Hershey's Kiss Christmas Commercial HD

An all time Christmas favorite - far a commercials go.  Just posting for fun.  Enjoy.

Now armed with a strong appellate decision in their favor, is the stage set for victory by Fairchild Subdivision applicant against Palmetto Bay?

Are Palmetto Bay officials about to take an additional loss in regard to the Fairchild Subdivision zoning application? (CLICK HERE to view prior related articles relating to FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY.)

Little has been said (I think nothing has been said) by the Palmetto Bay PR machine relating to the second case pending at the Circuit Court level.  This case is also styled  FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, but has been pending before a trial court under case number 2023-016828-CA-01. This case was heading to trial; the trial judge having denied cross motions for summary Judgments filed by each party back in late June, 2024.

EDITOR’S NOTE: What is a summary Judgment? : Summary judgment is a procedure used in civil lawsuits to fast track the litigation process and avoid unnecessary trials in those cases where there are no genuine disputes as to any material fact, and the moving party is entitled to judgment as a matter of law.

It appears that the Plaintiffs will be making a renewed attempt to secure a summary judgment in their favor (win) and avoid trial. This appears to be based upon the Order rendered by the Appellate Division, fully favorable to the plaintiff, slamming the Village of Palmetto Bay. See prior related post: Fully unfavorable decision rendered against the Village of Palmetto Bay by the court in FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, 2023-000033-AP-01 

The new Plaintiffs may argue that this appellate decision changes everything – and that the prior denial of their motion for Summary Judgment should be reconsidered in light of the Appellate Court ruling that Palmetto Bay officials "...failed to follow the essential requirements of the law, rendered a decision wholly unsupported by competent substantial evidence and subjected Petitioner to reverse spot zoning that resulted in a confiscatory taking of its real property.” 

This was a damning opinion and it was not contested by the village officials – they accepted the findings of that order without seeking a rehearing or appeal.

This hearing is presently set for December 3, 2024, at 9:30 AM. Before the Honorable Spencer Eig. Things are getting interesting once again – and interesting is not often good for the Village of Palmetto Bay.

The details (for those who like to take deeper dives):
Each side had filed their own motions for Summary Judgment in this case.  Fairchild Bay filed its motion on September 28, 2023. Palmetto Bay filed its motion for Summary Judgment on November 29, 2023.  The Trial Judge had DENIED the summary judgments filed by both Fairchild Bay and Palmetto Bay by order dated June 28, 2024.  The appellate order was released months later, on September 10, 2024.

So what has changed since those orders?

First of all, the parties have changed.  The ownership rights of the property has changes.  On February 22, 2024, the ownership of the Property was transferred from FAIRCHILD BAY SUBDIVISION LLC to Marcos R. Becari. Thereafter, on July 24, 2024, the ownership was transferred to Marcos R. Becari and Ann E.Becari as life tenants. As a result, Marcos R. Becari and Ann E. Becari have succeeded to all rights, title, and interest in the subject matter of this action.

The next big question is whether the named individuals are actually new parties or did they simply dissolve the LLC and step in individually? Also, will the new parties be more willing to work with this council or will they will take a harder line, especially armed with the recent appellate order?

We will wait and see.  The hearing is set for Tuesday, December 3 at 9:30 AM – which is Judge Eig’s standard Motion Calendar schedule.  Motions for summary judgments usually require a special set as they take longer than a simple 5 minute motion. Perhaps this is a hearing to discuss the appellate order and to discuss when to specially set the summary judgment motion for rehearing based upon the order.

About Fairchild Bay Subdivison LLC – this was a Florida Corporation that has been administrative dissolved, no longer in existence. The only officer listed was Sainz Homes, as manager and registered agent.

Mrs. Sainz, identified as the Petitioner's representative (Fairchild Bay Subdivison LLC), had testified before the Palmetto Bay Council that the Petitioner intended to subdivide the property; build two homes for the owners and have two single family homes available for sale.

I am unaware of the specifics as to the prior relationship, if any, Marcos R. Becari and Ann E. Becari, to the original applicant/Petitioner Fairchild Bay Subdivison LLC, or if this impacts the prior representation that two of the homes would be for owners or if all homes are to be developed and sold to unrelated parties.

The election results have been certified - and now its official: 24-Year-Old Mark Merwitzer Becomes Youngest Vice Mayor In Palmetto Bay’s History

A new generation is stepping up to lead.  These are exciting times for Palmetto Bay. 

The election was certified last Friday so the results are now official. 

Mark's hard work and perseverance paid off in the face of vicious rumors and baseless attacks. He ran an outstanding positive campaign based upon his qualifications and vision for our community.

