"Super Majority" Ballot Issue

The above is text from the petition that has been circulated through the City of Lake Worth. You might have seen the article by Nicole Janok in the Palm Beach Post yesterday which reported on the filing of the signatures with the Supervisor of Elections. They have now been delivered to the City Clerk and will likely be on the ballot in the March municipal elections. I happened to be quoted in the article and referred to the "Super Majority" as a misnomer and that it should be called a "Super Minority" measure since it tilts the table in favor of the minority faction of the Commission - currently our 2 of 5 votes on the City Commission for most major decisions.

What didn't make it in the paper was my expression of how this goes against one of this nation's foundations of democratic governance - that of majority rule. It is really a bedrock of our democracy in the United States. Given that, I would be surprised that people would approve such a measure. However, scaring people into signing and voting for a petition has become a pastime for a group here in Lake Worth. For example, the following is an excerpt from their second page of the petition document:




Now, we can all agree with the first sentence of the above. If you look at the zoning map and future land use for the City of Lake Worth, you will realize that nearly half (acutally 43%) of the City is single or two family residential. Most of that area east of Dixie Hwy. is also further protected by historic districts. The second sentence is misleading - it states the Lake Worth City Commissioners regularly overturn zoning laws that protect our neighborhoods by only 3 votes. In reccent history, there have been two former single family lots (on my street, by the way) that were rezoned to multi-family to allow the Courtyards project to proceed. The other rezoning was part of an annexation of a 4 acre parcel from unincorporated Palm Beach County into the southwest portion of the City. (Without going in to great detail here about that annexation, future land use plan change and rezoning, you can do a search on this site for "Sunset" and that will take you to a complete summary).

Let's assume that the total amount of residential land that was "up-zoned" (a term which is also misleading) was 6 acres in the recent history of Lake Worth. That represents less than .36% (that's a third of one percent) of the total amount of single and two family residential land within the City. This hardly qualifies as something that is done "regularly" by the City Commission. The residential re-development in the form of multi-family projects along Federal Highway conformed with the long standing zoning designations and densities in place on the property. The Hammond Park project currently under construction just north of the downtown area along Dixie Hwy. actually was part of future land use plan change from commercial to residential, along with a corresponding zoning change - same for the Courtyards project at the north end of Dixie Hwy.

Let's touch on the term "up-zoning" which is widely used by the people behind the petition. There are many aspects to any zoning district - there are dimensional requirements and limitations, a list of permitted uses and uses that are permitted by special exceptions (meeting higher standards) and other provisions. In the process of adjusting these regulations over time (which the City is about to undertake next year in the form of a "re-do" of the Comprehensive Plan and the Zoning Code) there is not a clear interpretation if more than one change is made if that is up-zoning (meaning allowing more building, etc.) or down-zoning (tightening the requirements in the zoning district).

If you read the petition language above, you will see that it refers to any change - not just up-zoning as many of the proponents assert. As part of the finalization of the Master Plan process this coming year, there will be areas that we are tightening the regulations, especially in the residentially zoned areas around the downtown - further protecting the historic character of that area in line with the Zoning-in-progress that is already in place. The same provision in the ballot measure would apply to that area and the adoption of our new Comprehensive Plan and Zoning Code.

Now let's talk about practicalities and implications here. Hypothetically, let's say there is a proposal that makes it to the City Commission for exactly what the proponents of the petition want to prevent - rezoning from a single family district to a multi-family district. Under the current code (according to majority rule, an excepted standard in our democratic process), the rezoning would require at least a majority to pass - a vote of 3-2. Let's say that A,B,C vote for approval of the rezoning and D, E vote against. Now, under a super majority rule, D and E individually have the power to overturn the desire of the majority. If either vote for or against, they determine the outcome of the proposal. That places a lot of power in the hands of one person who could be unduly influenced by anyone interested in the result. Do we want to institutionalize this in our City Code? Remember, this would apply to any change in the Comprehensive Plan, zoning or land use designation. Coincidently, this will be a big work item at the Planning and Zoning Board and City Commission for the next two years.

Our election cycle in Lake Worth is already a short two years. If some action by a Commissioner so infuriates you, you can and should remember that come the next election cycle. You would either vote against that Commissioner/Mayor by voting for their opponent or you would run against that person yourself. That is the essence of our representative democratically elected government. We also have to realize that of the 15,000 some registered voters in the City, only about 5,000 or so come out for a large turn out municipal election. Thus, the fate of our future rests with a minority of registered voters and an even smaller minority of the 40,000+- residents of the City of Lake Worth. Do we need to allow for a further distortion of majority rule by adopting a super-majority stand as it relates to land use decisions - effectively creating a super-minority? I think not.

I know that this is quite a lengthy explanation of my view of the process and the implications. Do you think that each one of the persons who signed the petition was given as full an explanation and that each one understood the implications? Do you think that they were given the examples that I gave about the limited amount of "up-zoning" that has taken place in the City of Lake Worth? If so, then the item deserves to be placed on the ballot. I personally doubt that each person who signed the petition had a thorough understanding of the measure.

But, be that as it may, the measure will be appearing on the ballot for our next municipal election on March 13th. Please choose wisely when you vote "yes" or "no" on the measure.

Personally, I choose to vote against the measure.

I would like to hear what you think by commenting here. Thanks and let's be true to our representative democratic traditions - including the free exchange of ideas and information and the right to agree or disagree with one another.

"Political advertisement paid for and approved by Wes Blackman for Commissioner – District #3"