UPDATE Tallahassee Legislative Agenda 2022 – current money listed in SB 2500 (updated 2-17-2022), now under HB 5001 - Appropriations: what local cities have money listed at the present time in the House/Senate versions.

IMPORTANT NOTE:     Everything is subject to change. Appropriations can and will change. And even money passed in the final budget are not final until after the Governor approves the budget. The governor can and does exercise line item vetoes - where individual appropriations are removed.

CLICK HERE to view the current SB 2500 -  Appropriations (you can search the document by name to see who has what listed to date) CLICK HERE to view HB 5001

SB 2500 (2022) Appropriations
    http://www.flsenate.gov/Session/Bill/2022/02500
    SENATE - Substituted HB 5001
    SENATE - Laid on Table, refer to HB 5001

WHO HAS APPROPRIATIONS LISTED (Note that this is a very representative sample of neighboring municipalities as HB 5001 is currently 448 pages long):

Under HB 5001, there are some key differences from SB 2500:

           Coral Gables:
House Bill 5001:
975,000  Coral Gables Mobility Hub (HB 2637)
187,500  Coral Gables Citywide Septic to Sewer Conversion Assessment (HB 2639)
250,000  Coral Gables Stormwater Master Plan (HB 2641)
375,000  Coral Gables - Restoration of Historic Gondola Building  (HB 4173)

Senate Bill 2500:
375,000  Coral Gables Citywide Septic to Sewer Conversion  Assessment (Senate Form 1250)
500,000 Coral Gables Legacy Sewer System Repair and Replacement Project (Senate Form 2612)
500,000 Coral Gables Stormwater Master Plan (Senate Form 1251)

           Cutler Bay:
House Bill 5001:
(No items are currently listed as funded under HB 5001)

Senate Bill 2500:
520,000  Marlin Road Improvement Project - Cutler Bay (Senate Form  2608)
100,000  Town of Cutler Bay - Active Adults Services (Senate Form 2020) 

           Doral:
House Bill 5001:
125,000  Doral Stormwater Improvements Sub Basin D-3-1 (HB 3179)

Senate Bill 2500:
250,000  Doral Stormwater Improvements Sub Basin D-3-1 (Senate  Form 2496)

           Homestead:
House Bill 5001:
250,000  City of Homestead - Breast Cancer Screening (HB 3661)

Senate Bill 2500:
100,000  City of Homestead - Senior Citizen Programming (Senate Form 1446)

           Miami Lakes:
House Bill 5001:
500,000  Miami Lakes Canal Bank Stabilization Phase III Project  (HB 3507)

Senate Bill 2500:
750,000  Miami Lakes Canal Bank Stabilization Phase III Project (Senate Form 1328)

           North Bay Village:
House Bill 5001:
150,000  North Bay Village Stormwater Inlet Filter Installation (HB 4385)

Senate Bill 2500:
150,000  North Bay Village Stormwater Inlet Filter Installation (Senate Form 1757)
250,000  North Bay Village Wastewater Pump Station Improvements  (Senate Form 1758)

           North Miami:
House Bill 5001:
200,000  North Miami Pedestrian Bridge Over C-8 Canal (HB 4613)

Senate Bill 2500:
500,000  North Miami Septic Tank to Sanitary Sewer Conversion (Senate Form 1968)
400,000  North Miami Pedestrian Bridge Over Biscayne (C8) Canal  (Senate Form 2036)

           Palmetto Bay
House Bill 5001:
392,500  Palmetto Bay Sub-Basin 43 Construction (HB 4027)
560,000  Palmetto Bay Sub-Basin 57/96 Construction (HB 4029)

Senate Bill 2500:
(No items are currently listed as funded under SB 2500)

           Pinecrest:
House Bill 5001:
250,000  Pinecrest Stormwater Improvements (HB 4041)

Senate Bill 2500:
500,000  Pinecrest Stormwater Improvements (Senate Form 1321)
500,000  Pinecrest Water Line Extension Project (Senate Form 1560)

           South Miami:
House Bill 5001: 
(No items are currently listed as funded under HB 5001)

Senate Bill 2500:
500,000  City of South Miami New Police Station (Senate Form 1254)

_______________________________________________________

WHAT IS CURRENTLY REQUESTED BY PALMETTO BAY, but is not currently listed within SB 2500?:

Some important money has been requested by Palmetto Bay officials. There are presently three items filed as House Bills, as listed below:

HB 4025 -  Palmetto Bay Sub-Basin 11 Construction
$765,000 Appropriations Project request filed by State Rep. Aloupis
Palmetto Bay Sub-Basin 11 Construction: Provides an appropriation for the Palmetto Bay Sub-Basin 11 Construction.
Effective Date: July 1, 2022
Last Event: Now in Appropriations Committee on Tuesday, January 25, 2022 2:22 PM

HB 4027 - Palmetto Bay Sub-Basin 43 Construction
$785,000 Appropriations Project request filed by State Rep. Aloupis
Palmetto Bay Sub-Basin 43 Construction: Provides an appropriation for the Palmetto Bay Sub-Basin 43 Construction.
Effective Date: July 1, 2022
Last Event: Now in Appropriations Committee on Tuesday, January 25, 2022 2:22 PM

and, finally:

HB 4029 - Palmetto Bay Sub-Basin 57/96 Construction
$1,120,000 Appropriations Project request filed by State Rep. Aloupis
Palmetto Bay Sub-Basin 57/96 Construction: Provides an appropriation for the Palmetto Bay Sub-Basin 57/96 Construction.
Effective Date: July 1, 2022
Last Event: Now in Appropriations Committee on Tuesday, January 25, 2022 2:23 PM

The item of critical importance is that none of the three items above are currently listed as receiving funding within SB 2500 -  Appropriations

General Bill by Appropriations

Appropriations: Providing moneys for the annual period beginning July 1, 2022, and ending June 30, 2023, and supplemental appropriations for the period ending June 30, 2022, to pay salaries, and other expenses, capital outlay - buildings, and other improvements, and for other specified purposes of the various agencies of state government, etc.

Effective Date: Except as otherwise provided herein, this act shall take effect July 1, 2022, or upon becoming law, whichever occurs later; however, if this act becomes law after July 1, 2022, then it shall operate retroactively to July 1, 2022

Last Event: 02/10/22 S Placed on Special Order Calendar, 02/17/22 on Thursday, February 10, 2022 6:17 PM

IMPORTANT DISCLAIMER: The information above is accurate as of 2:00 PM, Friday, 2/11/2022. Information listed via link should be updated automatically by source.

It is important that Palmetto Bay officials get these items funded through the budget. There is significant work to be done.

Tallahassee Legislative Agenda 2022 – current money listed in SB 2500 - Appropriations: what local cities have money listed at the present time. Who doesn’t.

IMPORTANT NOTE:     Everything is subject to change. Appropriations can and will change. And even money passed in the final budget are not final until after the Governor approves the budget. The governor can and does exercise line item vetoes - where individual appropriations are removed.

CLICK HERE to view the current SB 2500 -  Appropriations (you can search the document by name to see who has what listed to date)

WHO HAS APPROPRIATIONS LISTED (Note that this is a very representative sample of neighboring municipalities as SB 2500 is currently 459 pages long):

Coral Gables:
375,000  Coral Gables Citywide Septic to Sewer Conversion  Assessment (Senate Form 1250)
500,000 Coral Gables Legacy Sewer System Repair and Replacement Project (Senate Form 2612)
500,000 Coral Gables Stormwater Master Plan (Senate Form 1251)

Cutler Bay:
520,000  Marlin Road Improvement Project - Cutler Bay (Senate Form  2608)
100,000  Town of Cutler Bay - Active Adults Services (Senate Form 2020) 

Doral:
250,000  Doral Stormwater Improvements Sub Basin D-3-1 (Senate  Form 2496)

Homestead:
100,000  City of Homestead - Senior Citizen Programming (Senate Form 1446)

Miami Lakes
750,000  Miami Lakes Canal Bank Stabilization Phase III Project (Senate Form 1328)

North Bay Village
150,000  North Bay Village Stormwater Inlet Filter Installation (Senate Form 1757)
250,000  North Bay Village Wastewater Pump Station Improvements  (Senate Form 1758)

North Miami
500,000  North Miami Septic Tank to Sanitary Sewer Conversion (Senate Form 1968)
400,000  North Miami Pedestrian Bridge Over Biscayne (C8) Canal  (Senate Form 2036)

Palmetto Bay
(No items are currently listed as funded under SB 2500)

Pinecrest:
500,000  Pinecrest Stormwater Improvements (Senate Form 1321)
500,000  Pinecrest Water Line Extension Project (Senate Form 1560)

South Miami:
500,000  City of South Miami New Police Station (Senate Form 1254)

WHAT IS CURRENTLY REQUESTED BY PALMETTO BAY, but is not currently listed within SB 2500?:

Some important money has been requested by Palmetto Bay officials. There are presently three items filed as House Bills, as listed below:

HB 4025 -  Palmetto Bay Sub-Basin 11 Construction
$765,000 Appropriations Project request filed by State Rep. Aloupis
Palmetto Bay Sub-Basin 11 Construction: Provides an appropriation for the Palmetto Bay Sub-Basin 11 Construction.
Effective Date: July 1, 2022
Last Event: Now in Appropriations Committee on Tuesday, January 25, 2022 2:22 PM

HB 4027 - Palmetto Bay Sub-Basin 43 Construction
$785,000 Appropriations Project request filed by State Rep. Aloupis
Palmetto Bay Sub-Basin 43 Construction: Provides an appropriation for the Palmetto Bay Sub-Basin 43 Construction.
Effective Date: July 1, 2022
Last Event: Now in Appropriations Committee on Tuesday, January 25, 2022 2:22 PM

and, finally:

HB 4029 - Palmetto Bay Sub-Basin 57/96 Construction
$1,120,000 Appropriations Project request filed by State Rep. Aloupis
Palmetto Bay Sub-Basin 57/96 Construction: Provides an appropriation for the Palmetto Bay Sub-Basin 57/96 Construction.
Effective Date: July 1, 2022
Last Event: Now in Appropriations Committee on Tuesday, January 25, 2022 2:23 PM

The item of critical importance is that none of the three items above are currently listed as receiving funding within SB 2500 -  Appropriations

General Bill by Appropriations

Appropriations: Providing moneys for the annual period beginning July 1, 2022, and ending June 30, 2023, and supplemental appropriations for the period ending June 30, 2022, to pay salaries, and other expenses, capital outlay - buildings, and other improvements, and for other specified purposes of the various agencies of state government, etc.

Effective Date: Except as otherwise provided herein, this act shall take effect July 1, 2022, or upon becoming law, whichever occurs later; however, if this act becomes law after July 1, 2022, then it shall operate retroactively to July 1, 2022

Last Event: 02/10/22 S Placed on Special Order Calendar, 02/17/22 on Thursday, February 10, 2022 6:17 PM

IMPORTANT DISCLAIMER: The information above is accurate as of 2:00 PM, Friday, 2/11/2022. Information listed via link should be updated automatically by source.

It is important that Palmetto Bay officials get these items funded through the budget. There is significant work to be done.

Cycling/Rules of the Road update: Changes in Florida Law that impact Motor Vehicles / Bicyclists effective July 1, 2021.

New laws took effect July 1 that impact the motorist / cyclist interaction (perhaps ‘impact’ is a poor choice of words). Regardless, please CLICK HERE to view what is known as Senate Bill 950 (SB 950), it was passed this last legislative session and signed into law on June 29, by Governor Ron DeSantis. I have detailed below some of what is updated under SB 950 including defining a bike lane, 10 cyclists = 1 at a stop sign, 3 foot rule better defined and now provides guidance to a driver as to when and how to pass, even in a no passing zone. There is a new safeguard for cyclists against the ‘right hook’.

What is a Bike Lane? Bike lanes long predated SB 950. Post SB 950, a bike lane is now an area “which is designated by pavement markings and signs for preferential or exclusive use by bicycles.”

Why is this important? (what is not a bike lane)

1. A narrow shoulder (wide areas to the outside of the white line) is not a bike lane. Police or aggrieved motorist can no longer tell bicyclists to ride in the narrow shoulder, claiming it to be a bicycle lane.

2. A Shared Path is not a bike lane. SB 950 resolves any prior confusion. Exclusive use has always been the key. A shared path is NOT a bike lane.

SB 950 does amend (albeit subtly) sec. 316.2065, Florida Statutes, which has always required cyclists to ride in designated bike lanes where provided. The same enumerated exceptions apply. 

I have discussed this issue in prior posts. It is infuriating when motorists yell at cyclists, or worse, give an aggressive brush by, when they (improperly) deem that cyclists should be using shared paths such as the Old Cutler Trail (pictured to the right).  As indicated on the trail map, the path is open to many activities, three of which are depicted on the route info sign: walkers, skaters as well as cyclists (and many do use it). Not pictured, but also heavy users of the Old Cutler Trail (and other similar shared paths): strollers, golf carts, wagons, pet walkers – all kind of users who justifiably also enjoy use of the shared path, but do not mix well with the fast moving cyclists. See PRIOR RELATED POST of June 22, 2021, Palmetto Bay can change the project, but municipal officials cannot change State Law which determines where bicyclists may ride.

Sharing the road – the legal way to overtake a cyclist. The where and how are better defined under SB 950.

The 3 foot rule predated SB 950, but I have yet to hear of any traffic citations having been issued for violations (I am not saying it has not been enforced, I have merely not heard of any specific instances). The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle, or an electric bicycle, must pass the bicycle, other nonmotorized vehicle, or electric bicycle at a safe distance of not less than 3 feet between the vehicle and the bicycle, other nonmotorized vehicle, or electric bicycle. See: Florida Statutes 316.083 (1) (Bold emphasis added)

SB 950 provides specific guidance for motorists overtaking and passing a vehicle.

SB 950 now requires a motorist to remain a safe distance behind the bicyclist if they cannot pass with at least 3 feet distance, until such time that they can.

New to the law, SB 950 also requires drivers to give 3 feet distance when passing a bicyclist traveling in an adjacent bicycle lane (but not a separated bicycle lane).

For drivers of motor vehicles – frustration reduction – Many drivers would (justifiably) become frustrated following cyclists in a no passing zone (marked along many areas of Old Cutler Road). SB 950 clarifies that drivers of Motor Vehicles are allowed to overtake and pass a bicyclist while both are in a no-passing zone, provided it is done safely. (Bold emphasis added). (Amending sec. 316.0875, Florida Statutes.)

I bet you never heard of a "right hook" outside of boxing (or MMA for the Gen Xers and younger).

SB 950 addresses a big risk the cyclists - the aforementioned 'right hook'. This is where a motor vehicle passes a cyclist only to almost immediately make a right turn in front of that cyclist, essentially cutting him or her off. This is one of the biggest causes of cyclist/motor vehicle accidents.  SB 950 offers greater protection for cyclists in that a driver of a motor vehicle may not turn right unless there are no cyclists within 20 feet of the intersection. (Amending sec. 316.151, Florida Statutes.)

10 cyclists now equal a single vehicle at a traffic control device. It is now spelled out in the law. SB 950 provides a new addition to Sec. 316.2065, subsection (6)(b), which provides that

(b) When stopping at a stop sign, persons riding bicycles in groups, after coming to a full stop and obeying all traffic laws, may proceed through the stop sign in a group of 10 or fewer at a time. Motor vehicle operators must allow one such group to travel through the intersection before moving forward.

I do not expect this provision to be popular with drivers. SB 950 sets the limit number at 10. Not 20. Not even 11 – its 10.

As I have pointed out in numerous blog posts, Florida Statutes, Chapter 316.2065 Bicycle regulations.— provides that bicyclists have the same rights to the roadways, and must obey the same traffic laws as the drivers of other vehicles. These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.

Please don’t merely rely upon what I have posted here. I invite you to follow the links and read the law for yourself. Your interpretations may differ. The greater protections work well for cyclists and the drivers of motor vehicles benefit from the clarification of when they can safely pass, even if in an area marked as a no-passing zone.

Please ride and drive safely out of the road. Let’s all look out for each other and be courteous.

Florida Legislature – pending bills – two on my bad list (there are more) – these two bills preempt local regulation of Home Based Businesses – (anti-Neighborhood Protection)

There are good bills and then there are bad bills – it is often based upon your specific political views and I do not expect that we will agree on all, or even most.

I was one of the original founders of Palmetto Bay in order to have greater control over local decisions. Unfortunately, the Florida Legislature far too often is hard at work eroding that control by enacting laws that create what they may term ‘statewide, uniform, laws’ – others call it preempting local rights and the ability to plan our local communities, one size does not fit all. 

Palmetto Bay originally enacted a Home Based Business Ordinance in 2007: Sec. 30-60.14. - Home-office. of the Palmetto Bay Code (Ord. No. 07-31).(CLICK HERE). You may follow the link provided to see the rules established for operating a business out of a home in Palmetto Bay.

Here is an alert to an effort to preempt local zoning on Home Based businesses. There are bills pending in both houses of the Florida Legislature: HB 403 (Giallombardo) and SB266 (Perry)

Both bills provide that local governments may not enact or enforce any ordinance, regulation or policy or take any action to license or otherwise regulate a home-based business in a manner that is different from other businesses in a local government’s jurisdiction. The bill authorizes business owners to challenge local government actions and authorizes the prevailing party to recover specified attorney fees and costs.

The house bill provides* that:

In order to be considered a home-based business, the bill requires that:
· the business operates, in whole or in part, from a residential property;
· the employees of the home-based business reside in the residence, except for up to two employees that do not reside at the residence. However, employees of the home-based business that do not primarily work at the residential dwelling are not required to reside in the dwelling;
· parking for the business activities of the home-based business complies with local zoning requirements;
· as viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property, but incidental and short term business uses and activities are permitted; and
· the activities of the home-based business are secondary to the property’s use as a residential dwelling.

Note: * Information is accurate as of time of this post. All legislative bills are subject to amendments. Neither bills may pass, or if they do pass, it may be after significant amendment.

WHO WINS?: This is a great bill for the legal professional who loves to challenge local zoning codes! It also allows for greater use of homes for businesses, potentially the the detriment of the quiet enjoyment of a neighborhood.

WHO LOSES: Those who want to reside in a residential area that is used just for that: residential or set reasonable restrictions on how any home based business operates.

FAIR QUESTION: There are several bills pending in the Legislature addressing (controlling/reducing) attorney fee exposure in litigation against Insurance Carriers. Why reduce fees when consumers have to take their Insurance carriers to court, but provide for attorney’s fees for those challenging government. Isn’t that a bit inconsistent?

FUN QUOTE ON POINT:

"No man's life, liberty or property are safe while the Legislature is in session."
Gideon j. Tucker (February 10, 1826 – July 1899)

Harsh Impact - Gov. DeSantis vetoes $1 billion from state budget. Palmetto Bay loses the entire $100K appropriation

Palmetto Bay's next budget became an even bigger challenge for this upcoming budget year. The line item veto pen was glowing RED and the cuts were deep. 

This is why you never count your legislative chickens before the budget is signed. Many eggs were broken by Gov. DeSantis to make the current state budget omelet as Gov. DeSantis vetoed $1 billion from state budget due to the COVID created crisis that significant cut State tax revenue. 


The two year scorecard:
Zero received -  $ 1,790,800 requested by Palmetto Bay officials sought in 2019 for 3 projects.

