Community Newspapers - Host Michael Miller speaks with Mark Merwitzer, Candidate for Vice Mayor...

A great video from a candidate who will present himself to the public. He is well qualified to lead. He has vision. Mark Merwitzer is a product of our village. 

We should be proud of his accomplishments to date.  Support an outstanding member of our Village for Palmetto Bay Council.

Some priorities for Mark Merwitzer:

Bring back the Neighborhood Protection Committee - disbanded by the current members of the village council.

Traffic. Mark works for Transit Alliance Miami and has expertise he can bring to the village council. He also wants to work with WAZE (and has worked with WAZE) to remove cut through streets.

Experienced in real community engagement

The current mayor and council have voted for every high rise apartment - check the record. Many village residents would trade where they work in a heartbeat to save themselves their long commutes - but this is not what the present council is permitting in development.

My opinion: The time has long passed for the voters of Palmetto Bay to reject fake news and bogeyman politics

It’s time for Palmetto Bay residents to reject bogeyman politics. Palmetto Bay has two bitter residents who call themselves “Concerned Citizens” and send out e-mails, acting like they’re the Miami Herald endorsement – when it’s really just two individuals with nothing much to do except complain.  The name “Concerned Citizens” shouldn’t give them any more credibility than they deserve, nor should it give them the right to misstate the record and achievements of those running for or holding office in Palmetto Bay.

I can take it. I am not running for office and my record speaks for itself, but these two are simply making s**t up at this point. Now, apparently,  I am somehow "pro-bridge" when, as an elected Palmetto Bay official, I successfully fought off the 87th Avenue bridge for my entire time in office, and even while not in office from 2010-2018. This includes through quality negotiations and partnership agreements with the County.  Only when our current mayor took office did that fall apart. She chose to avoid a critical meeting at County Hall, and instead, publicly posted on social media that she was engaged in making exercise videos at Coral Reef Park. The council feigned ignorance of this County meeting even though it was discussed at length at the Palmetto Bay council meeting held the day prior.

But that is water under the bridge, as they say.  This mishandling of the issue is symptomatic of the general problem with the current council – including the council candidates up for reelection. They change their position based upon whom they are addressing, and they don’t want to take a stand. I have never changed my position on the bridge. I only point out how badly the current group had screwed up the situation, but they won't accept accountability. Unfortunately, it is always someone else’s fault.

Let me be clear: These two individuals support the incumbents because they know they will vote in lockstep with the mayor – having a three vote majority on every issue with no need for discussion – and the ability to shout down the other two council members from Districts 1 and 3. That’s not why Palmetto Bay was formed, and it’s not why we have a five member council, with members representing each individual district.  The idea is for there to be discussion and representation of several different opinions.

You have to ask yourself why Gary Pastorella and Shelley Stanczyk don’t want that.

NOTE: This is a never-ending story for the committee of two - they have brought this town back to the problems of 2012. See an article published online in the Palmetto Bay News - It’s bogeyman after bogeyman for this Palmetto Bay Council, By Grant Miller, Publisher -July 27, 2012  As Grant Miller pointed out: Those who study political history will note that most political establishments almost always need a perpetual enemy — real or imaginary. Its a tool, as he put it, a tool for extending floundering political careers. 

Follow up on the the facts relating to the purchase of the Shore property (partial). Facts are facts. Documents cited.

How sad for Palmetto Bay. The present members of the Village Council who are running for re-election just appear to make things up - bogyman politics at play.

FACT - a resident obtained his own appraisal for the Shores property. Guess what. It confirms the value of the land.  This was originally reported in a PRIOR RELATED POST of April 16, 2021, Wow. Facts are facts. I believe that the current mayor, vice mayor and other members of the Village Council owe a retraction and an apology to former Manager Silva.

I am reposting the factual response by former manager (and long time Village resident) Ed Silva:

This Council continues to refer to the appraisal done by a private resident to claim that we didn't get the correct amount of land in the downtown area. I'm providing a copy of an appraisal with the letter of authorization in which the appraisal company has been directed to only appraise the .98 acres of land. Look closely at the document and you shall see that the appraisal authorization letter clearly states that this subject property is a part of a larger 2.27 acre site. Ironically the appraised value for just the .98 acres was $2,050,000. There was no instructions to provide a value for the bigger right of way parcel. Now again ask yourself why having these documents the Council has elected to question the integrity of the Village Attorney and Village Manager who both are no longer associated with the Village? Seems a bit vindictive doesn't it?

