"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.

Documenting the facts: Charter school was imminent – presenting facts over campaign rumors

Facts presented to debunk door to door rumors.  Political season can be so ugly.  Candidates think that they can get away with planting false rumors through individual comments to individuals they speak to at the door. Those candidates are mistaken if they think residents don't ask others to confirm or deny.  I thank those who call to verify.  This is another one of my, "don't just accept, my word, read up on the facts, available online":

I am proud of my record on transparency and placing documents online.  Significant research can be done at home by those who would like to see what the actual votes were or the details contained in any resolutions or ordinances.  This is also why I have fought hard for on-line permitting – the ability to track your permit status without having to rely upon a return phone call (though everyone is certainly able to call live, during business hours, if that is your preference).

The facts are undisputed that David Singer, Larissa Seigel Lara and I removed that legal 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? Consider this as part of my rumor control. I am posting 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)

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. 
 

I continue to be transparent and provide the facts to address and resolve rumors and properly correct the record.

Read the Miami Herald article: April 9, 2018, by Monique Madan, "This city feared traffic so much, it wrote a $2.9 million check"

"A charter school would have completely and literally destroyed that area," said Palmetto Bay councilman David Singer. "All these people who don't live here would come, not pay taxes, increase traffic and use our services. There were no benefits at all, so we had to do something."

What would benefit Palmetto Bay's citizens, Singer said, is a community center. Earlier this year, the village council voted 3-2 to scrap the charter school by scrambling to buy the land. Their hope? Building a facility that would feature anything from a pool to classrooms and a gym.

Florida Charter School Alliance Executive Director Lynn Norman-Teck has commented on the status of the status of the Charter School proposed for Palmetto Bay . 

"Somerset Academy was progressing through this process," Norman-Teck said, "when the village swept in and took it from them." 

(Translation, when Councilman Singer proposed and set the action in motion to take it way from them)  

“[Somerset Academy] had gone before zoning folks and had a couple of community outreach meetings together, feedback and they were looking at that property, but before anything could be finalized, the property owner sold it to the village,” Norman-Teck said.

Thank you for your interest.

Your Mayor,

Eugene Flinn

A Charter School for Palmetto Bay? The Palmetto Bay Village Council will provide the answer on October 17

The Palmetto Bay council appears poised to approve the first charter school to be located within Palmetto Bay.  This action will occur on Monday, October 17, 2011, when the village council takes up the application brought by the Shores at Palmetto Bay, LLC, which is requesting to establish a Charter School facility for 1,400 students, specifically on a five (5) acre parcel near the corner of SW 97th Avenue and SW 180^th Street (immediately east of Village Hall).

 

The public hearing on this application will be held on Monday, October 17, 2011.  You can read the full Zoning Analysis by clicking HERE.   

CLICK HERE to review the plans filed by Shores at Palmetto Bay, LLC, with Palmetto Bay (90 page .PDF file)

A brief history of Charter Schools:

Liberty City Charter School in Miami became the state’s first charter in 1996, the same year that Florida approved Charter Schools. The number of charter schools have grown steadily since that first school, reported now to number more than 500 with over 154,000 students for last school year (2010-2011 school year).  This number approximates 10% of all students enrolled in Public K – 12 for last school year.

These facts are discussed in a recent online article of StateImpact Florida: From Minnesota to Miami: The History of Florida Charter Schools

StateImpact Florida bills itself as a collaboration of local public radio stations and NPR. Reporters John O’Connor and Sarah Gonzalez travel the state to report on how education issues affect you. Read their reports and listen to them on NPR member stations. Click on the headline above or CLICK HERE to view the recent article “From Minnesota to Miami: The History of Florida Charter Schools” posted September 28, 2011, by reporter John O’Connor.

Is the Palmetto Bay Council following a trend? 

Finally, back to the source, StateImpact Florida, an article was posted on September 27, 2011, entitled The Three Types of Florida Charter Schools.  (Click on the headline to view) All of the 500 Charter Schools within Florida gall into one of three categories, ranging from:

1. Non-profits founded by local activists, to schools set up by cities or towns; 

2. Private, for-profit companies managed charter schools; and 

3. School district managed charter schools

The legislature has granted more flexibility to charter schools than traditional school boards in operation of schools.  Charter school liberties intrigue district, posted September 26, 2011, by Palm Beach Staff Writer Allison Ross online with the Palm Beach Post presents action going on within the Palm Beach School District in regard to actual district-run charter schools.  The article details how school districts have grumbled about the flexibility charter schools have compared with traditional public schools and the recent action to incorporate district-run charter schools within their district plan to obtain some of the breaks that charter schools get.

Campaign lies exposed. Get the facts and avoid campaign lies. A great purchase for the village.

Campaign lies exposed.  Here are the facts about the purchase of the eastern portion of the Shores property. Look for the second part to be released soon as to why did the council refuse to sell the property back to the seller if it was such a bad deal.

Three members of the 2017 village council voted to purchase 2.0 (+) acres of the eastern end of the Shores property that was specifically described as “… essentially the school site and OTHER ROAD RIGHT-OF-WAYS ….” (emphasis added). It is very clear. Only the spin and lack of research (or honesty) is being put out there.  As the Hon. Dexter Lehtinen, the village attorney who negotiated and approved the transaction, would say: read the property deed if you want to know what was purchased.

Please review the entire resolution. CLICK HERE to view village resolution 2017-142.  Facts are facts. Get the facts.

This is not the first time .  Read my prior post of October 28, 2019, Village Council Chaos - Interaction with Village Attorney at a council meeting - Village Mayor & Council: You have been told repeatedly. You are the voting body. You have responsibilities of reading and knowing what you are voting on. It appears that lightning does strike twice in regards to this mayor and council, as once again, I find myself reminding this current mayor and council:

STOP AVOIDING RESPONSIBILITY; THE BUCK STOPS WITH THE MAYOR AND VILLAGE COUNCIL MEMBERS

Don't blame staff, the Village Manager or the Village Attorney. Neither sets policy. The bottom line – the council has always been kept up to date. Council Members can pick up the phone can call or personally meet with any Charter Officer about any item of concern. They were told at all time – were always kept in the loop. As stated by Attorney Lehtinen, it is the council who votes – and they have the responsibility to listen to what they are told; to read and understand what they are voting on.

Only the substances of the controversy changes. But then again, “a leopard never changes its spots”. It continues to be apparent to me that drama, chaos and lack of civility from members of this current village council remain the preferred method of official business in Palmetto Bay.

Oh, and a very, very interesting aside – please CLICK HERE to view Palmetto Bay Development Order from a 2014 zoning hearing where then Mayor Stanczyk and the 2014 council APPROVED a 1,400 seat charter school on part of the site later purchased by Palmetto Bay in 2018. (Note that this charter school could not be eliminated once approved, but it was later reduced by 400 student stations under me in 2015.) The Stanczyk council determined in this order that "... based on substantial competent evidence in the record, that the application for the charter school is consistent with the Village of Palmetto Bay's Comprehensive Plan and the applicable Land Development Regulations." 

The facts are facts that the purchase of these 2.0 acres of school site and right of way saved Palmetto Bay from the Stanczyk approved charter school as I placed a covenant in the land that remained under the Shores ownership that prohibits a charter school. The current mayor, village council member and village staff appear to be silent on that important fact, but then again, they retain credit regardless of where that lies and cast blame upon anyone but themselves. Shame on them and shame on candidate who lie.

Facts are Facts. Who is responsible? The mayor and council are responsible. They are responsible for researching and immersing themselves in the facts, not engage in a superficial, sloppy, half-baked charade that leads to character assassination.

Three members of the 2017 village council voted to purchase 2.0 (+) acres of the eastern end of the Shores property that was specifically described as “… essentially the school site and OTHER ROAD RIGHT-OF-WAYS ….” (emphasis added). It is very clear. Only the spin and lack of research (or honesty) is being put out there.  As the Hon. Dexter Lehtinen, the village attorney who negotiated and approved the transaction, would say: read the property deed if you want to know what was purchased.

Please review the entire resolution. CLICK HERE to view village resolution 2017-142.  Facts are facts. Get the facts.

This is not the first time .  Read my prior post of October 28, 2019, Village Council Chaos - Interaction with Village Attorney at a council meeting - Village Mayor & Council: You have been told repeatedly. You are the voting body. You have responsibilities of reading and knowing what you are voting on. It appears that lightning does strike twice in regards to this mayor and council, as once again, I find myself reminding this current mayor and council:

STOP AVOIDING RESPONSIBILITY; THE BUCK STOPS WITH THE MAYOR AND VILLAGE COUNCIL MEMBERS

Don't blame staff, the Village Manager or the Village Attorney. Neither sets policy. The bottom line – the council has always been kept up to date. Council Members can pick up the phone can call or personally meet with any Charter Officer about any item of concern. They were told at all time – were always kept in the loop. As stated by Attorney Lehtinen, it is the council who votes – and they have the responsibility to listen to what they are told; to read and understand what they are voting on.

