Friday, September 13, 2024

Elected official hypocrisy 101 - you can’t make this up. When is a tree worth saving? SPOILER ALERT: only when it is not on Village owned property.

I love to hear from readers and find it interesting what some readers point out to me.  I verified and I am passing it on.  I am posting pictures below that really do expose the current vice mayor and other elected officials of this village for the ‘do as we say, not as we do” mentality.

BACKGROUND – One of my most popular posts in recent history was September 11, 2024, 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.

As detailed in the Court's opinion of September 10, 2024

“A thorough review of the record fails to establish substantial compete evidence to support the Village’s decision. The Respondent (Palmetto Bay) fails to identify any specific material and relevant statements from the public hearing that constitute substantial compete evidence. The evidence primarily addressed the Property’s ownership history, the potential loss of mango trees and Petitioner’s site plan for the future development of the Property...."(bold and underline access added)

Residents speaking against the project, as did the current Vice Mayor, were concerned for the loss of the mango trees located on the applicant’s property. Yes, that is right, as the court outlined in thee order (on page 4):

“Vice Mayor Tellam questioned the existing mango trees on the Property and potential loss of shade, …” (Sounds great, but wait until you get to the pictures below and prior post references to see the difference between her talk and the actual action)

Back to the background contained in the order. The court really took this counsel to task.  Outlining the relevant criteria in the applicable Code of Ordinances, (pages 11-13 of the Order). I find it a bit embarrassing that the court opinion recognized, and pointed out (last paragraph on page 13) that:

Rather than question Petitioner’s counsel regarding any of the above enumerated criteria, Counsel members asked questions related to the cost to acquire the Property; the Property’s ownership history; the Property’s topography; the potential loss of mango trees; and Petitioner’s site plan for the future development of the Property. ….

It was noted in this opinion that

None of the questions, … or discussion by Council members were relevant to the established criteria for rezoning.” (Bold emphasis added)

This is quite an indictment. Now if the above wasn’t bad enough (a true traffic wreck of a zoning hearing), it gets worse. And for this I am simply relying upon the photos below.  What do they show? Here is my opinion (and as discussed with others who pointed this out to me):

The Vice Mayor says she wants to protect the mango trees – but apparently only on the applicant’s property (private property, not owned by the Village).  Her alleged concern at zoning hearings does not match what has happened on village property under her watch. Look at the before and after photos of the property where the Village maintains the Public Works facility.  Look how all the shade trees – including many mature, long-time producing mango trees were cleared in 2024 – this year – so that village vehicles can park (no longer in the shade) on dirt (unpaved) grounds.  Would private property owners be allowed to do this? Of course not, as I stated earlier this is Vice Mayor Tellam once again showing disdain for trees on Village owned property and right of ways.  It has happened under this vice mayor and present council all along SW 136 Street for the mega sidewalk: Coral Reef Park: the Public Works building and soon to Coral Reef Park - where several mature oaks will be cleared for the community room.

No environmentalist would stand by and allow this to happen. Unfortunately we see here another politician who claims to be an environmentalist; but is really anything but.

Photos above - before the trees were felled
Photos below the canopy removed from the property sometime in 2024
- a mud pit and unpaved parking for village vehicles.

Yes, the before and after pictures are of the Village property located on the far south end of Palmetto Bay Park.  This is our elected officials doing their worst to set a bad example for all private property owners. 

A clear case of “do as I say, not as I do.” It really is sad; the trees have no chance in Palmetto Bay under this current council.

But it is sadder to see the blatant hypocrisy in how trees are treated on private property versus land owned by Palmetto Bay under this current council.

Prior related posts on how this current council does not value trees or a property tree canopy:

September 9, 2021, Remember the trees I warned the Village about in April? Well those trees are now dead. Why it matters.


The best example - may be another one of my opinion posts - the post of 

June 18, 2024, I may have found the reason why the current mayor and council remove so many trees - Dendrophobia



Wednesday, September 11, 2024

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

This decision hurts. You can’t spin it, though I am sure they will try. I am putting out the opinion rendered yesterday, Tuesday, September 10, 2024, in the case of FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OFPALMETTO BAY, 2023-000033-AP-01

The Court: the decision to deny Appellant’s zoning reclassification was arbitrary, unreasonable and confiscatory.

Wait for the projected village spin.  This hearing process was not a valiant attempt to protect the village – it is a model of how not to conduct a hearing or make a (bad) decision – I based this upon the stated opinion of the Judges – including 

“… (Palmetto Bay) 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.

Ouch

What was lost here was any opportunity to actually protect the neighbors through attempting to reach a reasonable compromise. Any compromise could have included covenants and other ways to protect the community in the future.  Of course, it is too hard for this current group to make a decision based upon the evidence and properly apply the law. That takes skill as an elected official (that they lack) as well as political guts.  It is much easier for this group to play to the Plebiscite and then blame the courts (or others before them) when their poor decision(s) hits the fan.

The court cited staff reports and testimony where the applicants could not meet the requirements of the zoning code under the current designation (see page 16 of the opinion) (which is why they were seek a change – to be compatible with the surrounding areas).

As detailed in the opinion, 

“A thorough review of the record fails to establish substantial compete evidence to support the Village’s decision. The Respondent (Palmetto Bay) fails to identify any specific material and relevant statements from the public hearing that constitute substantial compete evidence. The evidence primarily addressed the Property’s ownership history, the potential loss of mango trees and Petitioner’s site plan for the future development of the Property...."

By the way, the application was filed February 23, 2023 (see foot note 1 on page 2 of the decision). This means this entire action falls upon the Elected Officials elected in 2000 and 2022. This was based upon the municipal code put in place by that (current) group of elected officials.

This was not an error in the defense of this certiorari action, this is an error that started before the zoning hearing.  The errors occurred in how the elected officials failed to properly manage the zoning matter; in essence – well, as the opinion stated:

“(Palmetto Bay) failed to follow the essential requirements of the law, rendered a decision wholly unsupported by competent substantial evidence rind subjected Petitioner to reverse spot zoning that resulted in a confiscatory taking of its real property.”

The lesson is that if you deny, the mayor and village council better have some evidence to base their denial on.  They didn’t. The lost and now the village residents will pay the price for their foolishness.

This is a long opinion, designed (in my opinion) to provide guidance in order to prevent future errors.

The closing paragraph is the concurring opinion fairly sums this up:

For the reasons stated in the majority opinion, the decision to deny Appellant’s zoning reclassification was arbitrary, unreasonable and confiscatory. Kugel, 206 So. 2d at 285 (finding denial of a rezoning request unreasonable and arbitrary where “[t]he character of the property has already been changed by other actions of the municipality.”). Accordingly, I would grant the Writ of Certiorari because Respondent 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.

More to come at some future date. For now, I will wait for any village spin.  No matter how you spin it, this decision does NOT reflect well upon the officials of the Village of Palmetto Bay.

And note, this decision is "not final" until any motion for rehearing is disposed of, but I doubt very seriously the decision will be reversed upon any request for reconsideration.

Tuesday, September 10, 2024

Palmetto Bay turns 22 today, September 10, 2024.

Palmetto Bay was incorporated on September 10, 2002. I am wishing everyone a very happy 22nd. 

I have kept track of our Village History throughout this blog. Feel free to search this blog for numerous posts regarding our Palmetto Bay history. Start HERE.

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

EUGENE FLINN

Saturday, September 7, 2024

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!


Monday, September 2, 2024

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.

Sunday, September 1, 2024

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.