Invitation accepted! Art South event. Claudina Charles event at the Perrine Community House.

This is one of those times where “Art speaks where words are unable to explain”.

A Palmetto Bay PR Team gimme - village inspired art - the Rooster - on display at the Perrine Community Center.

The Claudina Charles event will be held on Saturday, September 14, 2024, from 6:30 pm - 8:30 pm, at the Perrine Community House at Palmetto Bay - 900 Perrine Avenue Palmetto Bay, FL 33157.

We hope to see you there!

Happy Labor Day 2024!

 Happy Labor Day 2024!

I hope everyone who works hard to make America great is enjoying a happy and safe Labor Day weekend.  Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country.

The first Labor Day holiday was celebrated on Tuesday, September 5, 1882, in New York City, in accordance with the plans of the Central Labor Union. The Central Labor Union held its second Labor Day holiday just a year later, on September 5, 1883.

The vital force of labor added materially to the highest standard of living and the greatest production the world has ever known and has brought us closer to the realization of our traditional ideals of economic and political democracy. It is appropriate, therefore, that the nation pay tribute on Labor Day to the creator of so much of the nation's strength, freedom, and leadership — the American worker.

Read more about Labor Day on History.Com - Labor Day pays tribute to the contributions and achievements of American workers, and Labor Day 2018 occurs on Monday, September 3 (it’s traditionally observed on the first Monday in September). It was created by the labor movement in the late 19th century and became a federal holiday in 1894. Labor Day also symbolizes the end of summer for many Americans, and is celebrated with parties, parades and athletic events. (READ MORE)

Enjoy your special day.

Bring back fiscal responsibility - Candidate review - David Singer for Palmetto Bay Council, District 2

Here is an election website worth a look. Far from the usual platitudes. Read his real skills and experience and what it brings to Palmetto Bay. I have seen him in action on budgets. He is focused and fair. The works hard at preventing government wasteful spending so that our tax dollars actually go to the delivery of true municipal services.

His education includes both Florida State University and the University of Miami.

He has vast experience.  CPA and Real Estate agent, Eight years in public accounting, specializing in auditing, and experience in forensic auditing for various law firms.

"Palmetto Bay isn't just where I live—it's where my heart is. I'm committed to bringing our community together, giving every resident a voice, and steering our village back to the path of progress and harmony."

-David Singer 

David Singer has the skills and the proven track record. David will bring fiscal responsibility back to Palmetto Bay.

CLICK HERE to view his official website.

Mark Meritzer - knowledgeable and experienced on transit - an issue critical to Palmetto Bay

Update on transportation - and a breath of fresh air - Palmetto Bay has a candidate who actually understands transit and the issues relating to South Miami-Dade County.

Nearly 80% of those who took the time to vote - voted in favor of the non-binding straw poll on transit - "Does Miami-Dade County need to expand its existing rapid mass transit system? (Rapid mass transit is defined here as elevated Metrorail, passenger rail, and/or Metromover)" - as reported in the Miami Herald - Miami-Dade voters overwhelmingly say the county should expand rapid mass transit, by Catherine Odum, updated August 21, 2024

One source? Palmetto Bay's favorite son, Mark Merwitzer, the associate director of the advocacy group Transit Alliance, said he was pleased with the results of the straw poll. He said by voting in favor of this ballot measure, Miami-Dade residents made it clear they don’t want the “status quo” of “more highways and more traffic.” 

Miami-Dade’s growing population has exacerbated congestion and traffic throughout the county. 

Merwitzer added that he commends Gilbert, along with co-sponsor Commissioner Eileen Higgins, for their work.

(source above - the Miami Herald)

My take aways?

1.    Residents have loudly proclaimed their concern as to the state of transit in Miami-Dade County.

2.    Palmetto Bay has a resident - and candidate for Vice Mayor - who clearly understands the issues and is ready to advocate for Palmetto Bay.

3.    Mark Merwitzer has demonstrated that he can work with County leaders on issues of great public importance.

MiamiHal Host Hal Feldman talks with candidate for Palmetto Bay Vice May...

