Thank you Vice Mayor Mark Merwitzer - the facts - Commissioner DCH picks up where Palmetto Bay dropped our very popular Independence Day community celebration

Answering your questions - how did we get to Palmetto Bay dropping one of its signature events - the 'downtown Independence Day celebration' - this event has always been promoted by the current elected officials, selling Palmetto Bay's Independence Day as when "The Village will ring in Independence Day with patriotic spirit and pride in a day filled with wholesome, all-American fun for the entire family!" This event had been FREE to the public thanks to the many sponsors and vendors who worked so diligently to bring this event to our community.  

So why then was this wholesome, all-American fun for the entire family event abruptly cancelled without warning? For years, this has been the day when neighbors gather, children wave American flags, and families watch fireworks light up the summer sky. One of our signature events that really signed how Palmetto Bay is a great place to live work and play!

The village didn’t announce the termination publicly, hold a community meeting, or give residents a chance to speak up. Instead, they quietly mentioned the cancellation in passing during the May council meeting on just one slide in a PowerPoint. They claimed "The Shores Development" needed the space to build their high-rise. Really? This event was much more than fireworks and so little of it actually occurred on the Shores property. The choice to cancel rather than find a solution puts development ahead of our community values. Perhaps the real reason is they have no money. Or its no longer needed as a political event as 4/5 of this counsel is term limited. It was for the residents, not the politicians!

However, Palmetto Bay's Vice Mayor, Mark Merwitzer, is not to be deterred. He reached out to County Commissioner Danielle Cohen Higgins for a solution.  She stepped up. High energy between them.

Thank you Commissioner Cohen Higgins - picking up as scheduling the first ever "Fourth on the Fairway" at Palmetto Golf Course.  This will serve Palmetto Bay and surrounding areas now that local Palmetto Bay officials have "86'd" our downtown community Independence Day celebration.  It was a great event while it lasted. Now, perhaps, the Commissioner's event can fill that void of great community community events. I'm impressed with the scope of the activities listed - food, live music, picnic on the green and - of course - fireworks!

Here is the note from the commissioner posted on her Instagram page: 

"With the 4th of July fireworks cancelled by the Village of Palmetto Bay this year, we got to work to do everything we could to make sure this special South Dade tradition continues! So proud to announce the first ever Fourth on the Fairway!

After the 4th of July Parade in the morning in Cutler Bay, we can’t wait to see you and your families for a most spectacular fireworks show in the evening at the newly renovated Palmetto Golf course! It will be a showcase of our beautiful Miami Dade County park, a celebration of our nations birthday and an opportunity to come together as one community. Can’t wait to see you at Fourth on the Fairway!"

Thank you Commissioner DCH for stepping up and Vice Mayor Mark Merwitzer for looking out for our community in working to keep our Independence Day celebration going for the Palmetto Bay area.  Personally, I would like to see our Vice Mayor get this event back on track here in Palmetto Bay for future years.  

My opinion: Cunningham violated the law of Holes - All of Palmetto Bay will pay the price. PBVC has all the cards. To be known in Palmetto Bay history as the Cunningham 575-605 unit plan.

Mayor Cunningham - stop casting stones at me and prior counsel members for our affirmative actions in regarding the Palmetto Bay Village Center (PBVC). We took action.

This includes former Mayor Stanczyk as she participated in and voted for the 2008 VMU district as well as championing the proposal to build an additional 40 units and a fire station in the environmentally sensitive 22 acres back in 2014. 

It is your inept handling of the Palmetto Bay Village Center that has led to a MEGA project no one wanted; that we could not have even feared in our worst dreams. Your failure to address these issues, which includes simply following the law in 2022 has actually put Palmetto Bay at risk of 2,385 residential units.

None of this was ever talked about in the open - at no time did you engage residents to work with the developer through an updated Charrette process or town hall meetings.

You do no not even want to take responsibility for preserving the 22 acres - instead you are willing to allow the developer to sell off this land to the County Environmentally Endangered Land Program (EEL) - which at least we were able to get the 22 acres listed on the B list for purchase by the County while I was mayor (which you had nothing to do with - long before you ever showed any interest in Palmetto Bay).

The facts as to how deep the hole reached are spelled out in a 3 page letter of June 20, 2025. from attorneys for the PBVC - I suggest that the residents review this letter as in my opinion it seriously contradicts the propaganda that has been disseminated under your watch.

Again, your record is one of passive avoidance - simply taking a populist no-vote when staff has recommended otherwise and you have set this Village up for the multiple failures before the Courts. My advice to the current Mayor, Council Members back in December 2023: ‘when in a hole (and mayor, you are deep in this hole) STOP DIGGING!’ See the Law of Holes.