Here is a copy of part of that appraisal:

Please watch the Video posted below where the Hon. Dexter Lehtinen explains the facts relating to this purchase. Please take note that this village council knows better than to attack Mr. Lehtinen in regards to the purchase.

This is in follow up to another PRIOR RELATED POST of October 10, 2024, Campaign lies exposed. Get the facts and avoid campaign lies. A great purchase for the village.

Not only did the Village obtain valuable land (that the village still owns - which is probably worth even more than what was paid for it), but we stopped the 1,400 student charter school that then Mayor Stanczyk enthusiastically approved (see the post for the resolution). 

Sad that this is yet another example of their spin and deflection - and misrepresentation of the fact.  Only the substances of the controversy changes. But then again, “a leopard never changes its spots”. It continues to be apparent to me that drama, chaos and lack of civility from members of this current village council remain the preferred method of official business in Palmetto Bay.

Chickens - from "free range" to far ranging here in Palmetto Bay.

A little humor today (you just have to laugh) - as the ever increasing population of chickens and roosters have come home to roost here in Palmetto Bay.  A reader sent me this photo on Sunday, 10-13-2024.  

Apparently this lil chicken heard that McDonalds was serving Chicken, but I think she misunderstands the term serving in this particular instance. She'll make that mistake only once.

Loose chickens (or should I refer to them as really free range) are now found often at Coral Reef and Palmetto Bay Parks, surrounding homes and now local businesses.  I am told that you can find them at the bank on the corner of 184 & US1 as well as neighboring Big Lots, but I have not verified.

Yes, that is right, more feral chickens here in Leanne's Palmetto Bay. The population has exploded since Leanne's Chicken Ordinance. This chicken looks like she is ready for the fryer; giving up, fatigued from the false promises of the vice mayor & council. If only it could vote.

Far ranging chickens and roosters - classing up Palmetto Bay.

Prior RELATED POSTS:

October 7, 2024, Update - Roosters taking root in Palmetto Bay

August 14, 2024, Reader submissions - Chickens & Roosters multiplying at Coral Reef Park - non-native species appear to be thriving.

August 1, 2024, Chickens can be raised properly in Palmetto Bay - It was done. That was before Ordinance 2023-12.

July 22, 2024, Coral Reef Park and the Mangowood community have a morning wake up alarm. feral chickens in Leanne's Palmetto Bay. Seen today at McDonalds at 183 St. Looks like she is ready for the fryer; giving up, fatigued from the false promises of the vice mayor & council. If only it could vote

Join the ride 43, 22 0r 12 this Sat, 10-19 – BISCAYNE-EVERGLADES GREENWAY – detailed information listed on the flier

Join me at the Homestead Sports Complex this Saturday, October 19, 2024, for the EBC/Bike305 BISCAYNE-EVERGLADES GREENWAY Rides. Registration starts at 7:30 AM and last through 8:15 AM.

Choose your ride - 3 to choose from - 43, 22 and 12. See the flier for more information.

ALL RIDES ARE FREE!

I will be one of the ride leaders for the 22 mile route (route photos below). Jump in. Have I ever led you astray? It will be fun.

22 mile route standard view

22 mile route satellite view

Official bullying in Palmetto Bay - voters have a chance to change the culture from toxic to community

This council acts like high school bullies. It has not escaped notice that there are members of the "in crowd" granted rights above all others.  

Read some of the comments on community Facebook sites (where residents can speak without fear of retaliation) - one recent comment:

If anyone does not believe the extent of the bullying in our council (and there are three bullies), please watch the videos of past council meetings and you will see it for yourself. The worst kinds of role models for our kids.

Comments from a resident troubled by this council. Far from #PalmettoBayProud

(Editor's note - original source of video :A Better Palmetto Bay. No claim made as to the author of the letter read by the Clerk or any statements from the mayor, village council members or the village attorney)

Note that at 0.44 – mayor Cunningham stops the clerk from reading the resident’s comments and attempts to squelch the opinion being read.

