Showing posts with label Glen J. Torcivia. Show all posts
Showing posts with label Glen J. Torcivia. Show all posts

Wednesday, October 8, 2025

League of Cities has new Executive Director

🫡 New boss at League of Cities

The Palm Beach County League of Cities has selected Amelia Jadoo, an attorney with the Torcivia, Donlon, Goddeau & Ansay law firm, as its new executive director.

Why it matters: The league advocates for the county's 39 municipalities by promoting home rule, addressing shared legislative issues and fostering cooperation among local governments. It serves as a unified voice on issues including growth management, taxation and transportation, playing a big role in the recent effort to initiate a countywide transportation master plan.

And she is with the city of Lake Worth's law firm and our Mayor, Betty Resch, is the city's liaison to the League of Cities.

Read more about the league and its new director at StetNews.org

— Joe Capozzi

Sunday, December 31, 2017

Lake Worth will pursue case in spite of Appellate Court's ruling

City Attorney, Glen Torcivia

It's difficult to even comprehend that a grievance filed against the City of Lake Worth has gone on for 17 years. But, Joseph Viera, a former police officer for the City, just got a decision from the Appellate court that he is entitled to healthcare benefits for an injury he received while on the job with Lake Worth..

Part of the strategy of any government is to make it financially impossible for Joe Citizen to sue. The government has the deep pockets--other people's money. The part that shocks me is that the City usually will negotiate and settle. They don't usually want a lawsuit. But they have been playing hardball lately...think of Nick Petrino, a small amount of money in the scheme of things. And they certainly played hardball with the Heights Amendment Referendum.

But even more surprising is that the city attorney, Glen Torcivia, says the city, in spite of the court's decision, will continue the fight. Why?  Because present city officials (who were not even around back then) don't believe Viera.

One thing that we as citizens can believe is--
it has cost the city a bundle in legal fees
the court has ruled Viera is owed his healthcare
it's folly to continue on--for a former cop's healthcare he is entitled to by Florida law for being injured on the job
What's next?  The state Supreme Court?

 Read about it...

Friday, September 1, 2017

Pot dispensary says they are "grandfathered"

While reading Kevin Thompson's article regarding the pot dispensary locating across Dixie Highway and 200 feet from the Academy of Positive Learning, this is what Chief Executive Gregg Roberts of Modern Health Concepts said: "While state law says medical marijuana dispensaries must be 500 feet from schools..the site is “grandfathered in” because the company won approval before the state enacted the law."

What comes to my mind is our Heights referendum for downtown Lake Worth. If the medical marijuana dispensary is grandfathered in, why wasn't our vote? The vote is the most powerful instrument ever devised by man for breaking down injustice but it was totally discarded and thrown down the toilet in Lake Worth thanks to bad politics and commissioners who were determined to get their way. The hell with the voters.

If you recall, our city attorney, Glen Torcivia, gave a legal opinion agreeing with the majority commission that wanted higher buildings in our downtown. He determined that our heights referendum election held on March 12, 2013 was null and void due to HB 537 signed by Governor Rick Scott three months after the election.

People say the answer is to "vote the bums out." That's about the only solution, however, the longer they are in, the harder it is to get them out of power. Politics is corrupt. I think it's time for term limits.

Wednesday, February 22, 2017

President Trump makes surprise visit

Unbeknown to reporters and a surprise to 800 attendees, President Trump made an appearance: at an elegant fundraising gala being held for the Dana-Farber Cancer Institute, held at Trump’s Mar-a-Lago property and headlined by musician David Foster.

Our city attorney, Glen Torcivia, was at the event and took the following photos.  He said he was approximately 10 feet from our president.


Thursday, September 22, 2016

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."

Saturday, August 20, 2016

The only thing "frivolous" is Lake Worth's argument

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My first question is why would the City of Lake Worth spend an estimated $25,000 defending and going against a Heights Referendum won by the residents?  Did this commission Trio approve this amount of money? If so, when? If so, why? Does the city attorney's office have carte blanche on spending? Why was it so important for the city to "win" its case against the voters and have Hudson holdings as an Intervenor on the suit?  Nothing was holding up Hudson Holdings from renovating and developing its property. Why was giving Hudson Holdings 20 more feet so important?

