PB: NPO Impressions
by SDM
SDM watched about three hours of the Palmetto Bay council meeting last night, basically the first part that covered Councilwoman Lindsay’s “neighborhood protection” ordinances. Palmetto Bay requires a public hearing when it sits as the land planning agency and again when it sits as the village council. So the meeting went on forever and SDM had seen enough.
Lindsay melts down
SDM can’t say for sure why Councilwoman Lindsay was so on the edge last night, but any rational observer had to conclude after her rant at David Singer that she is stressed out.
Singer spent his weekend applying Palmetto Bay’s setbacks – as they appear in the NPO - to two village properties. His message was that the setbacks would make it very difficult for two village non-residential properties to rebuild after a catastrophe. SDM doesn’t know if Mr. Singer is correct in his analysis, but the mere mention of someone else fact-checking set Lindsay off.
Councilwoman Lindsay unleashed a vicious volley of accusations at Singer. She proclaimed he was misleading the public because the council was not in fact altering required setbacks. The setbacks in the NPO, according to Lindsay, derived from the existing village code and the once-reviled, now-sacrosanct county code.
Singer replied that her answer might be true but it did not change the facts. These properties could not be rebuilt under the 50% rule. Singer argued that regardless of how the setbacks were established, they have the potential to be harmful.
(SDM must wait for the video to be released before making a final judgment on exactly where these properties stand. The explanation given last night may be correct, but SDM feels the need to verify.)
The outburst from Councilwoman Lindsay struck SDM as outside her normal temperament, which got SDM to thinking about why she was so agitated. Perhaps a review of where we are now with this “neighborhood protection” nonsense will offer a clue.
NPOs ain’t what they used to be
If you recall back to April, Councilwoman Lindsay said that a key reason for the NPOs was that “[c]urrently we have ordinances that define the criteria for development in both commercial and residential areas but we do not have adequate criteria for development of non-residential within residential areas.”
So what are these fancy new criteria that were so necessary that the entire village political system had to be upset?
Well, it seems these criteria do not include gigantic, wasteful buffers. The Rosemary Woods missing video tape from the last NPO public workshop apparently covered a discussion by the council to abandon the buffer idea, which is good news. It was SDM that advocated months ago for dropping the idea.
But as a political matter, if the buffers were crucial to protect the neighborhoods – they weren’t, of course - but if they were, then didn’t Lindsay fail politically? SDM’s not trying to rub salt in an obvious wound, but rather is wondering aloud whether Lindsay’s promise to the SOPs was intentionally or unintentionally impracticable in the first place? Hmmm…
Let’s look at the NPOs from another perspective: What did the “neighborhoods” get? As far as SDM can see, not much.
They got six-foot walls and reduced decibel levels in the noise ordinance. The got fewer children allowed in day care centers. And, the village’s code has been re-ordered.
(SDM will wait and see if the stylistic changes really make the document more comprehensible to the non-professional reader.)
But clearly, the NPOs are a shadow of the vast revisions Councilwoman Lindsay imagined. SDM argues this is so because she misjudged how difficult writing a land use code is. Her miscalculation cost the village many, many hours of staff time and divided the community.
SDM Wonders: In the end, was it worth it?
Aside to Councilwoman Lindsay: You can fulminate all you want, but you started this crusade and it is you and your cohorts that divided this village. SDM comments on the words you say and, when they are finally published, the words you write. It is you who sets the agenda and starts the arguments, not us.
Is Stanczyk still chairing the meetings?
Among the odd moments during last night’s meeting was the spectacle of the village attorney running the meeting. Ms. Boutsis kept saying, “do we have a second?” She asked about whether the titles were read and if the Mayor wanted to call the question.
There was one point where Mayor Stanczyk was just letting the attorney run things until it appeared she awakened from a slumber as the attorney prodded her to take an action.
Zisman off the reservation again
Perhaps the Mayor’s distractedness can be explained by the unusual and outrageous broadsides leveled at her by a Mr. Zisman of Recall Palmetto Bay fame. Zisman got up and instead of commenting on the ordinance on the table spent his three minutes blasting the Mayor over the location of her shed, which he claims is illegal.
The shed ordinance is another bad piece of legislation passed by a council that spends far too much time thinking up new ways to interfere with residents’ lives. The fact that the Mayor got caught up in the shed ordinance thicket makes her just like hundreds of other similarly situated Village People.
SDM Says: If your plan, Mr. Zisman, was to make the Mayor look bad, SDM thinks you failed. SDM felt sorry for the Mayor instead.
This was sent by me to Joan Lindsey this morning….
Dear Councilwoman Lindsey,
I would request you spend the weekend reviewing the decorum rules and regulations regarding your conduct at Village of Palmetto Bay hearing last night. If residents are going to be held to these standards so should sitting Council Members.
I did not appreciate being dressed down after I left the podium last night. It was un-statesmen like, unprofessional, undignified, and unacceptable. If you or any of the other Council Members insist on a five-minute insulting diatribe after an individual finishes addressing the Council then they should have the opportunity to rebut your accusations. I am not a student in your classroom that you have the right to disparage.
Just because you do not agree or like the facts I presented does not make them incorrect and erroneous.
You are correct in saying I have an agenda, my agenda is to insure the Village I was born and raised in is run efficiently, effectively, and that the Council represents all residents not just those 50 who are members of the CCOCI.
I personally do not care who serves on the Village Council as long as they hold these same standards.
You apparently are accustomed to individuals who have an IQ of a peanut speaking at your meetings and fawning all over you but I am not one of those individuals.
I expect correct answers to my questions from the Council and the Village Manager. I find the fact that when I asked what the deficit for 2013 was going to be at last week’s budget meeting and neither the Mayor nor City Manager knew the answer without help from the Finance Director to be an embarrassment to the Village.
I have repeatedly been given misinformation to questions as recently as last week from Vice Mayor Brian Pariser. Once again, this is unacceptable.
Whether you serve six months or two more years, I will be working to insure all the citizens, churches, schools and businesses get a fair chance to thrive in the Village.
I will be eagerly awaiting an apology.
She does owe you an apology; but more importantly, she owes us all a change in behavior.
Councilwoman Lindsay is a relatively new elected official and she is suffering from a disease all of them get: they think they know it all and that they must comment every time someone opens his or her mouth.
The greatest elected officials are those who measure their words carefully and speak selectively. Lindsay says so much so often that even those like SDM who are listening actively tend to tune her out.
She was insulting to you last night in words and tone which constitutes behavior unbecoming to person who seeks to be a leader.
Yes SDM, The Plan was to show the Mayor for the Hypocrite she is. Sorry I let you down. However, a demolition permit is issued and her shed is scheduled to be torn down.
On a lower note, there was the exchange between James McGee and Vice Mayor Brian Pariser. For those who weren’t there, let tell you what happened. Mr. McGee of the Alexander Montessori School ask a very simple question regarding the Pool and Tennis courts at his school. Why can’t he rent them out to a third party? It’s his property. He paid for the land, paid to have the Courts and Pool built. He does run a for profit institution. Why can’t he make a few bucks on his own property?
This is the question regarding all of this Neighborhood Protection Bunk. Why cant a landowner use his property to make a buck. Shelly and her ilk want to control every aspect of what a landowner can do, even if the activity is legal and doesn’t bother anyone.
Brian’s answer to McGee was “what if you want to rent your court out to a Biker Club?” What? Brian, say that again. “What if you want to rent your court out to a Biker Club?”
McGee’s answer was classic, ‘We will then have Bikers Playing Tennis.” What an absurd statement by the Vice Mayor. Now he’s worried about Bikers invading Palmetto Bay to play Tennis. Well, if there are any Biker clubs out there in Palmetto Bay, you are welcome to come over and use my court. Just don’t make to much noise.
SDM would hope all the Village People would be pushing the Mayor to fix the absurd shed ordinance so that it affects fewer residents. Think about it: is it really the best idea to make folks put their shed 10 feet from the property line or whatever it is? Wouldn’t it be better if the sheds were tucked into the back corner of the lot? As a victim of the ordinance, one would hope the Mayor could apply her considerable experience with bad ordinances and get this one repaired or removed.
Feel sorry for the Mayor?!? What?!?! She knew about her shed violation. She ignored her law breaking while she was forcing fellow residents to comply. This is absolute arrogance. This is inexcusable. I am the law and, therefore, I am above it! Pitiful.
SDM is not a licensed therapist, or even an unlicensed therapist, but feel free to vent here if it makes you feel better!