From Wikipedia:

When it is said, "if you find yourself in a hole, stop digging," it is because digging a hole makes it deeper and therefore harder to get out of. More generally, the adage advises how one should solve problems of their own making.

The second law of holes is commonly known as: "when you stop digging, you are still in a hole."

But you just had to keep being a populist, blaming others and milking that political football.  You had to keep digging.

RESULTS - The PBVC could have been limited to anywhere from 389 to 420, 450 if the 2022 zoning hearings and decision been handled with even slight skill - and a commitment to following the law. That its - application closed.  Now Palmetto Bay is facing an initial 450, then a max of 480 without any further council input (interference?), significant commercial including a 125 unit hotel (bringing the actual total number of "units" to between 575-605).

I'd say "great job" but the sarcasm would be lost. At least - and this is a slight 'win' - the PBVC has stepped up to protect the 22 acres where the Village refused.  They, not the village will partner with the County EEL program and receive millions for it - money that the village taxpayers would have been entitled to see go to the village had Palmetto Bay stepped forward. 

Opinion: Are we really getting to the end result of the development of the Palmetto Bay Village Center? Performative politics and the violation of Bert J Harris results in the MEGA PBVC.

The FACTS regarding the Palmetto Bay Village Center.

How did Palmetto Bay get to the point where it is offering up so much new density on the 80 acre property? Well, in the past, Palmetto Bay residents and officials worked hard to find a palatable solution (see prior posts relating to the Burger King World Headquarters Charrette and the over 42 meetings).  But while some labored in good faith, other political opportunists saw the potential of his property as a political football -- and assumed that voters were too stupid to realize that the property owner had some rights and would be able to build something.  Unfortunately, they threw rocks, promised to "stop the development" but never - ever - came up with a plan to stop it.  Instead, their lack of vision. lack of leadership and most of all - their lack of knowledge as to when to stop digging resulted in this current MEGA plan never contemplated under the 2008, 2016, or any other plan considered previously.  The Palmetto Bay Village Center (PBVC) matter came off the rails on January 24, 2022 when the mayor at the time (the present mayor) and the council adopted Village Resolution No. 2022-05.  This was the resolution from which the courts determined that the Village (current Mayor) VIOLATED the property rights of the owners of the PBVC. And please, when reading, note the specifics as to what the owners of the PBVC sought in that application - 480 units (and I have documented how it should have been many fewer) , no hotel, no additional commercial over what is presently proposed for approval (code named the MEGA enchilada)!

Current council rock throwing over working to present their own plan!

The current plan is a settlement - not a zoning hearing - a settlement of a significant Bert J Harris claim that APPROVES much more development over the rights of the residents not because any prior officials took any action, but because the current mayor dug the holes that we, the residents, find ourselves in because she never took any appropriate action to work with the owners to formulate anything palatable - more on that later - but the village is about to see the unfortunate results when officials are elected who could only throw rocks at the efforts and plans of those who stood up to the issue. The current group never never attempt anything meaningful.  Of course, we now see that the current mayor can throw rocks at the ground - and still miss!

More on Bert J Harris - See my prior related post of January 17, 2020 - A medium length primer on Bert J. Harris Act claims. What we can expect (including a timeline). Link to Bert J Harris Act provided. 

What Could Have Been

The PBVC issue predates the incorporation of Palmetto Bay.  I was in negotiation prior to December 5, 2018.  At that time, the owners of Palmetto Bay Village Center had agreed to preserve the environmentally sensitive land at the front of the property and construct a number that would have been not "the 485,"but rather, a representative for the PBVC offered a compromise number of 450 - 470. I contend that this was their starting point in these negotiations and the unit numbers would have dropped lower (Again, it is important to note that the Bert J Harris Claim arose out of the property rights violations created by the mayor and council in place for Resolution No. 2022-05).  The representative for the PBVC also mentioned in 2018 that negotiations had been ongoing for 200 -- half of the units -- to be Senior housing units. That's a HUGE offer in regard to traffic reduction.

More prior relevant reads: Tuesday, October 16, 2018, About last night (Mon. 10/15/2018) - I continue to work for you to reduce development. The council votes best tell the story.

What Now?

Now, after years of expensive litigation, rock throwing and scapegoating, the Palmetto Bay Village Council appears ready to cave and give the owners of the Palmetto Bay Village Center the APPROVAL to construct a much larger MEGA project -- with commercial never anticipated, in addition to the absolute maximum number of residential units. The Village's refusal to negotiate (because, presumably, they wanted to be seen as taking a tough stance against development) has led to massive increases in development - not prior action.

