Follow up. Helllloooo, McFly? Bueller,... Bueller? Anyone hear the real reason for canceling Palmetto Bay's annual Independence Day celebration yet?

The drama continues to build - release the Shores files! Helllloooo, McFly? Bueller,... Bueller? Great movies and fun to quote - but running government is important business to be taken seriously and fair questions have been asked as to the real reason for canceling Palmetto Bay's annual Independence Day celebration. Any updates yet?

Vice Mayor Mark Merwitzer has been following up for residents - he asked the important question to staff - in this case whether the Shores at Palmetto Bay has even been issued a building permit. This question was asked at the Village Council meeting held July 21, 2025. See the video excerpt below - the full meeting is available on the village website.

The answer given was that the Shores property has not received a building permit; that the Shores has not yet paid the impact fees.

So then - construction was not imminent, not before July 4th or even now, after this event should have taken place - so how is this alleged planned construction a viable excuse to cancel a major beloved beloved community event? 

SEE PRIOR RELATED POST OF Thursday, July 10, 2025, Full disclosure requested - what was the real reason for canceling Palmetto Bay's annual Independence Day celebration?

You have questions.  We'd like real answers.

Full disclosure requested - what was the real reason for canceling Palmetto Bay's annual Independence Day celebration?

Really, why? Anticipated construction at the Shore property appeared to have been the excuse - but I received photographs that challenge this narrative.  I went out and looked for myself and yes - there's no construction.  No site prep - nothing looks imminent at that property so then how could this property force a cancellation of the community event.  For background - see PRIOR RELATED POST of Friday, June 27, 2025, Thank you Vice Mayor Mark Merwitzer - the facts - Commissioner DCH picks up where Palmetto Bay dropped our very popular Independence Day community celebration

Residents have noticed that the current conditions of the related properties and some have brought this to my attention.  The community review of the properties appear to dispute the stated reason (excuses?) to support cancelation of the Palmetto Bay Independence Day celebration.  I will let the photos tell the story (photos taken after July 5, 2025):

The photo above is taken from county property website and documents the involved vacant properties.  The top area is a 5 acre area owned by the Children's Hospital. The Shores Property is approximately 3 acres that is located directly east of the Municipal Center The property marked by the yellow boundary is owned by Palmetto Bay and is the panned home for the $3+ million for profit Diadem Pickleball Facility.

The photos:

Note photo above: Franjo Road landscaped median appears in the foreground 

Above: The Shores property shows no sign of construction - no fencing is up and the property is properly maintained (mowed) and appears free of any fencing or pre-construction preparation.

The Children's Hospital property has a vacant 5 acre component that has been part of Village events in the past.  Photos:

Finally - I am posting photos of the property owned by the Village of Palmetto Bay. Note that it is the only property with any debris.  There are piles of rock and overgrown, cars and trucks are parked on the property, but no fencing or other items staged on the property that would indicate that any construction is imminent:

Is Palmetto Bay's property maintained to code? I bet this property would be subject to Code Enforcement if it was privately owned.  I can't imagine that the condition of this property is anything but an eyesore for those who live nearby.

What is the real reason for the cancelation? I wonder if the owner of the Shores At Palmetto Bay simply doesn't want to work with Palmetto Bay officials. But what about other surrounding properties? 

The most important question is whether we have suffered the end of Palmetto Bay's Downtown Independence Day celebration, most of which was held on the municipal center property and a closed off Franjo Road.  

Transparency? From the current Mayor and Council? Troubling - see the email I received today (Wed., 3-5-2025) from the Palmetto Bay Neighbors Alliance (PBNA)

I am posting an e-blast I received this morning from the PBNA.  Always an interesting read. As disclosed in the email, "The opinions expressed are those of Palmetto Bay Neighbors Alliance based on information we believe to be accurate." - note that the "we" refers to the PBNA.

CLICK HERE to view the online version of this e-mail blast.