MiamiHal Host Hal Feldman talks with Mark Merwitzer, the policy director at the Transit Alliance. This interview originally aired on May 30, 2024, when Mark had just announced that he is running for the Vice Mayor position in Palmetto Bay.

An outstanding idea - an ideal subject for the Nature Postings Photogenic Nature Workshop - Palmetto Bay's free range chickens & roosters

This is why I put things out on the blog.  I get some great responses.  

One reader suggested that readers and "photo contributors" of the blog should enter the Nature Postings Photogenic Nature Workshop - set for Saturday, August 31, 2024

The following info is provided by official Palmetto Bay sources: This workshop provides the perfect setting for amateur photographers, professionals, and families to experience nature behind the lenses of a camera. Open to all skill levels and ages. All participants will be required to bring their own camera or phone. $10 per person. Register here.

Registration remains open - hurry and register - please don't chicken out!

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

 I am posting two photos taken early Wednesday, August 14, 2024. Where did the chickens come from? And no, this is not an invitation to engage in the which came first - the chicken or the egg

The children of our village have grown up with the recent duck slaughter. How long will it be before proper action will be taken against those who are irresponsibly releasing chickens into Palmetto Bay?

Here are some PRIOR RELATED POSTS:

July 29, 2024, A new exercise opportunity for Coral Reef Park - here now : "The ROCKY II Chicken Chase"

July 22, 2024, Coral Reef Park and the Mangowood community have a morning wake up alarm.

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

This could be funny except for how the ducks were slaughtered in Coral Reef Parks. Will the chickens meet the same violent end?

August 7 - Purple Heart Day. Remembering America's Veterans - special recognition for Purple Heart recipients

Palmetto Bay became the first South Florida "Purple Heart City" in 2016 - as per resolution 2016-40 that I was proud to sponsor as Mayor of Palmetto Bay.  It remains important to continue this recognition.

This is a national day of recognition. Purple Heart Day is observed on August 7 each year and is a time for Americans to pause to remember and honor the brave men and women who were either wounded on the battlefield or paid the ultimate sacrifice with their lives.

See Channel 10 News online: Palmetto Bay becomes first Purple Heart city in South Florida - Flag-raising ceremony held to commemorate honor, By Peter Burke - Local 10.com Managing Editor, posted: 1:22 PM, August 10, 2016.

See prior related post of August 12, 2016, Recognizing our Purple Heart Awardees. Palmetto Bay is now a Purple Heart City! where there are additional photos from this 2016 event

CLICK HERE to view other related posts recognizing our Veterans for their service.

Congratulations to Kirsten Faulkner - Gold Medalist - Women's Road Cycling

Congratulations to Kirsten Faulkner - She only began cycling as a hobby in 2017 - and dominates the Olympic road cycling event in 2024!  Inspiring.

As reported online by NBC News: 

It was the "upset of a lifetime" in women's road cycling as American Kristen Faulkner surged ahead of the pack to secure gold at the end of the race.

Faulkner was not a favorite to win this race but the former rower crossed the finish line almost a full minute ahead of Netherlands' Marianne Vos and Belgium's Lotte Kopecky.

This is the first Olympics for Faulkner, who did not qualify on her own for the race and was added to Team USA at the last minute. She only began cycling as a hobby in 2017, saying it provided an outlet for her venture capitalist job in New York City.

“It was kind of my outlet every day to get into Central Park and ride for two hours away from the bustle of the city,” Faulkner told NBC News last month.

A great story.

Transit on the ballot in Miami-Dade as officials look to expand Metromov...

See Channel 10 online for the full story - excerpts below:

MIAMI – Advocates say Miami-Dade voters have a choice on the Aug. 20 ballot.

“More highways, more congestion, or a new option?” Mark Merwitzer, with Transit Alliance Miami, said.

A measure on the primary ballot includes a non-binding question about expanding rapid transit in the county, specifically the existing Metromover and Metrorail systems.

It comes as choking congestion prompts county commissioners to look at elevated rail along the county’s East-West Corridor: a Metromover expansion along Flagler Street to Florida International University.