Hudson Holdings argument was and is bogus. The city's argument, along with the Historical Board,   approved upzoning for one owner. This was flat out egregious when you consider the Charter Amendment was won at the polls allowing only 45 feet for buildings in that area.  This is also spot rezoning, which the Supreme Court has said is illegal. After the vote was won, the city upzoned the parcels at the Gulfstream and changed the entire area to a Hotel District. Was this clever legislation to get around the law?

Now the latest article in today's Palm Beach Post says the recouping of attorney fees of $25,000 might not be that easy after all. The city attorney is hoping that he can prove that the citizens' case was 'frivolous." Of course, the main objective here is to intimidate any resident who thinks he can come after the city for any reason.

Perhaps the Court will show cause why the City shouldn't be fined a large amount of money for frivolous argument.

The only thing frivolous is Lake Worth suggesting to spend even more money to go after its residents who have a good argument regardless of what the Appellate Court said that offered no reasons for its opinion...just another thing over-worked judges could get off their desk by agreeing with the status quo?

Wednesday, August 17, 2016

Legal fees could be $25,000, says Torcivia

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At the city commission meeting last night city attorney Glen Torcivia threw out a shocking figure for their legal fees: $25,000.

Scott Maxwell had asked him what the fees were in the recent lawsuit. Glen responded by saying they would go after collecting their fees since they won defending their case against Lake Worth citizens in court on the Heights Charter Amendment. Now I like Glen, don't get me wrong. He's doing the job that he is paid to do and reports to the Commission, basically the majority of Maxwell, Triolo and Amoroso.

Some like to point out that it was a "frivolous" case to begin with. No it wasn't...it went to court twice. And speaking of court, the cases of which I have been involved never won in the Appellate Court. If you recall Fane Lozeman of Riviera Beach houseboat fame, he had to go all the way to the United States Supreme Court to win! Steven Michael of Hudson Holdings said it cost him 6 figures to defend the Heights case. It's difficult to believe anything that guy says.

The one thing that we do know is, the voters won this referendum at the polls saying no more than 45 feet in that area. The Trio commission listened to a developer and what he wanted, not what he needed, instead of the people they serve. They literally trashed the vote.

Maxwell asked our city attorney about legal fees and his response--“Court costs are relatively easy to recover and it’s usually a very small amount. Attorney’s fees are harder to recover. My (best estimate) is that attorney fees were $25,000.” The city plans on moving forward to recover legal fees. Asking doesn't mean they will get and it's meant to discourage any citizen filing suit against the City in the future.

If you're a developer/investor in Lake Worth, the city will give you waivers and even change its Land Development Regulations to favor your every desire. The people?  Not a problem and in fact, the city will stomp them into the ground by making it impossible for any one of them to ever again stand up for principle.

Thursday, June 9, 2016

Lake Worth gives Casino architect and contractor more time to correct deficiencies

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On Tuesday night at the City Commission meeting, City Attorney Glen J. Torcivia brought up the Tolling Agreement with REG Architects and Morganti regarding the Casino building. It was about to expire.

A Tolling Agreement allows a party(ies) additional time to correct the problems without the necessity of filing an action. There is a statute of limitations and our city attorney advised that we give the architect and contractor four additional months to correct the deficiencies at the Casino which waives the right to claim that litigation should be dismissed. If not corrected within that period, he will advise filing a law suit.

The Casino was officially opened on March 1, 2013 with a ribbon cutting although most tenants were occupying their spaces in the later part of 2012. Defects did not appear right away and there have been serious issues through the years with water not draining properly from the second level causing a lot of damage even ruining inventory of a store below.  The water damage continues to this day. Door handles have corroded and there has been other hardware problems. These companies tell us that they are still working on correcting the defects...their reputations are at stake.

