The pictures tell the story. We are getting close to the permanent Station 62 being completed and opening to serve our community. This has been a very long process that has involved so many members of our community.
The Right of Way permit was finally resolved and construction/completion of the driveway took place during the week of September 23-28, 2019.
PRIOR RELATED POSTS - CLICK HERE to view prior posts documenting the efforts and the progress of life safety in Palmetto Bay. There are more than a dozen articles related to this topic. There is a photo archive and background on the history of the fire station issues.
I look forward to the grand opening!
Eugene Flinn
South Dade Updates. My best method for keeping everyone up to date on important matters affecting our community.
Saturday, September 28, 2019
Thursday, September 26, 2019
Palmetto Bay responds with its hard-hitting discovery requests served upon the Petitioner LUXCOM. Update on Administrative action filed by Petitioner, YACHT CLUB BY LUXCOM, LLC. Two discovery demands filed Thursday, September 26, 2019. Read the details.
Interesting reading. You can start to get a feel for how this case will be litigation before the Administrative Law Judge come December. The Attorneys for the Village of Palmetto Bay served the Petitioner, LUXCOM, with the following requests for discovery on Thursday, September 26, 2019:
1. The Respondents' First Request for Production to Petitioner (13 pages, 53 numbered requests, beginning page 6 of the document. CLICK HERE to view the complete Request as filed)
2. The Respondents' Notice of Service of First Set of Interrogatories to Petitioner. Note that only the notice of service is filed, the actual Interrogatories are not required to be filed (CLICK HERE to view the complete 2 page notice as filed)
MORE INFO - Research source, See: Florida Rules of Civil Procedure, RULE 1.350 PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES (CLICK HERE for an online reference)
MORE INFO - Research source, See: Florida Rules of Civil Procedure, RULE 1.340 INTERROGATORIES TO PARTIES (CLICK HERE for an online reference)
Some explanation as to the impact of what was filed/served:
What are Interrogatories? These are written questions that are served upon the opposing parties and must be answered under oath. There is a 30 question limits per Interrogatory request and standard forms must be used when such approved standard forms exist.
EDITOR’S NOTE: There are no standard Interrogatory forms for this type of case.
What are Requests for Production of Documents? Written requests that are served upon the opposing parties seeking examination of documents, or allowing for copies of written documents, emails, photos and similar items related to the case and may be used at trial or for follow up discovery.
A party must respond in good faith – courts frown upon “gamesmanship” an attempt to avoid discovery. Motions filed to address gamesmanship may include (but are not limited to): Motions to Compel, to compel better/more complete answers, or even for sanctions if prior discovery orders of the Court are not properly complied with. The Court will sometimes enter sanctions ranging from reimbursement of attorney’s fees to more severe sanctions that could include the striking of pleadings and/or dismissal of the action.
There are some recognized “general objections” that include alleging that the discovery requests are:
1) overbroad;
2) overly burdensome;
3) not relevant nor likely to lead to the discovery of admissible evidence;
4) not appropriately limited in time; and
5) seek information protected by the attorney client and/or work product privilege
Documents requested may not be in possession of a party against whom the request is made.
There is a requirement that a party claiming protection of “Privilege” to prepare and file a ‘Privilege log” that properly identifies the documents sought to be protected from disclosure. This aids the court in determining whether the documents are in fact privileged and protected or must be disclosed.
CLICK HERE to view PRIOR RELATED POSTS regarding this LUXCOM administrative proceeding before DOAH.
SPECIAL NOTE: Palmetto Bay officials have continued to not to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of 9:00 PM, Thursday, 9/26/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. Many of the documents from the prior administrations have been removed from public access online. If DOAH can post these (and many other) documents online, why can’t Palmetto Bay?
Eugene Flinn
1. The Respondents' First Request for Production to Petitioner (13 pages, 53 numbered requests, beginning page 6 of the document. CLICK HERE to view the complete Request as filed)
2. The Respondents' Notice of Service of First Set of Interrogatories to Petitioner. Note that only the notice of service is filed, the actual Interrogatories are not required to be filed (CLICK HERE to view the complete 2 page notice as filed)
MORE INFO - Research source, See: Florida Rules of Civil Procedure, RULE 1.350 PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES (CLICK HERE for an online reference)
MORE INFO - Research source, See: Florida Rules of Civil Procedure, RULE 1.340 INTERROGATORIES TO PARTIES (CLICK HERE for an online reference)
Some explanation as to the impact of what was filed/served:
What are Interrogatories? These are written questions that are served upon the opposing parties and must be answered under oath. There is a 30 question limits per Interrogatory request and standard forms must be used when such approved standard forms exist.
EDITOR’S NOTE: There are no standard Interrogatory forms for this type of case.
What are Requests for Production of Documents? Written requests that are served upon the opposing parties seeking examination of documents, or allowing for copies of written documents, emails, photos and similar items related to the case and may be used at trial or for follow up discovery.
A party must respond in good faith – courts frown upon “gamesmanship” an attempt to avoid discovery. Motions filed to address gamesmanship may include (but are not limited to): Motions to Compel, to compel better/more complete answers, or even for sanctions if prior discovery orders of the Court are not properly complied with. The Court will sometimes enter sanctions ranging from reimbursement of attorney’s fees to more severe sanctions that could include the striking of pleadings and/or dismissal of the action.
There are some recognized “general objections” that include alleging that the discovery requests are:
1) overbroad;
2) overly burdensome;
3) not relevant nor likely to lead to the discovery of admissible evidence;
4) not appropriately limited in time; and
5) seek information protected by the attorney client and/or work product privilege
Documents requested may not be in possession of a party against whom the request is made.
There is a requirement that a party claiming protection of “Privilege” to prepare and file a ‘Privilege log” that properly identifies the documents sought to be protected from disclosure. This aids the court in determining whether the documents are in fact privileged and protected or must be disclosed.
