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.

Council Member Dr. Marsha Matson said it best - "No second for anti-bullying - wow"

Council says no - in the worst way - too chicken to second and publicly discuss the bullying and combating bullying in Palmetto Bay.

Item 14-F of the agenda for the regular village council meeting of Monday, June 3, 2024.  This was a simple resolution sponsored by Dr. Matson:

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL
OF THE VILLAGE OF PALMETTO BAY, FLORIDA;
AUTHORIZING THE VILLAGE MANAGER TO DONATE TO
THE VILLAGE’S YOUTH COMMUNITY INVOLVEMENT TASK
FORCE FIFTEEN HUNDRED DOLLARS ($1,500.00) FOR
THE PURCHASE AND INSTALLATION OF ONE (1) BUDDY
BENCH FOR ITS ANTI-BULLYING PROJECT, AND TO TAKE
ADVANTAGE OF RECEIVING A SECOND “BUY ONE, GET
ONE FREE” BUDDY BENCH; TO JOIN WITH THE TASK
FORCE IN OPPOSING BULLYING AT VILLAGE PARKS AND
PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Sponsored by Councilmember Marsha Matson)

The resolution merely sought support for a $1,500 contribution from the village for the Buddy Bench - a project that is being sponsored. Dr. Matson moved it forward but it failed for lack of a second. 

That means the request was DENIED.  In effect - each and every member of the village council - other than Dr. Matson - opposed this request.

Please note that this mayor and Village Council have never been shy to spend extravagant sums on a whim; such as allowing the expenditure of $25,000 to hire a lobbying firm to fight the neighbors on the so-called Tangle woods Park (can someone locate the resolution which approved this expenditure?). I cannot locate an instance where this Mayor and Council have failed to waive park and other fees (items placed on the agenda) for use of village facilities - which on many occasions totaled more that $1,500 per event.

So yes, Dr. Matson, "wow" not a single member of the village council would even second your item. The failure to second, and therefore even discuss - speaks volumes.

Please convince me otherwise - this council appears to be pro-bullying - both in their actions (which have been documented) and the current mayor and council are even too chicken to publicly discuss why.  Ignore and move on.

Pathetic. 

Prior related post of Tuesday, May 14, 2024, "And the Children Shall Lead". Perhaps the members of the YCITF should raise money to bring a Buddy Bench to Village Hall.

Here is the stated purpose of the resolution - can someone show me the controversy (other than it forces a much needed discussion of bullying):

WHEREAS, a worthy project of the Village’s Youth Community               
Involvement Task Force is to purchase and install Buddy Benches at
Village parks and property to provide safe places where individuals
can sit with and give comfort to persons being bullied; and,

WHEREAS, on its social media sites, the Village is soliciting
donations from the public, so that the Youth Task Force can purchase
and install a Buddy Bench at Village parks and property to accomplish
its anti-bullying project; and,

WHEREAS, the Village Council wishes to support the Youth
Task Force in its effort to combat bullying and provide safe spaces for
persons being bullied; and,

WHEREAS, the Village Council desires to donate the cost of
purchasing and installing one (1) Buddy Bench for fifteen hundred
dollars ($1500.00); and,

WHEREAS, the supplier is currently offering a “buy one, get one
free” bench for the purchase of one (1) Buddy Bench. 

SUGGESTION: If this mayor and council are so offended by putting up a mere $1,500; then they should apply the same frugality to all the giveaways, or better yet, reach into their own pockets and donate through their village salary, benefits and other perks that they continue to shower upon themselves. 

Note to anyone looking to view the (in) action on the meeting video - the specific item is (not)heard at 2:53:10

Palmetto Bay News - Op-Ed: Rudeness and bullying should not be the norm in Palmetto Bay By Marsha Matson, Village of Palmetto Bay Councilmember, District 3 -May 8, 2024

Palmetto Bay is definitely not a "Bully Free Zone".   

Council Member Marsha Matson is working hard - on her own - to involve the public - and it is sad that she has to go the route of an op ed piece. She can't do it alone at a meeting as she is but 1/5 of the votes of the council and cannot muster a majority for simple things like holding a town hall meetings for our fellow residents.  

Shameful. This is truly the never ending story.  This is your mayor and council, Palmetto Bay - and all those feel good proclamations and certificates are really just cringeworthy attempts to hide the toxic state of Palmetto Bay politics. Elections matter.

Here is opinion, her update, published online by the Community Newspapers on May 8, 2024:

Op-Ed: Rudeness and bullying should not be the norm in Palmetto Bay
By Marsha Matson, Village of Palmetto Bay Councilmember, District 3

I am a grandmother, who will turn 80 years old this year.  I decided to spend my retirement years serving Palmetto Bay, my community.   I helped found the Village as a municipality in the 1990s and early 2000s and I hold a deep affection for the Village and its residents.

So  I ran for Village Council in 2018 and won.  I liked making laws to help residents like reducing density in our downtown and regulating short-term rentals that disrupted quiet neighborhoods.  I enjoyed it so much that I ran for re-election in 2022 and won with over 60% of the vote, the highest of any village candidate.

In 2022, the Village Council added two new Councilmembers, Vice Mayor Leanne Tellam and Councilmember Steve Cody, who formed a solid majority block with Mayor Karyn Cunningham.  They set about running the village their way.  I did not have a problem with that because in our country, the majority rules while the minority is respected and has a say.   I sometimes disagreed with them and gave my opinion.  Over time, instead of listening to differences of opinion and working together to resolve problems, the majority block became more and more intolerant of dissent.  As I did not always agree with them, I became their target on Council to stamp out any hint of criticism of their policies.

In the last two years, they have intensified their efforts to stop me from asking questions and offering my opinion. You can see them in action by watching the most recent May 6 Council meeting on the Palmetto Bay Village website under public meetings:  https://palmettobay.granicus.com/player/clip/1943

I know it is disturbing to witness the rough tactics the Mayor and Councilmembers use on me.  Of course, it is extremely distressful for me.  What they do goes far beyond politics as usual.  When they perceive that I am going to say something they do not want to hear, they cut me off while speaking, talk over me until I stop, shout  “out of order” to have the attorney demand I quit talking, adjourn before I can speak, ridicule me, prevent me from finishing my sentence, and call me names.  They create a vivid picture of schoolyard bullies, except that they are public officials who, while knowing they are being recorded on video, verbally stomp on me.  In every instance, they succeed in preventing me from talking.

I am not the only person bearing the brunt of their distaste for dissent.  Mayor Cunningham, Vice Mayor Tellam, and Councilmember Cody banned the reading of resident’s emails out loud during Council meetings.  Emails were the most popular way for residents to be involved in village government.  When emails became more critical of them, they silenced them.  They abolished the Neighborhood Protection Committee, a committee that worked to protect residents’ quality of life.

I taught government at the University of Miami for over two decades.  I have a doctorate in political science.   I have a good idea of how democracy is supposed to work.   One of the most treasured principles of our democracy is the right of people to express their views of government leaders, especially when they disagree with what the leaders are doing.  This most sacred right, enshrined in our First Amendment, is under attack in Palmetto Bay.  If you find it hard to believe, I invite you to watch the May 6 Council meeting and witness the successful tactics Mayor Cunningham, Vice Mayor Tellam, and Councilmember Cody use to stop me from saying what they do not want anyone to hear.  This letter is my opinion.

Wait! Who wants to make a bet?

The village Public Relations team (whether you call it PR, Publicity or PIO) pushes out media featuring Mayor Cunningham.  Does anyone have any odds on whether the public information office will be fair and even handed by pushing out this council member's comments to the public?

As they say, "and that my friends, is the rest of the story."

PRIOR RELATED POST

Back to my opinion: It is unfortunate that this is far from an isolated event. This toxic bullying  has been going on for far too long. Please see a prior related post of October 11, 2021, Opinion: "Nevertheless, she persisted". Did this lead to a “Code Red” being called on Marsha? Cringe-worthy is the only way to describe the beat down administered on Dr. Matson at the October regular council meeting. Was this all because Dr. Matson wanted to restore just a scintilla of transparency into Palmetto Bay government?

Opinion: "Nevertheless, she persisted". Did this lead to a “Code Red” being called on Marsha? Cringe-worthy is the only way to describe the beat down administered on Dr. Matson at the October regular council meeting. Was this all because Dr. Matson wanted to restore just a scintilla of transparency into Palmetto Bay government?

She was warned. "Nevertheless, she persisted" and now we have to wonder who called the ‘Code Red’ on Council Woman Marsha Matson? Dr. Matson believes that we, the people, can handle the truth and wants affected residents to be included in the process, rather than merely voicing ok or objections after the proposed Interlocal agreement is a 'done deal'.

Dr. Matson should have seen it coming. After all, she revealed that the Manager advised her that her fellow council members were angry with her (CLICK HERE to read her e-mail or CLICK HERE to read the transcript of her appearance with Michael Miller of the Community Newspapers ).  Was it speculation or fear? Regardless that anger played out in the late hours of the October village council meeting when she was at the receiving end of what appeared to many to be a “Code Red” – a beat down for daring to break an unwritten chain of command in requesting a legitimate and interactive town hall meeting. (There is no such chain of command, by the way. Members of the Village Council always had access to the public through scheduled Town Hall meetings - that it until now, or so it seems)

What’s a Code Red? When many people hear the term "code red," they immediately think of the popular movie A Few Good Men.

As portrayed in that movie, a "Code Red" refers to a form of extrajudicial punishment — a type of punishment that’s carried out without a court’s oversight or any form of legal approval. The code red was a major plot point of the 1992 film A Few Good Men, where a character dies after receiving a code red. In the movie, the motive for the “Code Red” was retaliation for the young Marine violating an order of silence of the commanding officer. Hmmm, that sounds familiar as some suspect that motive for the October council meeting beat down was anger by 3 of the 4 other council members over Dr. Matson violating an unwritten rule of silence as to the bridge negotiation. How you might ask? By daring to ask for a public noticed, publicly held meeting where the veil of silence would be lifted on the 87 avenue bridge fiasco and, (horrors!) the affected residents would actually have input on what happens to street within Palmetto Bay before it is voted on. Dr. Matson's plans were not for mere comments, but an actual live forum with give and take interaction. You know, how town hall meetings were held prior to this current mayor and council.

But Noooooooo. The decorum really went out the window that night as council members took their turns voicing their displeasure at Dr. Matson. This should not have occurred. Read the decorum rules.

The decorum rules are simple. Really, a dignified council should be able to adhere to Village Code 2-45 concerning Decorum: 

All speakers must address their remarks to the mayor, speak in a dignified and courteous manner, and avoid admonishing individual members of the public, council and representatives of the village.

(bold emphasis added)

Fellow residents reached out to me who were embarrassed by how Council Woman Matson was treated. One specifically asked me "What do you think about Marsha’s treatment at the council meeting Monday night?  Council comments especially”

What do I think? In my opinion, it was shameful, unbecoming and textbook examples of blatant violations of the decorum ordinance. As Mayor, I championed both the original decorum ordinance as well as an update that was attached to each and every agenda. Currently published with each agenda is the following statement that all members of the village council agree to abide to:

WE, THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, HEREBY COMMIT OURSELVES TO MAINTAINING CIVILITY IN OUR PUBLIC AND POLITICAL DISCOURSE AND PLEDGE TO THE FOLLOWING PRINCIPLES:

• We will respect the right of all citizens in our community to hold different opinions;

• We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours;

• We will strive to understand differing perspectives;

• We will choose our words carefully;

• We will speak truthfully without accusation and we will avoid distortion;

• We will speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur.

(bold emphasis added)

These words have become meaningless under the current mayor and village council who engage in what can only be termed as shameful behavior directly and through proxies. Examples exceed the apparent code red beat down of their own, Dr. Matson, at the regular council meeting. Examples include juvenile attempts to give cute little code or nicknames to those who disagree with them, even publishing a strangely irrelevant video actually played as part of an official council meeting.  This really is one of those ‘you can’t make this stuff up’ moments. Members of this council, under this current mayor, often act as wannabe elementary school yard bullies. This is all yet another in a long series of events where they say one thing that sounds great, but act otherwise in defiance – an ultimate act of passive aggressiveness.

Private meetings held, not open to the average resident. Interesting note: Another thing I learned from watching the video is that the current mayor has been talking to a select few (one family was identified), who also were her main campaign supporters. This begs the question, why not include everyone? This is one goal achieved through Dr. Matson's request for a town hall, everyone has an equal chance to be heard rather than those village insiders who have special relationships and special access to the mayor.  Can we have a list of those meetings as well as the substance of what was discussed or agreed to?  I'm betting that this disclosure wont happen)

Though I have a long history of disagreements with Dr. Matson; I do also share items of agreement with her. Keep persisting Dr. Matson. It will take a change in mayor and at least 2 members of this village council, but the fight to restore transparency will eventually succeed.