“The number one complaint about quality of life in Miami-Dade County is the traffic,” Merwitzer said. “Traffic is a nightmare and public transit is the solution to that.”

Miami-Dade County Commissioner Eileen Higgins summed it up thusly: “People are trapped in traffic.”

see Channel 10 Miami - As congestion chokes Miami-Dade, transit on ballot as officials ponder Metromover to FIU

EDITOR'S NOTE: I am not sure how I will vote.  I am far from pleased as to how the current half cent sales tax is being (mis)spent. I'd like to send a message and vote NO, but they will play the vote how they want to, regardless of the results.

UPDATE: I am posting a screen shot of the County Straw Ballot question.  Do we really need to answer it? The answer is obvious. But note that this does nothing toward upgrading South Dade with anything elevated, which the prior mayors of Pinecrest, Palmetto Bay and Cutler Bay fought for.  This locks South Miami-Dade into the bus; but now with the old fashioned Railroad style crossing gates (talk about antiquated technology). 

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

I stated prior that there have always been residents in Palmetto Bay who raise chickens, but it has always been kept responsibly and under the radar because of the code. There was no feral chicken or worse, rooster, population in Palmetto Bay - that is until post 2023 - as amateur chicken farmers kept them under wraps.  It has been only recently that the feral roosters have begun to show up in various areas of Palmetto Bay.  Have they reached a level where the roosters can be described as a local invasive species?

My issue is when you legislate a right, legislate it so it does not infringe upon others.  In my opinion, a bad example of an possibly well intentioned, but not well thought out ordinance – Palmetto Bay Ordinance 2023-12, sponsored by Vice Mayor Leanne Tellam.   Palmetto Bay officials enacted a hastily considered ordinance which even noted that "...roosters, which can and do disturb the peaceful quality of life in the Village ...." – and yet here they are (Roosters).  Now there are feral populations of chickens and the accompanying roosters throughout Palmetto Bay.   

And, as many predicted – the chickens would come home to roost. We are now seeing the effects. Free roaming chickens attract Roosters. 

Here is a PRIOR RELATED POST where I discussed raising chickens: March 24, 2020, Coronavirus adjustments. In this case, “the 'chickens have come home to roost'” has a positive meaning. Time and a desire for family activities, a pet and eggs, all come together for this family.

Changes due to the Coronavirus. Her son always wanted chickens as a pet. This has become a project during self-quarantine as they now have the time to set it up right. They have an activity. He has the pets he has wanted and she now has fresh eggs. This is a true win/win for all concerned. No longer does her son have to egg her on.

(NOTE - names and location withheld)

In this case, “the 'chickens have come home to roost'” has a positive meaning. Time and a desire for family activities, a pet and eggs, all come together for this family.

A new exercise opportunity for Coral Reef Park - here now : "The ROCKY II Chicken Chase"

For the fitness buffs - Palmetto Bay is supplying the chickens - all you have to do is chase them!

Also see PRIOR RELATED POST - Monday, July 22, 2024, Coral Reef Park and the Mangowood community have a morning wake up alarm.

I'm told that there are many to choose from - see photos posted below - supplied by readers (Please send more)

Also coming soon - reader submitted photos of Roosters who have come home to roost in other areas of Palmetto Bay (please mail photos to me at eugeneflinn@bellsouth.net)

Meeting notice from the EBC - wait - didn't at least one of their reps advocate for the 136th Street fiasco? What's the difference?

 

Coral Reef Park and the Mangowood community have a morning wake up alarm.

It's time to wake up Palmetto Bay!

“Curses are like young chickens, they always come home to roost” 

So who brought the chickens to Coral Reef Park? Perhaps it was Palmetto Bay Ordinance 2023-12, sponsored by Vice Mayor Leanne Tellam.  

