Save, don’t pave the 22 acres! Residents, the original village council and I agree with the representatives of the Palmetto Bay Village Center – we all want the 22 acres to be permanently preserved. Protection needs to be by covenant, for 50 years plus, not a mere development order. An important read for anyone concerned with protecting the environment.

Why a covenant? Because a development order could be modified by a simple majority vote of this or any future mayor and council.  We need real environmental protection of 22 acres at the Palmetto Bay Village Center (PBVC).

This is one time when the applicant is right and the current Palmetto Bay Mayor and Council are WRONG.

Please take the time to review the concerns outlined by Sara Barli Herald, Esq., Bilzin Sumberg Baena Price & Axelrod, LLP. In the 4 page letter of September 16, 2020: 

This goal is entirely consistent with the actions of the Village Counsel and opinions voiced at public hearings in 2016. We believe, therefore, that the Declaration as drafted and approved by our client (a copy of which is attached) is necessary to protect and conserve this land for the benefit of future generations.

The attorney for the PBVC went on to state that they take issue with Palmetto Bay officials, who, through their Village Attorney:

… eliminated the majority of the environmental protections included in the draft Declaration that we had submitted to you. Instead, you placed on the agenda a stripped down version that completely disregards the environmentally sensitive aspects of the site. The following very important recitals, restrictions and provisions were stricken by you:

·       County Resolution R-469-08 adding the property to the Environmentally Endangered Lands ("EEL") Program Priority B Acquisition List

·       Village Resolutions 09-11 and 2017-53 affirming and reaffirming support for EEL decision and acquisition of site

·       Excerpt from County Home Rule Charter Section 7.01 pertaining to properties acquired for preservation and acknowledgment of requirements of Charter

·       Definition of "Passive Park"

·       Provision that restrictions shall be perpetual

·       Restriction limiting passive trails to pedestrians and non-motorized vehicles

·       Provision that a structure shall be ancillary to the passive park and limited in size

·       Provisions containing parking areas to designated locations

·       Prohibition against commercial signage

·       Designating residents and property owners of the Village as beneficiaries of the Declaration with rights of enforcement

 As a result, you have created a document with no teeth. Although you retained statements that environmental assets and natural landscape shall be preserved, those statements are aspirational only. With no designated beneficiaries and no enforcement mechanism, the Village will be at liberty to build with impunity whatever structures, roads or parking lots it may desire on environmentally sensitive land.

The entire excerpt above was taken from page 3 (of the 4 page letter).  CLICK HERE to view the correspondence of Sara Barli Herald, Esq., Bilzin Sumberg Baena Price & Axelrod, LLP., of September 16, 2020

You really must read this entire letter.