My personal message to Dr. Marsha Matson, Council Member, District 3: Transparency and good governance in Palmetto Bay is a worthy fight. Don’t fear their angry words, proxy email attacks, or their juvenile attack videos or characters.

I also want to thank Patrick Fiore, Council Member, District One, who was the lone ally for transparency, who stood with Dr. Matson that night. He too believes that this is an issue of great public importance where residents should be a part of, not excluded from the substantive discussions of this process. 

Dr. Marsha Matson, Village Council, District 3, reveals how low Palmetto Bay Officials have sunk in denying transparency and access to government. All detailed in a shocking email of 9-30-2021 to the village manager.

When did it become a rule that elected members of the Village Council cannot hold a town hall meeting? This is outrageous. There was a time that Palmetto Bay was known for its Town Hall meetings and public access. My blog list 50 entries for blog posts involving Town Hall meetings (CLICK HERE to view a link to the 50 articles).

I speak as one of the founders of the Village of Palmetto Bay, as well as having the honor of serving as Mayor for 12 years, in stating that Dr. Matson has the right – and all members of the Village Council have the responsibility – to engage our fellow residents in town hall and other public meetings.  A critical purpose of town hall meetings is for officials to hear the community's views on issues of public importance. Residents have the right to hear from their officials as well as address them in a public setting.  

Who authorized the current mayor and manager to shut down town hall meetings? I missed any resolution or other official action implementing such a policy against transparency.

There have been no specific rules or guidelines for holding a town hall meeting and certainly there are no bars within the Village Charter or any ordinances to holding such meetings.

There should have been, and there should be, town hall meetings on topics including the ongoing 87 avenue bridge issue (the negotiations on the interlocal agreement), the 136 Street multi-path, budgets and so many other issues.

I am shocked and dismayed at the level of bickering and lack of civility that is ongoing within the current Palmetto Bay administration – I have reviewed the email of Dr. Marsha Matson, Council Member, District 3. I simply cannot understand why she has been cornered into this situation.

The behavior and resistance detailed in the email is unfortunately consistent with other behavior of this administration, led by the current mayor and village council members. I have 250 articles posted relating to transparency, many critical of what I view as a total lack of information available to the residents, not only in terms of public Town Hall meetings, but also being shut out to access to public records.

This government in sorely lacking in transparency, openness and accessibility when residents don't have access to the most basic information on what is going on in the Village and what the Council is doing.

A simple view of the Village Agenda Center demonstrates that NO meeting minutes, not a single set for minutes, has been posted online for any Village Council meeting held in 2021, 2020 and only four (4) for the meetings held in 2019. These meetings are limited to: January 7, 2019, 2 sets for the regular council meeting as well as the special council meeting of February 4, 2019, and May 21 (all not posted until November 5, by the way).

I have stated that transparency is dead in Palmetto Bay. Council Member Dr. Matson provides even greater insight as to how far this Village has sunk in withholding information and public access from residents.

Palmetto Bay residents should have full access to information. It is time for a movement to return to a transparent and accessible government in Palmetto Bay.

Foreshadowing - for now, please review the Palmetto Bay Path conceptual Plan proposed by Marsha Matson, Palmetto Bay Councilmember, District 3, March 18, 2019.

I am merely putting this out there for now- more to come later. This is foreshadowing.

Please review the Palmetto Bay Path conceptual Plan proposed by Marsha Matson, Palmetto Bay Councilmember, District 3, March 18, 2019. (CLICK HERE) to download and view this 23 page document.

And also please note - I do not believe this is available online on the official Village of Palmetto Bay web site, but you can find it here as it is posted to my Googledrive.

There is some good stuff (and some items where I will express opinions on at a later date) here - the SW 136th Street plan, consistent with the Joint Agreement with Miami-Dade County and Palmetto Bay - specifically resolution 2018-47.  And once again, please note - neither of these documents appear to be available online on the official Village of Palmetto Bay web site, but you can find it here as it is posted to my Googledrive. (CLICK HERE) to view this Miami-Dade County Memorandum of October 23, 2018 (17 pages). This County Memo includes Palmetto Bay Resolution 2018-47.