Funny because after last nights Council meeting I could use a good therapist. Maybe we could schedule and the Village would pay for a group session.
Some key observations:
The SOPs need to realize that Lindsay, Pariser and Stanczyk did not deliver. Stop living in their fantasy world. You cannot control what others do. You may set reasonable standards, but they must be applied uniformly.
The exchange between Vice Mayor Pariser and Mr. McGee of the Alexander Montessori School was classic. It shows that the three amigos cannot be trusted (are you watching SOPs?) They made promises to Beverly McGee and even discussed at a workshop that the Alexander Montessori School was exempt. The poor McGee family thought they had a deal, then saw the rug pulled out from under them. The McGees should sell out now and develop homes while the land still has value because they will have little bargaining power once people realize that the Three Amigos have rendered the land valueless for a school.
Finally, just who do they think they are in saying they can’t lease their land to a third party? Westminster better be looking over their shoulders and get lawyered up, because das fuhrer Stanczyk will be sending the code storm troopers over to their school to shut down the aquakids swim program.
Palmetto Bay was once a family zone, the village of parks. Now it is the village of blackened heart.
I hope Mayor Stanczyk plays nice on the shed issues and does not blame her predecessors. Oops, spoke too soon, here come the soapbox letters written for the special interest group CCOCI members to sign and submit, blaming everyone else. Read it for yourself, an article online: Village Council Considers Streamlining Shed Compliance
http://www.palmettobay-fl.gov/sites/all/files/pdf/Mayor-CouncilCommunications/ShelleyShedsLong012109.pdf
by Councilwoman Shelley Stanczyk, Village of Palmetto Bay – District 3, Jan. 21, 2009. This is squarely on her shoulders. She wrote both the article and the ordinance. It is hysterical that she failed to take advantage of her own program. The only ignorance she can claim is organic in nature.
The nut is starting to break from its shell.
Ahh SDM Mr Singer only showed one property last night! The first crack on who you may be just happened!
I actually analyzed three properties. Two that are existing, a church and school which were handed to the council in a packet and one illustration on a 2.5 acre piece of land on a poster board. It would have been nice to finish my presentation without interuptions from the Council.
In any event, if a major hurricane hits the Village there are very few Churches and Schools that would have any opportunity to rebuild in the City.
Anyway my guess for SDM is Eve Boutsis. She seems way to bright to be either Shelley, Joan’s or Brian’s lackey. Unfortunately, from the legal bills I’ve reviewed she makes way to much money on the Village litigation to call it quits.
In school year 1971-72 I was a student at Alexander Montesori school on 67 ave across from the power plant. Later I was taught to scuba dive in the Alexander Montesori School pool. The class was held on Saturday mornings with class time in the class rooms and water time in the pool. I am sure my instructor paid the school for the use of its facilities. Now this will not be allowed. The year by the way was 1975.
Later when I worked very hard to get Palmetto Bay incorporated I was challenged by James McGhee Sr. as to wether the incorporation was the best thing for this community. I responded that it was my opinion that it was.
I now have my doubts. Come November I hope that we will see change.
Is anyone planning a candidates’ debate? If not why not? Why not Christ Fellowship, OCPC, the Palmetto Bay Village Voice, or Village Hall?
Candidate Forum this Thursday at the Palmetto Bay Business Association at noon. Candidate Forum on Thursday, October 18th at 7PM sponsored by the Palmetto Bay Village Voice in the Palm Room at the PBVillage Center.
This week’s candidate forum is not a debate. You will learn nothing new about the candidates. Jim Azaiza has challenged Tim Schaffer and Howard Tendrich to a real debate. So far Tim has responded but is still thinking about. Howard hasn’t said a peep. That should tell you a lot about these two guys. They have nothing to say and are afraid everyone will find out. Shame on both of you Howard and Tim.
shame on you David. It is a “setup” and you know it.
It’s only a set up if Tim and Howard don’t want to debate. Well looks like there not going to. I wouldn’t either if I had nothing to say. Unlike you, I am not ashamed to let people know who I am and state my views. I see that you are hiding under SDM’s cover of anonymous. Probably a good idea.