Yes, it is clear that none of those rocks thrown at the ground (or the PBVC) ever hit the mark. Just cheap political grandstanding covering up a lack of understanding of the issues that will profoundly impact our community.

Just please Palmetto Bay officials - take some positive action - and admit your foibles - and what ever you do, avoid going to court!

Development by unsupportable political denials rarely works for election officials -and area residents suffer. As noted in prior opinion posts, Things have not gone well for the Village of Palmetto Bay before the Miami-Dade trial and Appellate Division of the 11th Circuit Court - and the Third District Court of Appeal.  They promised "no development" but their litigation stumbles more aptly reflects "hold my beer" on granting massive development rights.

Read up on the Appellate Division ruling against Palmetto Bay in a strongly worded 31 page opinion that reversed the denial of the PBVC zoning decision.

Palmetto Bay officials sought a rehearing of the opinion, but fared no better in a revised, but just as lengthy 31 page opinion released July 5, 2023.

See: my prior related opinion post of December 13, 2023 - Court slaps down Palmetto Bay's zoning appeal -- more units for Old Cutler Road DENIED.  The Third District Court of Appeals ruled against the Village of Palmetto Bay.  Having lost - badly - in the efforts on appeal (review via Petitions for Cert for those who want to be sticklers for technicalities) - the Village had no bargaining power left. Read the order cited in that post - "hold my beer" id far too kind. 

This development did not materialize overnight - it took a massive amount of misdirected passive aggressive inaction from January 2019 to date to reach this point. 

Simply stated - don't blame the VUM or any amending ordinances. Blame the council for violating Bert J Harris - and that is a very tough thing to do!. They dug this deep hole and this MEGA development is the result stems from performative politics and lack of vision. The plan is a settlement of transgressions of those who let the village down when Resolution No. 2022-05 was enacted.

Original Burger King World Headquarters - Palmetto Bay Village Center Charrette Advisory Committee Report (September 2004)

Facts are facts - please take a few minutes to review the Palmetto Bay Village Center Charrette Advisory Committee Report - presented to the public in September 2004.

The Charrette Advisory Committee was created one year earlier - September 2003.  This was a very well-paced study. A significant number of public meetings/workshops went into this report. 

The committee members were: 

Brian Pariser
Frank Rollason
Laura Trager
Jilla Montenegro

Please take the time to review this report.

Note that many of the recommendations were NOT included in what came to be known as the Village Mixed Used zoning code (or VMU).  The final code was less dense from some of recommendations contained in the Charrette Report.  Additional public workshops and hearings were held on the VMU code separate to the Charrette.

More facts - documented facts - speaking loudly regarding the Palmetto Bay Village Center. The real hoax is being perpetuated by keyboard warriors who incite fear through misinformation. Back to my opinion on how did this council get to a recommendation in favor of the 480. Did you know? There once was a procedure to ‘undo’ the 480, but the present mayor dropped that effort, allowing staff to recommend 480.

Facts are facts. Just to be clear, as I no longer hold office, I can only offer my opinions as to the ongoing issues relating to the Palmetto Bay Village Center (PBVC). I have always fought to preserve those 22 acres, not see them developed. Twice I asked the council to join me in participating in the purchase through the County Environmentally Endangered Lands Program (EELs).  Property owners have rights, despite what the local fire starters want to mislead you to believe. (actually, one of those fire starters championed an effort to actually develop in the 22 acres/visual barrier, but that's for a different post).

THE SHORT BITE: Current mayor Karyn Cunningham had the tools, the vote and the clear opportunity to repeal the 2016 ordinance relating to the PBVC. 

Former interim Village Attorney John Herin, Esq. was hired at village expense to advise the council on how to repeal this 2016 ordinance. The repeal ordinance was prepared and passed 3-2 on first reading which was held way back on April 3, 2017. This was a special council meeting that was called (requested by the vice mayor) for Independence Day weekend, 2017, (yes, a Saturday, July 1, 2017) – Soon after - and inexplicably, the second reading was deferred by a 5-0 vote. (CLICK HERE to view relevant documents placed in the "2017 VMU Repeal of 2016 ordinance materials" folder).

THE OBVIOUS FACT: Mayor Cunningham had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018. That is if this is really what she desired.  Actions (or inactions) so often speak louder than words. She never did so. It is so much easier for her to point fingers than to actually take action.

FAIR QUESTION: Why? Why was the proposed ordinance never brought forward for enactment? 

In a complete 180, and without any explanation, the Staff operating under Mayor Cunningham recommended approval of 480 units during the zoning proceedings held in mid 2020 (this is the proceeding that lead to the litigation chaos and present offer to settle for the MEGA PBVC.

It did not have to come to this - had the repeal ordinance been properly and fully pursued. 

