Wednesday, November 26, 2014

'Tallahassee Dynasty' Runs County Offices

        Old politicians, who are term-limited out of the Florida Legislature, seldom just fade away. They successfully seek and hold local offices in Palm Beach County government.
        This exclusive "club" of former state lawmakers now administer the Constitutional offices of Palm Beach County Tax Collector, Clerk of Courts, and State Attorney for the 15th Judicial District as of November 2020.*
        Three members of the Palm Beach County Board of County Commissioners also are members of this "Tallahassee Dynasty." They jointly controlled the county mayor's office (chairmanship) for three terms. A fourth commissioner was a former lobbyist in Tallahassee for Palm Beach County before seeking an elected office.
        Members of the "club" have much in common. They are members of the Democratic Party. They had similar voting records while in the Florida Legislature. They served together on the Palm Beach County Legislative Delegation, and cooperated on issues of common interest in Tallahassee. Current "club" alumni are (as of November 2020):
  • Anne Gannon, the county's Tax Collector was first elected in 2006, and re-elected in 2008 and 2012. She served in the Florida Legislature from 2000 through 2006, where she was selected Deputy House Leader.
  • Dave Aronberg, State Attorney for Palm Beach County, was elected to his current office in November 2012. He previously served in the Florida Senate from 2002 through 2010. He was reelected as State Attorney in 2016.
  • Former Supervisor of Elections Susan Bucher was a member of the Florida House of Representatives for District 88 from 2000 until term-limited out in 2008. She successfully ran for Supervisor of Elections in 2008 and was re-elected to the office. She was elected to a third term 2016, but was removed from office by the governor.
  • Commissioner Mack Bernard, a former member of the Florida House, defeated former Commissioner Priscilla Taylor in the 2016 primary election. Taylor was elected to Florida House District 84 and re-elected in 2006 and 2008. In 2009, she was appointed by Gov. Charlie Crist to replace Commissioner Addie Greene, also a member of the "Tallahassee Club," who resigned due to ill health. Ms. Taylor served her first elected term and was county mayor from 2012-14. Bernard was reelected in 2020, and also served one term as county mayor.
  • Commissioner Dave Kerner was elected to Florida House of Representatives for District 87 in 2012 and reelected in 2014. He was elected as the District 3 commissioner in November 2016 and reelected n 2020. He replaced Shelley Vana on the County Commission. She was a member of the Florida House from 2002 to 2008, then successfully campaigned for the County Commission seat in November 2008. She also served a two-year term as county mayor. She ran for Palm Beach County Property Appraiser in 2016, but lost in the Democratic primary. Kerner is serving his second term as county mayor in 2020-21.
  • Joe Abruzzo was elected as the new Palm Beach County Clerk of Courts in November 2020 after serving in the Florida House of Representatives from 2008-12 and 2016-81. He also was elected to the Florida Senate in 2012.
  • Commissioner Maria Sachs was elected to the County Commission in November 2020, representing District 5, after serving in the Florida House from 2006-10 and Florida Senate from 2010 to 2016.
  • Two other members of this legislative club, Lois Frankel and Ted Deutch have moved on to the U.S. Congress. Rep. Frankel also served two terms as mayor of West Palm Beach after leaving the Florida House.
  • Prior to her election in 2014, Commissioner Melissa McKinlay was a legislative  lobbyist representing Palm Beach County government in Tallahassee. She has not served in the Legislature but worked with members of the "Tallahassee Club".

        Is having several countywide offices held by former members of the Florida Legislature good or bad for the county? It is a political scale evenly balanced between positives and negatives, vice and virtue. The scale can tip either way. That is the issue.
        The Florida Legislature is a very political and partisan body of government. However, local Constitutional offices, and even the County Commission, should be nonpolitical and public service-oriented agencies to best benefit citizens.
        The active members of this fictional "Tallahassee Club" belong to one political party, have worked together for many years, and share similar philosophies. The question becomes is it in the best interest of Palm Beach County to have political unity or diversity of thought in local government?
        There is a reason both the Florida Legislature and County Commission have set term limits. It is to prevent a ruling class of career politicians from dominating state and county governments.
(c.) Davidsson.  *Updated in 2020.

