PB: November 5th Agenda Quick Bites
by SDM
Conflict of Interest Alert
Palmetto Bay is so concerned about conflicts-of-interest that it is proposing an ordinance to regulate sponsorships at village events. Here is the language that will be applied to future sponsors if the ordinance on the November 5th agenda passes:
In determining the appropriateness of a potential sponsorship relationship, the Village shall consider whether the relationship may undermine public confidence in the Village’s impartiality in the transaction and/or whether it may interfere with the efficient delivery of Village services or operations, including, but not limited to current or potential conflicts of interest between the sponsor and the Village and/or the sponsor and any of the Village’s employees, officials or affiliates. Item 12A. (Emphasis added by SDM.)
Too bad this provision wasn’t in place before the Village’s ten-year anniversary celebration. One “supporter” of Mayor Stanczyk’s mini-prom was a company called Kimley-Horn and Associates, an engineering firm that has received multiple contracts from the village over the years. Coincidentally – or maybe not – only a little over a month after the big shindig, Kimley-Horn is being recommended for a contract worth almost $80,000!
SDM Wonders: Does the contract have built-in fluff to cover the cost of the tickets to the Mayor’s coming-out party? Who solicited Kimley-Horn? Was Kimley-Horn threatened that it would not get the contract unless it sponsored the event?
$44,000/month for legal fees? Mystery solved
If you ever sat around wondering why the Village’s legal fees are so high, SDM found your answer in Agenda Item 7A, the Village Attorney’s report. Witness some of the silly and dangerous matters occupying your lawyers’ time:
An ordinance amending section 2-49 of the Village’s Code of Ordinances, relating to Village Council meeting procedures – requiring the silencing of all electronic devices during council meetings by audience, staff, and council; and providing for the Police Commander to act as “Sergeant at Arms”… (Sponsored by Mayor Shelley Stanczyk).
[The Village needs an ordinance for this? Once upon a time, strong managers controlled their chambers. Apparently, Palmetto Bay's Manager needs an ordinance to manage cell phones.]
An ordinance relating to RLUIPA [Religious Land Use and Institutionalized Persons Act - federal statute], review procedures to require an administrative review process of any allegation of violation of RLUIPA, through a quasi-judicial hearing process, prior to file of a lawsuit relating to same. Proposed for a future first reading
[Just when SDM thought the litigation pipeline might be emptying a little, Palmetto Bay wants to open up the spigot. So the first level of challenge under RLUIPA will be whether the Village can graft an administrative procedure onto a federal statute? Why not? Palmetto Bay loves being on the cutting edge of municipal litigation so long as we fools pay for it.]
Shores at Palmetto Bay LLC v. Village of Palmetto Bay. Appellate action (certiorari petition filed) after denial of application by the Village Council on December 12, 2012. … The Village filed its answer brief on February 27, 2012. The reply brief has been filed. Parties awaiting order of court as to Oral Argument.
[As a taxpayer, SDM hopes the Village wins this lawsuit. If they don't, however, voters must hold Mayor Stanczyk and her cronies accountable.]
Recall Palmetto Bay PAC v. Village of Palmetto Bay, Case no.: 12-33876 CA 02. … No advertising allowed in Village event or publications. However, the site, Palmetto Bay Village Center, with consent of property owner, could provide a “booth” for Recall group, consistent with First Amendment law, including Parkland Republican Club v. City of Parkland, 268 F. Supp. 2d 1349 (S.D. Fla. 2003). Village filed a motion to dismiss on the remaining count on September 17, 2012. (Emphasis added by SDM.)
[Again, SDM hopes Palmetto Bay prevails but SDM can't help but wonder why we were given the impression that the Recall lawsuit was resolved. It sure sounds like this lawsuit is still alive.]
SDM Wonders: How can a Village like Palmetto Bay continue to afford legal bills of this magnitude month after month? What will the candidates do to stop the bleeding?
The council wants to make sure no gun shops, porn shops or recall PACs can become sponsors of village functions. As for Ms. Boutsis churning her files, the Florida Bar has jurisdiction to review her billing practices and any concerned citizen may file a complaint. Visit http://www.flabar.com for more info.