Promises not kept?

THE IRONY:    The 2016 ordinance is really not used in the proposed settlement agreement - the traffic controls, reduction in commercial use among the lost provisions. The 2016 ordinance is "blamed" but project currently being recommended would not exist under the 2016 ordinance. 

Letting the facts speak for themselves - documenting who voted for the creation of the VMU in 2008 (This may surprise you, but it shouldn't)

Facts are facts. Just to be clear, former Mayor Shelley Stanczyk was one of the 5 members of the village council who worked together to enact the VMU. Then Council Member Shelley Stanczyk represented district 3; the district where the Palmetto Bay Village Center is located.  She had every opportunity to influence the pending legislation that involved over 42 meetings, including a charrette led by village residents. 

Shelly Stanczyk's actions: Did she object? No. She voted for the VMU! Don’t let anyone tell you otherwise.  CLICK HERE to view the VMU ordinance as approved in 2008.  

Facts are facts.  What that saying about people who live in glass houses?

PS – Stanczyk had 4 years as mayor to rescind the VMU, but she never seemed to be interested.

Final vote on VMU - Ordinance No. 08-09

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Page 9 of 9, line 44 - recorded vote of Council Member (at time of vote) Stanczyk

Drawing the Green Line - environmentally friendly and practical proposals for the Tanglewood (entanglement) Park

A great interview with Hal Feldman on the MiamiHal Show - talking transportation and parks - especially the last-minute proposed Tanglewood Park, rapidly becoming known as Entanglement Park.

This proposed park has become quite controversial as of late.  This specific area was discussed as part of the resident-centric Parks Master Plan process that I led in 2007.  A rendering of the proposed park was discussed on the show (and posted below).  There was no interest and the proposal was not moved forward in 2017.  Residents adjacent to this property then began a process directed by Miami-Dade County to purchase this land.  And let's be clear - this process has occurred before including two properties on the west side of 77th Avenue, across from this proposed park.  Current village officials then woke up, saw that they were far behind in the process and spent $25,000 (without a procurement process) to hire experienced County lobbyists to intervene in the process in an attempt to wrest the land from the residents who had in fact followed the process. 

Here is the video from the show:

 

Here are the photos used in the interview:

Here are photos that did not make it to the show - Google Earth overview and 2 photos taken by me of a park Miami-Dade County created in the Falls area.

Thank you Hal!

Palmetto Bay’s celebration 2022 picnic – part of an enduring legacy. Thank you to all the volunteers, staff and fellow residents who initiated and nurtured it.

Happy 20th Palmetto Bay! Another year of celebration for Palmetto Bay – this one was special – where we gathered with friends and family in celebrating the 20th year of incorporation.  The village picnic is special, though attendance my vary from year to year, it remains a time for celebration and family fun, as well as a time to remember how this event came charging out of the gate as a major village event from its very first year. CLICK HERE to see prior related posts on past Village Picnics. Special note: there are many photos from many different celebrations posted, perhaps you can find family and friends, if not even yourself in these photos.

Once again, I want to give credit where credit is due, giving a huge “Thank You” to the special events committee set up under the original council, an outstanding group of volunteers.  The initial chair was Jacquie Sosa who was an anchor with Channel 10.  This position was held later by Jeanne Rothfield and finally Donna Coughlin, who served as our last chairperson.  The special events committee and staff, all working as part of the team under the initial village council, created events and interests including rides, city information, educational topics, wholesome family events, dunk tank -raising thousands of dollars at no expense to village taxpayers - for charity, & local school participation! Come on, who did not enjoy dunking me to raise money for charity?

The Parks Department, which has worked with our committee, continues to organize this event, even though there is no longer a citizen special events committee. Many people still volunteer Pat and Jim Gladieux still take charge of the ever-popular corn on the cob.

Past celebrations took advantage of the I-Bus for the historic preservation committee’s tours, which were started under Palmetto Bay’s first Planning Director, Arlene Weintraub and the committee. We all enjoy watching the school children performing and of course, the staff of the Planning and Parks Department as well as our police work well to continue to make this event a success. I was proud to work with Palmetto High School to start the annual Mayor’s Cup game (can you name the winner and score from that historic first game?)

The yearly events have seen helicopters land in the field and firefighters come in their trucks, the start of the student safety and fingerprinting programs. The Voice of the Heat served in past years as emcee. Past years has seen well over 5,000 people for a picnic. We came in from year one with significant corporate donations from corporate neighbors including Starbucks, Home Depot, Dade Paper, local banks and Publix, we have had breaks on the food and coverage of costs through donations!