Note further -  The Mayor solicited a legal opinion from the Village attorney to try to stop the reading of the comment.  0.51 The Village Attorney opined that the comments contained in that letter were protected.  Not getting the opinion she was seeking, she cuts off the village attorney from completing his statement regarding this item of first amendment right.

Of course the mayor and a majority of the council stopped any further embarrassment by voting to remove the reading of any emails at future council meetings, but that is another unfortunate situation to be discussed at another time. 

My opinion is that under this current mayor and council; its not what is said, but who says it.

Elections matter.  Your vote is important.  We incorporated Palmetto Bay to serve ALL residents, not the insider approved few.  

This is not an isolated incident - please take the time to review this PRIOR RELATED POST:  

June 4, 2024, Council Member Dr. Marsha Matson said it best - "No second for anti-bullying - wow"

But the mayor and other members of the Village Council say no - in the worst way - too chicken to second and publicly discuss the bullying and combating bullying in Palmetto Bay. And to what? Here is what they even refused to discuss: item 14-F of the agenda for the regular village council meeting of Monday, June 3, 2024.  This was a simple resolution sponsored by Dr. Matson:

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL
OF THE VILLAGE OF PALMETTO BAY, FLORIDA;
AUTHORIZING THE VILLAGE MANAGER TO DONATE TO
THE VILLAGE’S YOUTH COMMUNITY INVOLVEMENT TASK
FORCE FIFTEEN HUNDRED DOLLARS ($1,500.00) FOR
THE PURCHASE AND INSTALLATION OF ONE (1) BUDDY
BENCH FOR ITS ANTI-BULLYING PROJECT, AND TO TAKE
ADVANTAGE OF RECEIVING A SECOND “BUY ONE, GET
ONE FREE” BUDDY BENCH; TO JOIN WITH THE TASK
FORCE IN OPPOSING BULLYING AT VILLAGE PARKS AND
PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Sponsored by Councilmember Marsha Matson)

The resolution merely sought support for a $1,500 contribution from the village for the Buddy Bench - a project that is being sponsored by Dr. Matson. Council Member Matson moved it forward but it failed for lack of a second.  The council had previously been in support of Buddy Benches, but apparently not if it is sponsored by Dr. Matson. 

That means the request was DENIED.  In effect - each and every member of the village council - other than Dr. Matson - opposed this request.

How's that for institutionalized bullying? #PalmettoBayProud

Words that hurt - political advertisement in Palmetto Bay - anti-bullying

An interesting political advertisement.  This blog has covered bullying in Palmetto Bay. The people in this video are actual Palmetto Bay residents - stating their own opinions and experiences.

PRIOR RELATED POST -  Palmetto Bay News - Op-Ed: Rudeness and bullying should not be the norm in Palmetto Bay By Marsha Matson, Village of Palmetto Bay Councilmember, District 3 -May 8, 2024 

Campaign lies exposed. Get the facts and avoid campaign lies. A great purchase for the village.

Campaign lies exposed.  Here are the facts about the purchase of the eastern portion of the Shores property. Look for the second part to be released soon as to why did the council refuse to sell the property back to the seller if it was such a bad deal.

Three members of the 2017 village council voted to purchase 2.0 (+) acres of the eastern end of the Shores property that was specifically described as “… essentially the school site and OTHER ROAD RIGHT-OF-WAYS ….” (emphasis added). It is very clear. Only the spin and lack of research (or honesty) is being put out there.  As the Hon. Dexter Lehtinen, the village attorney who negotiated and approved the transaction, would say: read the property deed if you want to know what was purchased.

Please review the entire resolution. CLICK HERE to view village resolution 2017-142.  Facts are facts. Get the facts.

