LUXCOM Litigation update. Palmetto Bay files the Answer and Defenses. 14 pages - filed April 28, 2022

Palmetto Bay filed the Answer and Defenses on April 28, 2022. The entire 14 page document can be downloaded for your own review.

Short procedural history of this case to date: This present LUXCOM action was filed November 5, 2020. Palmetto Bay attempted to have this complaint dismissed as its first option, filing the first motion to dismiss on December 20, 2020. The result? Apparently the parties agreed to the Plaintiff, LUXCOM, filing an Amended complaint on May 12, 2021, and again on October 14, 2021. A renewed motion to dismiss was filed on November 9, 2021.  The issue was finally ready for hearing on the motion to dismiss on March 31, 2022. The Judge, after review of the pleadings filed and hearing the arguments of the attorneys, denied Palmetto Bay's motion to dismiss by order rendered April 18, 2022. The Order refers back to the separately filed transcript for the specifics relating to reasons for denial. 

Palmetto Bay's Answer and Defenses is the 52nd substantive document filed in this case that now enters its 18th month of litigation. Review a copy of the official court public online docket current as of April 28, 2022. The answer is the defendant’s respond to the complaint and to put forth any defenses if he or she so desires (those not raised are usually considered waived). The answer may also contain defenses (affirmative defenses) that the defendant offers in response. The defendant may offer affirmative defenses, as Palmetto Bay attorneys listed in their answer. The Defendant (Palmetto Bay) has the burden of proving these defenses. 

This case now moves on to what can be expected as a very detailed discovery phase. Documents will be exchanged. Depositions will be taken where various staff and village council members will be called upon to provide testimony under oath for use in either the summary motions or trial, if this case goes that far.  The case does not necessarily wait for trial to be resolved. Either side may be entitled to a summary judgement in its favor based upon how the case develops through discovery. I will post on those options should they become relevant in order to keep readers in the loop. 

BACKGROUND – PRIOR RELATED POSTS: 

April 21, 2022, LUXCOM Litigation update - Transcript of proceedings from March 31, 2022, now available to the public on official court docket

April 18, 2022, Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

Thoughts on Earth Day, April, and accomplishments made in terms of sustainability

We are entering the last week of April - home of Earth Day (April 22 annually). I spent Saturday out in our Everglades, Shark Valley specifically, to enjoy a family bike ride and view the natural flora and fauna. Take note - I am proud that many of the same species of plants and all the animals can be found within the municipal boarders of Palmetto Bay. 

I have enjoyed serving as Mayor of the Village of Palmetto Bay. Although eager to what the future will bring, I admit that I look forward to the freedom to participate as an engaged resident as I did from 2011 - 2014. It is always good to regain perspective off the council dais. What I observed from 2010 – 2014 brought me back. I am even more disturbed by some of the things I see going on today.

Each and every administration is held accountable for decisions made. Others now take on the responsibility of public office and will be judged by their own promises made and kept, their own accomplishments reached and their own handling of issues as they arise.

I remain proud of our accomplishments, and while not everyone may have agreed, we certainly moved our village forward from humble beginnings.

I'd like to think that I have had some input, some impact, on sustainability here in South Florida. In review, I am proud of my record for sustainability here in Palmetto Bay. I have worked hard to make Palmetto Bay a green city and make it greener every day.  Listed below is a partial list;  some of my favorite accomplishments brought to Palmetto Bay. 

Accomplishments we share: 

I still enjoy the reward for teamwork - July 20, 2018, Palmetto Bay is certified by the FGBC as a Green City

As Mayor (2002-2010, 2014-2018), I refused to meet with developers in private. I am the only member of the Palmetto Bay council to date, who can say this.  I have held meetings in public where interested members of the public can attend, listen and actually participate. Sad that that doesn't continue. In fact, I have heard that a current member of the village council recused himself as he met with an applicant.

I am also proud of working with the original Village Council to renovate existing parks and buying new parkland, as well as bringing diverse park amenities including a dog park, softball complex, beach volleyball courts, and a skate park. I have seen to it that we include and protect our environment sensitive areas such as the 5 acre Pineland in Coral Reef Park. I have also worked with the team to purchase and preserve a bay front park (Thalatta Estate). Activities include Earth Week (to raise environmental awareness) and age friendly programming and promoting bicycling within the village. I participated annually with the various bike to work, alternative transportation events.