PBNA Mission Statement Palmetto Bay Neighbors Alliance is an organization of Palmetto Bay Residents who are actively involved in our community. Their objectives are: Maintaining and improving the quality of life in Palmetto Bay; Keeping the community informed on important issues; and Encouraging residents’ active involvement in their government.

It's Time for Answers

Dear Neighbors, Our Mayor and her two sidekicks don't want you to know what's really happening in our village. Monday night, we learned of this new administration's new playbook, which is to hide bad news, make up fake problems to distract you, and shut down anyone who asks tough questions. They don't work for you. They rule over you. While you live in the real Palmetto Bay with rising taxes and traffic concerns, they're running a make-believe village where everything is perfect and they don't have to answer to you. It's time to speak up. Below is what they don't want you to know. The $200,000 Secret No One Was Supposed to Discover We are shocked to learn that the Village secretly hired lobbyist Jorge Luis Lopez, a hired gun, to fight against our own residents who are trying to buy land from Miami-Dade County. The Village recently spent over $70,000 on lobbying, on top of $130,000 previously spent that only came to light when the Vice Mayor exposed it. That's more than $200,000 of your money weaponized against your neighbors! No one on the Council voted for this. The contract was marked "confidential," and the village paid this firm to "watch opposition," meaning watch you and your neighbors. When asked why, they claimed it was "legal work" not needing Council approval, even though the manager himself called it a "lobbying contract" during the meeting. What an interesting way to hide this dirty work the village engaged in. Does this look like "legal work" to you?

We are deeply troubled to learn this and hope the village will provide residents with a full account of the lobbying work done to fight our own residents. Meanwhile, if you look at Councilman Cody's campaign finance reports, you will find a nice $1,000 check from the very same lobbyist, Jorge Luis Lopez. Mr. Cody claims that he returned the money "within minutes," but it is very interesting that Cody's own report shows that he spent $2,000 more than what he had received. How is that possible without some dark money? We deserve the receipts! Surprise! Council Members Are Getting $400 Car Allowances Your money is about to go into your council members' pockets. $400 each month for their cars, that's $24,000 total from your tax dollars. Did anyone ask you if this was OK? No. Did they announce this plan at a public meeting? No. Even the Mayor acted shocked when she ‘discovered’ she was getting this cash! What makes this truly awful is that they're thinking about raising your taxes at the same time. So they don't have money for your needs, but they found plenty for their own car expenses? While the Village Manager gets a huge paycheck of $200,000 each year, he also slips a nice little gift to council members. Conveniently, these are the very same council members who are now getting the $400 car payments that he instituted.

The Cat Feeding Ban That Makes No Sense In an ordinance no one asked for, Councilman Cody proposed criminalizing cat feeding and claimed that this compassionate activity somehow harms children. His silence spoke volumes when challenged to provide a single instance supporting this assertion. Cody’s proposed ordinance would impose punitive fines up to $1,000 on acts of kindness, misclassify domestic animals as wildlife, and address a "problem" that, by the manager's own admission, has generated no complaints. Here, we witness a policy crafted from made-up concerns that only exist in the imagination of those proposing them, instead of from caring to fix your problems. We have seen this same song and dance before from Mr. Cody and hope he will tackle serious issues in our community like traffic and maintaining our parks. "We Can't Talk About That" How Our Officials Responded When A Cyclist Died On Our Streets" Perhaps most troubling was how the Village handled questions about last week's tragic cycling death on Southwest 160th Street. The Vice Mayor tried to get basic information about this accident that happened in our community, but hit a wall of silence. It's been nearly 2 weeks, and our Village leaders haven't shared any official updates. When the Vice Mayor asked questions about making our streets safer at the meeting, the administration fought hard to shut down the discussion. They tried to hide behind vague legal concerns and the police investigation to say that they cannot share information with the public. When the Vice Mayor asked the police commander if public officials showing concern would hurt the investigation, the commander couldn't think of a single case where that's happened. Why the silence? Why not simply say, "We'll look at what happened and make changes if needed to keep our families safe?" The Village Manager wouldn't even promise that much. They seem more worried about looking good than fixing real problems that cost a life in our community. Keep up The Good Fight This is your Village. You deserve leaders who face facts instead of those who hide from them. Call your Council members today and ask why they're working against the people who elected them. Ask why they won't talk openly about making our streets safer. Our community works best when leaders remember you are who they work for.

