval from the Historic Resources Preservation Board

Comment Up

Loretta Sharpe, Jimmy Zoellner, Tom Norris, Chair Herman Robinson, Judith Just, Vice-Chair Darrin Engel, Erin Fizhugh-Sita.

When our city commission came to power, it did a complete and unorthodox sweep of the Planning & Zoning Board as well as the Historic Board and packed them with their friends. Highly qualified and a Senior Planner for Palm Beach County, Erin became a victim of the political juggling maneuver. It's great to see her back on the board and giving time to Lake Worth.

Last night was the first of a three step process to upzone some of the Gulfstream parcels that are still in a multi-family residential zoning so that Hudson Holdings can make their property more valuable and be allowed to build to 65 feet.

Hudson Holdings never told anyone 1.5 years ago that they wanted to build another hotel nor did they mention a parking garage.  They blitzed into town, thanks to John Szerdi, and told us, to our face, that they were going to renovate the building within 9 months. So, what happened? Slum, blight, vagrants, code violations and a lien.

Obviously, they acquired dreams of grandeur and were told they would get what they wanted...be able to get approval for another building and a parking garage...and they were told they had better go for a zoning change to do it all. They tried to steal our casino complex. Our city is extremely compatible that way.

What happened last night on a 7/0 vote was setting up the property to be more valuable so that Hudson Holdings can make tons of more money from their original investment. No one believes they are going to be the owners of this property once it is all through, other than a few naive people in this city.

The one thing they were not told but were very much aware, was the Charter Amendment. The City is being very quiet on that one hoping that democracy will finally be flushed down the toilet. That could very well be the stickler. Elections and the will of the people should reign in this country, not developers wants and desires. It is about the people.

Nine residents spoke against the up-zoning and six people spoke in favor of what Hudson wants to do, three of whom are snowbirds who live in the Gulfstream Condos that face Bryant Park.  If my memory serves me correctly, these two women were the same who complained about getting a decal sticker at our beach. Former commissioner John Szerdi took care of that complaint as well. They are not voters here so the hell with our Charter Amendment. They have been promised a parking spot by Hudson in their plans for a parking garage and are hoping for their parking problem at their condo to be solved as well.

The motion went something like this:  The HRPB recommends approval to the commission of 15-01300001 and recommends appropriate scaling of the project on the southern part of the property. It also recommends unity of title.

A few members of the board did not want the buildings to go that high (they can go 65 feet with the zoning change) near 1st Avenue South and William Waters brought up compatibility to adjacent properties.

It will now go before the City Commission, the very same majority that did not honor the vote of the people, on December 8 for the First Reading and on January 5 for the Second Reading.