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.”

Chapel by the Sea - Illegal decision made by West Palm Beach Commission

Comment Up

This chapel has been demolished for a highrise--

land that has been used by the church for 111 years.

It was all about MONEY

Nothing surprises me anymore when it comes to politicians doing whatever the heck they want to do to achieve their desired end. Earlier in the year, the West Palm Beach City Commission  voted 5-0  to allow a developer to build 295,000-square-foot, 70-to-74 unit luxury high-rise on Flagler Drive.

A political action committee, Citizens for Thoughtful Growth, was formed to protect the quality of life for West Palm Beach citizens and businesses by advocating controlled growth and preservation of an appropriate Zoning Code and Comprehensive Plan. They sued the City contending that the West Palm Beach commission bypasssed the Planning and Zoning Board in order to give the developer a waiver on the 3.21 acre property. Waivers are given out like M&M's by politicians.

An Appellate Court just ruled in favor of the citizens by saying, "It was illegal for the City Commission to bypass the Planning & Zoning Board."

It sure is getting old to constantly fight corrupt decisions made by politicians who should be looking at the greater good and working within the rules--just an example of why we need to throw the bums out. 

Elected officials know better than those they represent

Comment Up

There are three citizen lawsuits against the City of West Palm Beach:  Rybovich Marina, Palm Harbor Marina and Chapel by the Sea.   Why?  Because West Palm Beach's elected officials have approved of massive  projects that developers want to build on the waterfront that will erase the skyline forever. Officials are not following their Comprehensive Plan several have charged. It is a pity that citizens have to use their resources to sue the city due to an elected mindset that only has half a mind when it believes that waterfront development and compromising principles for someone's gain is the only way a city can prosper.

Typical electeds' condescending lying political statement--(they must go to school for this--perhaps the League of Cities--Lake Worth uses this one too...the one they didn't use was anarchists wanting to hold the city back)
"Change is difficult. There are LOTS of people that would like to keep the city a sleepy little town. I appreciate that."
~ Mayor Jerry Muoio

Typical developer statement
"It will transform the Broadway corridor, just to the west, spurring a village of marine-related craftsmen that will improve the condition of the troubled and financially distressed area near Northwood."  (The city is giving him a waiver on density from 32 units an acre to 55)
~ Developer Huizenga Holdings

Baseball stadium will ruin beautiful park

Comment Up
Letters to the Editor
Palm Beach Post
May 8, 2014

Baseball stadium will ruin beautiful park

The park is named after former county commissioner John Prince, who served for 18 years. Prince got developers and the state to donate more than 1,000 acres in the 1930s and 1940s, which became the park, Palm Beach State College’s Lake Worth campus and the Lantana Airport.

I do not believe Prince or others involved in creating the park envisioned a baseball stadium in the park, rather (like Central Park in New York City) a place to get away from the busy city activity and relax with nature. We do not need more concrete in John Prince Park. The park now shows people how “old Florida” used to look.

I grew up on High Ridge Road, two blocks from Lake Osborne Drive and as a Boy Scout camped out at the Boy Scout campground. Years later my wife and I would bring our children camping at the John Prince campground. I currently live on Lake Osborne Drive, using the path around the lake to watch the wildlife while biking or running around the lake. Please, please, please do not put a baseball stadium in middle of this beautiful natural paradise.

To solve the potential for kayakers collecting home run balls hit into the water, please consider using the Chapel by the Sea property.

BOB DUMMETT, LAKE WORTH

Exercising legal rights to stop inappropriate development

Comment Up

The Chapel By the Sea will have a condo, 22 stories high

unless citizens can stop it

Citizens for Thoughtful Growth, is a political action committee in West Palm Beach with approximately 400 members. It was formed to protect the quality of life for West Palm Beach citizens and businesses by advocating controlled growth and preservation of an appropriate Zoning Code and Comprehensive Plan.

Here in Lake Worth, we have the Historical Preservation and Planning & zoning boards and we are under the illusion that they are looking out for our quality of life as well. No one on these boards ever spoke out to honor the vote of the people in March 2013 to keep the downtown a low-rise city. In fact, with their packed developer oriented boards, they voted to change the comprehensive plan and the land-development regulations and gave their recommendations to their "develop at all costs" leaders, the Lake Worth commission. The only ones who spoke out were ordinary citizens who were totally ignored who formed a political action committee, Respectful Planning PAC. They won the vote but temporarily lost the war against a corrupt regime.

Citizens for Thoughtful Growth political action committee was formed because they have experienced that elected officials and political appointees are not looking out for Joe Citizen and it wants to protect and preserve the quality of life for all those in West Palm Beach. It supports reasonable and appropriate development. One of the developments it does NOT support is the development of the Chapel by the Sea waterfront property. They have sued the city for granting waivers for the development of this project that they say the city is not authorized to grant and for the city councils' decision to allow a high rise condo to be developed. They are challenging what they believe to be unsound proposals by over-reaching developers and elected officials.

It is most unfortunate that citizens have to file lawsuits because of elected officials that are there to represent the people. The city commission as well as the mayor did not listen to the citizens when they voted to allow out-of-town developers to build a 295,000-square-foot building that is 315 feet high on the Chapel by the Lake waterfront property no more than Lake Worth's commission did on the heights amendment.

If you want to contact Citizens for Thoughtful Growth or donate, click here. You may not think this is your "fight" but in reality it is everyone's fight.  What could be better than helping to protect the waterfront and the voice of the people?