Zero received -  $ 3,245,900 requested by Palmetto Bay officials requested in 2020 for 3 projects.

CLICK HERE to view the 2020 Veto Report. Palmetto Bay's budget veto is listed on page 11 (of 18 total pages)

From the 2020 Veto List:

Page#  Line    Item     Description                                                                              Amount vetoed 

  11        1635   A 114    Palmetto Bay Sub-Basin 61 Construction (HB 3461)       $100,000.00

IMPACT - No stormwater money for this upcoming budget year. No assistance of any type from Tallahassee for this upcoming 2020-21 Palmetto Bay budget. A realistic assessment will need to be made as to what the carry over impact will be for the next legislative session. Costs for legislative travel and lobbyists should not be underwritten by the Village taxpayers if there is no expectation of obtaining assistance. 0-2 doesn't bode well for year 3 of this current mayor and council.

PENDING  Costs to Palmetto Bay taxpayers for legislative items last two years
$ ZERO       State appropriations granted to Palmetto Bay through legislative travel to Tallahassee for the same last two years.

The Tool Box - prior relevant posts:

May 15, 2020, 

Part II – results obtained. Evaluating Palmetto Bay's efforts in Tallahassee at the 2020 Legislative Session

May 14, 2020, 

Evaluating Palmetto Bay's efforts in Tallahassee at the 2020 Legislative Session. Part 1 Goals set.

April 13, 2020,

Tallahassee budget final - Palmetto Bay and other local governments need to get ready to get back to business. Budget prep time is coming up. What did Palmetto Bay and surrounding areas receive from Tallahassee to assist in the upcoming budget year? Let’s deal with some non-Coronavirus news for a change of pace

February 6, 2020, 

Palmetto Bay legislative appropriations requests - Appropriations Project Request-Fiscal Year 2020-21.

February 20, 2020, 
Tallahassee update - What monies are currently listed in House Bill 5001 - General Appropriations Act – a review of what is currently earmarked for our local Miami-Dade municipal communities –including Palmetto Bay, Pinecrest, Cutler Bay& Palmetto HS

February 7, 2020, 
Florida Recreation Development Assistance Program (FRDAP) - FY2020-2021 Recommended Priority List

Part II – results obtained. Evaluating Palmetto Bay's efforts in Tallahassee at the 2020 Legislative Session.

This is Part II of a series. Part 1 was - Evaluating Palmetto Bay's efforts in Tallahassee at the 2020 Legislative Session - goals set. What were the legislative goals set by the current mayor and village council for the 2020 legislative session?

Palmetto Bay may receive $100,000 out of the $3.2 million requested, barely over 3% of what was being sought. But, this $100,000 is $100,000 more than made it into the budget at this time last year (2019).  

The $100,000 in Stormwater funding will require a $100,000 match by local dollars (this is standard). But this is not the entire story as the hard and soft costs spent on staff time, travel, per diem, and a reported last-minute no-bid award of $10,000 for lobbyists count against that $100,000. These costs over the last two years have not been fully disclosed by Palmetto Bay (I'd like to see the actual numbers), but theses costs could come close to completely offsetting the $100,000 earmarked in the 2020-2021 State budget.

I am starting with the goals set in Village Council resolution no. 2019-121*, the annual legislative agenda which set the following priorities for funding, versus the actual results stated in each category below:

A. Supporting legislation that provides funding for traffic calming projects and public transit improvements and extensions for Miami-Dade County;

RESULT: ZERO. While municipalities such as Doral received a budget line of $350,000 for Doral Intersection Signalization Pedestrian Safety (HB 4201) (Senate Form 1832) for traffic improvement, Palmetto Bay had ZERO requested and therefore, ZERO was placed in the budget for Palmetto Bay. 

B. Requesting funding for South Florida Water Management District specifically for canal bank restoration to address the critical erosion needs in the Village of Palmetto Bay;

RESULT: ZERO. Palmetto Bay officials continue to talk lawsuits against the South Florida Water Management District (SFWMD). Let's hope not as there are currently several lawsuits lingering out there which serve no other purpose than to destroy the collaborative spirit between Palmetto Bay and Miami-Dade County.  The goal of litigation is to gain a positive result you were unable to reach pre-lawsuit, not to try to impress residents with how much money can be wasted on filing lawsuits that fail to gain results. Please mayor & council: win a lawsuit - or at least move one forward, before any more lawsuits are filed.

C. Maximizing all available appropriation and funding opportunities to implement storm water and other needed infrastructure projects throughout the Village;

RESULT: $100,000 The standard funding received by any other municipality that make such a request.

D. Supporting any legislation and requesting funding assistance and partnership opportunities that support the age friendly city initiatives and the development of unique opportunities for individuals with special needs;

RESULT: ZERO. There was money placed in the State budget for projects in other municipalities - just not requested, and therefore not earmarked for Palmetto Bay or our special need residents. In fact, special need events have ended since the last election  case in point - Jonathan's Day. I was a huge supporter of these important efforts, but it has ended with my last term. Two years and done in Palmetto Bay. There is no current leadership or desire to see such programs continue here in Palmetto Bay. 

There were no policy initiatives that Palmetto Bay officials worked for in Tallahassee. And at home, well, this current mayor and council have killed any ability to have a community center - a place where serious senior programming can develop and move forward. Same for any incentives in any of the zoning code updates for senior housing or semi-autonomous special needs hosing within Palmetto Bay, Just like workforce housing, the current official attitude appears to be live somewhere else, there is not desire to have 'any of them' here.

E. Support any legislation requesting funding assistance and partnership opportunities for projects that enhance mobility and create a network of interconnected lanes in support of bicycle and pedestrian activity within the Village;

RESULT: ZERO. In fact, bike lanes are being undone in Palmetto Bay, which is contrary to the existing Bicycle and Pedestrian Master Plan, the current 5 year capital plan as well as the current strategic plan. This mayor and council refuse to follow the plans. Additionally, Palmetto Bay is at risk of losing the $1 million TAP grant for bicycle lanes that was fought for and obtained under my administration. 
See prior related posts:

April 3, 2019, POD - Bike transportation - not sport - along 82nd Avenue. Will I get a response to my request? Dumping $1 million?

and

November 21, 2018, Follow up – requesting status of the$1,000,000.00 TAP grant, will the new council follow through to maintain our priority for bicycle lanes, attempt to repurpose the money or reject this grant?

My goodness, we are talking about a gift of $1,000,000 (One Millions dollars and no cents). Compare that to the currently alleged budget deficit for Palmetto Bay's FY 2019-20 budget which is alleged to be in the neighborhood of $1,000,000.00. Something is seriously out of balance here.

The current mayor and council cannot afford to be turning down money - and then expect us, the village taxpayers to shoulder the burdens they create.

F. Seeking funding assistance for the Village’s FRDAP and other such FDEP projects to address park capital improvements and park property acquisitions.

RESULT: ZERO. Palmetto Bay became "the Village of Parks" under my administrations in large part through taking advantage of state programs such as the Florida Communities Trust (FCT) and FRDAP. Yet, it appears that there were no FRDAP applications even filed for this last cycle. Do I have to do everything myself? The Wayne Gresky quote is applicable here - "you miss 100% of the shots you don't take."

The year prior - 2019 legislative session recap - also known as "the year without a return on significant investment". Compare / contrast the present status of the Palmetto Bay appropriation requests (2019):

$ 1,790,800   Total money requested from the legislature limited for 3 projects, broken down as follows:
$   745,900   Multimodal center – location undisclosed (23% of the total estimated cost)
$   745,900   Enviro Center to be constructed at Coral Reef Park
$   299,000   Drainage for sub basin 61 (50% match from Village)

$ 1,790,800  Total money requested from the legislature to cover:
$ 6,089,800 Total cost of these proposed projects to the residents of Palmetto Bay.
$   ZERO        Received from the State of Florida for the 2019 efforts.
_____________________________________
* Please note that Palmetto Bay Resolution 2019-121 is NOT currently available under the resolutions page posted on the official Palmetto Bay website - only resolutions 1-33 are posted (CLICK HERE to view this page. CLICK HERE to view a screen shot of the page as it existed on 4/14/2020 - to document where this page has been updated in the interim).  

Evaluating Palmetto Bay's efforts in Tallahassee at the 2020 Legislative Session. Part 1 Goals set.

We are deep into the month of May. It is time to start serious thought about the upcoming Palmetto Bay budget. The preliminary tax roll is released June 1. The final property tax roll is released one month later, July 1, 2020. However, Palmetto Bay is behind the 8 ball financially. So instead of preparing for the upcoming budget, the current mayor and council are still trying to correct the current budget failures they created in this current fiscal year. They need guidance from the community. When you love this village like I do, you want to assist through a much-needed grassroots effort to get this budget back in order. This is our money.

There will be a series of articles preparing readers for the Palmetto Bay budget. The upcoming 2020-21 budget will be key for the Village due to the unique year - two huge impacts to the 2019-20 budget, those being:

1. The unprecedented first-time ever budget deficit, caused, in my opinion, by the mayor and council failing to follow their own budget ordinance (an ordinance is a law) that they enacted - the budget is an annual financial strategic plan.

2. COVID-19. This will have a profound impact on revenues - for the remainder of this current budget year as well as next year. Affected revenues will include gas tax and state sales tax revenue sharing.

I ask the current mayor and village council to tread carefully for this upcoming year. Many businesses and residents of Palmetto Bay have suffered greatly from the economic impacts of the COVID-19. This coming year should be a return to my "government lite" and avoid the recent government excesses as well as the failure to follow the budget plan that is causing the current "million dollar" deficit.

Here is part 1 - Evaluating Palmetto Bay's efforts in Tallahassee at the 2020 Legislative Session - goals set.