As reported in the Palmetto Bay News: Mark’s campaign was considered a long shot. He faced an incumbent vice mayor supported by influential figures like the county mayor, local school board member, village mayor, and current and former Palmetto Bay and Pinecrest councilmembers, to name a few. Despite these odds and running against an opponent funded by political action committees, his grassroots campaign resonated with voters eager for change.

Perhaps his biggest challenge will be working with Council Member Dr. Marsha Matson to restore civility, accountability and transparency to Palmetto Bay.

Vice Mayor elect shows class and thanks his fellow residents. We look forward to great things in the years ahead

 A very nice thank you from Vice Mayor Elect Merwitzer.  I would expect no less as he is a product of this fine village:

Hello Gene,   I am truly humbled and deeply grateful for the trust you've placed in me as your new Vice Mayor. This victory belongs to each and every one of you who believed in a brighter, bolder future for our village. Together, we have shown that when a community comes together, we can create meaningful change. To my incredible volunteers, friends, and neighbors who walked with me, knocked on doors, made calls, and shared their enthusiasm — thank you from the bottom of my heart. Your support and belief in our vision for Palmetto Bay have made all the difference. Now, the work begins. I am committed to delivering on our promises—from traffic solutions to preserving our green spaces, reinstating the Neighborhood Protection Committee, and ensuring that every voice in our community is heard. This is just the start, and I am excited to work alongside each of you to move our village forward. As a small request, if you have a yard sign supporting our campaign, please take it down as soon as possible. Lastly, I encourage everyone to stay engaged. Let's continue to build a village that listens, learns, and grows together. I’m always here to hear your thoughts and concerns. Please feel free to reach out anytime at mark@markmerwitzer.com or via phone at 786-309-6743. Thank you once again for your trust and support. Let's continue to make Palmetto Bay a place we are all proud to call home. With gratitude and optimism, Mark Merwitzer Vice Mayor Elect of Palmetto Bay

Exciting times - 24 year old Mark Merwitzer - Palmetto Bay's next vice mayor

A great story for Palmetto Bay. Mark Merwitzer has been elected as Palmetto Bay's next Vice Mayor. 

Vice Mayor Elect Merwitzer was an original member of Palmetto Bay's Youth Advisory Board. 

Follow the video link at bottom as well as the story link to view/read great reporting from CBS News WFOR, Channel 4, Miami. Local News, Mark Merwitzer elected Palmetto Bay vice mayor at 24 years old, by Allen Cone, updated on: November 7, 2024.

Congratulations Mark Merwitzer - Palmetto Bay's next Vice Mayor!

 A new generation is stepping up to lead.  Exciting times for Palmetto Bay.  

Mark's hard work and perseverance paid off in the face of vicious rumors and baseless attacks. He ran an outstanding positive campaign based upon his qualifications and vision for our community.

I am excited to see what Mark will accomplish for Palmetto Bay.  He is a true son of Palmetto Bay - born and raised in our fine village. 

Perhaps his biggest challenge will be working with Council Member Dr. Marsha Matson to restore civility, accountability and transparency to Palmetto Bay.

Palmetto Bay campaign - getting physical and out of bounds. Well, I see this uncivil behavior at the polls as a reflection of the uncivil behavior from the current Palmetto Bay Council

Did anyone imagine this type of behavior here in Palmetto Bay?  I am shocked and dismayed.  As reported by the Palmetto Bay Neighbors Alliance in an email of Sunday, November 3, 2024 - supporters of the current council members continue to sink lower in their brutal campaign tactics.  Now the police have been required to get involved. This hurts.  My Palmetto Bay is much better than this. 

Where are the candidates to whom these campaign workers are responsible to either explain or reject this incident?

See below:

PBNA Mission Statement Palmetto Bay Neighbors Alliance is an organization of Palmetto Bay Residents who are actively involved in our community. Their objectives are: Maintaining and improving the quality of life in Palmetto Bay; Keeping the community informed on important issues; and Encouraging residents’ active involvement in their government. Police Stepped In! Dear Neighbors, Palmetto Bay Neighbors Alliance is reporting a disturbing incident that occurred during early voting yesterday at the Palmetto Bay Branch Library during one of the busiest times for our community to cast their ballots. Campaign surrogates working for Leanne Tellam and Steve Cody initiated a physical confrontation by repeatedly shoving another campaign's volunteer. Is this who we want to be? The situation became so severe that multiple police cars had to respond to our library. This sight greeted dozens of our neighbors simply trying to exercise their fundamental right to vote. For nearly an hour, voters had to navigate past law enforcement vehicles and witness police interviews just to access the polling site. Unfortunately, this is not an isolated incident. Multiple campaign workers from different campaigns have reported to us concerning interactions with these specific surrogates who have established a reputation for prior confrontational behavior. The police ultimately had to establish a three-foot separation rule between campaigns, which is a sad commentary on what our local politics has become. Palmetto Bay Neighbors Alliance believes Palmetto Bay can do better. We should be a community where expressing your opinion should never require police intervention. This incident begs the question: do campaigns really need police intervention to prevent assault? Our village is a peaceful place, a bedroom community where families live, children play, and neighbors greet each other with a smile. We are not a village where intimidation and aggression should ever be the norm. When campaigns resort to physical actions, it sends a chilling message to people that they might face hostility if they speak up or get involved. The campaign tactics of Leanne Tellam and Steve Cody and the conduct of their surrogates is an embarrassment to our community. Candidates are responsible for promoting respect and civility among their workers. We all have a role in making Palmetto Bay a reality without violence and intimidation in our politics. Let's choose politicians who heal, not hurt. Let's act in ways that bring us together instead of promoting those who push us apart. If you have concerns or experiences you'd like to share, please feel free to reach out. Your voice matters, and together, we can foster a community we're all proud to call home. This email reflects the opinion of the Palmetto Bay Neighbors Alliance. Sincerely, Palmetto Bay Neighbors Alliance Palmetto Bay Council may be contacted at the following email addresses below: Entire Council council@palmettobay-fl.gov Mayor Karyn Cunningham, kcunningham@palmettobay-fl.gov Vice Mayor Leanne Tellam, ltellam@palmettobay-fl.gov Council District 1 Patrick Fiore, pfiore@palmettobay-fl.gov Council District 2 Steve Cody, scody@palmettobay-fl.gov Council District 3 Marsha Matson, mmatson@palmettobay-fl.gov Village Manager Nick Marano nmarano@palmettobay-fl.gov Village Clerk Missy Arocha, marocha@palmettobay-fl.gov We recognize that not everyone may want to receive this information, and therefore, you can simply click the "unsubscribe" at the end of the communication and we will remove your name from distribution. PALMETTO BAY NEIGHBORS ALLIANCE palmettobayneighborsalliance@pbneighborsalliance.com The opinions expressed are those of Palmetto Bay Neighbors Alliance based on information we believe to be accurate. Questions or your feedback may be sent to the email above.

Community Newspapers - Host Michael Miller speaks with Mark Merwitzer, Candidate for Vice Mayor...

A great video from a candidate who will present himself to the public. He is well qualified to lead. He has vision. Mark Merwitzer is a product of our village. 

We should be proud of his accomplishments to date.  Support an outstanding member of our Village for Palmetto Bay Council.

Some priorities for Mark Merwitzer:

Bring back the Neighborhood Protection Committee - disbanded by the current members of the village council.

Traffic. Mark works for Transit Alliance Miami and has expertise he can bring to the village council. He also wants to work with WAZE (and has worked with WAZE) to remove cut through streets.

Experienced in real community engagement

The current mayor and council have voted for every high rise apartment - check the record. Many village residents would trade where they work in a heartbeat to save themselves their long commutes - but this is not what the present council is permitting in development.

My opinion: The time has long passed for the voters of Palmetto Bay to reject fake news and bogeyman politics

It’s time for Palmetto Bay residents to reject bogeyman politics. Palmetto Bay has two bitter residents who call themselves “Concerned Citizens” and send out e-mails, acting like they’re the Miami Herald endorsement – when it’s really just two individuals with nothing much to do except complain.  The name “Concerned Citizens” shouldn’t give them any more credibility than they deserve, nor should it give them the right to misstate the record and achievements of those running for or holding office in Palmetto Bay.

I can take it. I am not running for office and my record speaks for itself, but these two are simply making s**t up at this point. Now, apparently,  I am somehow "pro-bridge" when, as an elected Palmetto Bay official, I successfully fought off the 87th Avenue bridge for my entire time in office, and even while not in office from 2010-2018. This includes through quality negotiations and partnership agreements with the County.  Only when our current mayor took office did that fall apart. She chose to avoid a critical meeting at County Hall, and instead, publicly posted on social media that she was engaged in making exercise videos at Coral Reef Park. The council feigned ignorance of this County meeting even though it was discussed at length at the Palmetto Bay council meeting held the day prior.

But that is water under the bridge, as they say.  This mishandling of the issue is symptomatic of the general problem with the current council – including the council candidates up for reelection. They change their position based upon whom they are addressing, and they don’t want to take a stand. I have never changed my position on the bridge. I only point out how badly the current group had screwed up the situation, but they won't accept accountability. Unfortunately, it is always someone else’s fault.

Let me be clear: These two individuals support the incumbents because they know they will vote in lockstep with the mayor – having a three vote majority on every issue with no need for discussion – and the ability to shout down the other two council members from Districts 1 and 3. That’s not why Palmetto Bay was formed, and it’s not why we have a five member council, with members representing each individual district.  The idea is for there to be discussion and representation of several different opinions.