This is not the first time .  Read my prior post of October 28, 2019, Village Council Chaos - Interaction with Village Attorney at a council meeting - Village Mayor & Council: You have been told repeatedly. You are the voting body. You have responsibilities of reading and knowing what you are voting on. It appears that lightning does strike twice in regards to this mayor and council, as once again, I find myself reminding this current mayor and council:

STOP AVOIDING RESPONSIBILITY; THE BUCK STOPS WITH THE MAYOR AND VILLAGE COUNCIL MEMBERS

Don't blame staff, the Village Manager or the Village Attorney. Neither sets policy. The bottom line – the council has always been kept up to date. Council Members can pick up the phone can call or personally meet with any Charter Officer about any item of concern. They were told at all time – were always kept in the loop. As stated by Attorney Lehtinen, it is the council who votes – and they have the responsibility to listen to what they are told; to read and understand what they are voting on.

Only the substances of the controversy changes. But then again, “a leopard never changes its spots”. It continues to be apparent to me that drama, chaos and lack of civility from members of this current village council remain the preferred method of official business in Palmetto Bay.

Oh, and a very, very interesting aside – please CLICK HERE to view Palmetto Bay Development Order from a 2014 zoning hearing where then Mayor Stanczyk and the 2014 council APPROVED a 1,400 seat charter school on part of the site later purchased by Palmetto Bay in 2018. (Note that this charter school could not be eliminated once approved, but it was later reduced by 400 student stations under me in 2015.) The Stanczyk council determined in this order that "... based on substantial competent evidence in the record, that the application for the charter school is consistent with the Village of Palmetto Bay's Comprehensive Plan and the applicable Land Development Regulations." 

The facts are facts that the purchase of these 2.0 acres of school site and right of way saved Palmetto Bay from the Stanczyk approved charter school as I placed a covenant in the land that remained under the Shores ownership that prohibits a charter school. The current mayor, village council member and village staff appear to be silent on that important fact, but then again, they retain credit regardless of where that lies and cast blame upon anyone but themselves. Shame on them and shame on candidate who lie.

There is hope - sometimes the good bear wins - In a thrilling rematch, the winner of Fat Bear Week 2024 is … By Forrest Brown, CNN

128 Grazer won once again – which made my daughter and the students in her class very happy.  As reported by CNN - In a thrilling rematch, the winner of Fat Bear Week 2024 is …  by Forrest Brown, CNN. This was a very personal rematch from last year, 128 Grazer and 32 Chunk faced off again in the final round of 2024’s Fat Bear Week contest.

Why was the final of this match up billed as “very personal”? 

128 Grazer was mothering two cubs.  32 Chuck in the dominant male bear of the area. In July 2024, both of her first-year cubs were swept over the Brook Falls. The rushing water in the Brooks River swept both cubs toward 32 Chunk. Unfortunately for the cubs, Chunk attacked them and was able to severely injure one of the cubs before mother Grazer could rescue them. That cub later died from its injuries.

The surviving cub, called 128’s Spring Cub, was a contender in the 2024 Fat Bear Junior contest held in late September. That contest was won by 909Jr., a “large-bodied nearly 4-year-old female cub.”

Photo source - credit: Explore.org

NOTE: The contest is held by Katmai National Park & Preserve to promote public awareness about the wild brown bears of Alaska. Like scenic drives to see the changing leaves, it’s become a popular fall ritual in the United States and around the world.

And now for something on the lighter side – Today is Fat Bear Tuesday. Your vote counts! You have until 9 PM Eastern to vote.

 Actually, this is anything but light – this is all about the fat bear. It is educational.

 This is the match up we've all been waiting for! (not really, the favorite of my daughter’s class lost in an earlier round, teaching the kids that sometime bad bears win!)

The final round of Fat Bear Week takes place today, Fat Bear Tuesday, and features a face-off between 128 'Grazer' and 32 'Chunk!' This is an educational event.  My daughter’s class has been participating throughout this entire event.

You are asked to vote for the fattest bear of the year! Please research your candidate on the website.  These bears are located at Katmai National Park in Alaska.

This is an environmental education event.  Some of the largest brown bears on Earth make their home at Brooks River in Katmai National Park, Alaska. Brown bears get fat to survive, and Fat Bear Week is an annual tournament celebrating their success in preparation for winter hibernation. Matchups are open for voting October 2 - 8 between 12 - 9  p.m. Eastern (9 a.m. - 6 p.m. Pacific).