The efforts and impact that you and the Special Events Committee have been successful and has left an outstanding celebration legacy that continues through this day.  Thank you all who served at any time in the past on the Special Events Committee.

20 year celebration. Time is flying. It takes a village! Photo memories.

For me, watching this village is like having children. You do your best to raise them right. Sometimes you enjoy sitting back and watching the success and then there are times you know you need to get involved (with your children as well as with the village).  A parent's job is never complete.

I am repeating a post from the 15 year celebration series. Does anyone recognize these the village children in the post?

Photos of the Day - Village History photos

In the spirit of the Palmetto Bay 15 year celebration - Palmetto Bay Village History. Remember the days through our youth.

Time flies - Eliza Rose Berse & Dhilini Amelung at our 2003 village picnic

 Recognizing Cub Scouts on February 7, 2005 - 

several of these scouts earned their Eagle Scout in 2016

RIP Sad to learn of the passing of Lloyd Hough, a true pioneer of Palmetto Bay, devoted family man and public servant.

I offer my heartfelt condolences to the friends, family, co-workers and acquaintances of Lloyd Hough. I was saddened to learn of his passing. Lloyd was a part of Palmetto Bay history. It was my honor to see him appointed to a committee and work with him as part of the start up of Palmetto Bay.

Lloyd served on one of Palmetto Bay’s first official committees – the Public Service Advisory Committee; created to address all aspects of police and fire services as well as to give immediate priority to the development of service levels for police services. See Palmetto Bay Resolution 02-19, approved November 25, 2002 - our very first year of incorporation (our first month of meetings as a Village Council)

Photo credit: Miami Herald

My sincere condolences to his family, especially to his wife Nikki. Thank you for his valued service to Palmetto Bay.

 The Miami Herald posted an article detailing some of Lloyd’s accomplishments. Subscribers can click the headline to read the full article: Retired detective who investigated River Cops and Cocaine Cowboy murders dies at 85, by Charles Rabin, 10-18-21. 

It was reported that his public service included 13 years as a homicide detective in Miami-Dade, investigating some of the county’s most high-profile murders. Among them, homicides connected to notorious Ricky Cravero and his gang, believed to be responsible for as many as 40 executions.

He also worked the infamous Miami River Cops case among his numerous high profile cases.

May his memory be a blessing. I will always remember Lloyd as a pioneer of early Palmetto Bay.  Thank you Lloyd for your invaluable service to our community.

RIP Guido Inguanzo, Palmetto Bay’s first Village Clerk

My heartfelt condolences to the friends, family, co-workers and acquaintances of Guido Inguanzo . I was saddened to learn of the sudden passing of Guido Inguanzo who was a part of Palmetto Bay history.  Guido Inguanzo served as Palmetto Bay’s first Village Clerk (acting Village Clerk), on loan from Pinecrest to assist with the start up. He served with honor until our first Village Clerk was appointed, even serving on the search committee.

My sincere condolences to his family, including his wife Monica and son.

May his memory be a blessing.

Happy 19th Village of Palmetto Bay! September 10, 2002 - September 10, 2021

Palmetto Bay was incorporated on September 10, 2002.

Feel free to search this blog for numerous posts regarding our Palmetto Bay history.

I am wishing everyone a very happy 19th. 

Thank you to everyone for making this the best municipality to live, work and play!

EUGENE FLINN

Public Records Enforcement Order rendered against Defendants Village of Palmetto Bay and Mayor Cunningham, but no harm to the Defendants, after all, it was all fought with Other People’s Money.

I wonder if these recent "first-evers" will be added to the Village timeline post on the Village website:

First time ever: Palmetto Bay is taken to court on a claim of violation of a Public Records Request.

First time ever: A Judge renders a Public Records Enforcement Order (VIEW HERE) against the Village of Palmetto Bay, as well as against a Palmetto Bay elected official. 

Add this to the ongoing downturn in the history of Palmetto Bay. Perhaps we should entitle this latest drama “Other People’s Money”.

It took a lawsuit. It should not have come to this, but at least Village Taxpayers should be pleased with the efficiency of the suit filed by past Miami Lakes Mayor Michael Pizzi as he moved this case with a minimum of litigation. The Public Records law provides for attorney’s fees and costs for successful enforcement. This case was moved swiftly before the Honorable Martin Zilber, Judge of the Circuit Court. This hearing took place on October 14, at 3:30 PM. The order was rendered on Sunday, October 25, 2020.  It should be over, but for payment of the attorney’s fees and costs.

This was a hotly contested case. The Public Records Request was DENIED by Mayor Cunningham and the village. The attorneys working for the village chose to fight rather than comply. Remember, a very detailed Answer, Affirmative Defenses and Motion to Dismiss was filed, this document denying responsibility and alleging many reasons why Mayor Cunningham and Palmetto Bay (in their minds) did not have to and should not be required to provide the documents requested in the complaint? Well, those arguments were soundly rejected by the Court.