Only the substances of the controversy changes. But then again, “a leopard never changes its spots”. It continues to be apparent to me that drama, chaos and lack of civility from members of this current village council remain the preferred method of official business in Palmetto Bay.

Oh, and a very, very interesting aside – please CLICK HERE to view Palmetto Bay Development Order from a 2014 zoning hearing where then Mayor Stanczyk and the 2014 council APPROVED a 1,400 seat charter school on part of the site later purchased by Palmetto Bay in 2018. (Note that this charter school could not be eliminated once approved, but it was later reduced by 400 student stations under me in 2015.) The Stanczyk council determined in this order that "... based on substantial competent evidence in the record, that the application for the charter school is consistent with the Village of Palmetto Bay's Comprehensive Plan and the applicable Land Development Regulations." 

The facts are facts that the purchase of these 2.0 acres of school site and right of way saved Palmetto Bay from the Stanczyk approved charter school as I placed a covenant in the land that remained under the Shores ownership that prohibits a charter school. The current mayor, village council member and village staff appear to be silent on that important fact, but then again, they retain credit regardless of where that lies and cast blame upon anyone but themselves. Shame on them.

Palmetto Bay Charter, Section 10.1, ruled unconstitutional on May 9, 2016

Court ruling is fully adverse to a Palmetto Bay Charter provision.

The Alexander Montessori school has been denied its expansion based upon its failure to obtain the 75% approval of eligible voters as required under the Village of Palmetto Bay Charter, Sec. 10.1 Private School Expansion. 

The Alexander School filed a lawsuit contesting this charter provision (Alexander School vs. Village of Palmetto Bay, case number 2015-024018 CA20).  Circuit Court Judge William Thomas ruled on May 9, 2016, the Charter language found in Section 10.1 was unconstitutional, the ruling and its language is attached (photo #2).

WHAT THIS MEANS (FOR NOW): The Alexander School can submit for expansion and not need 4/5 vote of the Council or have a special referendum of residents surrounding the property.

COUNCIL ACTION: The item has been added to the Zoning Council meeting for discussion on May 16, 2016 at 7 pm.

Sec. 10.1 Private School Expansion.
The number of enrolled students of any private school within the Village of Palmetto Bay shall not be increased without prior approval by a fourth-fifths (4/5) vote of the Village Council. No such approval shall be adopted by the Village Council until the request to increase enrolled students is submitted to a vote of Village of Palmetto Bay electors living within a 2,000 foot radius of the applicant school property by referendum, and 75 percent of the electors voting approve of such increase in enrolled students.
A list of Village of Palmetto Bay registered voters within the 2,000-foot radius of the school property shall be prepared by the Village Clerk. Any elector who resides on property or a portion of property that is within the 2,000 foot radius of the school seeking to increase the number of its enrolled students shall be eligible to vote in the election required under this provision. The cost of the election (including reimbursement to the city for all costs relating to the preparation of the list of eligible electors) required under this provision shall be borne by the school seeking to increase the number of its enrolled students.

I have no additional information at this time, but I will update with any relevant information as it becomes available.  For more information, please attend the May 16, 2017, meeting live, via online or WBAY broadcast.

Eugene Flinn, Mayor

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.”

Updates from cutlerbay.net, Cutler Bay News- Chili Cookoff, High School Discussion , Charter Commission Meeting

Concerned Citizens Discuss "A High School in Cutler Bay"

   

Concerned Citizens of Cutler Bay will host an open discussion, “A High School in Cutler Bay”, on Tuesday, January 3rd, from 7-9pm at their new meeting location, Cutler Ridge United Methodist Church, 20740 Old Cutler Road. All residents are invited

Cutler Bay Charter Commission Meeting

Thursday, January 5th from 5:30 to 7:30 pm in the conference room at town hall. The Charter Revision Commission will begin the process of reviewing the town's charter, the document providing the framework for how the town's government works. The January 5th meeting will focus on pages 1 to 17 (Articles 1,2 and 3). If you would like to make any suggestions for changes to the charter please email the committee by sending your comments to the town clerk at ecoulson@cutlerbay-fl.gov or by fax at 305-234-2535. Ms. Coulson will distribute all comments to the full commission. Please write “Charter Comments” in the subject line. Read the current town charter here.