SPECIAL NOTE: Palmetto Bay officials have continued to not to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of 9:00 PM, Thursday, 9/26/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. Many of the documents from the prior administrations have been removed from public access online. If DOAH can post these (and many other) documents online, why can’t Palmetto Bay?
Eugene Flinn
Wednesday, September 25, 2019
How Cycling helps the environment.
Canadian Eco-promotion for bike riding. It's healthy as exercise. It's healthy for everyone as cycling is non-emission travel/sport.
Tuesday, September 24, 2019
Pre-Hearing order rendered 9/24/2019. Detailed order providing guidance for procedure and court imposed deadlines. Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom.
The case is heating up and is presently heading toward discovery and a final hearing. The Honorable Francine M. Ffolkes, Administrative Law Judge, rendered an ORDER OF PRE-HEARING INSTRUCTIONS posted to the DOAH docket on Tuesday, September 24, 2019. Please note that this order does not set the actual date or the location of the Final Hearing. The Order setting date, time and location was set in a separate order also filed 9/24/2019.
Resolution session. The parties shall meet within 15 days of the date of this Order in an effort to amicably resolve this cause.
Discovery. Including the order that "Discovery should be commenced immediately."
Witness disclosure. Including the order that "All witnesses, including expert witnesses, shall be disclosed no later than 40 days prior to the date of the final hearing. The witnesses shall be identified by name, address, and field of expertise, if any.
Attorneys' conference.
(a) Counsel for all parties shall meet no later than 15 days prior to the date of the final hearing, and shall:
(i) Discuss the possibility of settlement;
(ii) Stipulate to as many facts and issues as possible;
(iii) Prepare the pre-hearing stipulation as required by this Order;
(iv) Examine all exhibits that are expected to be offered into evidence at the hearing;
(v) Furnish opposing counsel the names and addresses of all witnesses that are expected to be called at the hearing; and
(vi) Complete all other matters which may expedite the hearing in this cause.
(b) Counsel for the Village of Palmetto Bay Council and Village of Palmetto Bay shall initiate arrangements for the attorneys' conference. However, all counsel are charged with the duty of meeting and of complying with the requirements of this Order.
Again, this is a comprehensive order. Please CLICK HERE to view the actual six (6) page order to review all the details of what this order covers.
CLICK HERE to view PRIOR RELATED POSTS regarding this LUXCOM administrative proceeding before DOAH.
SPECIAL NOTE: Palmetto Bay officials have continued to not to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of 3:00 PM, Tuesday, 9/24/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. Many of the documents from the prior administrations have been removed from public access online. If DOAH can post these (and many other) documents online, why can’t Palmetto Bay?
Eugene Flinn
Final Hearing set as follows:
WHEN: December 18 through 20, 2019, at
9:00 a.m
WHERE: Palmetto
Bay Village Hall, Second Floor, Ron E. Williams Training Room, 9705 East
Hibiscus Street, Palmetto Bay, Florida
ISSUE: Whether Ordinance 2019-17
adopted by the Village of Palmetto Bay on July 30, 2019, is "in
compliance" within the meaning of section 163.3184, Florida Statutes.
AUTHORITY: Chapter 120, Florida Statutes; and Florida Administrative Code Chapter 28-106, Parts I and II.
The Order of Pre-hearing Instructions is a comprehensive order providing discovery, notice and deadline requirements. Please CLICK HERE to view the actual six (6) page order. This order provides for the following (as well as much more detail, so you need to read the full order to see):
AUTHORITY: Chapter 120, Florida Statutes; and Florida Administrative Code Chapter 28-106, Parts I and II.
The Order of Pre-hearing Instructions is a comprehensive order providing discovery, notice and deadline requirements. Please CLICK HERE to view the actual six (6) page order. This order provides for the following (as well as much more detail, so you need to read the full order to see):
Resolution session. The parties shall meet within 15 days of the date of this Order in an effort to amicably resolve this cause.
Discovery. Including the order that "Discovery should be commenced immediately."
Witness disclosure. Including the order that "All witnesses, including expert witnesses, shall be disclosed no later than 40 days prior to the date of the final hearing. The witnesses shall be identified by name, address, and field of expertise, if any.
Attorneys' conference.
(a) Counsel for all parties shall meet no later than 15 days prior to the date of the final hearing, and shall:
(i) Discuss the possibility of settlement;
(ii) Stipulate to as many facts and issues as possible;
(iii) Prepare the pre-hearing stipulation as required by this Order;
(iv) Examine all exhibits that are expected to be offered into evidence at the hearing;
(v) Furnish opposing counsel the names and addresses of all witnesses that are expected to be called at the hearing; and
(vi) Complete all other matters which may expedite the hearing in this cause.
(b) Counsel for the Village of Palmetto Bay Council and Village of Palmetto Bay shall initiate arrangements for the attorneys' conference. However, all counsel are charged with the duty of meeting and of complying with the requirements of this Order.
Again, this is a comprehensive order. Please CLICK HERE to view the actual six (6) page order to review all the details of what this order covers.
CLICK HERE to view PRIOR RELATED POSTS regarding this LUXCOM administrative proceeding before DOAH.
SPECIAL NOTE: Palmetto Bay officials have continued to not to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of 3:00 PM, Tuesday, 9/24/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. Many of the documents from the prior administrations have been removed from public access online. If DOAH can post these (and many other) documents online, why can’t Palmetto Bay?
Eugene Flinn
Wednesday, September 18, 2019
The Administrative action filed by Petitioner, YACHT CLUB BY LUXCOM, LLC, is beginning to heat up. Wednesday, September 18, 2019, was a very busy day for the DOAH docket as Petitioner responds to the filing by Palmetto Bay and serves its initial discovery request upon the Village.
The Petitioner (YACHT CLUB BY LUXCOM, LLC) filed a Reply (CLICK HERE to view) to the filing of the Village, the Amended Response to the Initial Order dated September 6, 2019, indicating that:
FIRST REQUEST FOR DISCOVERY FILED BY LUXCOM.