What is left? While it was the actions (and inactions) of Mayor Cunningham and Palmetto Bay officials that refused to comply and who lost the suit; it will be the taxpayers who will be paying the bills. Assuming that the Mayor and Palmetto Bay have fully and completely complied, all that remains is how much this will cost the Village Taxpayers in the form of attorney's fees and costs to (1) the prevailing party attorney for the Plaintiff; and (2) to the attorneys hired to unsuccessfully defend Mayor Cunningham and the Village of Palmetto Bay.

Don't engage in victim shaming. I can hear the Mayor and her supporters now, victim shaming the Plaintiff.  Let's address that once again. The Mayor and Palmetto Bay had many chances to provide the requested records. This was the first time ever that a lawsuit was filed against Palmetto Bay for failure to comply with a Public Records Request. An independent official, Judge Martin Zilber reviewed the pleadings filed in the case, heard argument from each side and ordered compliance, rendering the Public Records Enforcement Order.

Sometimes the good guys win. The Court obviously was not going to the lawyers drag this matter out. The Taxpayers are fortunate that this was resolved quickly or the fees and costs could have really escalated.

TAX ALERT: I personally find it unfortunate that Palmetto Bay used the taxpayer money to avoid the obligations of Mayor Cunningham and Palmetto Bay to comply with a legitimate public records request.  We will follow and report on the fees and costs - ultimately paid by the taxpayers, though no taxpayer had any fault or involvement in the withholding of these records. The fees may be resolved ‘quietly’ or it may take more hearings. We shall see.

PRIOR RELATED POSTS:
October 19, 2020, It took a lawsuit to obtain records. Notice of Compliance filed. It is over for now, but for the fees and costs assessed against the Village

October 18, 2020, Transparency is important. Florida has strict disclosure laws relating to Public Records – Citizens have the right to access. The burden is on the government to demonstrate any exception.

October 19, 2020, A Palmetto Bay first (or worst!). A lawsuit had to be filed to obtain public records. It required a judge. The Palmetto Bay Follies (and not something to be proud of).

A Palmetto Bay first (or worst!). A lawsuit had to be filed to obtain public records. It required a judge. The Palmetto Bay Follies (and not something to be proud of).

Should our public officials use our tax dollars to attempt to avoid their public records obligations? I previously provided a short primer on the requirements of government and government officials maintaining and being responsive to public records requests. Responding to public records requests is not at the whim of the government, it is the law (Chapter 119, Florida Statutes) and Palmetto Bay cannot impose delays, conditions or restrictions on those requesting public records.

Inglorious history - A first for Palmetto Bay.  A lawsuit was filed on September 24, 2020, for Public Records Enforcement, alleging violations of Florida Statutes Chapter 119. This complaint sought a court order compelling the Mayor and Palmetto Bay to turn over the documents requested in the public records request. 

So what happened? Did the Village provide the records? Heck, no; not without a taxpayer funded fight. From my review of the record, it appears that the Defendants did not voluntarily give up these records. In fact, the Village ‘doubled down’ by filing their "ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT AND MOTION TO DISMISS", e-filed 10/14/2020 at 11:45 AM. It is important to remember that the ANSWER was filed less than 4 hours prior to the hearing, so the ANSWER does accurately represent the position of the Defendants, Karyn Cunningham and the Village of Palmetto Bay. The court held a hearing on this issue later that same day, at 3:30 PM.  I will cover what occurred at this hearing in a future update.

List below are a few of my favorite affirmative defenses asserted by the current mayor and Palmetto Bay (I am trying to find humor here, as I think the defenses are actually quite chilling to those who seek compliance with the Public Records Law). (CLICK HERE to view the complete document)

22. Affirmative Defense 4. Defendants complied in a timely manner to the alleged public records request.

23. Affirmative Defense 5. Defendants complied in full with the alleged public records request.

24. Affirmative Defense 6. Defendants did not unlawfully refuse to comply with an alleged public records request of the plaintiff

***   ***   ***

27. Affirmative Defense 9. Plaintiff did not comply with the Village’s posted policy and requirements for submission of a public records request.

28. Affirmative Defense 10. The plaintiff has not complied with the preconditions for seeking an award of attorney’s fees and costs pursuant to §119.12, Florida Statutes.

