Friday, August 7, 2009

News Flash: Commissioner Jennings rescinded the Beach Protection amendment - it didn't do what she wanted it to do - noon meeting today.

Thursday, August 6, 2009

How safe is our downtown Post Office from closure?

Click title for link to complete, current list. Right now, it appears that only the "Lantana Branch" is listed - but is anyone making sure that ours will not be a victim to closure? Hello?

10th Avenue

I had an occasion to come back to Lake Worth last night going east on 10th. It was the first time I have seen the lights on both sides of the road - it looked like a new city! An inviting entrance to a small coastal town - just what it should look like. It is going to be fantastic once complete, but it's such an improvement even now.

Wednesday, August 5, 2009

One signed up in mayor's race, as qualifying for Lake Worth city election opens

Click title for link to PB Post article. The Lake Worth Herald, Leonard Saffir called today and asked if I was running for anything. I responded that once I know, I will let them and everyone else know.

E-mail to Commissioners, et al this morning (8/5)

Thank you for considering and discussing many of the questions I posed on the Beach Protection Amendment language. I was able to listen to it on line after I left the meeting.

Can someone forward me the up-dated language? I want to be as accurate as possible - many people are asking for it.

I still wonder about the purpose of it - other than getting people out to the polls to vote for certain candidates, I'm not sure it does anything substantial.

And, I thought it was interesting to hear Laurence McNamara talk about the "re-creation" of the 1921 Casino building - isn't that the same word that is found in the phrase "public recreation?"

Thanks.

Wes Blackman

Please Vote "yes" on the Beach Protection Charter Amendment. The sun may rise in the West.

Tuesday, August 4, 2009

Click here for link to Florida Statutes regarding small scale land use amendments...

Excerpt

163.3187 Amendment of adopted comprehensive plan.--

(1) Amendments to comprehensive plans adopted pursuant to this part may be made not more than two times during any calendar year, except:

(a) In the case of an emergency, comprehensive plan amendments may be made more often than twice during the calendar year if the additional plan amendment receives the approval of all of the members of the governing body. "Emergency" means any occurrence or threat thereof whether accidental or natural, caused by humankind, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds.

(b) Any local government comprehensive plan amendments directly related to a proposed development of regional impact, including changes which have been determined to be substantial deviations and including Florida Quality Developments pursuant to s. 380.061, may be initiated by a local planning agency and considered by the local governing body at the same time as the application for development approval using the procedures provided for local plan amendment in this section and applicable local ordinances.

(c) Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the following conditions:

1. The proposed amendment involves a use of 10 acres or fewer and:

Click here: Wholesale source for votive candles!

I've had to light so many recently in prayers for our city. Maybe we can put together a large order and save on shipping and handling.

FYI - New Feature on Blog

Scroll down the blog and look in the right hand column. You will see a "player" that you can use to hear archived Internet talk shows. The one that Jim Stafford and I did last night is now up and accessible. If you didn't have a chance to hear it live at 7 p.m., you can now hear it anytime of the day. We plan on doing more in the future. Let me know if you are interested in doing a show with us.

As always, thanks for visiting!

Thought: The proposed Beach Ballot measure is like a referendum mandating that the primary source of light on Earth is the Sun.

...along with sneaky "gray area" wording that might protect existing tenants and the casino building - in the condition they're in.

Message from City: NEIGHBORHOOD SUMMER FUN

NEIGHBORHOOD "SUMMER FUN!"

ACTIVITIES WILL INCLUDE:

with the Palm Beach Sheriff's Office in Lake Worth Additional Support provided by:

The Palm Beach County's Sheriff's Office along with the Lake Worth Community Redevelopment Agency and the City of Lake Worth, will be hosting a day of "Summer Fun" with the community. This fun filled day for the citizens of Lake Worth will allow residents to meet and interact with their local law enforcement reprsentatives along with their neighbors. A Visit from the PBSO K-9 Unit, The PBSO S.W.A.T. Truck (the Hulk),LW Fire Rescue, and PBSO Marine Unit. Bounce House and Many ther Guests AUGUST 15TH 10am to 2pm 200 Block of North "B" Street, Lake Worth FREE Hot Dogs & Sodas (NO ALCOHOL ALLOWED) will be
served and a free raffle will be held for attendees

The Palm Beach County Sheriff's Office is Committed to our Youth!

The Universal Language...

World Science Festival 2009: Bobby McFerrin Demonstrates the Power of the Pentatonic Scale from World Science Festival on Vimeo.