I created “Shade Palmetto Bay” – our annual tree / plant give away (native of course).  This year, I put my money where my mouth is and personally donated 130 seedling pines for the giveaway.

I worked for recognition of our green spaces as Florida-Friendly Landscapes. Note that in our Village of Parks, Coral Reef, Palmetto Bay and Perrine Wayside Dog Park were recognized on June 18, 2018. 

I signed on to the US Conference of Mayors Climate Protection Agreement and joined Sierra Club’s Mayors for 100% Clean Energy – not just signing, but following up on and keeping the commitments made.

I was the prime sponsor in bringing Palmetto Bay in as a participating municipality with the Southeast Florida Regional Climate Change Compact when it was formalized back in 2009/2010. 

I was the first of our local officials to advocate for the completion of CERP/BBCW in our region. See Palmetto Bay Resolution:  2007-044

I sponsored (with a single co-sponsor) Reso 2009-018 Urging the US Congress and Florida Legislature to fully fund Biscayne Bay Wetlands projects

Reso2007-073 – in support of the SFWMD request for congressional appropriation of funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards

Reso2016-036 Urging the US Army Corps of Engineers, the Florida Department of Environmental Protection and the SFWMD to expedite Phase II of the Biscayne Bay Coastal Wetlands Project.

Under my leadership, Palmetto Bay led the way in green initiatives, building the first countywide LEED-certified park building at Coral Reef Park, followed by the very first statewide Platinum LEED-certified Village Hall! 

Palmetto Bay Charter member PACE – I served on the district board

Preserving green space, creation of new green space/parks as well as updating existing green space and parks.  Adding to Palmetto Bay Park where we took developable land and added it to the Park, adding 17 acres to the original 5 acre neighborhood park. Buying and preserving Thalatta Estate.

Championed the creation of a Sustainable Community Plan (SCP). 

I sponsored resolutions preserving the following acreage: 

Ludovici Park, working with our Miami-Dade County Environmental Crimes to take ownership of land which had previously suffered mangrove destruction, restoring those mangroves and placing that land in the public domain, eventually becoming Ludovici Park – where a library now stands and the restored mangrove area rests, off the private ownership and in protective hands.

Land that the County was about to surplused to developers into public ownership -  soon to be known as The Woods along 168^th street.

I was the sponsor of Palmetto Bay Resolution 2010-32, Opposing the FPL application relating to Turkey Point Units 6 & &, power lines, opposing the siting transmission lines down US1 (the subsequent administration pulled out of this effort, leaving Pinecrest and South Miami to win this effort without Palmetto Bay’s collaboration).

Notable resolutions are numerous, but some of my favorites that I sponsored include:

2005-043, calling upon the Board of County Commissioners to oppose any extension to the Urban Development Boundary (“Hold The Line”)

2007-049 Relating to protecting the land considered to be a wildlife sanctuary at SW 168^th Street and 88^th.

2008-078  Requesting Miami-Dade to authorize the use of low emission vehicles on County Owned Residential streets located within Palmetto Bay and the County as such low emission vehicles would assist with greening communities by lowering gas emissions and curtail use of gas, ensure slower speeds and thus protect residents, pedestrians and general public.

2016-68, opposing the DEP's weakening of restrictions that would allow an increase in the release of toxic chemicals into Florida’s Waters.

Obtaining the Tree City USA Designation in my second term.

I am including the following blog posts I have written on these and other environmental topics.

CLICK HERE or the following heading to view a blog post from March 28, 2016, Our environment, our community, our future - a collaborative effort to maintain our quality of life. Part 1 - our local environment, documenting part of my long term (not election time) actions relating to our environment. 

We need to protect and prepare for our future, whether it is protecting our native Pine Rocklands, Mangroves, or Everglades.  We need to grow smart or not at all.  And don’t leave out transportation.  Transportation is another Number One issue (yes - there are more than a single critical issue facing South Florida) as growing gridlock is rapidly eroding our quality of life – but more on that in a future post.

I remain proud of my accomplishments to date as well as my ongoing commitment to continue the vision and work to further and exceed these past accomplishments, including:

Palmetto Bay seeks to become a model community for energy savings and environmental conservation. The Municipal Center is a testament to this goal. 

For more information, please feel free to review the following Official Palmetto Bay webpages:

Have You Heard? Green is the New Black!

Palmetto Bay Green Page

And a few of my past blog posts, including:

May 4, 2018, Great response to our solar initiatives. Thank you to all who have participated.