29. Affirmative Defense 11. Plaintiff did not file the complaint or submit his alleged public records request for a valid public purpose

Please carefully read the alleged defenses. And then compare the statements such as "Plaintiff did not comply with the Village’s posted policy and requirements for submission of a public records request" or better yet, "Plaintiff did not file the complaint or submit his alleged public records request for a valid public purpose" What? Go back and read the prior post. A person does not need to provide a reason for requesting records, they don’t need to explain their purpose, they don’t need to give a justification. The agency cannot require a person requesting records to explain why they want them. The agency must cite the specific statute or law that requires the record to be withheld from disclosure.  Add yet, the exact opposite appears to be asserted by the mayor and Palmetto Bay as defenses.

The above ‘defenses’ are better phrased as ‘avoidance and deflection’ rather than valid defenses in my opinion. I could go on for days, in my opinion, this filing demonstrates the arrogance of certain village officials who incorrectly believe that they set the rules. The Village doesn't set the rules. The rules are set by our National, State, County and Local Constitutions (and Charters) as well as State Law. This is why we have the courts and an independent judiciary.

BOTTOM LINE (in my opinion): The Village Taxpayers will be charged significant attorney’s fees to support a local government interested more in avoiding rather than meeting legal obligations. Maybe this is yet another reason why our local taxes have been increased – foolish spending, but hey it is not their personal money, they are misspending our money.

The new motto of Palmetto Bay? “Residents, hire a lawyer if you want transparency.”

Also see a prior related post of April 25, 2019, Palmetto Bay - Transparency - on sale to those who can afford it

It is becoming apparent to many that we need to take back our Palmetto Bay government. It belongs to all the people, not a select privileged few.

Opinion - How did this council get to a recommendation in favor of the 480? There once was a procedure to ‘undo’ the 480, but the present mayor and vice mayor appear to have dropped that effort, allowing staff to recommend 480.

As I no longer hold office, I can only offer my opinions as to the ongoing issues relating to the Palmetto Bay Village Center (PBVC). I have always fought to preserve those 22 acres, not see them developed. Twice I asked the council to join me in participating in the purchase through the County Environmentally Endangered Lands Program (EELs).

THE SHORT BITE:

The Vice mayor had the opportunity to repeal the 2016 ordinance relating to the PBVC. Former interim Village Attorney John Herin, Esq. was hired at village expense to advise the council on how to repeal this 2016 ordinance. The repeal ordinance was prepared and passed 3-2 on first reading which was held way back on April 3, 2017.  This was a special council meeting that was called (requested by the vice mayor) for Independence Day weekend, 2017, (yes, a Saturday, July 1, 2017) – Soon after - and inexplicably, the second reading was deferred by a 5-0 vote. (CLICK HERE to view the ordinance folder  

The Vice Mayor had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018, if this is really what he desired however the ordinance was never brought forward for enactment. In a complete 180,  the Staff operating under Mayor Cunningham and Vice Mayor is now recommending approval of the 480.

Failure to follow through has led to the PBVC seeking the present zoning on the 2016 & 2018 ordinances. It did not have to come to this had the repeal ordinance been properly and fully pursued. 

Promises not kept?

Also see PRIOR RELATED POST relating to the library parking: June 1, 2020

Correcting the record. The parking easement lasts for as long as a library, community room and Park operate as provided for in Resolution 2008-20. This was approved by the (then) Village Council on February 25th, 2008. Why would they lie, is it intentional or do they honestly don’t know the facts?

Parking is locked in for as long as this library and the park operate. 

THE FULL STORY PROVIDING A BRIEF INTRO & BACKGROUND/CONTEXT

Their fingers are pointing at others in deflection, but this is just another clear example where the buck stops at Mayor Cunningham and Vice Mayor John DuBois. The Vice Mayor spent village tax dollars to obtain a written legal opinion from John Herin, Esq, former interim village attorney as far back as March 2017. The result was  a 14 page treatise stating that the 2016 ordinance can be undone and providing the road map on how to do it.  The vice mayor felt strong enough that significant village funds were spent to obtain this legal opinion as an effort to undo the 2016 ordinance. Yet it moved forward and passed on first reading and then it stopped after a single deferral. This ordinance would have rescinded, undoing the 2016 ordinance.

The 2016 ordinance:

Then Mayor Shelley Stanczyk had sponsored an ordinance in July of 2014 that would have permitted the immediate development of 40 units in the 22 acres as well as a fire station. A little noticed fact was the July 2014 ordinance would have placed these 22 acres into the VMU, which would have vested the PBVC with 10 units per acre for a potential total build out of  220 units on those 22 acres. See: May 5, 2016, The facts regarding council action of Mon, 5/2/16. Protecting endangered land, managing vest rights inherited from Miami-Dade County.