Here is what is currently posted on the official village website (CLICK HERE) - note the information is as posted on October 29, 2019, 4:00 PM.

136th St. Improvement ProjectThis project is currently under design. Improvements include minor widening of the roadway to add bike lanes on both sides of the road and milling & resurfacing the existing roadway. We are looking to replace the existing 5’ sidewalk on the South side of SW 136TH Street (Village of Palmetto Bay Side) with a new 7’ wide sidewalk. Other improvements will include pavement markings, ADA Compliant pedestrian ramps, and landscape improvements. This is a LAP Project between Miami Dade County and FDOT, and Village of Pinecrest and Village of Palmetto Bay are also stakeholders.

Finally, I have uploaded (former) Item 10E from the February 4, 2019, agenda - the Staff Report (remember when those were made available to the public?). This is a 31 page document relating to this issue I will be discussing at a later date. Please consider this part of your SW 136 Street Improvement 'tool box' for now. (CLICK HERE) to download and view.

There is more to come - I promise you. Information that is relevant to transparency in government (or lack of) as well as the status of prior agreements, notice and impact to residents, especially those who are most directly impacted.

Taking a close look. A ten foot multi-use path proposed for around Palmetto Bay by a member of the Village Council - here is how it might look. Actual photos of a similar, if not identical design. Offering some Pros & Cons

Discussion is ongoing between the Village Council members regarding a 10 foot wide multi-use path around Palmetto Bay.  Many residents are unaware of how serious this proposal is as this proposal was last discussed at a "Visioning" session held on a Saturday morning (January 12) where only 3 members of the public were present.  The meeting was not broadcast on WBAY or live streamed.  

The issue of public participation and notice of meetings is another discussion for another time. 

This present blog post is about wide sidewalks and what they will look like here in Palmetto Bay. I have posted aerial and street level photos below showing a 10 foot multi use path in a residential area. The area is SW 87th Avenue and Miller Road area. 

Is this what councilwoman Marsha Matson is proposing for Palmetto Bay? 

Please note this post is informational in order to discuss, not attack, the proposal. There are pros and cons to this proposal, as in most any ideas.  I discuss some of the issues below.

How would  such a path look, running alongside either SW 184th or SW 136th Streets? Along US1, would vehicles pulling out of stores and shopping centers stop before entering these paths or will they continue through to the edge of the road where they would block the path or worse, could plow into any bicyclists riding on the path?

Would your opinion change about such a path when advised that bicyclists would not be legally required to use such a path instead of the roadway?

Note:  This is just one way such a path could be completed. Perhaps softer walkways, such as used in paths at the park are prepare, though paths such as the one proposed for surrounding Palmetto Bay would certainly be subjected to much heavier, constant use including trucks and cars that would be driving over it to enter or exit properties.

          PROs / CONs

Pros: Nice wide sidewalk that services multiple uses including pedestrians, joggers, walkers with strollers, dogs, accompanying children in pedal cars or small trikes, as well as some slow moving cyclists.

Cons: Bicyclists competing with pedestrians, moving in same direction as the pedestrians or other users identified above. 

Cons for property owners:  That's a lot of cement in front of homes and/or businesses. Much more green space/drainage swale is taken up than simple bike lanes.

Additional cons specific to cycling: Bicyclists are vehicle drivers, they belong on the road… and they are safer on the road. This type of path discourages use by cyclists as, unlike the street or bike lanes, the route is constantly undulating due to the driveway curb cuts.   

Adult bicyclists do not belong on the sidewalk. Riding on the sidewalk is unsafe for cyclists and pedestrians. Cyclists on the sidewalk expose motorists to a higher risk of hitting them when entering or leaving the road — where the motorists are likely to be at fault in such a crash.

          FLORIDA LAW RELATING TO BICYCLES:

In Florida the bicycle is legally defined as a vehicle and the bicyclist is a driver. Bicyclists have the same rights to the roadways, and must obey the same traffic laws as the drivers of other vehicles. These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks. 

Downtown Palmetto Bay DUV updates - presentation 1 of 3 - Presentation by Council Member Marsha Matson, Special Council meeting of Wednesday, Jan. 9, 2019

I will have all three presentations from the Special Council Meeting of Wednesday, January 9, 2019, posted for your access when ready.  

CLICK HERE to download and view the 13 page .PDF slides from Proposal by Council Member Marsha Matson