E-blast update from Vice Mayor Merwitzer on the Palmetto Bay Village Center and Independence Day celebration

 

Wednesday night didn't go the way we wanted. The settlement agreement with the Village Center developer on Old Cutler Road passed 3-2, with Mayor Cunningham, Councilman Fiore, and Councilman Cody voting to approve the massive development deal. The deal they cut will bring 450 units, over 130,000 square feet of retail space, buildings up to 130 feet in height, and a 120-room hotel to Old Cutler Road. But I want every resident to remember that we showed up. Over 100 residents packed Village Hall, and the strength of our community was undeniable. The level of civic engagement we've seen, from the Palmetto Bay Moms' Chat to our environmental advocates to neighbors from every corner of our village, is absolutely unprecedented in our community's history. That energy in the room made our position clear, and I'm grateful that Councilwoman Matson stood with me in opposing this settlement and supporting my alternative proposal. Let me explain the choice we faced. The court had previously ordered a much less intense 2017 plan. I pushed for the council to stick with this court-ordered plan instead of cutting a deal with the developer to end their legal blackmail against the village. However, during Wednesday's meeting, the council chose to approve a settlement agreement that gives the developer more than the court-ordered plan required, adding over 130,000 square feet of retail space and a 120-room hotel that weren't in the original court order, while providing weaker protection for the 22-acre forest. Here's what convinced me we were fighting for the right approach. During the meeting, our lawyer passed me a note stating that the last thing the developers wanted was my alternative, because it would only give them what they're legally required to receive, not the extra commercial space and hotel that the village was about to fold on. What this told me beyond any doubt is that even those involved in this development privately recognize that the plan without the hotel and massive commercial units was not only viable, but would give the developer so much less. While I'm deeply concerned about the impact this settlement will have on our quality of life and traffic on Old Cutler Road, I refuse to let this discourage us. We have a major opportunity ahead. Two of the three council members who voted for this deal are termed out and ineligible for re-election in 2026. That means we have the chance to remake this council together. We've proven that when residents like you get engaged, when you show up, when you make your voices heard, this community becomes unstoppable. They want you to be discouraged. They want you to go home and give up. But that's not who we are. We are a community that doesn't go down without a fight. We are neighbors who care enough to fill Village Hall on a weeknight because we love the place we call home. And we are the movement that will carry this energy forward to 2026. Thank you again to everyone who stood with us, including the moms' groups, environmentalists, and concerned neighbors from every part of Palmetto Bay. This level of engagement with local government is unprecedented, and it gives me so much hope for what we can accomplish together.

Now for some good news! I promised to fight for a 4th of July celebration, and I'm thrilled to share that we made it happen! After the Village announced the cancellation of our traditional celebration during our May meeting, I immediately reached out on behalf of residents who were heartbroken about losing this beloved tradition. After the Village cancelled our celebration, I reached out to Commissioner Danielle Cohen Higgins's office for help, and I'm so grateful for their response. They have done an OUTSTANDING job putting together this incredible 'Fourth on the Fairway' celebration on incredibly short notice. Free entry, fireworks, live music, food trucks, mini golf, and more are coming to the Palmetto Golf Course on US-1 & 152nd Street. Gates open at 5 PM on July 4th! See you under the fireworks! Keep watching for updates. Keep staying engaged. Keep believing that we can protect the village we love. If you have questions or want to discuss anything, please don't hesitate to call me at 786-309-6743. We're just getting started. -Mark

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.  

Palmetto Bay drops our community Independence Day celebration - so County Commissioner Danielle Cohen Higgins steps up

Thank you Commissioner Cohen Higgins - Palmetto Bay officials dropped our downtown community Independence Day celebration.  It was a great event while it lasted.

I'm impressed with the scope of the activities listed - food, live music, picnic on the green and - of course - fireworks!

Thank you for stepping in and keeping our Independence Day celebration going for the Palmetto Bay area.  Here are the details:

Dear Friends and Residents, I am thrilled to invite you to our Inaugural Independence Day Celebration, 'Fourth on the Fairway' on Friday, July 4th, from 5:00 PM to 9:00 PM at the newly renovated Palmetto Golf Course. This family-friendly event is open to all and promises an evening full of community spirit, great fun, and patriotic pride—culminating in a spectacular fireworks show to light up the night sky. Event Details: Palmetto Golf Course | 9300 SW 152nd St, Miami, FL 33157 Friday, July 4th | 5:00 PM – 9:00 PM Fireworks show begins at sundown Please note: Due to the popularity of this event, we anticipate increased traffic and larger crowds in the surrounding area. We encourage all attendees to plan accordingly, use caution when traveling, and be mindful of pedestrians and fellow residents. We look forward to celebrating our nation’s independence with you and your family!

Register Here

As always, I am with you every step of the way. Yours in service, Danielle

Photo of the day

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.

June 14th is Flag Day. Fly it with pride. Happy Flag Day 2025

Today is June 14, which has been designated as “Flag Day.” June 14, 1777 is the date that Congress officially adopted our nation’s flag.

The U.S. flag has been modified 26 times since its adoption in 1777. Today's 50-star flag, created in 1960, has been in use the longest. 

 

Are you up to date on flag custom; which days are appropriate to fly your flag? The answer is every day, but there are special days when the flag should be displayed.

 

Please see Military.com for the article Flag Etiquette and the US Flag Code

The U.S. Flag Code is not legally enforceable, but adherence to it is considered a sign of patriotism and respect. The code formalizes and unifies the traditional ways in which we give respect to the U.S. flag, and also gives specific instructions on how the flag is not to be used.

 

Happy Flag Day.

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

Property Appraiser released the Estimated Taxable Values by Taxing Authority (June 1, 2025)

ESTIMATED PROPERTY TAX ROLL RELEASED

I am posting the June 1 preliminary tax roll numbers for Palmetto Bay as well as some of our comparable municipalities. Palmetto Bay Council members may feel free to review my numbers and provide their own assessments or advisement.

Source: MIAMI-DADE COUNTY, PROPERTY APPRAISER

2025 Estimated Taxable Values by Taxing Authority

Released JUNE 1, 2025

(CLICK HERE) to view the full document, available on the M-D Property Appraiser web page.

  5.4%   Coral Gables

  6.7%   Cutler Bay

  5.6%   Homestead

  6.9%   Miami Lakes

  9.1%   Pinecrest

  6.6%  Palmetto Bay

  9.1%   South Miami

  8.7%   Unincorporated Miami-Dade (UMSA)

  8.5%   Countywide (will affect your countywide portion of your tax bill)

  3.6%   School Board (will affect your School Board portion of your tax bill)

Notes:

Initial estimate released June 1:

The Miami-Dade Property Appraiser issued the June 1, 2025 Estimates of Taxable Value to Miami-Dade County's Taxing Authorities.  This allows the County, School Board, and local governments such as Coral Gables, South Miami, Pinecrest, Palmetto Bay, Cutler Bay, and Homestead to proceed with the preparation of their 2025-2026 budgets.

Final Property Roll to be released July 1.

July 1st the Property Appraiser’s Office will publish the 2019 Preliminary Assessment Roll, which provides the taxing authorities with their official numbers to set their millage (tax) rates in July.