A comprehensive discovery request for production was served upon the Village by Luxcom. CLICK HERE to view this document and read it for yourself. The Village has a time frame of 30 days to file its initial objections or provide documents requested. The Village may request an extension of time to respond.
Examples of the discovery requests (35 numbered paragraphs) include:
1. All data considered and/or analyzed in any way by the Village relating to Objective LU-12 in Miami-Dade County’s Comprehensive Development Master Plan (“CDMP”), in connection with the enactment of Ordinance No. 2019-17.1
*** *** ****
6. All data considered and/or analyzed in any way by the Village relating to the discouragement of urban sprawl factor set forth in Fla. Stat. §163.3177(6)(a).2.h,5 in connection with the enactment of Ordinance No. 2019-17.
*** *** ****
9. All data considered and/or analyzed in any way by the Village relating to Goal 6 in the Strategic Regional Policy Plan For South Florida (“SRPP”) in connection with the enactment of Ordinance No. 2019-17.8
*** *** ****
21. All correspondence, memoranda, letters, notes, e-mails, text messages, electronic communications or other like documents sent to CGA by any of the following: (i) Mayor Karyn Cunningham; (ii) Vice-Mayor John DuBois; (iii) Council Member Patrick Fiore; (iv) Council Member David Singer; (v) Council Member Marsha Matson; (vi) Village Interim Planning & Zoning Director, Mark Alvarez; (vii) Village Attorney, Dexter Lehtinen, Esquire; (viii) Village Manager, Edward Silva; (ix) Village Clerk, Missy Arocha, and/or (x) any other employee(s) or agent(s) of any kind of the Village, whether on such individuals’ Village issued computers, phones or any other communication devices or on such individuals personal computers, phones, or any other communication devices concerning, mentioning or relating in any way to:
(i) The Property;
(ii) Luxcom;
(iii) All activities, communications and proceedings relating in any way to the enactment of Ordinance No. 2019-17;
(iv) The CGA Report; and
(v) All Staff Reports, Staff Memorandums, and Staff Analysis relating to the Property and Ordinance No. 2019-17.
______________________________________________
It is unknown whether the Village will respond by serving Luxcom with a request for discovery.
Luxcom has not tipped their hand on how far their discovery will go. However, other discovery may follow, including depositions of participants, most likely the Interim Planning Director Mark Alvarez.
This ends my review of the DOAH docket as of Wednesday, September 18, 2019. I will update as relevant events occur.
CLICK HERE to view Prior Related Posts.
SPECIAL NOTE: Palmetto Bay officials have apparently chosen not to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of Wednesday, 9/18/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. Many of the documents from the prior administrations have been removed from public access online.
Eugene Flinn
1. Petitioner objects to the final hearing being scheduled to take place on any of the Village’s facilities as suggested in Paragraph #2.a of Respondents’ Amended Response. Petitioner and Respondents have adverse interests and the final hearing must be held by an Administrative Law Judge in a fair and neutral location. Conducting the final hearing anywhere within the Village clearly is not such a location.
2. In terms of Respondents’ request that the final hearing be scheduled to take place within forty (40) to seventy (70) days from the date of the Initial Order, such a time frame is neither reasonable or realistic given the discovery Petitioner must take prior to the hearing including both written discovery and depositions. Petitioner has the right to conduct such discovery pursuant to 28-106.206 of the Florida Administrative Code.In its concluding paragraphs, Luxcom, (YACHT CLUB BY LUXCOM, LLC), through their council, reiterated its request as set forth in its Response to the Initial Order that the final hearing be scheduled to take place on either February 19-21, 2020 or February 26-28, 2020.
FIRST REQUEST FOR DISCOVERY FILED BY LUXCOM.
A comprehensive discovery request for production was served upon the Village by Luxcom. CLICK HERE to view this document and read it for yourself. The Village has a time frame of 30 days to file its initial objections or provide documents requested. The Village may request an extension of time to respond.
Examples of the discovery requests (35 numbered paragraphs) include:
1. All data considered and/or analyzed in any way by the Village relating to Objective LU-12 in Miami-Dade County’s Comprehensive Development Master Plan (“CDMP”), in connection with the enactment of Ordinance No. 2019-17.1
*** *** ****
6. All data considered and/or analyzed in any way by the Village relating to the discouragement of urban sprawl factor set forth in Fla. Stat. §163.3177(6)(a).2.h,5 in connection with the enactment of Ordinance No. 2019-17.
*** *** ****
9. All data considered and/or analyzed in any way by the Village relating to Goal 6 in the Strategic Regional Policy Plan For South Florida (“SRPP”) in connection with the enactment of Ordinance No. 2019-17.8
*** *** ****
21. All correspondence, memoranda, letters, notes, e-mails, text messages, electronic communications or other like documents sent to CGA by any of the following: (i) Mayor Karyn Cunningham; (ii) Vice-Mayor John DuBois; (iii) Council Member Patrick Fiore; (iv) Council Member David Singer; (v) Council Member Marsha Matson; (vi) Village Interim Planning & Zoning Director, Mark Alvarez; (vii) Village Attorney, Dexter Lehtinen, Esquire; (viii) Village Manager, Edward Silva; (ix) Village Clerk, Missy Arocha, and/or (x) any other employee(s) or agent(s) of any kind of the Village, whether on such individuals’ Village issued computers, phones or any other communication devices or on such individuals personal computers, phones, or any other communication devices concerning, mentioning or relating in any way to:
(i) The Property;
(ii) Luxcom;
(iii) All activities, communications and proceedings relating in any way to the enactment of Ordinance No. 2019-17;
(iv) The CGA Report; and
(v) All Staff Reports, Staff Memorandums, and Staff Analysis relating to the Property and Ordinance No. 2019-17.
______________________________________________
It is unknown whether the Village will respond by serving Luxcom with a request for discovery.