October 9, 2012, Great news. It is official. Palmetto Bay's Village Hall receives Platinum LEED certification.

August 23, 2017, The Smart Growth Partnership - The Village of Palmetto Bay wins a smart growth award for its DUV Code

Also see the article posted online through the Southeast Florida Regional Compact (an organization I have sponsored participating with):  Village Hall LEED Platinum Certified Facility

Obtaining certification of the first Green Certified municipal building in Miami-Dade County (our Parks building at Coral Reef Park).

Solar power initiatives.  Co-sponsoring Solar Co-Ops

Prime sponsor of permit fee waiver initiatives for Solar Panel initiative.

Championing the efforts to purchase and preserve Thalatta Estate - working with the willing seller to buy the property through the Trust for Public Lands and Florida Communities Trust to bring this property into public ownership for all to enjoy.

Went electronic, eliminating paper - for e-newsletters - first created e-currents and now "Your Village At Work."

Tree City USA Designation

I have also actively worked to support the efforts of community groups such as LivableCutler at the county and state level to halt over development. These efforts led to public acquisition of 130 acres earmarked for CERP/BBCW. My entire family have been part of the volunteer effort to restore the acquired coastal wetlands.

Finally – I established a Palmetto Bay “Environmentalist of the Year” Award – to recognize and encourage environmental action.

Thank you fellow residents of Palmetto Bay!

Eugene Flinn

Palmetto Bay Village Center Litigation Update – Petition for Cert (a form of appellate review). Palmetto Bay’s response due May 11, 2022.

This update relates to the Petition for Certiorari  (a form of appellate review) filed by the applicant Palmetto Bay Village Center (PBVC) in the case styled as 17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL, case number: 2022-000012-AP-01 . I am working to truly keep interested readers in the loop.

The Court rendered an Order to Show Cause on Thursday, April 21, 2022. This Order is the procedural next step in this case, it in no way indicates that either side has an upper hand in this matter. The Village of Palmetto Bay is now required to file its Response to the Petition for Writ of Certiorari within twenty (20) days of the April 21, 2022, order.

IMPACT:  The Village response is due to be filed no later than Monday, May 11, 2022 (barring any requests for extension of time).

The Village Council was waiting for this order. I expect the Village Attorney to seek an Executive Session with the Village Council to discuss the case and then proceed as instructed by this Mayor and Council.

Does an eventual ruling in this case end the litigation? No. Either party may appeal the eventual Cert decision to the Third District Court of Appeal (3 rd DCA). This is also one of two separate cases filed on the same manner (different relief is sought, two separate cases required).

BACKGROUND - see prior related post of April 1, 2022, More litigation for the Village – The Palmetto Bay Village Center has filed for judicial review – a big read. Initial review and impression – links to critical documents provided

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01  (the case discussed in this post)
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019

Happy Earth Day - 2022. Green, then silver, then Gold. Keep pushing for sustainability.

Where are we in regards to protecting our fragile ecosystem?

Do you know the approximate age of the Earth? 4.543 billion years. Yet today, 4/22/2022 is just the 52nd Earth Day celebration. ACTING on Earth Day is more than just a movie night, it is taking action and participating, doing things differently, ending (sub)Urban Sprawl. Sometimes it takes real change; more than photo ops.

A brief history of Earth Day: The April 22 Earth Day was founded by Senator Gaylord Nelson, and was first organized in 1970 to promote ecology and respect for life on the planet as well as to encourage awareness of the growing problems of air, water and soil pollution.

I am proud to have led Palmetto Bay and created more than a simple Earth Day Celebration, but set Palmetto Bay to be committed to Earth Day 24/7/365. We don’t just recognize a day, we were in big, in such a big way, that we take a full week to celebrate. We continue to involve our youth in partnership with the local schools as they are going to inherit what we leave behind.

2018 was a milestone year for Palmetto Bay as I was pleased to announce on July 20, 2018, that Palmetto Bay was certified by the FGBC as a Green City. Next stop is Silver and then Gold Certification so long as the subsequent councils continue to subscribe to the green footprints cast before them.