Palmetto Bay Neighbors Alliance is a platform for and by the residents. Residents deserve to have their voice heard. Together, we can build the community for all of us and where laws are respected and all voices are heard. This email reflects the opinion of the Palmetto Bay Neighbors Alliance. Sincerely, Palmetto Bay Neighbors Alliance

Palmetto Bay Council may be contacted at the following email addresses below: Entire Council council@palmettobay-fl.gov Mayor Karyn Cunningham, kcunningham@palmettobay-fl.gov Vice Mayor Mark Merwitzer, mmerwitzer@palmettobay-fl.gov Council District 1 Patrick Fiore, pfiore@palmettobay-fl.gov Council District 2 Steve Cody, scody@palmettobay-fl.gov Council District 3 Marsha Matson, mmatson@palmettobay-fl.gov Village Manager Nick Marano nmarano@palmettobay-fl.gov Village Clerk Missy Arocha, marocha@palmettobay-fl.gov

We recognize that not everyone may want to receive this information, and therefore, you can simply click the "unsubscribe" at the end of the communication and we will remove your name from distribution.

PALMETTO BAY NEIGHBORS ALLIANCE palmettobayneighborsalliance@pbneighborsalliance.com The opinions expressed are those of Palmetto Bay Neighbors Alliance based on information we believe to be accurate. Questions or your feedback may be sent to the email above.

Is Palmetto Bay the "Village of Parks" or "Village of Perks" for village officials? $132,000 in part for "monitoring 'Opposition Activities'" (our neighbors). $400 a month car allowances. What else will we find if transparency is ever restored to Palmetto Bay?

 SURPRISE, SURPRISE, SURPRISE - Per the Vice Mayor: 

A salary and insurance is apparently not enough for their part time service, per the Vice Mayor:

Your council members want to give themselves a $24,000 car allowance while considering raising your taxes. They tried to push this through without public input. That’s unacceptable. 

This reads like a enemies list - use of one's tax dollars against them.  What a tangled web the Mayor and council have weaved against some neighbors who have been pursuing a legal process in regard to the "Tanglewood" surplus property (located under the FPL power lines):

The county urged the village to negotiate a compromise, but instead, the village spent over $132,000 of your tax dollars on a high-powered lobbyist to fight these residents. Worse, the contract was marked confidential, despite being publicly funded, and included plans to monitor “opposition activities,” meaning our own neighbors.

Taxpayer dollars should never be used to undermine residents who follow the rules. 

Read the Vice Mayor's updates and get on his e-mailing list! 

Hello,

I want to share what I've been working on as your Vice Mayor and how it affects your daily life in our village. I recently had the pleasure of joining Michael Miller from the Community Newspapers to share with you what I have been working on. Watch my interview with Michael Miller to hear firsthand about our community’s progress and plans.

Traffic Safety in Your Neighborhoods When residents reached out to me about how rush hour traffic turned some of our quiet residential roads into dangerous shortcuts, I took action. The good news is that we're slowly making changes that work. I am exploring how we can remove these shortcuts from navigation apps and am working with our administration on adding traffic-calming measures to places that need them. Throughout my term, I want to do more than the old approach of adding speed bumps to streets and calling it a day. Your street could be next. Just email or call me, and I'll come walk it with you. Fighting Distracted Driving Distracted drivers put your family at risk every day. We've all seen it with drivers swerving between lanes while talking on their phone, or the near-misses when someone's texting instead of watching the road. These dangerous choices kill thousands each year and create those frustrating backups when phone-distracted drivers miss green lights. I refuse to accept this as normal. That's why I'm headed up to Tallahassee to fight for a complete ban on handheld phone use while driving, joining 31 other states that have already taken this life-saving step. Your safety on our roads matters more than someone's phone call.

