I recently received a Village of
Palmetto Bay Public Hearing notice for a February 25th
meeting Usually, I toss these in the trash, but this one caught
my eye because it relates to Coral Reef Park's tennis courts.
The Village has set up a Public Hearing to address revisions to the master
plan of the park to include two new batting cages, replacement of tennis
court lighting and the addition of benched seating areas.
A little research reveals that the
Neighborhood Protection Ordinance (NPO,) passed by the Mayor and council in
November, or thereabouts, prohibits
the tennis court lighting to be replaced at their current height.
To meet the requirements of their own ordinance the Village must
reduce the height of the new light poles for a cost that is budgeted at
whopping $250,000. Or they can just take the easy way out and exempt
themselves from the rules that they demanded be in place to protect the
residential character of the Village.
Best I can tell, the Village is not
asking for a one-time variance for this park update, but to exclude the park
completely from the new NPO in perpetuity. They are attempting to do at
tonight's council meeting - see Item 12C on their posted agenda.
The last council's main thrust -
spearheaded by Joan Lindsey, backed by Mayor Shelly Stanczyk and their ousted
pal Brian Pariser - consumed over six months, hundreds of man hours and
thousands of dollars of taxpayer's money working to pass their magnum opus of
activist government: the Neighborhood Protection Ordinance. This
was all done, as we were told, to protect the residents of Palmetto Bay from
the ills (light pollution, noise pollution, traffic, garbage collection,
etc.) associated with activities that occur on large parcels of land in
residential areas that are not residentially zoned. They
claimed repeatedly that they were not targeting churches and schools.
And if the Village is successful in excluding Coral Reef Park and the
other parks from the NPO, what properties does the NPO regulate?
The answer remains the same: Churches and Schools -- the same Churches and
Schools that the Ms. Stanczyk and Councilperson Lindsay have been out to
punish since their Palmer Trinity litigation defeat.
The true tragedy of this situation is
the shamelessness on display by certain council members. The last
council created the crippling NPO targeting large parcels of land and was
able to craft ballot language which was opposite of the NPO's true
discriminatory intent. This resluted in easy voter
passage. Proponents on and off the council have touted that the
NPO was passed by a substantial voter margin -- a sure sign of rock-solid
backing by the public. But now that the Village finds itself to be
subject to the parameters it has created for others, they can't stand the
overbearing regulation. So they plan to rewrite the rules only for themselves.
One or two or three or four or all
five of the council should do the honorable thing and speak out at length
against this deceptive dishonorable banana-republic-style action.
Someone up there on the council needs to make the plea and decry the utter
duplicity and unfaithfulness to the public trust. Maybe it will be Mr.
Fiore -- he has shown to be a minority voice on the right side of issues time
and time again. Or Mr. Dubois who has demonstrated himself in short
order to be a sensible breath of fresh air. Or maybe Mr. Shaffer has
this opportunity to cement his reputation of a man of honor early on.
But it would be best if it was all three. Three votes to two.
What is at stake is a basic ethic
and American value: the law must be applied uniformly. All large parcels of
land must be subject to the rule of law or there must be relief uniformly
applied to all affected parties. If the Village gets exempt, so should
the Churches and Schools. If not the Churches and Schools, then not the
Village either. This attempt at preferential treatment smacks of
discrimination. How many times had we heard from the prior council that
the 'rule of law' must be followed without exception? Make no exception
here, ladies and gentlemen of the council. May the rule of law be
applied uniformly -- no exemption for the Village without equal protection
under the law for all other affected properties whether private or public. An
American bedrock principle -- be sure to stand by it.
Co-Written by David Singer and
Douglas Zargham.
|
Monday, February 4, 2013
The Neighborhood Protection Ordinance Misdirection
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment