Hershey's Kiss Christmas Commercial HD

An all time Christmas favorite - far a commercials go.  Just posting for fun.  Enjoy.

Now armed with a strong appellate decision in their favor, is the stage set for victory by Fairchild Subdivision applicant against Palmetto Bay?

Are Palmetto Bay officials about to take an additional loss in regard to the Fairchild Subdivision zoning application? (CLICK HERE to view prior related articles relating to FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY.)

Little has been said (I think nothing has been said) by the Palmetto Bay PR machine relating to the second case pending at the Circuit Court level.  This case is also styled  FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, but has been pending before a trial court under case number 2023-016828-CA-01. This case was heading to trial; the trial judge having denied cross motions for summary Judgments filed by each party back in late June, 2024.

EDITOR’S NOTE: What is a summary Judgment? : Summary judgment is a procedure used in civil lawsuits to fast track the litigation process and avoid unnecessary trials in those cases where there are no genuine disputes as to any material fact, and the moving party is entitled to judgment as a matter of law.

It appears that the Plaintiffs will be making a renewed attempt to secure a summary judgment in their favor (win) and avoid trial. This appears to be based upon the Order rendered by the Appellate Division, fully favorable to the plaintiff, slamming the Village of Palmetto Bay. 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 

The new Plaintiffs may argue that this appellate decision changes everything – and that the prior denial of their motion for Summary Judgment should be reconsidered in light of the Appellate Court ruling that Palmetto Bay 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 was a damning opinion and it was not contested by the village officials – they accepted the findings of that order without seeking a rehearing or appeal.

This hearing is presently set for December 3, 2024, at 9:30 AM. Before the Honorable Spencer Eig. Things are getting interesting once again – and interesting is not often good for the Village of Palmetto Bay.

The details (for those who like to take deeper dives):
Each side had filed their own motions for Summary Judgment in this case.  Fairchild Bay filed its motion on September 28, 2023. Palmetto Bay filed its motion for Summary Judgment on November 29, 2023.  The Trial Judge had DENIED the summary judgments filed by both Fairchild Bay and Palmetto Bay by order dated June 28, 2024.  The appellate order was released months later, on September 10, 2024.

So what has changed since those orders?

First of all, the parties have changed.  The ownership rights of the property has changes.  On February 22, 2024, the ownership of the Property was transferred from FAIRCHILD BAY SUBDIVISION LLC to Marcos R. Becari. Thereafter, on July 24, 2024, the ownership was transferred to Marcos R. Becari and Ann E.Becari as life tenants. As a result, Marcos R. Becari and Ann E. Becari have succeeded to all rights, title, and interest in the subject matter of this action.

The next big question is whether the named individuals are actually new parties or did they simply dissolve the LLC and step in individually? Also, will the new parties be more willing to work with this council or will they will take a harder line, especially armed with the recent appellate order?

We will wait and see.  The hearing is set for Tuesday, December 3 at 9:30 AM – which is Judge Eig’s standard Motion Calendar schedule.  Motions for summary judgments usually require a special set as they take longer than a simple 5 minute motion. Perhaps this is a hearing to discuss the appellate order and to discuss when to specially set the summary judgment motion for rehearing based upon the order.

About Fairchild Bay Subdivison LLC – this was a Florida Corporation that has been administrative dissolved, no longer in existence. The only officer listed was Sainz Homes, as manager and registered agent.

Mrs. Sainz, identified as the Petitioner's representative (Fairchild Bay Subdivison LLC), had testified before the Palmetto Bay Council that the Petitioner intended to subdivide the property; build two homes for the owners and have two single family homes available for sale.

I am unaware of the specifics as to the prior relationship, if any, Marcos R. Becari and Ann E. Becari, to the original applicant/Petitioner Fairchild Bay Subdivison LLC, or if this impacts the prior representation that two of the homes would be for owners or if all homes are to be developed and sold to unrelated parties.

The election results have been certified - and now its official: 24-Year-Old Mark Merwitzer Becomes Youngest Vice Mayor In Palmetto Bay’s History

A new generation is stepping up to lead.  These are exciting times for Palmetto Bay. 

The election was certified last Friday so the results are now official. 

Mark's hard work and perseverance paid off in the face of vicious rumors and baseless attacks. He ran an outstanding positive campaign based upon his qualifications and vision for our community.

As reported in the Palmetto Bay News: Mark’s campaign was considered a long shot. He faced an incumbent vice mayor supported by influential figures like the county mayor, local school board member, village mayor, and current and former Palmetto Bay and Pinecrest councilmembers, to name a few. Despite these odds and running against an opponent funded by political action committees, his grassroots campaign resonated with voters eager for change.

Perhaps his biggest challenge will be working with Council Member Dr. Marsha Matson to restore civility, accountability and transparency to Palmetto Bay.

Vice Mayor elect shows class and thanks his fellow residents. We look forward to great things in the years ahead

 A very nice thank you from Vice Mayor Elect Merwitzer.  I would expect no less as he is a product of this fine village:

Hello Gene,   I am truly humbled and deeply grateful for the trust you've placed in me as your new Vice Mayor. This victory belongs to each and every one of you who believed in a brighter, bolder future for our village. Together, we have shown that when a community comes together, we can create meaningful change. To my incredible volunteers, friends, and neighbors who walked with me, knocked on doors, made calls, and shared their enthusiasm — thank you from the bottom of my heart. Your support and belief in our vision for Palmetto Bay have made all the difference. Now, the work begins. I am committed to delivering on our promises—from traffic solutions to preserving our green spaces, reinstating the Neighborhood Protection Committee, and ensuring that every voice in our community is heard. This is just the start, and I am excited to work alongside each of you to move our village forward. As a small request, if you have a yard sign supporting our campaign, please take it down as soon as possible. Lastly, I encourage everyone to stay engaged. Let's continue to build a village that listens, learns, and grows together. I’m always here to hear your thoughts and concerns. Please feel free to reach out anytime at mark@markmerwitzer.com or via phone at 786-309-6743. Thank you once again for your trust and support. Let's continue to make Palmetto Bay a place we are all proud to call home. With gratitude and optimism, Mark Merwitzer Vice Mayor Elect of Palmetto Bay

Exciting times - 24 year old Mark Merwitzer - Palmetto Bay's next vice mayor

A great story for Palmetto Bay. Mark Merwitzer has been elected as Palmetto Bay's next Vice Mayor. 

