South Dade Updates. My best method for keeping everyone up to date on important matters affecting our community.
Wednesday, November 20, 2024
Hershey's Kiss Christmas Commercial HD
Tuesday, November 19, 2024
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.
Monday, November 18, 2024
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.
Tuesday, November 12, 2024
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:
|
Sunday, November 10, 2024
Exciting times - 24 year old Mark Merwitzer - Palmetto Bay's next vice mayor
Wednesday, November 6, 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.
Sunday, November 3, 2024
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:
|
Saturday, October 19, 2024
Community Newspapers - Host Michael Miller speaks with Mark Merwitzer, Candidate for Vice Mayor...
Friday, October 18, 2024
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.
Monday, October 14, 2024
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.
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 |
Saturday, October 12, 2024
Official bullying in Palmetto Bay - voters have a chance to change the culture from toxic to community
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.
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
Friday, October 11, 2024
Words that hurt - political advertisement in Palmetto Bay - anti-bullying
Thursday, October 10, 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 |
Tuesday, October 8, 2024
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.
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.
Monday, October 7, 2024
Correct sandbag usage important to protect Tampa Bay area homes (and your Palmetto Bay home) - Sandbagging 101 - WFLA News Channel 8
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.