What were the legislative goals set by the current mayor and village council for the 2020 legislative session?

The Village Council passed resolution no. 2019-121*, through a unanimous 5-0 vote on September 23rd, 2019. This was the annual legislative agenda which set the following priorities for funding:

A. Supporting legislation that provides funding for traffic calming projects and public transit improvements and extensions for Miami-Dade County;

B. Requesting funding for South Florida Water Management District specifically for canal bank restoration to address the critical erosion needs in the Village of Palmetto Bay;

C. Maximizing all available appropriation and funding opportunities to implement storm water and other needed infrastructure projects throughout the Village;

D. Supporting any legislation and requesting funding assistance and partnership opportunities that support the age friendly city initiatives and the development of unique opportunities for individuals with special needs;

E. Support any legislation requesting funding assistance and partnership opportunities for projects that enhance mobility and create a network of interconnected lanes in support of bicycle and pedestrian activity within the Village;

F. Seeking funding assistance for the Village’s FRDAP and other such FDEP projects to address park capital improvements and park property acquisitions.

The year prior - 2019 legislative session - Compare / contrast the present status of the Palmetto Bay appropriation requests (2019):

$ 1,790,800   Total money requested from the legislature limited for 3 projects, broken down as follows:
$   745,900   Multimodal center – location undisclosed (23% of the total estimated cost)
$   745,900   Enviro Center to be constructed at Coral Reef Park
$   299,000   Drainage for sub basin 61 (50% match from Village)

$ 1,790,800  Total money requested from the legislature to cover:
$ 6,089,800 Total cost of these proposed projects to the residents of Palmetto Bay.
$   ZERO        Received from the State of Florida for the 2019 efforts.
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* Please note that Palmetto Bay Resolution 2019-121 is NOT currently available under the resolutions page posted on the official Palmetto Bay website - only resolutions 1-33 are posted (CLICK HERE to view this page. CLICK HERE to view a screen shot of the page as it existed on 4/14/2020 - to document where this page has been updated in the interim).  

Tallahassee budget final - Palmetto Bay and other local governments need to get ready to get back to business. Budget prep time is coming up. What did Palmetto Bay and surrounding areas receive from Tallahassee to assist in the upcoming budget year? Let’s deal with some non-Coronavirus news for a change of pace

How Palmetto Bay fared with the 2020 Florida Legislature: 

No better, no worse than neighboring Pinecrest and Cutler Bay. Pinecrest appears to have $150,000 in the budget for stormwater. Palmetto Bay has $100,000 for stormwater. Cutler Bay has $100,000 in the budget for the Cutler Bay Wetland Restoration Project (HB 3757). All contingent upon survival of the Governor's line item veto. 

Palmetto Bay may receive $100,000 out of the $3.2 million requested: For Palmetto Bay, out of the $3,245,900 requested, there is a paltry $100,000 in the budget, or barely over 3% of what was being sought. But, this $100,000 is $100,000 more than made it into the budget at this time last year (2019).  This post updates the legislative mid-term post of February 20, 2020 and closes out the 2020 regular legislative session. There has been no definitive word yet as to whether or not there will be any special sessions to address Coronavirus or other issues. 

Please be mindful that nothing in the budget is final until the Governor signs the budget (after any line item vetoes). The Coronavirus pandemic may trigger many line item vetoes, removing some of those items initially thought to be safe in the budget.

The grading process: In evaluating the possible success for this legislative session, we start with the original 2020-2021 appropriation requests from Palmetto Bay officials totaling $3,245,900. This is an enormous  request, an amount of money  that appears worthy of significant travel and constant advocating in Tallahassee, but not the final drop to the $100,000 total that is currently earmarked in the State budget. There was brief talk of another $125,000 for an education center placed in State Education Funding, but that $125,000.00 was a drop in the budget to the total project cost for Palmetto Bay taxpayers – $745,900 was the original funding ask from the State. The claimed local contribution was proposed to be $1,500,000 for a project optimistically estimated in 2019 dollars to be $2,245,900 (and this request was voted in favor of by a vice mayor who has been critical of Palmetto Bay’s “million dollar hotdog stand”). Note there has never been an operational plan – coverage for operation and maintenance, costs of personnel, even considered by Mayor Cunningham and Council before requesting the money for this potential boondoggle.

Revenues - but factor in costs to obtain: Also note, the $100,000 is the appropriation, but there were significant costs related to the playtime in Tallahassee for Mayor Cunningham and company. These taxpayer funded costs include a full time employee grant writer (salary, benefits, internal costs such as office and other employee related costs are at least $70,000 per year), apportioned time of the Deputy Manager for her time spent in set up, preparing for, travel and ongoing communication (I have been told this is valued in the $30-50K range) as well as other personnel in preparing for and traveling with (and without the elected) locally and in Tallahassee. Add in what I am told (but have not personally seen evidence of) a last minute no-bid hire of $10,000 for undefined lobbyists, and it appears that it would have been far cheaper to spend our money locally and not seek money in another recent losing effort in Tallahassee, especially when the elected were distracted in Tallahassee which may be a reason they took their attention of the moratorium, allowing it to expire. Long story short – what did Palmetto Bay taxpayers put up to receive the $100,000?