Thursday, November 13, 2014

The Night the Music Died at the Kravis Center

        When it comes to stampedes, there is no longhorn cattle drive in Texas or Wyoming that compares with the rush of Palm Beachers to the valet station and parking garage during the final act of a performance at the Kravis Center.
        Once again the upscale patrons of the performing arts, seated in their high-priced center-front orchestra seats, embarrassed themselves and their community before nationally acclaimed recording artists. The event was a joint concert by folk singing legend Judy Collins and singer-songwriter Don McLean presented Nov. 9 in the Dreyfoos Hall.
        Both Grammy Hall of Fame entertainers presented excellent performances which chronicled 20 years of musical history in the 1960's and 1970's. The audience waited in anticipation of an encore which should have included McLean's haunting 1972 melody "Vincent: Starry, Starry Night" and Ms. Collins' signature rendition of "Both Sides Now".
       There was no encore. The concert hall was empty. The audience was long gone before McLean finished singing his classic "American Pie". This is an eye-witness account of "how the music died" on a Sunday night at the Kravis Center.
        Ms. Collins appeared first before an audience that occupied about 80 percent of the seats in the concert hall. The voice of 75-year-old performer proved undiminished by age.
        After a 20-minute intermission, McLean and his band charmed the audience with a mix of rock-and-roll classics and  his own compositions. The finale was "American Pie," one of the most popular musical narratives of the 20th century rock era.
      McLean performed the traditional version of the classic tune before a responsive audience which gave him a much deserved ovation. Then he made a big mistake. The lights were turned on so members of the audience could dance and participate in an upbeat reprised version of the song.
     The stampede began with a trickle of patrons walking to the exit doors. The trickle became a torrent, then a flood of humanity all determined to be the first to reach their vehicles. By the time a perplexed McLean finished singing, there were less than 50 people remaining in Dreyfoos Hall.
      The few courteous music patrons who remained were denied an encore as a result of the rude departure of the majority. The audience had vanished into the "Starry, Starry Night". The entertainers observed "Both Sides Now" of poor concert behavior in the Palm Beaches.
        Palm Beachers once again proved they're number one - in rudeness.
        *Note: Judy Collins and Don McLean are not scheduled for return engagements during the 2015-16 season at the Kravis Center. Once audiences get a bad reputation, it becomes difficult to book top entertainers. Kravis has booked "Dudu" as a 2016 replacement.
(c.) Davidsson, 2015.         

Thursday, September 4, 2014

Fear, Goblins and the 'Bert Harris Act'

        Since its publication date in 1812, nannies and babysitters have read tales of frightful creatures of the night, taken from the fertile imagination of "Grimm's Fairy Tales," to calm unruly children through the use of fear.
        In a similar manner, land developers know they can make some local politicians tremble like frightened children simply by citing a State of Florida legal hobgoblin - the "Bert Harris Act".
        "Bert Harris" is the memorial name for the "Private Property Protection Act".  The act was passed by the Florida Legislature, and enacted into law in May 1995.
        The law reads; "When a specific action of a government entity has inordinately burdened an existing use of real property, or a vested right to a specific use of real estate, the property owner of the real property is entitled to relief, which may include loss to fair market value caused by government..."
        At its best, Bert Harris protects Florida property owners from unfair eminent domain actions, and makes local governments think twice before implementing regulations that unfairly burden private property.
        At its worst, Bert Harris is manipulated by development LLC's, real estate flippers and their lobbyist minions, and used to intimidate local government officials into amending existing zoning rules or land uses for the benefit of the builders.
        At too many public hearings in recent years, it is fear of lawsuits under Bert Harris, rather than wise land use policy or the public interest, that is the deciding factor when new development projects appear before local planning boards.
        Local government budgets are tight, defending against a suit in court is expensive, and the outcomes and penalties uncertain. Planning and legal staff advise accommodation, not litigation, and developers win easy victories without going to court.
        However, while the Bert Harris Act has been upheld by the Florida Supreme Court, it has not opened a floodgate of new court cases. The act is intended to eliminate property use "gamesmanship" by both local governments and developers. Property owners who use the act to "game" local governments into favorable land use actions, do so at their own risk.
        In its first 16 years of implementation, 200 claims have been filed under Bert Harris, but only a few cases were fully adjudicated in Florida courts. The burden of proof in Bert Harris complaints rests with developers to prove land uses or new zoning rules enforced by government have "inordinately burdened" the property owner.
        Unfortunately, pro-development politicians readily cite Bert Harris as the reason to approve a new project even if the law does not apply. It is like "crying wolf" once too often in a Brothers Grimm folktale. Citizens become disillusioned when local officials use this tactic at public hearings. The public good is not served.
        Perhaps it is time for local homeowner associations to turn the tables on developers who seek to increase the zoning density in their impacted communities and thereby reduce the appraised values of rural or suburban properties.
        A Bert Harris lawsuit filed against a local government agency or political board responsible for changing existing zoning solely to benefit developers - at the expense of established neighborhoods - would certainly get the attention of politicians, and perhaps prevent unwanted urban sprawl.
        As the Halloween celebration nears, remember this trick. To spread fear in the catacombs of city hall, don't shout "BOO" - just say "Bert Harris"!
(c.) Davidsson, 2014.
 *NOTE: Additional articles archive in Older Posts

Tuesday, June 10, 2014

Palm Beach County: 'A Tale of Two Cities'