Luxcom has not tipped their hand on how far their discovery will go. However, other discovery may follow, including depositions of participants, most likely the Interim Planning Director Mark Alvarez.
This ends my review of the DOAH docket as of Wednesday, September 18, 2019. I will update as relevant events occur.
CLICK HERE to view Prior Related Posts.
SPECIAL NOTE: Palmetto Bay officials have apparently chosen not to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of Wednesday, 9/18/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. Many of the documents from the prior administrations have been removed from public access online.
Eugene Flinn
PALMETTO BAY FILES ITS RESPONSE TO INITIAL ORDER. Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom.
CLICK HERE to review the actual filing entitled: “RESPONDENTS VILLAGE OF PALMETTO BAY COUNCIL AND VILLAGE OF PALMETTO BAY’S AMENDED RESPONSE TO INITIAL ORDER” (e-filed at 1:07 PM, on Wednesday, September 18, 2019). Counsel for Palmetto Bay takes issue with the claim of Luxcom Counsel, that they were non-responsive. Other than that, the document states that the Palmetto Bay Village Council and the Village of Palmetto Bay agree with Petitioner’s report, except in two respects:
CLICK HERE to view Prior Related Posts.
Eugene Flinn
a. The final hearing in this matter should be held in the general vicinity of the property at issue, i.e., in South Dade. The Village has facilities where such hearing can be conducted with the least cost to taxpayers. The sole reason why Petitioner requested a hearing in North Miami-Dade County is because Petitioner’s counsel’s office is in Fort Lauderdale, Broward County. That is not a proper reason for a North Dade hearing.
b. The hearing should take place within 40 to 70 days according to applicable Rules. Within those days, Respondent’s counsel is not available from October 25 to November 11, due to a confirmed trial schedule and due to pre-paid professional travel abroad.IMPACT – Marginal – no contest to the Petition (at least as of this date). This document is asserting that the proceedings (if any are to be held) should be held in or near Palmetto Bay, Florida.
CLICK HERE to view Prior Related Posts.
Eugene Flinn
Palmetto Bay attorney files Notice of Appearance. Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom.
Just a short note. Counsel for Palmetto Bay filed a Notice of Appearance at 4:08 PM, on Tuesday, September 17, 2019. This filing occurred subsequent to my review and case update posted earlier in the day.
IMPACT: This is a procedural matter wherein the Village Attorney officially notified DOAH and all parties (Luxcom) as to who is representing the Village of Palmetto Bay in this matter. A Notice of Appearance (the action document pictured here) is merely a written document filed with the court to notify it and the opposing party, Luxcom, who is to receive notice of the proceedings.
PRIOR RELATED POSTS - CLICK HERE to view prior posts relating to this DOAH action filed against the Village of Palmetto Bay by the Petitioner, YACHT CLUB BY LUXCOM, LLC.
I will continue to keep you informed of events as they occur and assist in making sense of how this proceeding is moving forward.
Eugene Flinn
IMPACT: This is a procedural matter wherein the Village Attorney officially notified DOAH and all parties (Luxcom) as to who is representing the Village of Palmetto Bay in this matter. A Notice of Appearance (the action document pictured here) is merely a written document filed with the court to notify it and the opposing party, Luxcom, who is to receive notice of the proceedings.
PRIOR RELATED POSTS - CLICK HERE to view prior posts relating to this DOAH action filed against the Village of Palmetto Bay by the Petitioner, YACHT CLUB BY LUXCOM, LLC.
I will continue to keep you informed of events as they occur and assist in making sense of how this proceeding is moving forward.
Eugene Flinn
Tuesday, September 17, 2019
Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom. Petitioner, YACHT CLUB BY LUXCOM, LLC (“Petitioner”), unilaterally filed its response to the DOAH Judge’s Initial Order dated September 6, 2019.
Update on the DOAH Administrative Court action. On September
13, 2019, the Petitioner, YACHT CLUB BY LUXCOM, LLC (“Petitioner”), unilaterally filed its response to the DOAH Judge’s Initial Order dated September 6, 2019. The petitioner advised the Court
(in foot note 1, page 1 that Petitioner
attempted to file a Joint Response by emailing a proposed Joint Response on
September 10, 2019 to the Village’s attorney Dexter Lehtinen, Esquire and to
the Village’s Manager, Edward Silva. However, Petitioner’s counsel did not
receive any response to the proposed Joint Response. Accordingly, Petitioner
has filed its own Response to the Initial Order.)
Opinions stated above are my own.
Eugene Flinn
IMPACT – not much. The response addresses procedural issues which
include:
1. There are no related cases before DOAH;
2. Petitioner estimates that the time necessary to conduct
the final hearing is two (2) to three (3) days;
3. The suggested geographic location for the final hearing
is North Miami-Dade County;
4. Petitioner is available to conduct the hearing during the
month of February, 2020 after discovery is completed. Proposed hearing dates
are: February 19-21, 2020 or February 26-28, 2020.
5. Petitioner is unaware of any need for an ADA accommodation.
Obviously the Petitioner anticipates discovery (as indicated
in #4, above).
There is no assurance that an actual hearing ever takes place, that the Petition is ever actually heard by a DOAH Judge. The DOAH court is not obligated to hear this case. There has been no challenge to the
Jurisdiction of DOAH to hear this issue either filed (yet) by the Village of
Palmetto Bay or any initial consideration of jurisdiction from the DOAH judge.
The DOAH Rules provide as follows (in part):
PART II HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT
28-106.201 Initiation of Proceedings.
* * *
(3) Upon receipt of a petition involving disputed issues of
material fact, the agency shall grant or deny the petition, and if granted
shall, unless otherwise provided by law, refer the matter to the Division of
Administrative Hearings with a request that an administrative law judge be
assigned to conduct the hearing. The request shall be accompanied by a copy of
the petition and a copy of the notice of agency action.
28-106.203 Answer.
A respondent may file an answer to the petition.
(above emphasis added, the respondent MAY, but is not
REQUIRED to file an answer to the petition).