How is that Palmetto Bay Chicken ordinance working out?  There were plenty of backyard chicken keepers pre-incorporation (prior to 9/10/2002) through 2019. But people kept them responsibly; it was live and let live and Palmetto Bay did not have a feral Chicken issue. People kept them under wraps, but the village, most notably ,  Vice Mayor Leanne Tellam wanted to open the door to encourage them – Such as contained in Palmetto Bay Ordinance 2023-12, sponsored by Vice Mayor Leanne Tellam.    As many predicted – the chickens would come home to roost – and you can’t have free ranging chickens without attracting Roosters. Nevertheless, Palmetto Bay officials enacted a hastily considered ordinance which even noted that "...roosters, which can and do disturb the peaceful quality of life in the Village ...." – and yet here they are (Roosters).  Now there are feral populations of chickens and the accompanying roosters throughout Palmetto Bay.  

So what is next, a Rooster slaughter on the scale of the past duck and tree slaughters at Coral Reef Park?  Stay tuned. 

Palmetto Bay Ordinance Sec. 20-66. Domestic animals.

(a) No person shall be permitted to take any domestic animal into any park unless the park specifically permits domestic animals. Canines (dogs) are particularly excluded from all parks other than Perrine Wayside Park. The provisions of Chapter 5 (sections 5-3 through 5-15) of the Code of Miami-Dade County (Miami-Dade County Dog Control Ordinance No. 58-28) shall apply to all park property not specifically designated for canine use. The provisions of this rule shall not apply to the use of a special needs service animal. As special needs service animal is defined as any dog guide or other animal individually trained to work or perform tasks for an individual with a disability.

(b) Cattle, mules, swine, sheep, goats, fowl or horses shall be precluded from entry into park property. All owners or attendants of such animals are charged with the duty of preventing such occurrences. However, this prohibition does not apply to animals and fowl kept by the parks department of under its direction. Any person found violating this provision shall receive a $200.00 civil citation.

(c) Animals may be allowed into the park for special events upon obtaining a written permit from the department director.

(Ord. No. 07-16, § 1(Rule 16), 6-11-2007)

Photos of the day - Wanna buy a courthouse?

Wanna buy a courthouse? Be the first to privatize the Civil court system.  Turnkey ready.  Historic elevator doors.  Mold and prone to basement flooding.

What a way to go – a FOR SALE sign on the steps. Usually other properties are “sold on the courthouse steps.” Appreciate the irony.

This is the current Miami-Dade County Courthouse, formerly known as the Dade County Courthouse.  The building is a historic courthouse and “skyscraper” (for its time) located at 73 West Flagler Street in Miami, Florida. This building was added to the U.S. National Register of Historic Places on January 4, 1989.

It was constructed over four years (1925–28). The building is 361 feet tall with 28 floors (give or take, based upon any undocumented settlement).  This building was once famous for the seasonable buzzards.  The Courthouse was the tallest building in both the city of Miami and state of Florida in its heyday.

A new courthouse is nearly completed nearby. It is time to offload this building.  I’m sure this will be an “as is” sale.

Just for fun - I like to take "Bike Leaning Against --- " photos.  Here are two from a May 2023 ride from home in Palmetto Bay to downtown Miami and back.  A great ride by the way.

I may have found the reason why the current mayor and council remove so many trees - Dendrophobia

Palmetto Bay is not blessed with a Lorax council. Trees have been removed for horrible projects such as the SW 136Street multi-path.  Several trees in the way of her bridge project were actually smothered and then removed at Coral Reef Park – as well as failing to protect trees hundreds of years old throughout the village such as the huge Oak in the Morningside neighborhood (near Franjo Road) or all along the Old Cutler Road.  What is wrong with this tree hating council? 

Well, I have formed my own opinion: Dendrophobia - the fear of trees. Is this what drives the current mayor and the members of the village council to remove so many trees? 

I looked up this condition on the Cleveland Clinic website - https://my.clevelandclinic.org/health/diseases/22587-dendrophobia-fear-of-trees

Here is what I found on that website:

Dendrophobia is a fear of trees. People with this specific phobia feel anxious when they think about or see a tree. Many people with tree phobia have had negative experiences with trees. You can overcome a phobia of trees with exposure therapy, cognitive behavioral therapy, dialectical behavior therapy and other treatments.

Someone with dendrophobia may be afraid of:

Dangers hidden in trees, such as spiders, scorpions or snakes.
Encountering trees after dark.
Shadows made by trees.
Sounds of leaves rustling in the wind.
Tree branches or entire trees falling on them.
Tripping over tree roots. (a real concern presently at our parks - see photo right)
Walking or driving near or underneath trees.

Or maybe the mayor and council members suffered traumatic loses of their kites – to kite eating trees – when they were younger.

So perhaps there is an explanation for this tree hating behavior.

via GIPHY

Happy Father's Day - 2024

I want to wish a very Happy Father’s Day this Sunday to all fathers and grandfathers and those who fill the role of Dad, who live, work, play, or raise their family here in and around our communities.

Father’s Day is a day to honor and commemorate fathers and forefathers. A special Father’s Day wish goes out to the families who are separated due to military service, especially overseas

“Fun Facts” relating to Father’s Day:

The first presidential proclamation honoring fathers was issued in 1966 when President Lyndon Johnson designated the third Sunday in June as Father’s Day. Father’s Day has been celebrated annually since 1972 when President Richard Nixon signed the public law that made it permanent.

Father's Day is the fifth most popular card-sending holiday, with an estimated $100 million in card sales. Husbands, grandfathers, uncles, sons and sons-in-law are honored as well as father.

Neck ties, according to the U.S. Census Bureau, are the number one gift for Father’s Day.

2 Fun quote for this year:   

Stanley T. Banks; (Character, movie - Father of the Bride (1991):
You fathers will understand. You have a little girl. She looks up to you. You're her oracle. You're her hero. And then the day comes when she gets her first permanent wave and goes to her first real party, and from that day on, you're in a constant state of panic.

Kid Rock (musician):
Being a father helps me be more responsible... you see more things than you've ever seen. 

Happy Father’s Day! 



 Enjoy the YouTube videos - both from the movie "Parenthood."

  

Direct question - one tree saved - but I am seeking a statement from current Palmetto Bay officials: please state with certainty how many trees in Coral Reef Park will be chopped down for the new building

Are these trees in the way of "progress" - it took a viral online petition to save one tree, but which of these large, mature shade trees remain on the chopping block?

It is a fair question:  Madam Mayor, Mr. Manager, anyone from the council - please tell us in full and complete sentences how many trees and which ones are to be chopped down to make way for the new building?

The trees pictured above had red ribbons placed around them in April of 2024.

Will these trees also be protected or are they also on the chopping block?

Trees simply seem to "disappear" at Coral Reef Park!

These benches (below) were not installed in the direct sun light, but were originally shaded by a tree.  Where did that tree go? Look closely (click on and enlarge the photo - below right) you can find the stump giving evidence that there was once a tree shading those benches - and those who sat upon them. 

Past evidence. The haunting shadows of trees past (below center. Shade removed.  

Palmetto Bay officials have said nothing said about why these trees were hacked and removed.

EXACTLY HOW DOES THIS BUILDING FIT IN THE TREE CANOPIED AREA?

This new building is being shoehorned into one of the most dense areas of tree canopy.  There is a reason for the tree canopy - it is an area where our village children could play in the shade. Sure, the building will be air conditioned, but at what cost to our existing tree canopy?

Here is an official proposed site plan for the proposed building:

There is no overlay to demonstrate how this fits and which trees will be cleared for this project.  I am trying to do my best with the following photos of the current area:

Same photos above, but the other mature trees are circle in red (the saved tree is circled in white). Which trees survive and which ones are on the chopping block? As I like to say, these are all fair questions to ask and certainly the current mayor and council members should know, after all, haven't they all been following this project, giving direction to the manager and staff?

PRIOR RELATED POST - Here is an example of the true record of  the current mayor and council - the deforestation of  Coral Reef Park:

September 17, 2021 - A good (BAD) example of how Palmetto Bay officials are squandering our environmental assets. The affected trees were cut down & removed on 9-16-21 CLICK HERE

The Council never made a public statement about what was happening with these trees. Nope, not a peep - I'm sure their taxpayer funded PR department was of the opinion that it was better to say nothing than to admit their mistakes. But their actions did speak loudly as a tree removal crew quietly showed up on Thursday, September 16, to remove their mistakes. Two 40 plus year oaks were hacked down and removed from Coral Reef Park. What trees, you may ask? 

