Wednesday, April 22, 2015

Money Wins in West Palm Beach


Basically, the people have little chance to win a legal argument against a government or a well heeled developer unless they can raise a ton of money. In the end, you can't fight city Hall. The city uses your tax money to fight against you. It's a game they continue to win in Florida. It's always about the money.

It's not just Lake Worth where citizens have to continue to fight their elected officials as well as planning boards who only think about developers by giving them waiver after waiver but West Palm Beach has its share of corruption. Citizens For Thoughtful Growth was formed to stop the 25 foot condo from being built at the Chapel by the Lake property directly situated on the Intracoastal Waterway. Citizens were appalled. Citizens took action but in the end, deep pockets won.

As one person said on Facebook, that sums up the feelings of the people. "The city of West Palm Beach violates it's authored and legislated ordinances, when it's financially beneficial. Many of the elected Commissioners are clearly in the pocket of developers. The charm and skyline of our beautiful city will be negatively transformed and WPB will resemble Ft Lauderdale down the road."

1963 Photo--when our vista was unobstructed
Photo credit: A Guy on Clematis

From Citizens For Thoughtful Growth Facebook page:

CTG PRESS RELEASE – SETTLEMENT Citizens for Thoughtful Growth (CTG) has reached a settlement with the City of West Palm Beach and the developer (GAK Partners, LLC and Flagler Investors, LLC) in all pending litigation (3 matters) regarding the Chapel by the Lake project. Despite CTG’s strong opposition to the City’s actions in approving this project, the ability to continue engaging in litigation became insurmountable. The combined resources of the City and the developer (who shared the same attorneys and who the developer paid for at no cost to the City) could not be matched. CTG, in its best estimate, was being outspent by a margin of 10-1 with respect to fees and costs for legal services, experts, and lobbyists. Even though there was support from citizens, both financially and otherwise, CTG was willing but not in a financial position to continue its fight.

This is a bittersweet resolution for CTG. On one hand, CTG was not able to force the City to comply with its Comprehensive Plan and Zoning Code on this specific project. On the other hand, a substantial and significant settlement has been reached which will allow CTG to be a financially viable and active organization to monitor and litigate, where appropriate, future issues of growth management through the conclusion of litigation, including those on Flagler Drive. Policy 3.1.2 of the Coastal Management Element of the City of West Palm Beach Comprehensive Plan explicitly states “Scenic vistas of the Lake Worth Lagoon and its associated habitat shall be preserved and enhanced.” CTG cannot comprehend why the Mayor and City Commission ignored (and will probably continue to ignore) this and other provisions of WPB’s Comprehensive Plan as mandated under law.

With this settlement, CTG is a stronger organization. But an organization like CTG is only as strong as its leadership, members, and their joint dedication in purpose and action. CTG is incredibly grateful for the support it has received from individual citizens through financial contributions and attendance at public hearings and Court hearings. CTG was able to fight as long and hard as it did because of generous support by its members. CTG is willing to refund donations back to its members if same is requested and will be in touch with donors in the very near future. CTG would ask that members seriously consider keeping their donation with CTG.

It is clear the City will continue to act in an arbitrary, ad hoc manner and will continue to favor developers who will spend whatever money is necessary on experts and lobbyists to get their projects approved. The ability of West Palm Beach to preserve and protect itself from massive non-compliant projects is to elect a responsible Mayor and City Commission who believe and commit to complying with the Comprehensive Plan and Zoning Code (along with any appropriate proposed changes to both) and who will seriously consider and balance the input of citizens against profit making developers in the future.

Remember, the current Mayor and Commissioners were only elected by approximately 19% of the voting public. So change is very attainable! CTG is “for the citizens of West Palm Beach” and requires your support. As Dr. Seuss taught us in The Lorax, “Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.”

1 comment:

Anonymous said...

what's the problem with a 25 foot condo?