28-106.204 Motions.
* * *
(2) Unless otherwise provided by law, motions to dismiss the
petition or request for hearing shall be filed no later than 20 days after
assignment of the presiding officer, unless the motion is based upon a lack of
jurisdiction or incurable errors in the petition.
See PRIOR RELATED POST of Friday, September 13, 2019, Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom. Initial order rendered. There are links to earlier related posts.
I will continue to be your source for information not being disseminated publicly. This action before DOAH is a publicly noticed and open action, this is not a secret or privileged matter. It can be discussed in public.
Note: Palmetto Bay officials have apparently chosen not to include any information relating to this action (or other recent actions) on the current Village Litigation page of the official village website (at least as of 4:00 PM, Tuesday, 9/17/2019). Posting would be for courtesy, at their own choice, as it is not required.
Opinions stated above are my own.
Eugene Flinn
Monday, September 16, 2019
Photo of the Day - SFWMD - let's step up the maintenance of the C100 canal
A FOSDU sent me a photo of the ooze winding the way down the C100 canal. This photo was taken on Monday, September 16, 2019. Not a 'chamber of commerce day' for anyone wanting to kayak down the waterway.
Is this water safe for swimming?
Are fish caught from this canal safe to eat?
Is this water safe for swimming?
Are fish caught from this canal safe to eat?
Friday, September 13, 2019
Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom. Initial order rendered.
I will update further on more interesting aspects of this DOAH Petition. Here is a procedural update for now:
Update on the Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom – seeking an administrative review of the rezoning of the property commonly referred to as the “FPL Cutler Plant” property, DOAH Case No.: 19-004612GM. Relevant updates are posted below:
For more information, s ee PRIOR RELATED POST of August 29, 2019, Petition filedagainst the Village of Palmetto Bay by Yacht Club By Luxcom – seeking an administrative review of the rezoning of the properly commonly referred to as the “FPL Cutler Plant” property.
Update on the Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom – seeking an administrative review of the rezoning of the property commonly referred to as the “FPL Cutler Plant” property, DOAH Case No.: 19-004612GM. Relevant updates are posted below:
- Case has been assigned to the Honorable FRANCINE M. FFOLKES, Administrative Law Judge, Division of Administrative Hearings (DOAH).
- The initial order was rendered September 6, 2019, (this is a procedural order and provides no insight as to whether DOAH will accept jurisdiction and act on this petition. Village Manager Edward Silva is listed on the counsel page. He is the Village Manager, not Village Attorney.
- There has been no appearance of counsel filed on behalf of the Village of Palmetto Bay. No appearance may be required depending upon any action on this Petition.
- Note, "If all parties agree, this case may proceed as a summary hearing, without discovery, if requested by motion within 15 days from the date of this Order…." - as recited in numbered Paragraph 8 of this order. The 15 days will expire on September 21, 2019.
- CLICK THIS LINK to view this initial order of September 6, 2019 (posted on Google docs). This document is obviously available on the actual DOAH online docket, link is posted immediately below.
- CLICK HERE - DOAH main page - to view the official DOAH docket page (you will have to search the specific case or enter the case number - 19-004612GM - into the quick search box to view the actual DOAH case file).
EDITOR'S NOTE: The Order of September 6, 2019, is merely procedural and provides absolutely no insight into whether DOAH will accept jurisdiction or what, if any, orders or findings may result.
More will follow at a later date.
Eugene Flinn
Monday, September 9, 2019
Stealth tax increases they were hoping you wouldn't notice. New revenue. TAX ALERT
A new tax and without any changes in law - a stealth reason used to justify placing anew tax upon commercial properties as well as private communities that are not served by Miami-Dade County Solid Waste. Any property owner who uses private garbage haulers will have to pay this new fee. Businesses and schools will pass it on to those who use their services. Residents of private communities served by commercial haulers will simply pay more taxes.
CLICK HERE to read the Staff report and proposed legislation (not available online, except here).
There is nothing that prevents the Village from passing any ordinance, noise, neighborhood protection, or otherwise, to regulate the use of its streets, alleyways or dedicated public right of way at the present time. This is about the revenue.
How can you tell? If it was about regulation, you would see proposed restrictions in collections time, place and manner as part of this ordinance. There is none. Regulation is not contemplated. It is money/revenue first, then argue about any laws later.
This tax has been rejected both under Mayor Stanczyk and Flinn administrations.
CLICK HERE to read the Staff report and proposed legislation (not available online, except here).
There is nothing that prevents the Village from passing any ordinance, noise, neighborhood protection, or otherwise, to regulate the use of its streets, alleyways or dedicated public right of way at the present time. This is about the revenue.
How can you tell? If it was about regulation, you would see proposed restrictions in collections time, place and manner as part of this ordinance. There is none. Regulation is not contemplated. It is money/revenue first, then argue about any laws later.
This tax has been rejected both under Mayor Stanczyk and Flinn administrations.
FPL Franchise Fee Reboot. Once again, first attempt rendered invalid. Will a 5 year phase out become a 30 new encumbrance?
Most residents fail to realize that this current Palmetto Bay Village Council enacted its own tax upon our power bills. Note that this tax replaces a County (unincorporated Miami-Dade County) tax that was approved by the voters in 1992. Why is it that we could vote on a 30 year tax when we were unincorporated, but this current Village Council felt entitled to place a 30 year encumbrance upon our power bills by thir own unilateral action? Final action was taken on June 17, 2019, at a special council meeting that few knew was being held, even fewer were able to attend. See the screen shot of the Manger report, photo right).
This is why I requested a meaningful town hall meeting. The current Village Council voted on an agreement that they obviously did not understand, and obviously failed to properly negotiate or even fully notify FPL as the power company rejected this franchise fee as 'passed' by this village council by a 3-2 vote (and how was there no representation by FPL at the first and Second reading to voice any objections?).
Once again, a swing and a miss that will cost anyone within Palmetto Bay who pays a FPL bill.
