What have Palmetto Bay officials done in response to the offer to buy back the community center property for $2,950,000?

Palmetto Bay officials - If you don't want a community center, then why have you not returned the property to the seller and reclaimed our investment? An offer was once on the table to swap this land for the full purchase price. I am not understanding the alleged controversy on the Community Center site. 

I have a public record showing that The Shores of Palmetto Bay offered to (in effect) rescind the sale and return the sale price to the Village in exchange for return of the property. (CLICK HERE to download and save your own copy of the 12/20/2018 letter from the Shores of Palmetto Bay, LLC to Palmetto Bay) How often does this occur?

The offer is in the letter: exchange the property for the same price - $2,950,000.00 - or nearly $3 million. This would go a long way toward plugging the recent and deep deficit Palmetto Bay finds itself in a mere two years. The entire price is not even for the entire property, Palmetto Bay would still retain the dedicated right of way. 

Simple math - principal payment of $2,950,000.00 to purchase the property - $2,950,000.00 returned to the village when the village returns the property back to the prior seller. 

SPECIAL NOTE: Now before they all get excited, the letter, this deal, is not contingent upon allowing a charter school. He may intend to OFFER it for a charter school, but a sale of property does not constitute a zoning approval for a Charter School. 

Fair question: What has the current mayor (or anyone else for that matter) done insofar as due diligence on this offer? Any counter offers? Or is this yet another case of inaction allowing a benefit to our Palmetto Bay community to slip through their fingers? I don't want to hear rumor, conjecture, finger pointing or excuses. $3 million deals are done with paper (including electronic means). I want to see the actual communications. The lack of public records would be very telling; that there is no follow up, follow through or advocacy by this current administration in protecting the rights of those in our village.

I believe that the village should keep the property and should follow through on the community center. 

EDITOR'S NOTE - AN IMPORTANT READ: See: September 23, 2020, Palmetto Bay Charter - Citizens' Bill of Rights - requires Truth in Government by our elected officials and employees:

No Palmetto Bay official (Mayor, Vice Mayor and Members of the Council) or employees of the Village of Palmetto Bay may play fast and loose with the truth, misrepresenting the truth or twist facts to suit their political purpose. They are required by the Palmetto Bay Village Charter to speak the truth and not a filtered or convenient truth. This is the law in Palmetto Bay: “No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public.”

"Curiouser and curiouser" - it appears that the new council will get its wish - no community center in a commercial area, recovery of the money spent on that land, and the delivery of a charter school they alleged was never going to happen.

This was quite an unexpected letter. One might say "curiouser and curiouser." I am looking forward to the response from the Mayor and remainder of the Village Council.  Ho Ho Ho - for Christmas, the current Mayor and Village Council may bring us - a charter school!

We have continuously been told (assured?) by the current mayor and vice mayor as well as their supporters that a Charter School was never going to go there.  If true, than this letter can be described as the $2,950,00 bluff or the $2,950,00 double down.

My fear is that the Charter School is close to happening. Why? I 'm counting past votes.  Here is what I am considering - and you should as well:

• 2 current members of this village council - Vice Mayor DuBois and returning council member Patrick Fiore voted IN FAVOR of the charter school back in 2014 - see zoning resolution, 2014-30, approved March 17, 2014 as discussed in background provided far below.  
• 2 current members of the council - current Mayor Karyn Cunningham and Vice Mayor DuBois voted against purchasing the land away from the charter school. 
• Candidate and now council member Marsha Matson was publicly opposed to the purchase of this land away from the charter school.

CLICK HERE to download and review the entire December 20, 2018 correspondence from the developer of the Shores of Palmetto Bay LLC to the Mayor and Council. Please pay particular attention to the second paragraph of this letter: 

Shores of Palmetto Bay LLC ("Buyer") would be willing to acquire the School Site from the Seller (Palmetto Bay) for case for the same price ($2,950,000) that the Seller purchased the School Site in 2018.

Note further that this is a conditional offer - make no mistake about it - the specifics are clearly defined:

"The closing would occur upon issuance of site plan and building permits for the charter school on the School Site."

This intent to put a charter school on this property is clear: 

"We (meaning the "Buyer") have a high performing charter school organization that is ready to commence development and construction permitting of the 1,400 student charter school."

The campaigns are over and now it is time for delivery. Its time to put up or (be quiet).

I will note that, in my opinion, this is/was the last piece of property available to keep the promise of the Community Center - part of the strategic parks master plan of 2007. I doubt that the community wants a Community Center to be placed deep into a residential neighborhood.   This property would also serve our community well as a multi-modal transportation center, but there appears to be no vision, no will, for anything to happen that would serve our community.

Well, we're waiting!

BACKGROUND RELATING TO THE CHARTER SCHOOL - I am providing some background on the long and winding history of the Charter School. CLICK HERE to review some prior blog posts, but for those who don't like to research I offer the following: 

The facts are undisputed that David Singer, Larissa Seigel Lara and I removed the Charter School through the only legal means possible: we purchased the property out from under them and negotiated a private (and enforceable) covenant with the owner of the remaining property that no school would go on the remaining property.

So what are the facts about the Charter School? I put out the facts during the campaign as as part of my rumor control. I posted the zoning resolution, 2014-30, approved March 17, 2014, that cleared the way for a 1,400 seat Charter School to be located at the "third parcel from the NE corner of SW 97th Avenue and SW 180th Street, Palmetto Bay" - that's legalese for identifying the Shores property.  (CLICK HERE and review in detail). The Zoning resolution was signed by then Mayor Shelley Stanczyk based upon the unanimous 5-0 vote of that Village Council - Voting yes were then mayor Shelley Stanczyk, Vice Mayor John DuBois and the council members serving on that council: Patrick Fiore, Tim Schaffer & Joan Lindsay. The Village attorney at that time was John R Herin, Jr., Esquire.