3rd Annual Chili Day in Cutler Bay

Saturday, January 7th, at Cutler Ridge Park from 11am to 3pm. Cutler Bay will be holding their 3rd chili cookoff with prizes awarded for the best chili, salsa and corn bread in Cutler Bay. Chili tastings and entertainment for the whole family. To participate in the contest or for more information, contact Fred Bobson at 305-238-4166.

 Tom and Barbara Condon  

 http://www.cutlerbay.net  

     

 cutlerbay.net is an independent community website serving the Cutler Bay area and is not the official website for the Town of Cutler Bay.  CLICK HERE to red the actual e-mail update online.

Breaking News- Third District Court of Appeal REVERSES the trial court order striking the Citizen's Initiative regarding private school expansion

Congratulations to our Village Attorney Dexter Lehtinen for a significant victory for Palmetto Bay before the Third District Court of Appeal in the appellate case, No. 3D16-1201, Lower Tribunal No. 15-24018, Village of Palmetto Bay, Florida, Appellant, vs. Alexander School, Inc., Appellee.

As I requested, Palmetto Bay defended the Village Charter.  (This is a duty of your Mayor and Village Council).

The Third District Court of Appeal released its opinion today, Wednesday, March 15, 2017 - finding in FAVOR of Palmetto Bay and reversing a trial court Summary Judgment striking the citizen Initiative Charter provision requiring a 75% vote of surrounding electors prior to a private school expansion. Note that this does NOT end the litigation - it is not the final ruling.  The Summary Judgment is reversed and the matter is remanded back to the trial court for further proceedings.

CLICK HERE - to view the full 7 page opinion posted online with the Third District Court of Appeal.

This is good news for the Village and establishes Attorney Lehtinen's reputation as a outstanding legal advocate for the Village of Palmetto Bay.  Palmetto Bay has been represented by Dexter W. Lehtinen and Claudio Riedi of Lehtinen Schultz Riedi Catalano de la Fuente, PLLC.

From the appellate order:  The Village of Palmetto Bay (the “Village”) appeals a final summary judgment entered in favor of Alexander Schools, Inc. (“Alexander School”) finding Section 10.1 of the Village’s Charter to be unconstitutional. We reverse the trial court’s ruling. We find Section 10.1 is not arbitrary or ambiguous and the record shows that Alexander School failed to meet the high burden required to show that the ordinance is unconstitutional.

It is far too early to determine what the next step will be, if any, from the Alexander Schools, Inc. 

I would expect a motion for rehearing, then, if unsuccessful, further proceedings before the trial court upon remand of this claim. There is no guaranteed time line for resolution of a motion for rehearing.

Early Voting and Palmetto Bay Charter reommendations

Taken from the latest South Dade Updates e-mail blast.  Please CLICK HERE to view this e-mail.  Please sign up for  these updates if you are not presently receiving them.

Early voting began Saturday and runs through this Saturday, Nov 3. CLICK HERE to view official elections Department information on where you can vote early. The closest location to Palmetto Bay/Pinecrest is the Coral Reef Library, 9211 SW 152nd Street. For Cutler Bay, the South Dade Regional Library, 10750 SW 211th Street, is the usual early voting site, but any voter may vote at any early voting site. There may be sites near where you take your children to school, shop, work or simply where you may be nearby during this period where early voting may be more easily accessible and less crowded.

This will be a huge ballot, so plan on voting early and be ready for delays. Some voters spent as long as 6 ½ hours at the polls on Saturday. It was down to about half, or less than have the wait on Sunday. Please don't leave your vote until the last-minute on Tuesday, November 6.

I have endorsed Karyn Cunningham and Howard Tendrich for Palmetto Bay council as discussed below. This e-mail also discusses the charter amendments for the first time.

There are many State and County issues on the ballot. I often get asked how I am voting. I will be happy to provide further information if you want to e-mail me at eugeneflinn@aol.com. Or check the South Dade Updates blog as I have posted various articles from time to time on differing ballot issues and candidates. I am trying to keep the length of this update reasonable.

The length of the ballot for this election is absurd. It is the longest and most difficult ballot that I have ever seen in my years as a voter. Never before have elected officials placed so many items on a single ballot, as if to try to sneak things through, hoping that you will simply vote "yes" to give them what they want without reading carefully and considering the consequences.