And, it is important to note, the $0.68 figure is misleading in my opinion, it is an “adjustment” figure, not the overall, actual cost, to each and every FPL account holder. That amount was not included in the memo.
VIEW THE ACTUAL FPL TAX INFORMATION: You won’t find the details online from Palmetto Bay, but you can CLICK HERE to view all 18 pages, the actual staff report and the long-franchise fee (another term for “TAX”) that I have placed on a google drive.
PLEASE CLICK HERE to read detailed information posted on my blog (much more complete than any information provided by the current Mayor, Manager or council member of this FPL Franchise fee issue).
This is why I requested a meaningful town hall meeting. The current Village Council voted on an agreement that they obviously did not understand, and obviously failed to properly negotiate or even fully notify FPL as the power company rejected this franchise fee as 'passed' by this village council by a 3-2 vote (and how was there no representation by FPL at the first and Second reading to voice any objections?).
Once again, a swing and a miss that will cost anyone within Palmetto Bay who pays a FPL bill.
And, it is important to note, the $0.68 figure is misleading in my opinion, it is an “adjustment” figure, not the overall, actual cost, to each and every FPL account holder. That amount was not included in the memo.
VIEW THE ACTUAL FPL TAX INFORMATION: You won’t find the details online from Palmetto Bay, but you can CLICK HERE to view all 18 pages, the actual staff report and the long-franchise fee (another term for “TAX”) that I have placed on a google drive.
PLEASE CLICK HERE to read detailed information posted on my blog (much more complete than any information provided by the current Mayor, Manager or council member of this FPL Franchise fee issue).
Saturday, September 7, 2019
More Hurricane Heroes – Rotarians are hard at work in service of those suffering the impact of Hurricane Dorian in the Bahamas. Pics/more info provided
Rotarians Maria & Andrea |
Palmetto Bay is blessed to be home to The Rotary Club of Perrine-Cutler Ridge/Palmetto Bay CLICK HERE to view the official club website, including Maria Kesti (pictured to the right), who is the current Area Governor and District 6990 Polio Chair. Her husband, Michael Kesti currently serves on the Disaster Committee.
The photos posted to this blog document the tremendous volume of much needed materials shipped to the Bahamas. Rotary is far from declaring mission accomplished. To the contrary, work continues on receiving donations. There will be additional packing events so check their website for ongoing announcements. www.rotary6990.org
Information below taken from the official Rotary District 6990 website (CLICK HERE).
Grand Bahama Island has 5 Rotary clubs and is a valued part of Rotary District 6990. We will do everything possible to help them recover from the devastation. Rotary International District 6990 has secured a 181-foot ship and begun the efforts to fill four (4) 20-foot containers with needed supplies to aid in the Hurricane Dorian Relief Efforts. The local Rotary Clubs will be collecting items and packing them for the first shipment by this weekend.
Items being collected are Cleaning Supplies, Tarps, Toiletries, Diapers, Gloves, First Aid, Sunscreen, Clean Towels and Rags, Flashlights, Batteries, Building & Repair Supplies, Canned Food Goods (non-perishable), Garbage Bags, and others. For a complete list of items, see list below.
Currently, items are being collected at the following locations :Broward County
- SpareZ Bowling – 5325 S University Dr, Davie / 9:00am to 1:00am, seven days a week
- Weston Hills Country Club, 2600 Country Club Way, Weston / Tuesday, Sept. 3–Friday, Sept. 6. 7 am–10 pm
- International Montessory Kids Center, 602 Anderson Circle, Deerfield Beach / Wednesday and Thursday 9am – 8pm
- The City of Hallandale Beach Cultural Community Center, 410 SE 3rd Street, Hallandale Beach
Miami-Dade County
- Florida Blue Center (The Falls) – 8895 SW 136th Street, Miami / Hours: M-F 9am-7pm & Sat 9am-4pm
- Coral Gables Fire Station 1 (Headquarters) 2815 Salzedo Street
- Coral Gables Fire Station 2, 525 South Dixie Highway
- Coral Gables Fire Station 3, 11911 Old Cutler Road
Friday, September 6, 2019
It's "Deja Vu, all over again". Or is it Groundhogs Day in Miami-Dade County? Select Miami-Dade beaches have again failed to meet Health quality standards. Clean this up and promote clean water during Super Bowl Week
Update the "Days without a beach advisory sign" and reset to "ZERO"!
In the haven't I heard this before? department,
Good Grief! Our Miami-Dade County is allegedly a tourist based economy yet our County Officials have allowed our beaches to go to crap. How many days has it been since we were not under an advisory? At last check, there was an advisory on August 22nd.
We need ACTION, not officials who merely "sound alarms."
We have the local health department and media to sound the far-too-frequent-alarms. Action from our County Officials needs to follow the alarms - which to date has been Missing In Action.
Once again, I ask: Is it now required that we check both the weather and the pollution advisories before we decide to go to the beach? Is this our new normal?: Child: "Mommy, can we go to the beach today?" Parent: "Let's me check first to see if the toxin levels are acceptable." Note the use of the term "acceptable" rather than clean - yuck!
PRIOR RELATED POST: August 22, 2019, Not again! Our beaches have again failed to meet Health quality standards. Clean this up and promote clean water during Super Bowl Week
In the haven't I heard this before? department,
Good Grief! Our Miami-Dade County is allegedly a tourist based economy yet our County Officials have allowed our beaches to go to crap. How many days has it been since we were not under an advisory? At last check, there was an advisory on August 22nd.
We need ACTION, not officials who merely "sound alarms."
We have the local health department and media to sound the far-too-frequent-alarms. Action from our County Officials needs to follow the alarms - which to date has been Missing In Action.
Once again, I ask: Is it now required that we check both the weather and the pollution advisories before we decide to go to the beach? Is this our new normal?: Child: "Mommy, can we go to the beach today?" Parent: "Let's me check first to see if the toxin levels are acceptable." Note the use of the term "acceptable" rather than clean - yuck!