Note the findings made by Mayor Stanczyk and the Council regarding the Charter School:

"That the Mayor and Village Council find, 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."

Page 1, lines 20 - 22 & 34 - 35. 

'b. The rules that govern the conditions upon which a charter school is permitted to be configured and operated are found at Section 30-120 of the LDC "Public Charter School Facilities." After hearing the applicant and the applicant's experts, the Village Council finds the charter school request consistent with those standards.'  

Page 1, lines 37 - 40. 

 "c. The Applicant’s traffic study indicates that the number of trips generated by the proposed use does not cause the adjacent roadway to exceed the maximum capacity thresholds establish by Miami-Dade County. The Village's traffic engineering consultant and the Traffic Engineering Division of Miami-Dade County accept this finding with conditions as noted in the staff report."  

Page 1, lines 42 - 46. 

Again, all this information is available online throughout the official village archives, my past blog posts and official Miami-Dade County Court records.

Councilwoman Joan Lindsay states on the record: " I think we need a community center in the Village." Locating the Community Center at the exact location we now own. Discussing a “livable” downtown. Please note: This means ‘residential units’.

I am so pleased to be part of the 3-2 slim majority to take positive action and lock down a prime site for our Community Center.  We almost missed this opportunity, an opportunity that the prior council failed to capitalize on.  The transcripts serve to clear up the misconceptions and provide a factual background supporting the Votes of Council Members David Singer, Larissa Seigel Lara and myself to protect our community.    

The statements of former councilwoman Joan Lindsay are important to viewing just how serious the Stanczyk council was to a Community Center.  Councilwoman Lindsay started her activism in Palmetto Bay as one of the founders of Concerned Citizens of Old Cutler, INC.(CCOC) and was one of the leaders of the "Save Our Palmetto Bay" campaign against the Palmer Trinity School expansion.  

The recovered transcripts are helpful to demonstrate that support that the former CCOC members actually supported the Parks Master Plan of the prior council and the Community Center located between Franjo Road and Perrine Park (now Palmetto Bay Park).

Editor's note:  I encourage everyone to completely read the entire transcript and compare what this group discuss when outside the view of the public (shade sessions are held behind closed doors) and when they thought no one would ever read their statements.  The comments made certainly contrast sharply with public comments and the e-mails put out under the CCOC group name.  

The excerpts below are quoted from the Monday, March 4, 2013 "Shade Session" transcript (CLICK HERE to download and view) - (then) Councilwoman Joan Lindsay also confirms that the community center is something that 'the people want' and further that it belongs on the property we recently purchased.

Please read the complete transcript to view all the detailed discussion.

Page 24, beginning line 23, and followed onto page 24, Ms. Lindsay:

"I thought for a long time that it was in the best interest of the Village to acquire that property.

I think we need a community center in the Village. I think the plans that our staff and the Manager has put forward in the past about having Franjo Avenue be our Downtown thoughfare, having a walkable Downtown with small shops, great restaurants and a place to -- you know -- have the community come together and, as they do in South Miami, I think would be a big benefit to this area.

And I think purchasing that property would also show people who own property in the triangle and this entire area that we are serious about moving forward and making this the workable, livable Downtown are that we have talked about -- walkable Downtown area."
                             *  *  *
Beginning page 25, line 22: 

"And this is my District. And I hear from these people perhaps more often that some of you."
_________________________

The purchase of the portion of the Shores property was a good one, as evidenced by the statements and behind the scenes planning of the Stanczyk council.

We almost missed this opportunity.  This property was obtained as a result of a thin 3-2 vote.

The Palmetto Bay Community was nearly robbed of the chance to be apprised of the strong support that the prior Palmetto Bay Council, specifically including Shelley Stanczyk and Joan Lindsay, had for purchase of this property to remove the charter school, build a community center, enhance the walkable residential downtown area.

Thank you Shelly and Joan, for your statements of support as contained in these transcripts regarding resolving the issue and bringing a Community Center to our downtown area.

Mayor Stanczyk states on the record: "A community center is something they are asking for. They have come out and asked for it, not because they were prodded." Locating the Community Center at the exact location we now own.

Excerpt from the Monday, March 4, 2013 "Shade Session" transcript (CLICK HERE to download and view) - (then) Mayor Shelley Stanczyk reveals that the community center is something that 'the people want' and further that it belongs on the property we recently purchased.

Note some very important differences from what the Stanczyk council wanted - they were talking about purchasing the entire property for $5-6 million (it never happened).

Councilman David Singer's proposal purchased only the property we need to build this community center (exactly where the Stanczyk council was discussing placing it).  Additionally, we obtained a covenant that is now attached to the remaining property, NEVER to build a Charter School, and a private developer added investment to the Downtown area.

But don't take my word for it, read Mayor Shelley Stanczyk's own remarks: Page 30, beginning line 15:

Over the past couple of years the community surrounding the park has come to me on a number of occasions.

I have an email I got this morning asking us to buy the land. At the town hall meeting it was brought up:

“buy the land.“

People in this end of town, yes. We have a town that has different sites to it. But we serve all.

We are here elected by all to serve. And because this is at one end of town it will serve all.

A community center is something they are asking for. They have come out and asked for it, not because they were podded.

They came to us. They came to us last year and asked. So that this—

This is something that the community desires. This is their tax dollars. This is their community.

We are only stewards. So I think in listening to them and listening to what they see their future in using their community as it services them.

But it also brings us to the vision that was seen by the other Council's and the vision is coming forward in many communities across this country where older neighborhoods are being redone, rebuilt

All boldface emphasis added.

So there it is. This is more vindication of our current position and exposure of deception from the past administration. Case closed, but more to come anyway.