Above - other original oaks in the way of another vanity project of the current mayor and council.  The trees were there first - and any competent designer or any caring council could work around the trees. Who knows, perhaps they did not even know those trees were there until they broke ground.  The trees are first smothered, then ignored, the chopped down/removed and then the last evidence is removed.

This current mayor and council should resign from "Tree City USA" in shame. 

Flag Day 2024 - a patriotic day - Fly your flag. Info on the holiday with link to video

 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. I have chosen the Military dot Com site to provide more information on flag custom: 

UNITED STATES CODE

(Display of U.S. flag)

Title 36, Chapter 10 PATRIOTIC CUSTOMS

Sec. 174. Time and occasions for display

The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable), Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays.

Have a happy Flag Day. Fly it proudly.  

Eugene Flinn

Congratulations - huge public outcry forces the village to save the tree - after they said it couldn't be done. Coral Reef Park update

Question – how many voices does it take to force the mayor and village council to do the right thing?

Answer – over 730 voices involved in a viral online petition.

Who are the real heroes here?  Over 730 people plus the three who truly lead the charge. Thank you to all those who spoke up in person, in emails and in the online petition that became a tsunami forcing the council to reverse court and promise to do what the manager said could not be done.

Thank you once again to Council Member Dr. Marsha Matson, who has become the Lone Ranger to Palmetto Bay residents.  She acts on behalf of the residents when the current mayor and remaining council members sit in stone silence, oblivious in the face of needed action.

Dr. Matson was a catalyst of this latest action – remember we all were told that (check the video snippet – provided courtesy of A Better Palmetto Bay)

Dr. Matson:        Can the multi-purpose building in Coral Reef Park be moved to save the old tree?

Manager:            I don’t think at this point it can, ma'am. And we have briefed for the past year that that there were a number of trees that we going to be removed.

FAIR QUESTIONS:           
1. When was a landscaping plan presented to the public? (SPOILER ALERT – It wasn’t).
2. Why were no other members of the village council, including the mayor, following up and showing any interest or concern for the tree(s) at this meeting (or at any other time)? (SPOILER ALERT – because they didn't care until the viral online petition hit 700 signatures.)

We, the people, want government to be brought out from under the shade and into the sunshine, not the passive areas of our parks through the destruction of our precious tree canopy.

THE OBVIOUS TAKEAWAY – the manager stated that for the past year, they have advised as to tree removal – and only the Lone Ranger, Dr. Matson, has ever raised an issue with saving trees.  Wow.  Watch the video.  Only Dr. Matson is active and engaged. The remaining members of the council are disengaged, actively disinterested, staring into space or reading papers or from their electronic devices. So it fell to grass roots – led by Mark Merwitzer, Pam Gorman and Palmetto Bay’s Lone Ranger.  The Mayor and council had the chance to involve the public, but they squandered the opportunity to allow the public to participate in important decisions.

Thank you Mark Merwitzer, who is active and energetic, as opposed to those stodgy members of the council who have no ideas and no ability to follow up and represent the people when staff is attempting to move items forward.  Far too many members of this council are there for the paychecks and benefits that they have awarded themselves. They don’t want to take any action, accepting the will of the staff.

He has the will and ability to be the voice of the people.

And Thank you Pam Gorman, who initiated the petition and rallied so many concerned residents to the cause.

No one would be evening learning of the proposed fate of the trees, or would have had a voice in this matter, had it not been for the leadership and determination of these three.  They were instrumental in this fight.

Action matters more than words.  This fight is not over until all the paperwork is completed. we need to remember that this fight is not over. We must remain vigilant and ensure Mayor Cunningham and the other Village Council Members follows through on the (appropriate) flip flop to now save this the tree. Let us hope that this success translates into a new policy, reversing this administration's terrible record and the countless trees they have destroyed in the name of development, we cannot afford to take her word at face value.