        If Charles Dickens, the author of "A Tale of Two Cities," was hired to draft an economic analysis of Palm Beach County, the executive summary of his report would conclude: "It is the best of times (in the Town of Palm Beach), and it is the worst of times in the City of Belle Glade."
        While the classic 1859 novel was a social commentary about life in revolutionary France during the 18th century, his descriptions of economic inequality have certain parallels here in Palm Beach County in the year 2014.
        Demographic diversity is often viewed as a community strength, but the economic diversity (disparity) between the rich and poor - or between eastern coastal cities and the three Glades communities - is a social disgrace. A 2013 U.S. Census comparison of Palm Beach and Belle Glade illustrates this wealth disparity and economic divisions in the county.
        Population: The population of Belle Glade is 58% black and 34% Hispanic. A total of 27% is foreign-born, and 31% of the population is under age 18. The Town of Palm Beach is 97% white, less than 4% Hispanic, with less than 7% under the age 18.
        Social Factors: A total of 85% of Palm Beachers are homeowners with a median home value of $859,000. Less than 43% of Belle Glade residents own their own home, and the median value is $113,000. Just 59% of Belle Glade students receive high school degrees, compared to 97.2% in Palm Beach.
        Wealth: The median household income in Belle Glade is $28,495, compared to $106,548 in Palm Beach. In the City of Belle Glade, 35% live below the poverty rate, 26% collect food stamps, about 19% are unemployed and 41% of the population is not in the work force. Only 4.4% of Palm Beachers live in poverty and 4.9% were unemployed in 2012.
        "A Tale of Two Cities" still carries a useful social message today: "It was the age of wisdom, it was the age of foolishness... It was the spring of hope, it was the winter of despair."
        In Belle Glade there is little hope, but still much despair. Dickens warns the seeds of revolution are planted in fields of human misery.
(c.)

Thursday, May 8, 2014

Taming 'Lobbyists Gone Wild' in Government

       In a "one man (or one woman) - one vote" system of government it is assumed that each vote carries equal weight in influencing elected officials. That is unless the heavyweight voter is a registered lobbyist.
        A lobbyist is defined by the 2014 Florida Statutes as "a person who for compensation seeks to influence governmental decision making, or sought to encourage the passage, defeat or modification of a proposal or recommendation..."
        Who are these lobbyists? They are professionals, with their own state organization, representing private sector clients or special interest groups. Local governments also hire lobbyists to influence elected state and federal officials in the passage of local bills.
        Lobbyists of Palm Beach County Government are required to register under the guidelines set in the "Lobbyist Registration Ordinance" which went into effect on April 2, 2012. A list of lobbyists and their clients can be viewed online. Most municipalities and state government also have registration requirements. The new Palm Beach Code of Ethics places limits on lobbyist contributions to local officials.
        So, is there an issue with lobbyists? In the perception of many citizens, who observe lobbyists in action during public hearings, the answer is yes. Many believe the deck is stacked against citizens when they appear in opposition to lobbyists. Part of the problem stems from the public hearing procedures used by local officials.
        In County Government, and the City of West Palm Beach, a citizen's comments on a project or issue is limited to three minutes. However, the lobbyist petitioning the board often is granted unlimited time to present its case for the client. The lobbyist can call experts to testify, and is granted a rebuttal period to respond citizens in opposition.
        Citizens leave the public hearing with the sense their voices were not heard. So what can be done to create a more even playing field during public hearings, and thus restore citizen confidence in the process? Here are a few ideas that have been tried in other parts of the country:
  • Balance the time allotted to both lobbyists and persons or groups in opposition.
  • Require registered lobbyists to identify themselves and their clients whenever they address a government board.
  • Require commissioners to publish their meetings log with lobbyists online.
  • Require commissioners to report political contributions received from lobbyists and their clients when they appear before the board at public hearings.
 (c.) Davidsson. 2014.

Saturday, May 3, 2014

City of WPB and Sea-Level Rise

        There seems to be a disconnect between stated climate change concerns of the City of West Palm Beach and its recent bayside development actions. The City Commission granted approval on first reading to three high-density projects east of Flagler Drive - the Rybovich village, Palm Harbor Marina Hotel, and the Chapel-by-the-Lake "Bristol" condominium.
        Both the NOAA "Sea Trends" study and a recent University of Florida report confirm South Florida can expect its estuaries to rise about two feet by the year 2060. Land east of Flagler Drive is already a designated FEMA flood zone, hurricane evacuation area, and within the county's hurricane storm surge zone.
        Many progressive cities facing sea-level rise are opting to zone flood-prone waterfronts for civic park or low-density uses. Unfortunately, development dollars trump common sense in the City of West Palm Beach.
        The City Commission is in a state of denial about future flooding along the Lake Worth Lagoon. The city needs to thoroughly examine future public safety and property risk management issues before approving additional projects east of Flagler Drive.
        Note: The updated 2014 FEMA Flood Insurance Rate Maps (FIRM) for Palm Beach County confirm properties located east of Flagler Drive are at risk of flooding.
(c.) Davidsson, 2014