 

 

Participating in a python hunt to 
remove an invasive species

I remain proud of my accomplishments to date as well as my ongoing commitment to continue the vision and work to further and exceed these past accomplishments, including:

Palmetto Bay seeks to become a model community for energy savings and environmental conservation. The Municipal Center is a testament to this goal. For more information, please feel free to review the following Official Palmetto Bay webpages:

• Have You Heard? Green is the New Black!
• Palmetto Bay Green Page
  And a few of my past blog posts, including:
• May 4, 2018, Great response to our solar initiatives. Thank you to all who have participated.
• October 9, 2012, Great news. It is official. Palmetto Bay's Village Hall receives Platinum LEED certification.
• August 23, 2017, The Smart Growth Partnership - The Village of Palmetto Bay wins a smart growth award for its DUV Code.
• Also see the article posted online through the Southeast Florida Regional Compact (an organization I have sponsored participating with):  Village Hall LEED Platinum Certified Facility
• Obtaining certification of the first Green Certified municipal building in Miami-Dade County (our Parks building at Coral Reef Park).
• Solar power initiatives.  Co-sponsoring Solar Co-Ops
• Prime sponsor of permit fee waiver initiatives for Solar Panel initiative.
• Championing the efforts to purchase and preserve Thalatta Estate - working with the willing seller to buy the property through the Trust for Public Lands and Florida Communities Trust to bring this property into public ownership for all to enjoy.
• Went electronic, eliminating paper - for e-newsletters - first created e-currents and now "Your Village At Work."
• Tree City USA Designation
• Working for recognition of our green spaces as Florida-Friendly Landscapes. Note that in our Village of Parks, Coral Reef, Palmetto Bay and Perrine Wayside Dog Park were recognized on June 18, 2018. 
• I have also actively worked to support the efforts of community groups such as LivableCutler at the county and state level to halt over development. These efforts led to public acquisition of 130 acres earmarked for CERP/BBCW. My entire family have been part of the volunteer effort to restore the acquired coastal wetlands.
• Finally – I established a Palmetto Bay “Environmentalist of the Year” Award – to recognize and encourage environmental action.

Prior relevant blog posts: Some relevant posts on my personal blog include Invasive Species, creating a backyard oasis, Celestial Events: there have been many posts throughout this blog covering these topics and how they are relevant to our South Miami-Dade Communities. Please take the time to check a few out. It is all about my transparency. I am about preservation of Palmetto Bay. That means thinking differently, saving the 22 acres of the rapidly deteriorating Pine Rocklands at the Palmetto Bay Village Center.

Happy Earth Day – 2022!

Eugene Flinn

LUXCOM Litigation update - Transcript of proceedings from March 31, 2022, now available to the public on official court docket

LUXCOM filed the transcript of the hearing on Defendant’s, PALMETTO BAY, Motion to Dismiss Second Amended Complaint held on March 31, 2022.  I need to review the transcript.  (CLICK HERE to download and view this 53 page document)

This is the transcript referred to in the Order Denying the Motion to Dismiss:

"1. The Village’s Motion is denied for the reasons stated in open Court as reflected in the transcript from the hearing a copy of which has been separately filed by Luxcom."

The filing actually took place on April 18, 2022 at 1:46 PM, but was not visible to the public until Thursday afternoon, 4/21/2022.

BACKGOUND INFORMATION: See prior related post of April 18, 2022, Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

I will continue to keep readers in the loop. 

Litigation update – short bite – Expect Palmetto Bay’s initial response to the latest Palmetto Bay Village Center lawsuit to be filed sometime in May, 2022.

The Village of Palmetto Bay was served with the Complaint for Relief on April 11, 2022.  CLICK HERE to view the notice of filing – Return of Service and other documents. This case is styled 17777 Old Cutler Road, LLC, v. Village of Palmetto Bay, Florida, Case No.: 2022-006141-CA-01. CLICK HERE to view the 258 page complaint.

IMPACT:       The Village of Palmetto Bay is expected to file the initial response sometime on May as the deadline for filing may be enlarged by agreement or upon motion to and order of the court.

The response could be an initial Motion to Dismiss filed to test the sufficiency of the complaint of Palmetto Bay may plan on filing its Answer and Affirmative defenses.  We are not in the loop as to what action they may take and the Village is most likely still considering their options at this time.

BACKGROUND - see prior related post of April 5, 2022, More litigation! In fact, a second lawsuit was filed April first (no joke) along with the Cert action. This case is styled 17777 Old Cutler Road, LLC, v. Village of Palmetto Bay, Florida, Case No.: 2022-006141-CA-01 details and links provided.

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01  (the case discussed in this post)
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019

Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

The Judge rendered her order denying Palmetto Bay's Motion to Dismiss in the case of Yacht Club by Luxcom, LLC v. Village of Palmetto Bay, 2020-023918-CA-01. The hearing was held on March 31, 2022. 