Remember - elections matter.

Ready for more litigation? And now we know the behind the scenes (aka actual) reason for the presentation, Amending Sect 30-60.32 relating to Medical Marijuana Regulations (Sponsored by Administration and Prepared by Community and Economic Development Director, Heidi Siegel, AICP)

Things have been far too quiet lately on the litigation front. The silence has been shattered by a new lawsuit filed against Palmetto Bay; filed June 10, 2024. The Plaintiff is Plants of Ruskin, LLC, a company incorporated as a Florida Limited Liability Company.  It appears to have been incorporated on August 31, 2017.  The principal address is listed as Apollo Beach, FL, 33572.  The mailing address is in Chicago IL 60610 – where the listed corporate officers also appear to reside.

So the council failed to resolve.  We now have another major lawsuit - Plants of Ruskin, LLC v. The Village of Palmetto Bay, CaseNo.:  2024-010503-CA-01, assigned to the Honorable Mavel Ruiz who will be called upon to resolve this matter. 

The Plaintiff is seeking the following:

As to Count I, Declaratory Judgment (beginning page 12 of 108), the Plaintiff is seeking the following:

... a declaratory judgment in its favor declaring that Sections 30-60.32(d) and (e)(1) of the Code are unlawful and invalid, and that they should be stricken because they violate Section 381.986(11)(b)1, Florida Statutes, by imposing specific limits the numbers of medical marijuana dispensaries that may locate within the Village, and award such other and further relief as the Court deems just and proper

.As to Count II, Injunctive Relief (beginning page 18 of 108), the Plaintiff is seeking the following:

An injunction from the court prohibiting the Village of Palmetto Bay from:

                (i).           denying the Plaintiffs Application based upon the ordinance;
                (ii).         requiring the Plaintiff to submit a “Distance Requirement Analysis” pursuant to Section 30-60.32(2) of the Village Code;
                (iii).        imposing any restrictions, duties, obligations or conditions precedent to approval of (the Plaintiff’s) Application that in any way relate to or stem from the Ordinances; and
                (iv).        awarding any other relief as (the) Court deems just and proper.

Does anyone have any information as to claims that individual council members have met with the applicant / plaintiff in private. Just once, can we please have some detailed disclosures on what occurs in these private meetings – to avoid disclosure is a serious breach of transparency in my opinion.  

State law states that the Village Council must comply with State Law if it is to allow the sale of medical marijuana – but state law allows banning the sale of medical marijuana within a municipality.

I am providing a link to the actual complaint. Note that it is a large download – 108 pages. 

I am also providing a link to the staff memorandum provided for the March 20, 2024, Committee of the Whole Meeting.  The memorandum is 52 pages.  The staff report reveals that:

At the December 18, 2023, Zoning Hearing, Village Staff presented application RZ-23-008, an ordinance amending Section 30-60.32 (Low-THC Cannabis and Medical Cannabis Dispensaries, Treatment Facilities and Independent Testing Laboratories) to be consistent with State law. The item was continued at the request of the Village Council to allow discussion at a Committee of the Whole workshop.

Staff appears to be calling out the village council for requesting that this matter be deferred – from December 18, 2023, to a COW Meeting held in March. Obviously, we see no action taken nearly six (6) months later – which appears to have led up to this lawsuit.

This is a far too common method of dispute resolution – inaction by staff and/or the mayor and village council resulting in a lawsuit. Once the lawsuit is filed, the current mayor and village council have a new entity to blame – the courts.

Please note that a transcript from the zoning hearing of Monday, December 18, 2023, is provided as an exhibit to the Complaint filed by Plants of Ruskin, LLC – yes that is right – this item was heard as part of a zoning hearing.  The transcript begins on page 22 of the complaint and ends on page 25. The transcript appears incomplete and I could not find any disclosures regarding any ex parte communication between any member of the village council with any interesting party. 

I will advise as to any information I receive. We shall see how this one plays out. This appears to be a defensible case. How will the village taxpayers make out in this new litigation?