I can appreciate the Vice Mayor's frustration in allowing a Tolling Agreement to continue. The vote was 3/1 [Andy Amoroso was absent] to extend the tolling Agreement for four months or until October 5. Our patience has worn thin and a lot of time and money has been expended on this serious and never ending costly problem.  As the mayor suggested, the companies need to make this their priority. We contracted in good faith and they need to live up to the contract.

After four months, no more Mr. Nice Guy.

Monday, April 25, 2016

TA agreed with City of Lake Worth on Pension

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As I was unable to attend today's meeting between the Union employee negotiating committee for the PMSA and PEU union contracts and City staff, I just received the following results:

1.  Tentative Agreement reached
2.  Pension is a separate agreement from raise
3.  4% raise is retroactive from October 1, 2015.

I am rather confident that our city attorney, Glen Torcivia, had a lot to do with moving this issue forward to an acceptable agreement with the employees. This team of employees was very impressive as was employee Nicholas Petrino who stood up, was steadfast, and convinced the city.


Monday, March 21, 2016

Union workers hold their ground with Lake Worth city staff

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The meeting was to start at 1pm.  The clock kept ticking. The city is "always late" I was told.

I attended the Union and the City of Lake Worth discussion on the PMSA and PEU union contracts on Friday, March 18th.  I only stayed for one hour as the writing on the wall for me was that the city was not about to give an inch and the union members were just as steadfast. There were several breaks for caucusing while I was there. Nothing changed but the union members stood their ground, were very respectful and matter of fact and at least they did not talk down to city staff.

In the minds of the union members, the city is asking them to give up too much and are not living up to their original agreement with them.  They are offended by the city's "take it or leave it" approach.

Peter 2nd from right
He was amazing as were they all

The carrot is the 4% raise being held in front of them that they have yet to receive unless, of course, they buckle down and accept the city's terms. Once a contract is agreed, I have been told that the raise is not retroactive even though it has been budgeted and the money is there. Peter said that the Union was educating its members and the city attorney said "no," it was just the opposite--accusing them of advocating. But isn't it the Union's job to suggest what they feel is the best way forward to its members? Isn't that why union members pay dues?

Sam Neimeiser, 2nd from left
"To ask people to sign away their 1st Amendment rights--
that is unconscionable ."

Sam Neimeiser, union organizer, a young guy with Master's Degree in Applied American Politics from Florida State University, was down from Tallahassee. He is from a long family line of union members and activists. He makes a middle class worker's salary, so he can relate. He is standing up for what he believes--the city union workers in their dispute with the city and getting the benefits that they were promised. Sam told Glen Torcivia, city attorney, that there are possible legal problems for breaking promises made by the city to the employees who  never had a say. 

Glen Torcivia asked them if it was something the city could afford?  Sam mentioned the city putting $15 million into a park and told Torcivia that the city threw them under the bus with their statements in the Palm Beach Post.  "Absolutely," said the city attorney.


Left to right: Glen Torcivia who gets a 3% raise every year, Germaine English, Human Resource Director who just got a big raise last year to $90,000 and Maire Elianor, new Finance Director at $130,000 a year sitting there listening to workers making $13.85 plus an hour who haven't had a raise in eight years and their union contract is an on-going stall.

I have not been told if they came to any agreement but if not, it could go to Binding Arbitration, Mediation or Impasse. Although I did not witness any negotiation while I was there, I would think that both sides would want to continue along those lines, if possible. It may not be.

Impasse:
  • An impasse is determined when the employer and union reach a point during negotiations when both parties are reasonable in assuming that further bargaining is futile.
  • Once the employer reaches an impasse, an employer is permitted to implement changes to the terms and conditions of employment that are consistent with the previous proposals to the unions. However, employers cannot offer greater benefits or ones that differ than those presented during negotiations.
  • An employer can institute a lockout at this time in order to place economic pressure upon the union. However, employers should beware that unions may also call a strike at this point as well. 
Unsure if this description applies to municipalities.

Thursday, March 3, 2016

Scott Maxwell can't help himself - he is a bully

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“It’s taken three years to fix minor issues.
 I find that unconscionable.”