PALMETTO BAY CHARTER QUESTIONS

Be careful and read the item before you vote. CLICK HERE to view the proposed Palmetto Bay Charter Amendments. The number one example is Palmetto Bay Charter Amendment # 4 - innocently entitled "Changing Term Limits" this is actually an anti-reform proposal that EXTENDS the present term limits from the present 8 to 12 years. Do not be fooled. We finally get a county charter question for 8 years for County Commissioners, but Palmetto Bay elected officials want to undo our earlier reforms and extend their terms.

Love it or hate it, but it does not belong in the charter. The Neighborhood Protection proposal belongs in the Comprehensive Development Master Plan (CDMP) and the procedural elements belong in the zoning procedures code, not charter. It is unwise to mix the two. You cannot properly amend your CDMP if it also requires a charter change to be consistent.

The purpose of a village charter is to define the type of government, which in Palmetto Bay is to have a manager - council form of government.

Items # 5 and 6 are bad proposals that allow the council members to interfere with the professional management of Palmetto Bay by the Manager and allow council members to meet with department heads or otherwise inject politics into the hiring of personnel. Don't let this happen. Vote NO and retain professional management. Elected officials should be required to discuss village business, our business, in the Sunshine, at a public meeting, not in private. Otherwise, each department head would have 6 chiefs; the manager and 5 separate councilmembers, all trying to direct the manager in different directions. Government in the Sunshine requires that the issue be discussed at a publicly noticed council meeting, discussed in public and publicly decide by majority rule. The public has the right to know. I was able to work effectively as mayor for 8 years under the current set of rules. The current council does not need, and certainly do not deserve a new set of rules.

Many of the other proposals make little sense; they are already provided for in the present charter and add nothing by passage other than risking adverse unintended consequences. I do intend on voting in favor of items #7, #10, and #12.

PALMETTO BAY ELECTION

This election is important for the future of Palmetto Bay. I felt we worked hard to build a strong sense of community in the first eight years of Palmetto Bay. I would like to return to a Palmetto Bay that benefited from community events such as family movie nights (remember those?), fewer lawsuits and less new regulations.

I have strongly endorsed the reelection of Councilman Howard Tendrich and long-time resident and teacher/advocateKaryn Cunningham to provide a new voice for Vice Mayor. Both candidates have positive insight and will work to represent all the people of Palmetto Bay. CLICK HERE to view my full endorsement for both Karyn and Howard.

Karyn Cunningham will restore our sense of community and will work well with, not against, the other council members on items that are important to us; protecting our quality of life, our children, homes, infrastructure and our village finances. She wants to hold series of meeting to engage us, the residents in visioning sessions much like the first council did when we first created Palmetto Bay.

Howard Tendrich is the biggest supporter of green on the present council. He has been a big supporter, working with me in the past and continues the work of making Palmetto Bay a "Tree City USA." He has pushed for greater accountability and is the single present member of the council work pushed for publishing the village check register online. He was a huge proponent of making Palmetto Bay's Village Hall LEED Platinum. We cannot lose Howard's common sense on the council.

The strength of Palmetto Bay was the "Ps" that I enumerated through my years of service, Parks, Planning, Police, Public Works and most of all People. We were once one Palmetto Bay and we need elected officials who will work to build the sense of community we previously enjoyed.

One new wrinkle to local politics has surfaced, a new "P" in Palmetto Bay and that is the sudden emergence of a PAC. See may article on the South Dade Updates blog: (Click the headline) The PACman cometh in Palmetto Bay, but what is the expected return on this investment on just 2 candidates?

I humbly recommend that we all vote for Howard Tendrich and Karyn Cunningham and vote NO on the Palmetto Bay charter amendments, excepting #7, #10, and #12.

Pet's Trust Vote YES #24

Please Vote Yes to show support for a Pet's Trust in Miami. This is a straw ballot on the November 6 ballot- which means it is there to gage the community support for creating a Pets Trust. It is then up to the County Commission to make it happen.

Thank you and I look forward to seeing you at the polls. Join me in working to for positive government!

Eugene Flinn

Community Center v. 1,400 Charter School. Which do you prefer?

Interesting question proffered by Council Member David Singer on a local Facebook page:

I have a question for the residents of Palmetto Bay, would you rather have a 1400 student charter school in our Village or a Community Center to serve all our needs?

Well?

Take the Poll that is posted in the right hand column:

"What I prefer for our Village of Palmetto Bay" far right column.