Monday, August 3, 2009

Jim Stafford and I did an Internet radio show tonight.

Look for link to archived show later. More shows to come.

Commissioner Mulvehill's Response...

FYI - I have e-mailed my questions on the ballot language to the City Commission and City Manager.

Other Questions on the Beach Ballot Language

How is "currently" defined? Is it as of November 3rd 2009, the day of the election? Or is it whenever anyone wants it to be? Is the "current" tenant mix forever protected, secured and maintained in its current mix and proportion of uses? Does this mean that if a T-Shirt shop goes out we need to find another T-Shirt shop to take its place? What happens if the city doesn't abide by its own Charter?

Another thought came to mind: How about having a similar ballot amendment for the shuffleboard court building? It's zoned Public Recreation and Open Space. Shouldn't we declare that the primary use for that property is public recreation?

Assignment: Define "public recreation."

Another Issue: Time between First and Second Readings

The City is also racing the clock to get these ballot measures - and the Sunset matter - public hearings accomplished. For the Beach Ballot measure, it's to meet a 5 p.m. August 7th deadline to get the ballot wording to the Supervisor of Elections office. If there are significant changes to the wording, it may throw the whole timeframe out the window as it would have to be re-advertised - as was the case with the Community Relations Board. I am sure Commissioner Jennings will bring up this as a reason that we can't make drastic changes or additions to the wording.

This is what the State Statute says regarding first and second readings:

Florida Statutes:
166.041 Procedures for adoption of ordinances and resolutions.--

*******************************

(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection.

(3)(a) Except as provided in paragraph (c) [Zoning Ordinances], a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

Sunday, August 2, 2009

Alternative Beach Amendment?

How about requiring a vote of the residents of the city of Lake Worth whenever a major (insert quantifiable threshold - dollar amount, square footage) improvement project is proposed for the beach property? Then we will know what the "people" want and not what Commissioner Jennings or her "people" tell us we want.

Beach Charter Amendment: Proposed Charter Language Next (8/4) City Commission Meeting

Click title for link to complete back-up material.

Why does this seem like an answer to a question that hasn't been asked? Its vagueness leaves more questions unanswered in the process. Let me explain.

First of all, this is put forth by Commissioner Jennings. She is the one that brought the so-called "Ethics Ordinance" before the City Commission right after the qualifying period for last year's election. She called it that on the campaign trail and liberally pointed out that then Commissioner Vespo didn't vote for it, which she thought was quite an indictment on him. People she talked to would usually gasp and hold their mouths shut with their hands in horror and say "Cara, say it isn't so." as they picked up her non-recyclable "Cara" lawn signs on their way out the door.

Never mind that it wasn't a complete "Ethics Ordinance" - something that then Commissioner Vespo called for. No, it was a prohibition from anyone making a contribution to a candidate that had, or might have in the future have, a contract with the City. Well, a lease is a contract. So, it turns out that Commissioner Jennings' favored candidate, the present Commissioner Mulvehill, sacked many $500 contributions from most of the tenants of the casino building. Had that "Ethics Ordinance" passed, she couldn't have accepted their contributions.

And, even with the celebrated "progressive" majority on the City Commission since November, we still do not have an ethics ordinance. This is also in lock step with the political history of Lake Worth - be sure to be on the "right" side of the beach issue and make sure to wheel it out prior to any election. This time it's a perfect distraction to the fact that nothing has happened at the beach and all appears to be in limbo - except for the continuing deterioration of the Casino building.

This proposed Charter amendment is offered in the same spirit. It's a not-so-subtle way to mobilize her voter I.D.'d base, get them to the poles and have them vote for "her" candidates. This is the way a political machine works.

This is how the acting City Attorney describes the "Program Impact" in the memo to the City Commission:This is how the proposed ballot language reads:

Let's analyze this. The use of the word "secure" here means to me that something will be locked away forever. There is no going back and that public recreation is somehow threatened at the beach. Public recreation as a "primary use." How is "public recreation" defined? At what point does it become "primary?" How is that quantified? How will this be enforced? Why is it needed? Most of the 19 acres consists of parking spaces and asphalt for automobiles? Is that the primary use? And what is the "beach?" Is it the entire 19 acre property or is it the strip of sand along the eastern side of the property?