~ Scott Maxwell
being obnoxiously uncouth towards Rick Gonzalez of REG Architects and the Morganti Group, the contractor of our Lake Worth Casino.

He was rough, harsh, crude and a bully. So, what's new? And the people who support him are the same...constant interruptions during city commission meetings [the mayor can't seem to hear them], snarky remarks at the lectern from an NA president and those who believe they are better or know more than the rest of us--judgmental and just plain rude.

Rick Gonzales' of, REG Architects whose firm is an expert in historical renovations and even was hired at Mar-A-Lago and also restored the original Court House in West Palm Beach, did say that maintenance on a harsh environment takes more maintenance [than just routine]. That has always been the City of Lake Worth's problem...they don't maintain anything. Scott couldn't figure out why they didn't build it better to withstand this harsh environment and blamed them personally.

We have had construction and some hardware issues at our casino and Maxwell said that the deficiencies are an embarrassment. The only embarrassment Tuesday night was the Vice Mayor and using the possibility of "litigation" as a reason why this commission has not been able to rent the 2nd floor space.

I understand the frustration of not getting this solved but personally attacking people and using Pitbull tactics is not the answer. Tuesday night, the city was about to declare a default against the builders but Glen Torcivia, city attorney for Lake Worth, said that there has been a lot of progress over the last few weeks.  He suggested that a declaration of default come back to the commission for consideration on March 22 by extending the Tolling Agreement.  The entire commission agreed.

Friday, January 29, 2016

Lake Worth settles a lawsuit with Palm Springs

Who knows what the City of Lake Worth pays for legal fees.  The mayor likes to tell us that we pay "hundreds of thousands less" now that they hired Glen Torcivia Law firm. The budget tells us differently. All we know, is that mistakes continue to happen under this Commission majority of Amoroso, Maxwell and Triolo.  Law suits are settled sometimes for very large sums. This time it was settled through credits rather than in cash.

Under the Consent Agenda 9-E, Palm Springs claimed that the City of Lake Worth owes uncollected public services tax and franchise fees due on property annexed into Palm Springs during the period from 2010-2013. Staff requested direction regarding the claim at the August 4, 2015, Regular Commission meeting.

The City engaged Manson Bolves Donaldson P.A. to resolve the claim, due to a stated conflict of interest of the City Attorney. The Settlement Agreement resolves the claim through credits over a three year period, instead of providing a cash settlement. Interest of 3% is included in the settlement amount.

The settlement agreement, regarding public services tax and franchise fees with the Village of Palm Springs amounts to $286,589.04 over a period of 36 months.

Friday, January 22, 2016

Homeless Connect Event in Lake Worth

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A Project Homeless Connect is a chance for individuals in our community to get a "hand up." They were given that chance today with the offer of FREE resources such as clothing, toiletries, haircuts, food and wellness services. While I was there, Commissioner Ryan Maier had already done five haircuts. Our city attorney, Glen Torcivia was there along with his significant other volunteering and helping out with this growing crisis. Ryan and Glen have worked together in the past with the Homeless Coalition of Palm Beach County.

In addition to the The Homeless Coalition, many other service providers were there to assist with temporary crisis situations. The city of Lake Worth was represented. Providers included housing programs, veterans services, medicaid/medicare, Homeless Outreach Team (H.O.T), and food stamps.

I stopped and chatted at most of the booths. The Veterans Resource Center reaches out to homeless veterans and offers assistance to them where needed. They are located at the VA Medical Center on Blue Heron Blvd and Military Trail in West Palm Beach.

I was told that The Homeless Coalition sponsors Project Homeless Connect four times a year in various areas of the country. It is a national program that brings together community volunteers, government agencies, nonprofits, businesses, service providers, faith organizations, and the private sector to help end homelessness. Services include: free food, clothing, haircuts, health screening, vision checks, eyeglasses, bikes, and comfort kits. In addition, resources, referrals and assistance are provided for housing, food stamps, employment, obtaining identification cards, and other direct services. As I was leaving, there were some people waiting for a free HIV screening.