The students have been participating in this single elimination tournament where they voted for the bear in each match-up that they believed best exemplifies fatness and success in brown bears.

Have a little fun – and help my daughter’s class in their quest to have 128 Grazer Crowned Fat Bear Week Champion

From the website - Why are fat bears important?

Katmai’s brown bears are fattest in late summer and early fall. It is the end-product of a summer-long effort to satisfy their profound hunger and prepare for winter hibernation. During hibernation, bears do not eat or drink and lose one-third of their body weight. Their winter survival depends on accumulating ample fat reserves before entering the den.

To get fat, bears gorge on the richest and most accessible foods they can find. In Katmai National Park that often means salmon. Dozens of bears gather at Brooks River to feast on salmon from late June until mid October. Perhaps no other river on Earth offers bears the chance to feed on salmon for so long.

Fat bears are successful bears. They exemplify the richness of Katmai National Park and Bristol Bay, Alaska, a wild region that is home to more brown bears than people and the largest, healthiest runs of sockeye salmon left on the planet.

Go to the website and vote for 128 'Grazer'

Correct sandbag usage important to protect Tampa Bay area homes (and your Palmetto Bay home) - Sandbagging 101 - WFLA News Channel 8

Sandbagging is a strenuous activity.  

This information is useful for those planning to place sandbags at their homes.

Don't forget your plastic liners. 

How much a sandbag weighs depends on the size of the bag, the fill material, and how full the bag is. But, a standard 14-inch-by-26-inch sandbag typically weighs 30-50 pounds when properly filled. So be careful placing the sandbags in or removing them from your car - as well as placement and removal.

Update - Roosters taking root in Palmetto Bay

The non-native population of chickens and roosters continue to grown rapidly here in Palmetto Bay.  A fellow resident posted the following regarding chickens in Palmetto Bay Park on Next Door - I am posting part here for content, but protecting her identity:

Hello Neighbors. I had posted about my love of animals (even the ones I would never want to touch), and I have found a couple beautiful roosters and chickens that were dumped in the Palmetto Bay Park near my home. I would love to know that someone could catch them and give them a safe home. Please contact me if I can help you catch them.

I would never ever want them to be tortured and killed like the ducks in our park.

(bold emphasis added)

Note how this animal lover fears that harm may come to these hens and rosters much like the mayhem that Palmetto Bay Officials caused to the ducks at Coral Reef Park.

Some interesting and telling comments to the post:

I bring them rice etc. but they don’t belong in the park and someone’s gonna hurt them. I don’t know about you but I’ve lived here 32 years and not until this past year did I see them

***   ***   *** 

I've seen those in the area for a while (over a year) . Don't think they were dumped. I do believe they are cared for by someone in the area.

Note that many people raised chickens in Palmetto Bay long before the Vice Mayor promoted Ordinance 2023-12, but we have seen an explosion of chickens and roosters establishing feral locations since this law. Some call the non-native loose roosters nature's alarm clocks while others simply refer to them as a nuisance. I even heard from a chicken keeper that she fears roosters visiting her hen house and fertilizing the eggs. No one wants to crack open a fertilized egg. Ordinance 2023-12 may have been well intentioned, but it was not well thought out or implemented.

Prior RELATED POSTS:

August 14, 2024, Reader submissions - Chickens & Roosters multiplying at Coral Reef Park - non-native species appear to be thriving.

August 1, 2024, Chickens can be raised properly in Palmetto Bay - It was done. That was before Ordinance 2023-12.

July 22, 2024, Coral Reef Park and the Mangowood community have a morning wake up alarm.

The Fairchild Subdivision Order is now final - no motion for rehearing was timely filed. My opinion as to what it means for the Village. This order reflects poorly on the Village.

“… (Palmetto Bay elected officials) failed to follow the essential requirements of the law, rendered a decision wholly unsupported by competent substantial evidence and subjected Petitioner to reverse spot zoning that resulted in a confiscatory taking of its real property.”