Vice Mayor Elect Merwitzer was an original member of Palmetto Bay's Youth Advisory Board. 

Follow the video link at bottom as well as the story link to view/read great reporting from CBS News WFOR, Channel 4, Miami. Local News, Mark Merwitzer elected Palmetto Bay vice mayor at 24 years old, by Allen Cone, updated on: November 7, 2024.

Congratulations Mark Merwitzer - Palmetto Bay's next Vice Mayor!

 A new generation is stepping up to lead.  Exciting times for Palmetto Bay.  

Mark's hard work and perseverance paid off in the face of vicious rumors and baseless attacks. He ran an outstanding positive campaign based upon his qualifications and vision for our community.

I am excited to see what Mark will accomplish for Palmetto Bay.  He is a true son of Palmetto Bay - born and raised in our fine village. 

Perhaps his biggest challenge will be working with Council Member Dr. Marsha Matson to restore civility, accountability and transparency to Palmetto Bay.

Palmetto Bay campaign - getting physical and out of bounds. Well, I see this uncivil behavior at the polls as a reflection of the uncivil behavior from the current Palmetto Bay Council

Did anyone imagine this type of behavior here in Palmetto Bay?  I am shocked and dismayed.  As reported by the Palmetto Bay Neighbors Alliance in an email of Sunday, November 3, 2024 - supporters of the current council members continue to sink lower in their brutal campaign tactics.  Now the police have been required to get involved. This hurts.  My Palmetto Bay is much better than this. 

Where are the candidates to whom these campaign workers are responsible to either explain or reject this incident?

See below:

PBNA Mission Statement Palmetto Bay Neighbors Alliance is an organization of Palmetto Bay Residents who are actively involved in our community. Their objectives are: Maintaining and improving the quality of life in Palmetto Bay; Keeping the community informed on important issues; and Encouraging residents’ active involvement in their government. Police Stepped In! Dear Neighbors, Palmetto Bay Neighbors Alliance is reporting a disturbing incident that occurred during early voting yesterday at the Palmetto Bay Branch Library during one of the busiest times for our community to cast their ballots. Campaign surrogates working for Leanne Tellam and Steve Cody initiated a physical confrontation by repeatedly shoving another campaign's volunteer. Is this who we want to be? The situation became so severe that multiple police cars had to respond to our library. This sight greeted dozens of our neighbors simply trying to exercise their fundamental right to vote. For nearly an hour, voters had to navigate past law enforcement vehicles and witness police interviews just to access the polling site. Unfortunately, this is not an isolated incident. Multiple campaign workers from different campaigns have reported to us concerning interactions with these specific surrogates who have established a reputation for prior confrontational behavior. The police ultimately had to establish a three-foot separation rule between campaigns, which is a sad commentary on what our local politics has become. Palmetto Bay Neighbors Alliance believes Palmetto Bay can do better. We should be a community where expressing your opinion should never require police intervention. This incident begs the question: do campaigns really need police intervention to prevent assault? Our village is a peaceful place, a bedroom community where families live, children play, and neighbors greet each other with a smile. We are not a village where intimidation and aggression should ever be the norm. When campaigns resort to physical actions, it sends a chilling message to people that they might face hostility if they speak up or get involved. The campaign tactics of Leanne Tellam and Steve Cody and the conduct of their surrogates is an embarrassment to our community. Candidates are responsible for promoting respect and civility among their workers. We all have a role in making Palmetto Bay a reality without violence and intimidation in our politics. Let's choose politicians who heal, not hurt. Let's act in ways that bring us together instead of promoting those who push us apart. If you have concerns or experiences you'd like to share, please feel free to reach out. Your voice matters, and together, we can foster a community we're all proud to call home. This email reflects the opinion of the Palmetto Bay Neighbors Alliance. Sincerely, Palmetto Bay Neighbors Alliance Palmetto Bay Council may be contacted at the following email addresses below: Entire Council council@palmettobay-fl.gov Mayor Karyn Cunningham, kcunningham@palmettobay-fl.gov Vice Mayor Leanne Tellam, ltellam@palmettobay-fl.gov Council District 1 Patrick Fiore, pfiore@palmettobay-fl.gov Council District 2 Steve Cody, scody@palmettobay-fl.gov Council District 3 Marsha Matson, mmatson@palmettobay-fl.gov Village Manager Nick Marano nmarano@palmettobay-fl.gov Village Clerk Missy Arocha, marocha@palmettobay-fl.gov We recognize that not everyone may want to receive this information, and therefore, you can simply click the "unsubscribe" at the end of the communication and we will remove your name from distribution. PALMETTO BAY NEIGHBORS ALLIANCE palmettobayneighborsalliance@pbneighborsalliance.com The opinions expressed are those of Palmetto Bay Neighbors Alliance based on information we believe to be accurate. Questions or your feedback may be sent to the email above.