I was so encouraged to see all of the programs that are provided to the homeless and to those who just are in need of help. When you don't know where to turn, you can dial 211 which is a free and confidential help service 24/7.  I was especially honored to be among so many wonderful volunteers looking out for our most needy.

If you care to donate, Click here. They need all the help that they can get.

Saturday, January 16, 2016

Setting the record straight on Lake Worth Legal Fees

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All of you who attended the NAPC debate remember Mayor Pam Triolo saying that under the trio's  leadership, they have saved "hundreds of thousands of dollars" on legal fees by the hiring of Glen Torcivia Law Firm (instead of having our own staff attorney).  Here are the facts:

From audited Comprehensive Annual Financial Reports
  
"Schedule of Revenues, Expenses, & Changes in Fund Balance - Budget & Actual"
   
City Attorney Expense   
   
2009     $607,730
2010     $493,795
2011     $715,557
2012     $1,046,648
2013     $883,035
2014     $746,658

Monday, November 23, 2015

Vice Mayor Scott Maxwell on Invocations at City Hall - Quote of the Day

Comment Up
Note: In God We Trust
is even on our money

"I'm not looking for controversy...but why is it that we've gone for 200 plus years with this process? It's worked very well for us and then we find one individual or two individuals in the community or a nation that want to make an issue out of it.

You know, earlier today we talked about democracy, ok...well that's not very democratic when you start having nickles holding up a dime.  For 200 plus years, we have had this system in place.  Now all of a sudden we're going to change the system over a handful of people that they decide they want to come in and mock everyone's else's religion.  That's not what I consider respectful of other people's belief systems.

So, we all should shut down our belief systems or not express, or embrace, or celebrate or acknowledge or whatever adjective you want to use because one or two or three or a handful of people in the community are offended...are you kidding me?  You're kidding me, right?"

~ Vice Mayor Scott Maxwell

I agree with Scott Maxwell. Right now the country is being lead by politically correct minorities of people who are changing our value system. That is their mission--to end the importance of Christianity, God, prayer or any religion. I agree with Maxwell that we "are not moving forward" when Commissioner Maier suggested that we were. They have had the right president of the United States in place to empower them. A lot has changed over the course of seven years.

When Maxwell used the expression of nickles holding up a dime, he was saying that basically the notion that something relatively small in value can thwart the larger benefits that would accrue from something much bigger. There is a lot of truth to that statement.

To say this again, eighty-three percent of Americans identify themselves as Christians. Most of the rest, 13 percent, have no religion. That leaves just 4 percent as adherents of all non-Christian religions combined — Jews, Muslims, Buddhists and a smattering of individual mentions.

Even our city attorney told us that all faiths have been represented in Lake Worth during our invocations:  Christians, Jews, Moment of Silence, Muslims, Atheists, Quakers, Baha'i Faith. We can't control the message but we can tell them not to criticize others. He told us that our procedure has not been illegal and quoted a Supreme Court case that I have already discussed on this blog.

The City should have told the truth as to what provoked this to be placed on the agenda by the City Attorney--it was the request by Atheist/Satanist Chaz Stevens who has threatened a lawsuit. The last thing this city wants is another lawsuit and they don't want him appearing at City Hall.

They are controlling the message. Even in the end, Scott Maxwell voted to take the easy way out. They changed the process with their 4/1 vote [McVoy dissenting], catering to the minority of people who believe in nothing but themselves. If they are afraid of a lawsuit, they surely could open themselves up for a discrimination lawsuit down the road when you have 5 commissioners controlling the message and deciding what, if any or who should give the invocation at City Hall.

Here in Lake Worth, non-believers are very much in the minority. It is such a small percentage that it amounts to beans but this commission rolled over to them on the pretense of "moving forward" and totally ignoring the First Amendment.

I am not afraid of anyone's message whether they be Jewish, Atheist, Muslim, etc. I am very comfortable in my own skin, in my own beliefs, that whatever they say is irrelevant to my life but one thing is certain, they should have the right to give a two minute invocation. What is there to fear?

