"If you go to City Hall and request public records about this project [The Gulfstream Hotel], you might be surprised about what you hear. Due to a city resolution, this information is not public. The city believes that the plans for this project are proprietary. I believe they should be public. Residents should have knowledge about projects that affect them directly. Last week at the Parrot Cove forum, my opponent stated that the Gulfstream is going to build a parking garage on South Lakeside Drive. How does my opponent have that information when you, the residents are not privy to it?"—Ryan Maier, Bryant Park Forum, 2/23/15First of all, Florida Statute 288.075 provides that:
...under written request from a private corporation, partnership, or person, records of an economic development agency which would contain or would provide information concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its business activities in the state are confidential and exempt from s.119.07 (1), Florida Statutes, and s. 24 (a) Art. I of the Florida Constitution.[This information was provided by the City of Lake Worth's Economic Development Director.]
Furthermore, the City Commission authorized Confidentiality for Economic Development Projects under Resolution 28-2012. You may find Resolution 28-2012 on the City's website, here.
Here is the Resolution (below), passed by the City Commission in July 2012.
The vote was unanimous with the Mayor being absent. Notice that both Commissioners Mulvehill and McVoy were on the Commission at the time and voted affirmatively.
Here is the application that a private entity can submit to qualify for the exemption from the Sunshine Law.
While the owners of the Gulfstream Hotel have filed this paperwork, they have still met with many neighborhood groups throughout 2014. Here is when they took place and with which Lake Worth neighborhood association:
Parrot Cove July 21
Lucerne Condo August 2
Downtown Jewel NA October 6
South Park October 13
Bryant Park October 20
Gulfstream Tower Condo Association February 25, 2015
At each of these meetings, the owners of the property discussed plans for the renovation of the historic hotel along with the need to provide additional parking in the area in the form of a parking garage. They have met, and continue to meet with representatives in the area, regarding the number of spaces, ownership arrangements for those spaces and the needs and requirements related to the hotel. These discussions were necessary before any formal application was filed with the city.
This is William Waters' description of the process to date and what they have submitted to the city:
Hudson [Holdings] has applied for and received approval for exterior demolition of the pool and pool pavilion and interior exploratory demolition. Applications for the two structures on the west are pending awaiting submission of required documentation and presentation of a formal conceptual plan. Once all of the information is received a CoA will be brought forward to the HRPB [Historic Resource Preservation Board].The approval mentioned was not wide enough in scope to go before any board and it was approved by staff. Demolition of the pool got rid of an attractive nuisance—it was dangerous and unsecured in its previous condition.
Now, as it relates to Commissioner John Szerdi's knowledge of whether or not a parking garage is planned—he has attended some of those neighborhood meetings where presentations were made. Commissioner Szerdi and the city acted proactively and asked for a Commission on Ethics opinion regarding his doing paid work for the owners of the property and the implications that has on his actions as a Commissioner in Lake Worth related to the Gulfstream Hotel property. This is the opinion letter RQO14-035.
Commissioner John Szerdi has adhered to this opinion and it will guide his actions in the future. This is not an "ethics violation." This is guidance, requested by the city, on how a seated Commissioner should conduct himself in the future.
Now, listen to the whole statement by candidate Ryan Maier at last Monday's (2/23) Bryant Park candidate forum about transparency:
The following morning, I contacted the Office of Inspector General of Palm Beach County. I asked for any and all correspondence relating to Lake Worth City Commissioner John Szerdi. Two days later, this is what I received:
Letter to Lynn Anderson, dated 2/19/15 from the Office of Inspector General. |
Letter to Kathleen McGiveron dated 2/19/15 from the Office of Inspector General. |
Complaint filed by Lynn Anderson and Kathleen "Katie" McGiveron on 2/17/15. |
The subject of the complaint is for City Manager, the entire City Commission, sans Commissioner McVoy. |
There is no "ethics violation" from the Inspector General's office regarding Commissioner Szerdi. There is also no ethics violation from the Commission on Ethics. All there is is an advisory opinion—not a violation.
Political advertisement paid for and approved by John Szerdi, non-partisan for City Commissioner