Moving Palmetto Bay Forward Since the election, I’ve been honored to serve as your Vice Mayor, focused on improving our community’s safety, infrastructure, and overall quality of life. Sadly, a fellow council member is now making false claims that I’m not the legitimate Vice Mayor, despite our fair and square election win. To counter these unsubstantiated allegations, the village had to spend $6,000 of your tax dollars on an independent legal opinion that fully confirmed my oath was properly administered. Despite that, this council member continues to push this debunked narrative. Meanwhile, the real issues you care about are waiting. I remain ready to work with everyone to move Palmetto Bay forward. That’s what you elected me to do, and that’s what I’ll keep focusing on.

Looking Out for Good Government I love parks. Like you, I want more green spaces for families and neighbors to enjoy. But how we create them matters just as much as having them. Many of you have asked about a property in northern Palmetto Bay, and you deserve the facts. Nearly three years ago, local residents followed all the proper steps to buy land next to their homes, just as their neighbors did in 2018. But as they neared the finish line, the village sent Miami-Dade County a “poison pen” letter, attempting to derail the sale. The county urged the village to negotiate a compromise, but instead, the village spent over $132,000 of your tax dollars on a high-powered lobbyist to fight these residents. Worse, the contract was marked confidential, despite being publicly funded, and included plans to monitor “opposition activities,” meaning our own neighbors. Taxpayer dollars should never be used to undermine residents who follow the rules. Do I want more parks? Absolutely. But not through backroom deals and hidden spending. You deserve transparency and honesty about where your money goes. We can find new places to build parks, but once trust is lost, it’s hard to rebuild. So I ask: What’s more important, another park, or a government you can trust?

Protecting Your Tax Dollars Your council members want to give themselves a $24,000 car allowance while considering raising your taxes. They tried to push this through without public input. That’s unacceptable. This makes no sense when our Village is running out of money for basic needs like stormwater management and infrastructure repairs. I ran for office to serve you, not to pad my own pockets. Adding new benefits to council members while asking you to pay more would break your trust, and rightly so. I will be pushing to stop this proposal so we can focus on what really matters, like solving our financial challenges and protecting the services you count on. Your Voice Matters Every decision I make starts with asking, "How does this help our residents?" If you have concerns or ideas about improving Palmetto Bay, my door is always open. You can reach me at 786-309-6743 Also, if you want to discuss any of these issues in person, just email me. I'm here to help! -Mark

Michael Miller speaks with Mark Merwitzer, Vice Mayor of Palmetto Bay - Tuesday - 2-25-2025

A must view.  The video is just under 30 minutes. 

Thank you Vice Mayor Merwitzer for attempting to bring back transparency and accountability to the Village of Palmetto Bay.

Some highlights (or lowlights depending upon your view): 

$6,000.00 has been spent due to a council member's rampage. The $6K confirms the opinion of the Village Attorney.

Tanglewood property - a majority of the Village Council has restored transparency and accountability.  It was disclosed how the county was managing surplus land - in this case - the FPL Easement Land at SW 77th Avenue and approx. 140 Street.  Over $132,000 of village tax dollars were spent on lobbying for this property (against the residents/surrounding landowners). It is the Vice Mayor's opinion that (go to the 9:00 minute mark of the video) the procurement code was bypassed.  "monitoring opposition activities" were raised as part of the takes assigned the lobbying firm. Furthermore - an unknown person or organization paid for a "push poll" - incorrectly insinuating that the land was to be sold for private developers.  The surrounding residents are NOT private developers.

The Vice Mayor is committed to bringing back the Neighborhood Protection Committee.  I briefly served on this committee until I was removed.  The entire committee was eventually shut down.  This was unfortunate. 