Wednesday, June 24, 2015

Eminent Domain at Park of Commerce is NOT for a public benefit

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The City of Lake Worth wants to use its powers of eminent domain at the Park of Commerce. They believe that developing the POC is the city's salvation. The City Commission voted to do that and it passed on a 4/1 vote with Commissioner Ryan Maier dissenting.

The property may be taken either for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. And that's what we are doing here in Lake Worth--economic development. "The most common uses of property taken by eminent domain are for government buildings and other facilities, public utilities, highways, and railroads.  Some jurisdictions require that the condemnor make an offer to purchase the subject property, before resorting to the use of eminent domain."  Lake Worth will offer the two owners involved 125% of its appraised value or seize the land.

How much did this eminent domain attorney cost the city who says, "the project is clearly for a public purpose." Don't we pay Torcivia law firm enough money? How does this eminent domain lawyer, William Doney with the law firm of Caldwell Pacetti Edwards Schoech & Viator LLP conclude that this is all for a public purpose?  How is it any public benefit? The only "benefit" is supporting this commission's desire to spend a hell of a lot of money for infrastructure, storm water drainage, utilities, etc. for private development. Developers get 100% off the hook.

Eventually this private development, if it even comes to the Park of Commerce, will be contributing to the tax base but it could take 100 years before those ad-valorem taxes covers the initial cost of all this infrastructure even if every square inch out there is developed.

This clearly is NOT a public benefit. What it is--a land grab and one gigantic expense for the taxpayers if Lake Worth gets its way.


Friday, March 6, 2015

What's in a Name?


What's in a name?  Apparently not as much as we assumed.

Back on October 30, 2013, E.R. Bradley's Lagoon Saloon opened at our Lake Worth golf course. The city gave them concessions and negotiated kudos on their lease because of 1) the reputation of the owner's other restaurants being a success and 2) the overall reputation of the owners. We wanted to capitalize on their reputation and ability to attract customers to our property and have a successful restaurant there.

The Lease calls for $3,000 a month on a ten year lease (no escalation clause and no percentage of profits) that is renewable for an additional 10 years. The City of Lake Worth will be solely responsible for all utility fees and costs, including but not limited to: telephone, electricity, garbage removal, sewer and water service. I even tried to ascertain whether or not they vacuumed their own carpets and was told that they do but it is not specifically mentioned in the lease.

It's been reported that the ownership of the restaurant has changed hands from the Coniglio family, Frank, Gail and Nicholas, to the gentleman who was managing it, Mitch Reale. Mr. Reale will not confirm this to Lynn's Little bit of Trivia. State records show the new ownership. On February 16, 2015, I submitted a public information request on the change of ownership or assignment of the lease to determine what occurred. The city wrote back that they knew nothing about it. Subsequent to that, I wrote again regarding the subject because of any assignment of the lease must be approved by the city. City Attorney, Christy Goddeau, responded to me in two separate e-mails on February 24:
At this time, the assignment provision of the lease has not been triggered as the original tenant remains the same (E.R. Bradley’s Triple Crown Club LW, LLC d/b/a E.R. Bradley’s Lagoon Salon) which is now solely owned by Mitchell Reale per the Division of Corporation’s records. We have inquired about the use of the “Beach Club” name and its legal status.

It all depends on the assignment provision. In this lease, the assignment provision is not triggered if the tenant (as a legal entity) remains the same and only the ownership interest making up the legal entity changes.
So it seems that there was no protection to the City when a change of ownership occurred along with its most valuable asset, its goodwill.  The original owners of this corporation, the Coniglio's, could have sold it to the garbage man down the street holding itself out to the public that it was the exact same restaurant.  Now that there is a different owner of the corporation, is he required to fulfill all the provisions of the Lease or who is legally responsible? Will the city have Mr. Reale sign a new lease as by law the corporation is a person but it certainly can't sign anything?

How come that many of the contracts that the city enters into seem to have some problem or no protection to the city such as CBS Outdoor, Inc, Greater Bay, etc.. They both cost us dearly. We thought that was all going to change when the City outsourced its legal department and shamefully terminated Elaine Humphrey.