One does not have to travel and shelter in Tallahassee to follow legislative requests. Many projects approved where hometown grassroots projects.

Status of appropriations in Budget – making it into the budget to be submitted to the Governor:

     Made it

   into budget                                                                                                                                   Midterm February 20 figure
    600,000  Deering Estate Foundation’s Field Study Research Center Phase 2 (HB 2627)   250,000  
    100,000  Cutler Bay Wetland Restoration Project (HB 3757)                                                    100,000
    150,000  Homestead Automatic Flushing System (HB 3165)                                                    150,000
    100,000  Palmetto Bay Sub-Basin 61 Construction (HB 3461)                                                  100,000

      ZERO    Nature Educational Center (Coral Reef Park) (HB 3809)(Details)                            125,000
    150,000  Pinecrest Stormwater Improvements (HB 3807)                                                        100,000

Some did improve from the February report: Team Deering Estate worked hard and raised their number from $250k in February 2020 to an impressive $600,000 in the final legislative budget approved by the legislature on March 18! Otherwise, the numbers for the sampling of local projects listed above February 20 stayed the same.

Many local items did not hold their place. An example is the Coral Reef Park Nature Center, hidden in an educational portion of the budget at $125,000, but was cut to ZERO.

FINAL WORDS / IMPACT UPON PALMETTO BAY BUDGET(S): The $100,000 for stormwater improvements will move into the Palmetto Bay FY 2020-21 budget where it will be matched with $100,000 of Palmetto Bay tax revenue in order to support $200K in stormwater projects.

This is no way to bridge a community. Both banks are a mess at Coral Reef Park as we near the annual community celebration.

Complaints have been made loud and often regarding the status of the canal banks and the pedestrian bridge that is supposed to be there in Coral Reef Park – but isn’t. I have been asked questions that I will answer, because it has become quite obvious that the current Palmetto Bay elected officials would rather avoid the tough questions, referring them to others.

Yes, this pedestrian bridge should be finished by now.  And, it does not appear that this new pedestrian bridge will be a focal point for the 18th Annual Picnic Celebration, scheduled for March 7, 2020, 11:00 AM - 2:00 PM at Coral Reef Park. Wait, I take that back. It will be a focal point; but not as intended. It won't be a positive ribbon cutting / grand opening photo op event that our resident photo op professional would like it to be.

It would have been appropriate to have this pedestrian bridge open in time for the Sunday, March 1st event: Samantha's Purpose Run, Walk & Stroll 2K for Cerebral Palsy. This is an outstanding event that started with my support as part of my third term as Mayor. It is an event that I am pleased to see our village continue to support. But, it would have been nice to have this new bridge to pass over for the event, rather than a construction zone to avoid passing through.

HISTORY OF THE BRIDGE: While I was Mayor, the Village of Palmetto Bay applied for and was awarded a $200,000 grant from the Recreational Trails Program administered by the Florida Department of Environmental Protection. As a result, Resolution No. 2016-83 (CLICK HERE - 26 pages) was adopted on September 19, 2016, accepting the grant award. This grant did require an equal match by the Village, for the connection of 3 trails and the construction of a new pedestrian bridge.

On October 12, 2017, the Village of Palmetto Bay advertised Request for Proposal (RFP) No. 1617-12-010 seeking proposals from qualified firms for the design/build services for the new pedestrian bridge.

Anzac Contractors, Inc. was selected to provide the design/build services for the new pedestrian bridge [see Resolution 2017-115 - CLICK HERE But these projects, especially design/build projects, don't happen automatically. They take significant village oversight by the Parks Director, Building Officials and the Manager (or in this current situation, the Interim Village Manger). The construction started in early-December 2019.  

QUESTIONS FACING THIS CURRENT MAYOR AND COUNCIL: I cannot answer the following questions:

• Why hasn’t the village provided updates as to the delay?  Maybe there is no delay. Maybe this project is on time in the minds of the current mayor and council members.
• Why isn’t the job site secured? There are children at the park and a picnic upcoming. The photos show the environmental barriers down at critical points, at the waterline (see photo below).
• Is Palmetto Bay in danger of losing the grant?
• These projects usually have prefabricated bridges. Why isn’t it at the site? Is it built? Does it match the specifications called for in the RFP?
• Where is the contract? Has the contractor been placed on notice?
• Is there an issue with the South Florida Water Management District (SFWMD), internal permitting?               Or, ....
• Is this current Mayor and Council simply losing sight of, or interest in, the project?

I can state that I don't think that this bridge will be completed and open for the 18th Annual Village Celebration Picnic scheduled for Coral Reef Park on Saturday. 

PERFORMANCE TO DATE ON THIS PROJECT: This project is currently making the Franjo Road street project look well organized and well-done.