West Palm refuses to spend more inside gates
Courtesy Palm Beach Post

 
By J. Christopher Hain, Palm Beach Post Staff Writer
January 29, 2002

WEST PALM BEACH -- The winds of tax revolt blew again toward city hall Monday night, and commissioners leaned eastward, rejecting a vague policy pledging the city to provide services on an "equitable, fair and consistent basis." 

Commissioner Al Zucaro's motioned for approval of the policy but no one seconded it. 

On an issue affecting political futures, city coffers, legal principles and property tax bills, commissioners heard healthy debate from citizens -- polarized between east and west sections of the city. 

Homeowners of many western, private and gated communities have pushed the city to start picking up some of their ongoing costs, for such things as roads, streetlights and drainage systems. But city attorneys say spending public money on private improvements would violate the Florida Constitution. City attorney Pat Brown also said Monday that the "fairness" policy was problematic because courts would link it to the private development issue. 

Before commissioners voted on the policy, eastern residents won a small victory. 

Commissioners were asked to officially "receive" a task force report arguing for helping private western communities. But a few eastern neighborhood residents said no action should be taken on the report because it was biased and because other reports aren't officially "received." 

Mayor Joel Daves disagreed, and Zucaro moved to officially receive the report. "Is there a second?" Daves asked. 

No reply. 

The audience, however, had much to say. 

Gated communities did not wall themselves from the city, said John Mike of Andros Isle. Residents simply bought homes where they were being built, he said. 

"We are one city," he said. "We are not West West Palm Beach." 

Len Fintzy, vice president of a RiverWalk homeowners association, said commissioners should adopt the resolution -- or else be accused of supporting unfairness, inequity and inconsistency. 

"It's obvious. It's moral. And it's right," he said. 

George Frost, president of the eastern Parker Ridge neighborhood, said private communities should get city services only when they remove their gates, build their roads to code and give right-of-way to the public. 

"Then we could talk about good faith and fairness," he said. 

Legally, government is not required to spend tax dollars fairly, said John Jorgensen, attorney for two eastern neighborhood representatives. What's more, he said, government is prohibited from doing so to benefit private property. Government uses taxes dollars where needed -- regardless of fairness, he said. 

At one point, Mayor Daves interrupted Jorgensen, arguing that the policy was simply about furnishing services fairly and not paving roads. 

"With all due respect, I don't think we need a lot of Supreme Court and other opinions," he said. "I don't think there's any law involved." 

Said Jorgensen: "I would respectfully disagree." 

Residents of the private communities -- many west of Florida's Turnpike -- say they're doubly taxed: They paying the same property tax rate as other city dwellers while paying hefty homeowners fees to pay for infrastructure maintenance or debt. 


Please see as well : Taxpayer unrest smolders out west