You can’t write a script for a reality TV show better than this. PS: Mr. Zisman, I wasn’t there but why should the Mayor’s shed be treated any differently than any one else’s. Congratulations to you! Who knows, perhaps that’s were all the bodies are buried. Or it’s where Mr, Mayor sleeps hanging upside down. Maybe the zoning inspector should take a look.
For God sakes don’t look in the Mayor’s shed. That is the real final resting place for Jimmy Hoffa.
I could be wrong, but I’ve run my analysis by two attorneys who agree with me.
Dear Councilwoman Lindsay,
Once again I was given misinformation at Monday night’s Council meeting. Below please find the current code for the Village of Palmetto Bay. Specifically, (E) of the present code. This item is not included in the NPO. (E) permits parking on the setback from 25 feet to 75 feet which your current NPO does not permit. I am beginning to have the feeling that our present council doesn’t either know what they are talking about or purposely lying at Council meetings. It would be nice if you could tell me which it is. I would assume an another apology will be forthcoming.
One additional fact is that this code was written in October 2007 after the majority of Churches and Schools were built and operating in the Village.
(a)Buildings for public assemblage shall mean all buildings or other structures or any part thereof, which provide occupancy for more than 50 persons to assemble in one room as an auditorium, religious facility, club, school, theater, night club, amusement park and similar occupancies. Buildings for public assemblage shall exclude hotels, motels and apartments.
(b)Buildings for public assemblage may be located or placed in all districts.
(c)Buildings used for public assemblage located in office/residential, business or mixed-use districts may be permitted with the same yard requirements and setbacks as required of the office, business and mixed-use buildings legally allowed in these districts.
(d)The building for public assemblage shall comply with the applicable district regulations and the following additional requirements:
(1)No building for public assemblage shall be located closer than 25 feet from any property line which abuts a public highway or alley, or closer than 50 feet from any property line abutting or adjacent to another lot or closer than 75 feet from an existing residential building, whichever is further.
(2)In E-1, E-1C and E-2 Districts, where the setback from the front building line is greater than the minimum specified by this section, buildings for public assemblage shall set back at least the minimum distance of 50 feet from the front property line.
(3)No building for public assemblage in E-M, EUS, E-1, E-1C, and E-2 Districts shall be closer than 75 feet from any property line abutting a lot under ownership other than that on which the structure is to be placed.
(e)Ample parking facilities for buildings for public assemblage shall be provided off of rights-of-way. Parking facilities for a building of public assemblage in a residential district may be permitted in the same district with the religious facility, school or other buildings used for noncommercial purposes, provided no parking lot or special parking area is closer than 25 feet from any residential property and shall comply with the parking requirements found at division 30-70, of this Code.
(Ord. No. 07-31, § 1, 10-1-2007)
SDM Mr. Singer obtained a copy of the Village insurance policy and there is no coverage for the Palmer litigation. A policy expert reviewed it.
SDM is shocked…not. Has Mr. Singer caught some village officials violating the following provision of the charter:
Truth in Government. No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public. Sec. A(2), VPB Citizens’ Bill of Rights.
This is the language directly out of Palmetto Bay insurance policy…….
Exclusion X. on page 11 of the policy ready as follows:
to any liability for fines, punitive or exemplary damages; or any non compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, antidiscrimination, or racketeer influence and corrupt organization (RICO) laws
This is what Palmer is suing about………
But the civil rights case pending against the village seeks to recover all those anyway,” said school attorney Stanley Price
This is what my insurance broker explained to me………
If this is an alleged civil rights violation per state or federal law, my take is that any portion of the suit that pertains to fines or punitive damages (or other non compensatory damages) would be excluded.
Put it all together and what do you get…… NO COVERAGE.
First, as a taxpayer, that sucks if you are right. SDM would be reassured if someone in authority would confirm your reading. With respect, SDM is going to hope your reading is wrong.
Second, if your reading is correct, that also sucks because that would mean the people we entrust with protecting the village’s resources have screwed up and/or misled the public.
SDM will hope that any judgment against the village for damages, including attorney’s fees and costs, will not be a huge burden on taxpayers. Otherwise, the council should resign en masse.
Ah ha! Thank you Mr. Singer for taking my suggestion to obtain the insurance policy and have it reviewed by an expert. I think that the next step would be a well-written letter to the Herald’s Soapbox & Grant Miller so this information is made more public thus forcing the Village to explain/defend it’s statements. Good work!