The Charter of the City is like the Constitution to the United States. As such, you need to be cautious when you amend it. There is a reason that the Charter does not establish public recreation as a primary use - that's because it's addressed in the zoning code. Do we want to include zoning-types of regulations in the City Charter? Maybe some do, but the point needs to be made by someone. Here is the wording of the existing "Beach and Casino" zoning district:



Notice how recreation is a principle use in both the areas identified in the BAC zoning district. It even restricts retail square footage allowed to 7,200 s.f. - less than what is there now. The associated land use deisgnation restricts the square footage to 7.7% of the total square footage of the land area - I would say that is secondary to any public recreation space or parking lot by a long shot.

What are the "ancillary uses?" Are they buildings? See the phrase "currently constructed?" How is a "use" "constructed?" Answer: A "use" is not a physical thing, it's an activity. Does this mean we are protecting the current building east of the Coastal Construction Control Line? Does it mean that we are protecting and maintaining the existing building in the form that it is? Does the word "existing" as applied to "uses" refer to the current tenants of the building? Are we maintaining and protecting them and their operations by passing this ballot measure?

I think you could make a good argument for the importance of all these questions given the vagueness of the wording here. But, remember, if you ask questions you are against the environment, against preservation, against public recreation, for corporate greed, for tall buildings everywhere, for asphalt, against trees, against anything living, against John G's, etc, etc, etc.

Thanks Commissioner Jennings for the large helping of Motherhood and Apple Pie. Now, can we talk about what is really important?

It's too bad because this is a real fear that the community has and could be addressed in a responsible manner. This language just channels their fear into electing certain candidates.

Saturday, August 1, 2009

Being served regularly from now until Tuesday night's City Commission meeting...

Rescinding of Sunset Property Zoning/Land Use: The Effect

This item is on the agenda for the upcoming August 4th City Commission meeting. I thought it would be helpful to remind everyone - again - what exactly this means and the implications it carries. It is being promoted as single family land use and zoning, which it is not. It also would allow other uses than single family and multiple family townhomes - including private kennels.

The following analysis was put together by the Zoning Director of Palm Beach County - who happened to sit on the Planning and Zoning Board at the time the recommendation was made to the City Commission. It was not put together by the property owner or their agent.

A comparison is also given related to the development standards for Palm Beach County MR-5. The County also allows a transfer of development rights, which would allow up to 36 units an acre on the 4 acre property.

The traffic study done for the project assumed a conservatively high figure of eighty (80) units and met the County's traffic performance standards. The project would have been limited to a maximum of forty (40) units and would also have gone through special use permit and site plan review by the Planning and Zoning Board.

Click the items below for greater detail. This project has been drawn out for purely political reasons for four years and is sure to be a source of another lawsuit against the city.


And if anyone one is wondering...

I am also wondering if yours truly will run for Mayor or the District #3 Commission seat or nothing at all. Your guess is as good as mine right now.

Thanks for your expressions of curiosity. We'll all know by August 17th what the answer is. Until then...

Found: The Lake Worth of Old



Thanks to David Keir for providing these. Pictures are labeled Dixie Hwy. Lake Worth - can you identify the locations?

FULL TEXT - Tyranny – Alive and Well in Lake Worth? By Wes Blackman, AICP

In the United States of America, we enjoy many freedoms made possible by our form of government. These freedoms spring from our Constitution. Being part of this representative democracy, we have the freedom to chose the degree to which we participate and engage in the process of governing ourselves. There are many that are so involved in the day-to-day activities of life, raising a family, pursuing a career or just getting by that choose not to involve themselves in the on-going affairs of civic life. This freedom allows those that choose not to engage the ability to let others take on the responsibilities of self-government.

It is therefore the rare individual that chooses to emerge from a group of people being governed and desires to take a role in creating an environment of how we will be governed. When this happens, it is something to be celebrated and encouraged.

Recently in Lake Worth, a group of nearly 30 people took the time to submit applications to serve on the Community Redevelopment Agency (CRA). These people performed the cost/benefit analysis that those who choose to serve the public must perform. Would giving time to benefit the city in which I live be worth the time and commitment it would take to serve? Those 30 people thought they'd like to give it a shot and try to make a positive difference. Probably most thought if they did not make it through the interview process, at least their effort to apply would be acknowledged by those making the appointments as a public service worthy of admiration in and of itself.

This group of 30 expressed a desire to serve on one of the city's volunteer boards – the Community Redevelopment Agency. In response to their application, they received notice that they would be interviewed by a group of elected officials who would appoint 6 of the 30 to serve their community in an effort to combat Lake Worth's slum and blight. These interviews were to take place on June 8th of this year.