PRIOR RELATED POST: August 22, 2019, Not again! Our beaches have again failed to meet Health quality standards. Clean this up and promote clean water during Super Bowl Week
Thursday, September 5, 2019
Palmetto Bay Cart Club T Shirt Fundraiser for the Abacos - limited time to buy
This is yet another outstanding example of community spirit; as well as another opportunity to participate.
Chad Heffernan and the Palmetto Bay Golf Cart Club have organized a hurricane relief effort to help victims of Hurricane Dorian in the Bahamas. Please consider buying a Palmetto Bay Cart Club T Shirt or donating to support the victims of Hurricane Dorian in the Bahamas. All proceeds will go to the Abacos Relief Fund which will be utilized to get necessary food and supplies to the islands!
Here is how this Tee Shirt fundraiser works: The T Shirts are only for sale until Saturday. 100% of the proceeds go to the Abacos Relief fund, Customink.com will just send them a check when it is done. It's easy. Buy a shirt (you can also donate supplies to the Golf Cart Group as indicated below) and the proceeds to the Abacos Relief fund.
But this sale ends Saturday, so don't delay. Order now.
Chad Heffernan:
EDITOR'S NOTE: Information below taken from the Custom Ink site:
Chad Heffernan and the Palmetto Bay Golf Cart Club have organized a hurricane relief effort to help victims of Hurricane Dorian in the Bahamas. Please consider buying a Palmetto Bay Cart Club T Shirt or donating to support the victims of Hurricane Dorian in the Bahamas. All proceeds will go to the Abacos Relief Fund which will be utilized to get necessary food and supplies to the islands!
Here is how this Tee Shirt fundraiser works: The T Shirts are only for sale until Saturday. 100% of the proceeds go to the Abacos Relief fund, Customink.com will just send them a check when it is done. It's easy. Buy a shirt (you can also donate supplies to the Golf Cart Group as indicated below) and the proceeds to the Abacos Relief fund.
But this sale ends Saturday, so don't delay. Order now.
Chad Heffernan:
I feel passionate about the recovery effort because my family and I were lucky enough to vacation in the Abacos this past summer. Dozens of friends and their kids went too. We boated over and island hopped in six boats, and everywhere we went, the people were amazing. So much fun, always smiling. Helpful, courteous, and genuine. One of the best vacations I have ever had. That’s one of the reasons I am doing this.The Palmetto Bay Golf Cart Club is working on a mass drop off of supplies this week. As Chad says, "(He) can’t think of what those people went through or a better cause."
CLICK HERE to Buy/Donate
EDITOR'S NOTE: Information below taken from the Custom Ink site:
About this campaignhttps://www.facebook.com/groups/467924477394881/
All proceeds from the sale of these shirts will go directly to the Abacos Relief Fund, which will use 100% of the funds to purchase supplies and get to the islands of the Abacos, tax, duty, and import free.
Wednesday, September 4, 2019
Palmetto Bay Councilman David Singer organizes Hurricane Relief for the Bahamas - At Dadeland Station
Palmetto Bay Councilman David Singer has teamed up with Corporate America - Dadeland Station and its stores for supplies to Abaco Relief. This is yet another outstanding example of community spirit; as well as another opportunity to participate.
Councilman Singer has organized a hurricane relief effort to help victims of Hurricane Dorian in the Bahamas, teaming up with Dadeland Station.
He is asking folks to drop off non-perishable donations at the Dadeland Station center located at 8312 S Dixie Hwy, Miami, FL 33143. Items should be dropped off at the Security Office located on the 1st floor of the parking garage.
David Singer will oversee the transfer of these goods from the Dadeland Station security office to the ships transporting the much-needed supplies to the Bahamas.
The Dadeland Station donation site offers a unique opportunity for those looking to buy and contribute as they do not have to transport. Items can either be brought from home, office or schools to the site, or you can purchase items at any of these stores and simply brought down to the security office via shopping cart - one stop.
Councilman Singer has expressed his heartfelt appreciation for those who participate in the many efforts going on to assist the Bahamas in this crisis.
Councilman Singer has organized a hurricane relief effort to help victims of Hurricane Dorian in the Bahamas, teaming up with Dadeland Station.
He is asking folks to drop off non-perishable donations at the Dadeland Station center located at 8312 S Dixie Hwy, Miami, FL 33143. Items should be dropped off at the Security Office located on the 1st floor of the parking garage.
David Singer will oversee the transfer of these goods from the Dadeland Station security office to the ships transporting the much-needed supplies to the Bahamas.
The Dadeland Station donation site offers a unique opportunity for those looking to buy and contribute as they do not have to transport. Items can either be brought from home, office or schools to the site, or you can purchase items at any of these stores and simply brought down to the security office via shopping cart - one stop.
Councilman Singer has expressed his heartfelt appreciation for those who participate in the many efforts going on to assist the Bahamas in this crisis.
Tuesday, September 3, 2019
Facebook Birthday Fundraiser for Hurricane Dorian Relief for the Bahamas. Happy Birthday Tracie Rusak!
Great community spirit coming together to help those devastated by Hurricane Dorian.
Palmetto Bay resident Tracie Rusak has set up a Facebook Birthday Fundraiser for Hurricane Dorian Relief for the Bahamas. It is designated to the Greater Miami Billfish Tournament Inc. Please assist to the extent that you are able. Great going Tracie - a 2019 Hurricane Hero.
CLICK HERE to find the Facebook fundraiser and to donate!
Happy Birthday Tracie Rusak.
Palmetto Bay resident Tracie Rusak has set up a Facebook Birthday Fundraiser for Hurricane Dorian Relief for the Bahamas. It is designated to the Greater Miami Billfish Tournament Inc. Please assist to the extent that you are able. Great going Tracie - a 2019 Hurricane Hero.
CLICK HERE to find the Facebook fundraiser and to donate!