Thursday, February 26, 2015

Lake Worth lawyer

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Christy Goddeau, Esq.

I'm not sure when this happened, as Glen Torcivia has already told me that he doesn't normally respond to citizens so therefore I haven't bothered to ask him but...

The name of his firm used to be The Law Office of Glen J. Torcivia & Associates, P.A.

Now the name is TORCIVIA, DONLON, GODDEAU & ANSAY, P.A.

It appears that Christy Goddeau got a partnership. And why not?  She is smart, beautiful and has done a superb job for Lake Worth and this present commission.  Perhaps the partnership was due to all her dedication and hard work in the supposed over-throw of the Heights Amendment that was won by nearly 57% of the voters, a vote this commission refuses to acknowledge and ignores to this day.

Remember this when you go to the polls on March 10 that John Szerdi was against a low-rise downtown, against the people who won the vote. He still is. And he still wants his way.

Wednesday, February 4, 2015

Susan Bucher has a memory like an elephant

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It was a two hour meeting that should have lasted only an hour.  Commissioner McVoy changed that when he complained that he had not been recognized by Mayor Triolo prior to the vote, (who now has the distinction of being the biggest bully on the dais with John Szerdi coming in at second place). He wanted to pull two items for discussion that were on the Consent Agenda. The prevailing vote can bring it back and that's what the Vice Mayor did with a vote of 5/0.  Glad he did, as it was the only thing on the Agenda that was interesting other than Greg Rice's Planning & Zoning report. But wait a moment--the mayor totally forgot the Electric Utility portion of the Agenda which is placed near the end of the meeting and poor Clay, the Utility Director, waited there for two hours to speak.  So, it probably would have been a much longer meeting after all.

The city wants to amend the city canvassing board as Susan Bucher will not be a party to that service for Lake Worth that she provides to all the other municipalities.  Gee, do you think it had anything to do with the city's demands after the general obligation bond vote this past August and treating her like an ogress?  Did it have to do with the city, in its outrage for losing the election, looking to find fault anywhere it could even going so far as to have citizens bring in their horror stories as to why they could not vote? The State said that the 14 provisional ballots should have been counted in that election and Glen Torcivia, city attorney, told Bucher that the city would not pay the cost of her legal fees. Lake Worth also demanded copies of documents that the SOE wanted to charge $400 for and the city balked.  The city also suggested that the Canvassing Board (Bucher and two county Judges) were in violation of Florida Sunshine Law, allegations that were unproved and unfounded. Or maybe it was the icing on Bucher's cake when Bornstein called her "condescending."

On January 6, 2015, the City Commission approved Resolution No. 02-2015 designating the City’s Canvassing Board and amended agreement with Susan Bucher's office for vote processing equipment use and election services believing that all was well with the SOE and it would be business as usual--forgive and forget. Shortly after the Supervisor of Elections received the agreement from Lake Worth, the City received word that Bucher was declining to serve on the Lake Worth City’s Canvassing Board.

So, the city manager was forced to come up with its own canvassing board. His suggestion was that it should be comprised of  the City Clerk or her designee, Community Redevelopment Agency Chairperson or his designee, and an attorney practicing law in Palm Beach County or his/her designee. Commission McVoy suggested the city clerk, our Internal Auditor and an attorney or a retired judge with Vice Mayor Maxwell suggesting a retired judge with a Constitutional law background.  McVoy's suggestion passed on a 5/0.

Monday, January 5, 2015

National Baseball might come to West Palm Beach after all

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Well, it looks like West Palm Beach is going to play ball after all with West Palm Beach mayor Jeri Muoio saying she will negotiate a deal with the county for the property on 45th street.

Read about it... and while you're doing that, think of all the wasted taxpayer money and  Glen Torcivia's billable legal hours and shenanigans behind the scenes, sanctioned by this present visionary commission (McVoy excluded) as well as some of the PB County Commissioners who had no problem trying to ruin John Prince Park.