Due to a series of difficult-to-explain events, the applicants seeking a role in guiding the city of Lake Worth were turned around at the door. They were told that interviews were cancelled – some by just a note placed on the door to City Hall.

Those who enjoy the intrigue of past foibles on the part of the city might be interested in how this situation came to pass, but the principle message sent to those volunteer applicants was: “We don't know if we need you after all.” A poor message to be sent by the city to its most engaged citizens. Our elected officials then chose to discuss the very nature of the board these volunteers were applying to – perhaps eliminating their role in it entirely.

That discussion came to pass this past Monday night. Assembled in the City Commission's chambers that evening were many of the already sitting CRA volunteer board members and various interested members of the public. All were waiting to here the reasons for, yet again, the elected City Commission taking over this volunteer board. The previous attempt came as recently as last year.

Drawing from a quarter-of-a-century experience as a certified urban planner and one that has been primarily involved in redevelopment, the make-up of CRA boards reflects the unique characteristics of the community and the goals of the elected body of that community. In the history of the Lake Worth CRA, it has been both made up of the elected City Commission and an appointed board. It has been an appointed board much more than one made up of elected officials. The CRA relates to a “district” where there is a concentration of slum and blight. Having an all volunteer and appointed board is usually a way to involve those who live within, or have a business within, that district. The theory is that the people who have an interest, material and otherwise, in that specific area are the people that you want making decisions about its redevelopment. Another reason for an elected body to establish a board of appointees is to bring in professional redevelopment expertise that is offered free of charge and that may not be represented by the skills and expertise of those on the elected body.

We didn't hear that discussion on Monday night. What we heard was the need for “control and oversight.” This coming from an elected body whose record doesn't compare too favorably with the results of the volunteer CRA board – funding and improvements to our two major entrance corridors from I-95, application for $25 million in Federal money for a Neighborhood Stabilization Program in our most blighted neighborhoods, facade grants to local businesses, support of targeted code enforcement and police efforts and more.

Instead of being lauded for the volunteer board's work, we heard that the board is “out of control” with spending. What the Commission did not realize is that next year, due to the second highest decline in municipal property values in all 38 Palm Beach County municipalities, there will essentially be NO discretionary spending possible in what may be a $2.2 million CRA operating budget. This is down from the present $4.9 million operating budget of the current fiscal year.

We also heard that there is too much talk and criticism of the City Commission by members of the CRA and that this “has to stop.” One of our freedoms guaranteed by the Constitution is that of free speech and, associated with that, no required “blind allegiance” to those who appoint us. What was suggested here by the City Commission is that, if they admittedly didn't have time to do an adequate job of addressing slum and blight conditions themselves, they would like a “rubber stamp” board that they can count on for complete agreement in all matters. This is practically an impossibility, as no one person thinks exactly the same as another person on all matters.

Also associated with freedom of speech is the right to dissent and the right to express that dissent. According to parliamentary procedure, someone makes a motion, there is discussion (where consent or dissent can be expressed) and then there is a vote. Many times there are people who vote their convictions based on the information presented and end up on the losing side of the vote. Other times, they may find themselves on the prevailing side of an issue. This is a standard part of how we govern ourselves.

To expect complete adherence to the view of one, a majority or all members of the body that appoints you to act in the public interest, is not democracy – that my friends is tyranny. If we continue to have discussions in the Commission chambers were dissent and debate are discouraged, then we are missing an opportunity to explore a greater range of ideas, experiences and expertise that can make our city a better place to live, work and play. If not, Lake Worth will continue to be left in the dust of the other municipalities in Palm Beach County.

After Monday night, one is left to wonder if “blind allegiance” is all that is expected by a certain few of our elected officials – regardless of the impact that would have on our future.

This is the full text of the op-ed article which appeared in the Lake Worth Herald on July 30, 2009.

Benjamin Disraeli

Click title for historic biographical information.

Here are some quotes:
As a general rule the most successful man in life is the man who has the best information

Great services are not canceled by one act or by one single error.

Grief is the agony of an instant, the indulgence of grief the blunder of a life.

I repeat...that all power is a trust; that we are accountable for its exercise; that from the people, and for the people all springs, and all must exist.

In a progressive country change is constant; ...change... is inevitable.

Never apologize for showing feeling. When you do so, you apologize for truth.

No government can be long secure without formidable opposition.

The greatest good you can do for another is not just share your riches, but to reveal to him his own.

The wisdom of the wise, and the experience of ages, may be preserved by quotation.