Happy Birthday Tracie Rusak.
“I'm turning 41 and I'm raising money for Hurricane Dorian relief for the Bahamas. The charity I chose is a local organization collecting money and supplies to send to the Bahamas. They have already secured a vessel and are now collecting items as well as money. If you would prefer to send an item, please let me know and I will send you the shipping address. If you are not comfortable with this, please donate to the Bahamas Red Cross. The Greater Miami Billfish Tournament Inc and your contribution will make an impact, whether you donate $5 or $500. Every little bit helps. Thank you for your support. I've included information about Greater Miami Billfish Tournament Inc below.”
CLICK HERE to view and make your donation.
Abaco Relief uodate: List of official DROP OFF LOCATIONS
Update from Richard Peeples - Abaco Relief: Providing a list of official DROP OFF LOCATIONS (listed in the JPEG below, click onto it to view in larger size).
The administrators of the group plan on sending several ships over with supplies. Please drop off your items as early as possible as these items will be processed and located Friday for a Saturday departure to the Bahamas.
The immediate needs are listed. All information is listed (and kept up to date) on the Abaco Relief Facebook page, but I have also listed it on this blog, see: Sept. 2, 2019, Update from Richard Peeples - Abaco Relief: Providing a list of immediate needs for Abaco Relief
I will continue posting updates here on my blog for those who may not use Facebook, but for those who do,CLICK HERE.
Update will continue to follow as relevant, but I recommend that interested people join the official Abaco Relief Facebook Page
Monday, September 2, 2019
Update from Richard Peeples - Abaco Relief: Providing a list of immediate needs for Abaco Relief
Monday, September 2, 2019, 5:20 PM Update from Richard Peeples - Abaco Relief: Providing a list of immediate needs. The administrators of the group plan on sending several ships over with supplies.
Richard Peeples - Abaco Relief, will post an updated list of official drop off locations. Lots of people are offering for drop off locations but - Richard Peeples - Abaco Relief – has advised that they cannot guarantee how those locations are getting to the ship.
Richard Peeples - Abaco Relief, will post an updated list of official drop off locations. Lots of people are offering for drop off locations but - Richard Peeples - Abaco Relief – has advised that they cannot guarantee how those locations are getting to the ship.
I am posting updates here on my blog for those who may not use Facebook, but for those who do, CLICK HERE.
Update will continue to follow as relevant, but I recommend that interested people join the official Abaco Relief Facebook Page
Local businesses and governments - how you can participate in post Hurricane Dorian Bahamas relief efforts
Another opportunity to participate in post Hurricane Dorian Bahamas relief efforts.
Please review the details in regards to items requested, drop off locations as well as the groups participating.
Please review the details in regards to items requested, drop off locations as well as the groups participating.
Please join and donate to Abaco Relief - Assisting those devastated by Hurricane Dorian in the Bahamas
There are many leaders of this effort, including Palmetto Bay resident Richard Peeples (among others)
Here is the link to the Abaco Relief Facebook page. This is a public group.
One such plea: This just in from Richard H. Peeples III in South Florida
Good morning my friends, as we all know the Abacos have been destroyed and left the people desperate for help. Because I am insane, I am taking on the task along with Cody Holcomb, Bruce Marx, Ed Dwyer, and numerous others. We will need everything and are setting up locations to drop off your donations. So far Scott Baxter, SeaHunter Boats and Crook and Crook are established drop off locations. We will have a ship going over on Sat. That doesn't give us a lot of time to get it loaded. I've been in contact with some people in the Abacos and they will need everything. I am comprising a list. Budweiser will be donating two containers full of water. So water is not a priority. Please join Abaco Relief for information on how to make your tax deductible donations through the Miami Billfish Tournament. We are not associated with any go fund me pages. They take to large of a percentage to deal with. All monies donated will go directly to purchasing supplies and to pay shipping. All monies are for the people of Abacos. Nothing is going through the Bahamian government. We already have assurances that all customs and duties will be waved. If you need further information please send me a text since my phone is blowing up and I can't answer everyone. I appreciate everyone's help on this. Your thoughts and prayers have been great but now its time for your donations, no matter how small. These people need us and now its time to give back to the Bahamians who have given us so much. God Bless you all.
(Above information taken from the Abaco Relief public Facebook page - all the information you need is available from this site or from any of the administrators)
I will update this topic as information becomes available, but all you need to know will be posted to this Facebook site, including the ability to ask question of the leaders of this relief effort.
Here is the link to the Abaco Relief Facebook page. This is a public group.
One such plea: This just in from Richard H. Peeples III in South Florida
Good morning my friends, as we all know the Abacos have been destroyed and left the people desperate for help. Because I am insane, I am taking on the task along with Cody Holcomb, Bruce Marx, Ed Dwyer, and numerous others. We will need everything and are setting up locations to drop off your donations. So far Scott Baxter, SeaHunter Boats and Crook and Crook are established drop off locations. We will have a ship going over on Sat. That doesn't give us a lot of time to get it loaded. I've been in contact with some people in the Abacos and they will need everything. I am comprising a list. Budweiser will be donating two containers full of water. So water is not a priority. Please join Abaco Relief for information on how to make your tax deductible donations through the Miami Billfish Tournament. We are not associated with any go fund me pages. They take to large of a percentage to deal with. All monies donated will go directly to purchasing supplies and to pay shipping. All monies are for the people of Abacos. Nothing is going through the Bahamian government. We already have assurances that all customs and duties will be waved. If you need further information please send me a text since my phone is blowing up and I can't answer everyone. I appreciate everyone's help on this. Your thoughts and prayers have been great but now its time for your donations, no matter how small. These people need us and now its time to give back to the Bahamians who have given us so much. God Bless you all.
(Above information taken from the Abaco Relief public Facebook page - all the information you need is available from this site or from any of the administrators)
I will update this topic as information becomes available, but all you need to know will be posted to this Facebook site, including the ability to ask question of the leaders of this relief effort.