You have to ask yourself why Gary Pastorella and Shelley Stanczyk don’t want that.

NOTE: This is a never-ending story for the committee of two - they have brought this town back to the problems of 2012. See an article published online in the Palmetto Bay News - It’s bogeyman after bogeyman for this Palmetto Bay Council, By Grant Miller, Publisher -July 27, 2012  As Grant Miller pointed out: Those who study political history will note that most political establishments almost always need a perpetual enemy — real or imaginary. Its a tool, as he put it, a tool for extending floundering political careers. 

Follow up on the the facts relating to the purchase of the Shore property (partial). Facts are facts. Documents cited.

How sad for Palmetto Bay. The present members of the Village Council who are running for re-election just appear to make things up - bogyman politics at play.

FACT - a resident obtained his own appraisal for the Shores property. Guess what. It confirms the value of the land.  This was originally reported in a PRIOR RELATED POST of April 16, 2021, Wow. Facts are facts. I believe that the current mayor, vice mayor and other members of the Village Council owe a retraction and an apology to former Manager Silva.

I am reposting the factual response by former manager (and long time Village resident) Ed Silva:

This Council continues to refer to the appraisal done by a private resident to claim that we didn't get the correct amount of land in the downtown area. I'm providing a copy of an appraisal with the letter of authorization in which the appraisal company has been directed to only appraise the .98 acres of land. Look closely at the document and you shall see that the appraisal authorization letter clearly states that this subject property is a part of a larger 2.27 acre site. Ironically the appraised value for just the .98 acres was $2,050,000. There was no instructions to provide a value for the bigger right of way parcel. Now again ask yourself why having these documents the Council has elected to question the integrity of the Village Attorney and Village Manager who both are no longer associated with the Village? Seems a bit vindictive doesn't it?

Here is a copy of part of that appraisal:

Please watch the Video posted below where the Hon. Dexter Lehtinen explains the facts relating to this purchase. Please take note that this village council knows better than to attack Mr. Lehtinen in regards to the purchase.

This is in follow up to another PRIOR RELATED POST of October 10, 2024, Campaign lies exposed. Get the facts and avoid campaign lies. A great purchase for the village.

Not only did the Village obtain valuable land (that the village still owns - which is probably worth even more than what was paid for it), but we stopped the 1,400 student charter school that then Mayor Stanczyk enthusiastically approved (see the post for the resolution). 

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

Chickens - from "free range" to far ranging here in Palmetto Bay.

A little humor today (you just have to laugh) - as the ever increasing population of chickens and roosters have come home to roost here in Palmetto Bay.  A reader sent me this photo on Sunday, 10-13-2024.  

Apparently this lil chicken heard that McDonalds was serving Chicken, but I think she misunderstands the term serving in this particular instance. She'll make that mistake only once.

Loose chickens (or should I refer to them as really free range) are now found often at Coral Reef and Palmetto Bay Parks, surrounding homes and now local businesses.  I am told that you can find them at the bank on the corner of 184 & US1 as well as neighboring Big Lots, but I have not verified.

Yes, that is right, more feral chickens here in Leanne's Palmetto Bay. The population has exploded since Leanne's Chicken Ordinance. This chicken looks like she is ready for the fryer; giving up, fatigued from the false promises of the vice mayor & council. If only it could vote.

Far ranging chickens and roosters - classing up Palmetto Bay.

Prior RELATED POSTS:

October 7, 2024, Update - Roosters taking root in Palmetto Bay

August 14, 2024, Reader submissions - Chickens & Roosters multiplying at Coral Reef Park - non-native species appear to be thriving.

August 1, 2024, Chickens can be raised properly in Palmetto Bay - It was done. That was before Ordinance 2023-12.

July 22, 2024, Coral Reef Park and the Mangowood community have a morning wake up alarm. feral chickens in Leanne's Palmetto Bay. Seen today at McDonalds at 183 St. Looks like she is ready for the fryer; giving up, fatigued from the false promises of the vice mayor & council. If only it could vote

Join the ride 43, 22 0r 12 this Sat, 10-19 – BISCAYNE-EVERGLADES GREENWAY – detailed information listed on the flier

Join me at the Homestead Sports Complex this Saturday, October 19, 2024, for the EBC/Bike305 BISCAYNE-EVERGLADES GREENWAY Rides. Registration starts at 7:30 AM and last through 8:15 AM.

Choose your ride - 3 to choose from - 43, 22 and 12. See the flier for more information.

ALL RIDES ARE FREE!

I will be one of the ride leaders for the 22 mile route (route photos below). Jump in. Have I ever led you astray? It will be fun.

22 mile route standard view

22 mile route satellite view