This is not an order that makes Village residents proud. It is a very strong indictment of a poorly run hearing. Or, in my opinion, so ruled the three judge panel of the Appellate Division of the Eleventh Judicial Circuit on September 10, 2024, in the case of FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, 2023-000033-AP-01

The  ruling of the Court was accepted by the village officials without contest when they decided not to contest it by filing a motion for rehearing or clarification. The mandate has been issued (pictured right). This is good for the taxpayers, but bad for the village’s reputation. Perhaps village legal council advised the mayor and council that they had no chance and to finally quit wasting taxpayer dollars on useless litigation. The Village taxpayers should thank whoever convinced this council to accept the ruling of the court, drop the foolishness and, most importantly, not waste more time and village tax dollars in this matter. This matter will come back before the Village Council for a redo - consistent with the Order.

WHAT WAS AT ISSUE?: The issue for the zoning hearing was simple – the Property is designated as “low density residential” on the Village comp plan. The property is currently zoned agricultural. This property is located at 9000 SW 174 Street – firmly ensconced on a low density residential area.  It is a small property, too small for the agricultural designation and, in fact, this property is NOT an active agricultural use – it is currently a single home, one of the last pieces of property that once made up a vibrant mango grove (this ended long before Palmetto Bay was even an idea).  This was not an application for high density apartments. To the contrary – the applicant sought to built homes at one dwelling (single family home) per 15,000 net feet of land (same as surrounding homes).

I had posted about this recent order back on September 11, 2024 – See PRIOR RELATED POST - Fully unfavorable decision rendered against the Village of Palmetto Bay by the court in FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, 2023-000033-AP-01. As I stated then, This decision hurts. You can’t spin it, though I am sure they will try. I was wrong. Even the village team of spin doctors did not want to try and touch this one. Instead they hope you don’t notice.

The order is now final. So what is the damage?  Here are the findings of the court that are now accepted:

The most outrageous statement comes from Mayor Cunningham – this opinion singles her out for opposing the rezoning because there is “nothing really that requires us to change the zoning.” (top of page 5 of the opinion) Wrong! This statement was featured as part of how the court determined that she, as part of the entire council, failed to follow the essential requirements of law. (The mayor and council also failed to follow the Staff recommendation as well as the recommendations of the Village Attorney). Yes, despite that fact that she has been on the counsel since 2015, she has yet to figure out the Code or her responsibilities of actually following the Code or the law. Some may say, don’t blame her, she’s not an attorney.  But two members of the Village Council do have law degrees, and even though neither practice law, both also were also outed by the court for failing to follow the Village Code as well as the essential requirements of law. Further, these two council members failed the community by not engaging any legal common sense and by not directing the mayor to focus on the facts of the application and to properly apply the Village Code and the Law. This is part of a never ending pattern of ignoring the law – see December 13, 2023, Court slaps down Palmetto Bay's zoning appeal -- more units for Old Cutler Road

The Court was strong in the language. See page 11-12 of the Fairchild order, where the court discussed how wrong she/they is/are on their failure to follow the law. The Court reviewed Palmetto Bay’s Code of Ordinances (which the mayor had significant input on crafting) – section 30-30.7 in this case where the Process and Criteria for review are enumerated. The court noted how none – NONE – of the council members [including the mayor – questioned the applicant on any of the enumerated criteria (bottom of page 13 of the order)], but instead focused on irrelevant issues.  The court determined that the mayor and council – they all - failed to follow the essential requirements of law.

The Village really cannot recover from this opinion (along with the beat down received in the Palmetto Bay Village Center cases).  But the voters can replace two of the offending council members next month and bring fresh perspective along with people who will properly follow the Village’s Codes and Law. 

As detailed on page 17 of the order, the judges determined that they were “constrained to find that the Council unjustifiably applied their own unenumerated criteria in denying (the applicant’s} rezoning application, In so doing, the Council Also disregarded the Village’s Comprehensive Plan ….” [legalese for the court finding that the Mayor and Council made up their own rules that were inconsistent (contrary to) the law].

Accordingly, the Village failed to follow the essential requirements of law.  (page 17 of the order, bold emphasis added)

The Village Officials are accepting their failures while hoping that no one will notice. (Obviously because it is not election time).

Take notice voters! Zoning is an essential function of the Village Council. Their continued failures cost you in higher taxes and bad zoning decisions.