The 2016 ordinance was passed not to create more units, but merely to transfer the developmental rights (known as TDRs) from the 22 acres to the back area of the Palmetto Bay Village Center (PBVC). This area was created as what is known as the Village Mixed Use, or VMU district. No one (except apparently Mayor Stanczyk) has ever wanted to see those 22 acres developed. 

Saving the 22 acres through transferring the developmental rights (TDR) is one way, but obviously not the way that the Vice Mayor felt appropriate.  In fact, at one time the ordinance was proceeding through the 2016-18 village council – the ordinance passed 3-2 on first reading held April 3, 2017. A special council meeting was called (requested by the vice mayor) for Independence Day weekend, 2017, (yes, a Saturday, July 1, 2017) – where, inexplicably, the second reading was deferred by a 5-0 vote. (CLICK HERE to view the ordinance folder  

More importantly – the Vice Mayor had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018, if this is really what he desired however  Du Bois did not change back the 2016 ordinance. In a complete 180,  the Staff operating under Mayor Cunningham and Vice Mayor DuBois is now recommending approval of the 480.

The inexplicable in-action runs in stark contrast to what we heard from them in both the 2016 or 2018 elections.

Perhaps it is really the current Mayor and Vice Mayor who have turned their backs on Palmetto Bay!

There once was plenty of time for Mayor Cunningham/Vice Mayor DuBois administration to follow the March 2017 repeal manual provided by John Herin, Esq. There have been 78 meetings with the new council (and we all know there is nothing that prevents this current mayor and council from calling yet another special council meeting) – and yet this council never discussed it or let out a peep during any of them. Yes, though it made for great campaign fodder, the Mayor Cunningham/Vice Mayor DuBois administration never got around to doing anything to ‘fix’ this 480.

Results - there was no action to keep promises to 'undo' the "485"! 

So here we are – the Mayor Cunningham/Vice Mayor administration is recommended 480! Village paid traffic and zoning experts provide evidence in support of the Palmetto Bay Village Center. Instead of having done their jobs, the backs of these two were turned. Fingers pointing. I am waiting for their voices to blast through their proxy psudeo concerned group in their best ventriloquism act through email. And not only are they taking the 22 acres that I fought for and he argued against, but they are buying up the 18 acres we all agree are undevelopable (and not useable for park). 

Does this show laziness on his part or is this an admission that I have been right all along?

Why do I opine that the Vice Mayor never wanted the 22 acres? From his own comment in an e-mail wherein he specifically stating that it would be very unlikely to ever be any foot traffic through what he describes as a “mosquito infested park”. The Vice Mayor characterizes the entire “40 acre village park” as follows:

a. The 22 acres is discussed above, the other area is 18 acres of wetlands that will never be developed for anything nor will there likely be foot traffic through there as a mosquito infested park.

b. The 22 acres in question has had poor maintenance over the years and will require a tremendous amount of taxpayer money to bring it up the standards of a Palmetto Bay park property and then maintain it. IMHO, the current developer should be fined for neglect or be forced to bring it up to reasonable standards (at a bare minimum, trim back all 3000 foot frontage on Old Cutler road away from the bike trail). Is it $20K/year or $200K/year of village taxpayer money that will support it. Look at Thalatta Park, we were sold at $40K/year to maintain it, the village spent under two million dollars over the first 8 years for maintenance and to make needed improvements to it.

There you have it – 78 meetings where it was the Vice Mayor who firmly turned his back on Palmetto Bay. One has to wonder if the Zoning hearing of 6/2 was really unable to go forward or if the Mayor Cunningham/Vice Mayor DuBois administration finally woke up once they started receiving complaints and needed time to regroup and revise (or reverse)  the staff recommendations of their handpicked interim staffers.

The wagons are circled and their campers are gearing up for their volley of blame, smear and innuendo, but the facts remain. Its more than the numbers – 480 is the unit number. 78 is for the number of meetings where they could of, but failed to act, 40 (or 38) is the number for acres of land that the Vice Mayor has never wanted to take, but is there for the transfer.

Gamesmanship. Thankfully even in politics, the facts and truth sometimes rise to the top. They could delay it, but the realities of the Mayor Cunningham/Vice Mayor DuBois administration should now be obvious to those keeping a close eye on this village and the internal politics of shame.

In other words, either a sincere apology is due or someone has some serious explaining to do! The ball has been in their court. Action is long overdue. As I stated, an explanation is in order as to why village money was spend on legal opinion and assistance in reversing the 2016 ordinance, yet it was never completed, despite having the legal assistance as well as the votes to do so.  Their (lack of action) speaks so much louder than their words –or the shallow arguments of their puppet masters who continue to deny that they sat silent when Mayor Stanczyk sponsored the process to actually develop those 22 acres in 2014.