I spent a little time over the last couple of days at Coral Reef Library observing the lunacy at Dade County’s busiest early voting location. My recommendation is that you DO NOT go to Coral Reef Library for early voting – it has the longest wait time of any polling facility in Dade County. The average wait time has been three hours, which is an hour or two longer than any other early voting location in the county.
I would recommend that you cast your early ballot at the Kendall Branch Library at 9101 SW 97th Avenue – it’s an extra 10-minute drive but definitely worth the time. I suggest that you go to an alternate location so you won’t be accosted by the zealots who are trying to convince you to vote for all of the Palmetto Bay Charter Amendments they are trying to pass.
In my opinion, and once again it’s my opinion, I would recommend you vote “NO” on every single Palmetto Bay Charter Amendment – especially the Neighborhood Protection Charter Amendment which really should be called the “Property Rights Reduction Act.” It has all the elements necessary to bring more land-rights litigation to our Village and restrict freedoms.
Observing the antics of Charter Supporters at Coral Reef Library was reminiscent of cabdrivers in Caribbean cruise ports overwhelming tourists demanding to drive them to the closest t-shirt shop. It was a little disconcerting to see citizens of our Village acting that way.
It has been reported that Jerry Templer, Councilwoman Joan Lindsay’s husband, has had the Miami-Dade police called on him twice in four days, once for physically abusing an opponent’s political sign (kicking and punching it, to be exact,) and once for a verbal confrontation with Councilmember Patrick Fiore. Patrick did the appropriate thing and walked away from Jerry three or four times before, he had no choice but to summon the police for his own protection. It’s nice to see that at least one of our Councilmembers has a little class and decorum.
Speaking of class and decorum, or lack thereof, apparently the Mayor has been seen and photographed wearing the official seal of the Village of Palmetto Bay while canvassing at Coral Reef Library polling location. Apparently, this is a big “no-no.” Rumor has it that a complaint is in the works to be filed with the ethics board.
While this might seem to be a petty reason to file a complaint, the Mayor has repeatedly claimed the high-ground on ethics. In the generally accepted definition of ethics, there is no wiggle-room. Maybe the Mayor has her own definition. Apparently there are rules against an elected official publicly campaigning for an issue as an official representative of the government.
Also troubling is that the Mayor has admonished citizens at public hearings for wearing emblems on their shirts. The people she admonished were wearing shirts that represented groups that she had, at times, been politically at odds. So certainly, she is aware of the power of institutional association. Maybe she should brush up on the definition of rules of ethics as Mayor.
So remember, the titles of the Charter Amendments do not reflect their content. I suggest that you know the issues, use your judgment and find an alternate polling location to save time and avoid the Palmetto Bay circus. Maybe if we all vote intelligently, the circus will become the fading memory of an insignificant sideshow and we can move towards a productive harmonious future.
I would propose a Moritorium on meetings and a Moritorium on New Rules and Regulations. At the rate this Council keeps adding new laws, we are going to need at least one new employee a year just to keep track of what the books say…not to mention the attorney’s fees. Oh my! PB politics has become disgusting! On another note, I was heartened by the young families and teens that visited my door last night for Halloween. They were all happy and excited to be participating in a community wide event. That is what we should be proposing in this town…building community, not regulating it!
On Flew Over the Crazy Precinct also known as Coral Reef.
Early Voting sounds like a good idea and should have been. The idea was to lessen the waiting time on voting by having as many voters vote in advance. The end result is those voters who want to save time, have been subjected to 3 to 4 hour waiting times while being harassed by Mayor Stanczyk, Councilwoman Joan Lindsay, and [deleted] Jerry Templer and many others.
The unethical campaign practices used by the supporters of Brian and Tim are truly amazing. Jerry Templer, husband of Councilwoman Joan Lindsay waits at the back of the line while unsuspecting voters get in line behind him. Jerry then turns and starts a friendly conversation about the NPO and how Vice Mayor Brian Pariser and unknown Council candidate Tim Schaffer are the only candidates supporting the NPO.
This is just a small part of the unethical behavior used by the Brian, Tim and their supporters.
What ever you do, don’t early vote at the 152st Library. Go to another location.
This message approved by “People with Common Sense.”
The activities of Mayor Stancyck and Mr. Templar, if improper or illegal, need to reported to the authorities….merely detailing the activities on this blog is not going to stop them.
SDM understands a report was made to the authorities so Mr. Templer may be joining the dishonor role soon. We shall see.