The Waiver - The Suits - Chapel by the Sea

Comment Up

They came and protested. There were two town hall meetings.  There were months on months of contention and the people spoke. The West Palm Beach City Commission never listened. They never had any intention of listening--just fooling the people by telling them, "Look what we've done--we've negotiated the project down from 25 floors to 22." You see, they had the power to make the decision to allow a highrise to be built on the Chapel By the Sea land, land that was filled in by the State with the caveat that it never be sold or developed. The West Palm Beach commission didn't care about that nor did the developer who hired Kilday & Associates to talk down to the public by telling them that nearly every city around has given waivers to developers.

Commissions NEVER listen to the people.  They listen to the developers. They continually make decisions and waive rules for unwanted development or projects that they want. They rule. They are allowed to do that if they believe that the development project is justified even if it is three times what the Comp Plan calls for or in the case of Lake Worth, not even honor an election. With the chapel project, they had GOD on their side. All they could see is tax base. Screw the waterfront. Screw the people they serve. Screw Florida.

NOTHING WAS ethically JUSTIFIED about it.

Now the citizens have filed two lawsuits.

Chapel By the Lake - Quotes of the Day

Comment Up

Another part of our Florida waterfront skyline soon will be gone--zip, over, done.


The West Palm Beach Commission approved a 22 story condo to be built on the Chapel by the Sea property on the Intracoastal Waterway.  Last night, residents talked for two hours, mostly against it...no one on the commission heard. The Commission believes that it is private property and people can do what they want with it as long as it is within their zoning codes.  Why can't waterfront property be protected?  Why do commissions constantly give waiver after waiver so that developers can come in and do what they want with property within our State?  Why does a city like West Palm Beach or Lake Worth go around a vote all for their development aspirations?  They got rid of Lois Frankel years ago and look what happened to her--now a United States Congresswoman. Can it get any worse than that?  It is no wonder residents believe there is corruption.

Quotes from the meeting:

• Mayor Jeri Muoio:  "We all, we all, find it incredibly insulting that people suggest there's money being exchanged, there's corruption going on."

• Associate pastor of the First Baptist church, Kevin Mahoney:  "We're very pleased with the work of the city commission to accomplish this project for our city."  What he failed to say, 'We will make double digit millions to block the waterfront."

• Kilday Associates, Planners on behalf of the developer:  "Almost every recent major development in the city has received waivers."  Why do we have a Comprehensive Plan when waivers are dished out like M&M's to anyone who asks?

• Former jailbird West Palm Beach commissioner Jim Exline who spent 10 months in a Federal Prison:  "Developer's concessions make it palatable."

Chapel by the Sea - Speaking out and telling it like it is

Comment Up
January 16, 2014

Chapel offer quite the scam

A developer shows up at a business and offers to buy a portion of the property for three times what it’s worth, only, however, as long as he can get permission to build three times as much density allowed by code, with the understanding that the value of the land correlates proportionately with the density granted.

The business owner now has a strong interest in backing the additional density because he’s a partner at this stage. The more density, the more he makes. The developer now has a local voice in the community, promoting a deal even he thinks is over the top, however, what’s he got to lose? Go in big, get shot down, come back with only twice the allowed density and have the city crow about the developer’s willingness to compromise. In truth, the developer falsely inflates the value of the property, but in the end he paid twice the value but got twice the density.

Now, substitute “business owner” with Chapel-by-the-Sea.

James Downey
Boca Raton

Boynton Beach's Leisureville hires top land-use attorney

Comment Up

The Boynton Beach commission voted in a four story Holiday Inn out near Leisureville and Ocean Drive.  Those residents who have spoken out against a commercial enterprise next door to their neighborhood have hired Ralf Brookes attorney. He is a legal expert in land use and development litigation.

If you recall, Mr. Brookes is also the attorney for Laurel Decker who was chair of the Respectful Planning Political Action Committee whose efforts kept the downtown of Lake Worth to 45 feet east of Dixie and 35 feet west to the Loop when the vote was won on March 12, 2013 by 55.86%.  At this moment no one can build higher than 45 feet in downtown Lake Worth.

As one Leisureville resident, Sandy Peterson-Hardt, said, "It is the job of those (elected officials) who listen  to the people to present their (residents) ideas to the developer...they have to determine what is right or wrong...that didn't happen."  Sandy, we feel your pain. Elected officials represent themselves or come up with all sorts of excuses why a developer can do what he wants. The biggest one is "we can't stop development on private property."

Why can't cities tighten up their land development regulations, stop giving waivers and exceptions and protect residential neighborhoods as well as our waterfront skylines ( the chapel By the Sea in West Palm Beach comes to mind)?  How do elected officials totally ignore people they represent and especially, in the case of Lake Worth, the vote?

Chapel By the Lake - 30 Pieces of Silver

Comment Up

PB Post photo

Another gorgeous 3.2 acres of waterfront property soon to be bulldozed for what neighbors describe as a 25 story monstrosity. It's all been delayed until January 6th as the West Palm Beach Commission was concerned about two towers instead of one. They should have concentrated on the set-back waiver to the developer and ruining the sky-line forever...or perhaps listening to the people?

It is said that 1,000 people a day move to Florida and we are one development away from environmental ruination. If elected officials can't be trusted to save our waterfronts, who can?  Church leaders say the sale will get them out of debt. They did not listen to their members nor did they care.  It's always about the money...selling your soul to the devil--30 pieces of silver.