This was a denial of a motion to dismiss.  This is not an adjudication of the entire case; specifically not an award of any damages or other relief to the Plaintiff, Yacht Club by Luxcom, LLC. This denial does mean that this case will be heavily litigated and will require significant work to defend. 

The order is simple - it merely provides that:

1. The Village’s Motion is denied for the reasons stated in open Court as reflected in the transcript from the hearing a copy of which has been separately filed by Luxcom.

2. In accordance with Rule 1.140(a)(3), Fla.R.Civ.P., the Village shall serve its answer within 10 days from the date of this Order.

CLICK HERE to view this simple 2 page order.

I am looking for the transcript from the hearing a copy of which is stated to have been separately filed by Luxcom. This item is not yet visible on the public docket. I will update this post when that item becomes available. 

Next step - attorneys for the Village have 10 days from April 18, 2022, to prepare and file the answer. This will be a comprehensive document; it will not be a short form.

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01 
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA (this case)
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019

Annexation. The decision is reserved for the voters, not between the five members of the village council. Time has long passed for the current officers to read the rules and follow the process.

The original council (which I am proud to have served on) worked with the Village residents to put a process in place for determining annexations. The process was placed in the Charter in order to prevent future council (like the current mayor and council) from substituting their own judgement on the critical issue of annexation. 

There is an interesting debate going on within one of the community Facebook groups involved with Palmetto Bay (one of the many unofficial groups) regarding annexation and the recent action regarding annexation taken recently. I have to ask the initial question:  Is there anyone on that dais who reads and (more importantly) follow the charter? That includes Charter Officers as well as mayor and council. There is a process to follow that puts the decision in the hands of the village electors who ultimately make the decision whether to move forward to INITIATING the process, not the mayor or village council. It is time to point our current mayor and council to the process that past councils and voters set for them to follow. It is time for the current elected officials to read the Charter, the rules and follow the process.

Palmetto Bay Village Charter,

Section 10.3. Annexation Process.

The Village Council, presented with a petition in accordance with County requirements for annexation of an area, shall vote on the concept of annexation of the area. A four-fifths vote of the Council shall be required in order to proceed with the annexation process. Immediately thereafter, the Village Council will coordinate an election of Village residents to determine whether a plurality of the Village desires to proceed with annexation. If a plurality votes affirmatively, the Village Council would then proceed with a resolution, consistent with the County Annexation procedures, to request initiation of the annexation process, which would provide for the scheduling of an election by the area to be annexed.

This is the process that should have been followed once Resolution2019-65, passed 3-2 on April 1, 2019. Resolution 2019-65 was sponsored by then Council Member David Singer. SPOILER ALERT: The process was not followed in 2019, 2020, 2021 or now in 2022.

Backstory: see February 23, 2022, Palmetto Bay: Indecisiveness. Once again, what's old is now new again, at least in regard to annexation. This is where I discuss the current state of chaos in Palmetto Bay on the issue of annexation. The Palmetto Bay Village Council discussed annexation of the area west of Palmetto Bay’s current boundaries- this time it was at a Committee of the Whole meeting (COW) held Tuesday, 2-22-2022. I don't think any of them  remembered that this is the exact same area submitted to the voters in 2016? Unfortunately I have been here since we first incorporation and I pay attention to what has happened as well as not happened in Palmetto Bay. So allow this blog post to serve as some institutional history on Annexation. Search "annexation" in the search widget.

The reality is appalling, and as they say in politics, they (current mayor and some of the council members) were against it before they were for it. (Or were they for it before they were against it?) The annexation issue did not end with the election results in 2016. Nope. History repeats itself – watching council meetings have become far too similar to watching the movie Groundhog Day, but far less entertaining.

As a reminder, the most recent annexation item was voted down, with only the sponsors vote in favor, will we see yet another flip - flop - flip? It takes approval of 4/5ths to move forward. 3 members of the village council, and that includes the current mayor, will have to flip. Let's see how much staff time this current council will churn to get to a decision point.

Fact checking Palmetto Bay's Social Media - The truth is revealed in a court filing - your voice doesn't matter!

You can learn a lot from reviewing court cases involving the Village of Palmetto Bay. The truth is out and Palmetto Bay has admitted that it it conducts livestreams on Facebook, that they receive comments from viewers in real time,  but that it has no employee, agent, or assign reviewing or monitoring these comments in real time or review any of these comments posted by viewers after the conclusion of the livestreams. Palmetto Bay's social media exists solely as a one-way method of communication, a photo op for the current mayor and members of the village council. 

Latest example: Thousands upon thousands of your tax dollars were spent for a rare air event in Palmetto Bay set to introduce the new Superintendent of schools, set up for a limited number of select residents. Most communities set up these meetings as an open event at a local school auditorium or municipal center where all comers could be accommodated. After all, elected officials were there and this would be a great opportunity to mix and personally hear from the leader of our County public Schools, but alias, not here in Palmetto Bay. The thousands spent and the exclusive location (Thalatta Estate) required this be a closed event.

It wasn't just a use of a park. A tent was specially set up, village employees were diverted to attend to the comfort of the elected official and their select guests as well as the set up and breakdown for the catered event  - all provided courtesy of the taxpayers. 

Those not lucky enough to obtain the Golden Ticket were not allowed inside the velvet rope for the VIP treatment. The consolation price set by Palmetto Bay's leaders were to direct those to view from Facebook (aka, behind the ropes)  out of sight, out of mind. 

No taxpayer funded breakfast for you!  

And Facebook comments? The purpose of commenting is for interaction with the event, but not here in Palmetto Bay under current leadership. Your comments are for naught. They are ignored by officials. The truth is revealed for those of cannot attend events or any village council meeting live, who watch through Facebook or any other event, at no time are your comments reviewed or considered. 

You might as well go outside and yell into the air. Your voice doesn't matter, at least on social media. 

Unconvinced? Review the official VILLAGE OF PALMETTO BAY'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS filed by on behalf of Palmetto Bay officials in the case of AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY, 2022-000305-CA-01. The Response was filed on April 13, 2022. 

The actual Requests and Responses to those requests:

1. Admit that VILLAGE OF PALMETTO BAY conducted a livestream on Facebook from its social media accounts.

RESPONSE: Admitted.

2. Admit that VILLAGE OF PALMETTO BAY conducted a livestream on Facebook from Coral Reef Park on or about May 15,2021.

RESPONSE: Admitted.

3. Admit that VILLAGE OFPALMETTO BAY livestreams receive comments from viewers in real time.

RESPONSE: Admitted.

4. Admit that VILLAGE OF PALMETTO BAY has no employee, agent, or assign reviewing or monitoring comments on the livestreams, as comments come in in real time.

RESPONSE: Admitted.

5. Admit that VILLAGE OFPALMETTOBAY does not review comments posted by viewers after the conclusion of the livestreams.

RESPONSE: Admitted.

Background:
Question:  What is a Request for Admissions?
Answer:     A Request for Admissions is a set of statements which asks the other party either admit or deny a statement or allegation. The answers are used to narrow the issues for determination by the court or ultimately by a jury is a court case.

Remember this when the current mayor tells you about open government or that 'your voice matters'.

Pumpkin and Fiyero are kicking off National Pet Day

 Today, April 11, 2022. is National Pet Day

Rescued cats Pumpkin (foreground) hanging with his BFF (best friend feline) Fiyero.

#NationalPetDay

April 10 - Celebrate Gopher Tortoise Day in Florida

Please do your part to keep our Palmetto Bay community a Gopher Tortoise friendly habitat. Palmetto Bay residents are fortunate have the opportunity to coexist with these torts in their natural habitat. There are several areas where you may encounter one while biking or out on your walk. It is up to us to protect their habitat.

To learn more about #GopherTortoiseDay and other ways to celebrate please visit: gophertortoisedayfl.com/

Included in the link above: 

Gopher tortoises are considered a keystone species because they dig burrows that provide shelter for 360 other species of wildlife, called “commensals.” These commensal species include the gopher frog, Florida mouse, eastern indigo snake, and hundreds of invertebrates like beetles and crickets. Without the gopher tortoise, many of these species would not exist.

You can help celebrate Florida’s only native tortoise by hosting an event in your community, asking your local City or County Commission to officially adopt April 10 as Gopher Tortoise Day, and by educating others on the importance of protecting gopher tortoises.

Use the menu above to access resources, including the resolution template, ideas for hosting your own event along with hands-on activities, and educational materials that can be printed and distributed to friends and neighbors in your community.

Learn more about the gopher tortoise by visiting:  MyFWC.com/GopherTortoise or GopherTortoiseCouncil.org.

Photo credit - MyFWC Florida Fish and Wildlife