Transparency alert! - Check out 17:00 of the video.  A journalist notified Vice Mayor Merwitzer that Palmetto Bay was the only municipality not to share wage and benefit information for elected officials - apparently the Village Mayor and Council Members have allowed themselves to receive a "car allowance" of $400 per month. Does anyone here recall this ever being disclosed publicly; including approving such a major perk during the budget process? 

One step at a time – restoring some transparency and access to the Village. It is amazing how replacing a single council member can affect the entire village council.

Council Member Patrick Fiore found an ally in newly elected Vice Mayor Mark Merwitzer.  Three votes were there last Monday evening (Monday, Feb 3, 2025) to restore the ability to submit public comment via e-mail.

If passed on second reading, Section 2-49(e) will be amended in its entirety to read as follows:

(e) Written communication. Interested parties or their authorized representatives may submit written comments to be provided by the Village Clerk to the Councilmembers prior to the start of the Council meeting. Written comments shall be read aloud for not more than one (1)  minute and shall be made part of the public record of the meeting.

The prior Vice Mayor was part of a coalition to remove the reading of emails from the public meetings.  Thank you Vice Mayor Mark Merwitzer for your energy and collaboration with Patrick Fiore to get this item through by the razor thin 3-2 margin.

The task is not yet compete.  This is an ordinance and it requires passage at a second reading. I am hopeful that Council Member Fiore will move this item forward at the March Council Meeting and that he is once again joined by Vice Mayor Merwitzer and Council Member Marsha Matson.

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?

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?

Interesting - MUST - read - transcripts received relating to 2 attorney client meetings - the insider discussion of the Palmetto Bay Village Center litigation.

Why is it that information is not easily accessible in Palmetto Bay?

Palmetto Bay once had a litigation page where concerned residents were informed as to status of ongoing litigation, The transcripts were due to be released as the litigation had ended.  The case: 17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL, Case number: 2022-000012-AP-01, was final, litigation was at an end, upon the denial of the pending motions for rehearing by the Third District Court of Appeal on March 15, 2024.  The Mandate was issued April 4, 2024.  see my prior related blog post of December 13, 2023, Court slaps down Palmetto Bay's zoning appeal. The Opinion denying the Petition (appeal) was released December 13, 2023 (but was not final until the motions for rehearing were resolved).

I have posted two transcripts relating to the litigation involving the Palmetto Bay Village Center.  I have transcripts for April 3, 2023, and December 18, 2023.  Please click on the links to download and read for yourself.

What Could Have Been

We could have dropped the number to as low as 389 - but that takes negotiation, and the record reflects that Mayor Cunningham and her group won't negotiate.  They have delayed this issue for many years - refusing to make decisions and instead pushing this off to the courts, which conveniently provides the current mayor and the current council with  more people to blame.  Listen to them - read the transcripts - they blame everyone but themselves.  They could have successfully defended a well managed hearing with a proper denial - but look to the July 5, 2023 opinion - it details how not to manage any zoning issue, especially one so critical to our village!

The courts will not craft a compromise deal.  Its win loss - and Mayor Cunningham, and the Village lost - big! Litigation is not cheap. There is a very good reason why so many refer to litigation as the sport of kings. But hey, this is not their money.  It is ours.  

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.  An ordinance proposed and passed by then Council Member David Singer reduced the number to below 400 units. 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.

See: 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 Is Now?

Now, after years of expensive litigation, the Palmetto Bay Village Center has won the right to construct a much larger project -- with commercial units in addition to a larger 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. 

What was being contested (a lengthy tortured history):

Palmetto Bay held three different hearings to get to an inartfully crafted resolution denying the zoning application of the Palmetto Bay Village Center. These hearings were held October 18, 2021, November 15, 2021 and January 24, 2022.  The Village spent months preparing the final order (it was not rushed).  The order denying the zoning application was not signed until March 2, 2022.

The applicants (the owners of the Palmetto Bay Village Center - referred to in the litigation as 17777 Old Cutler Road, LLC.  Filed two actions on April 1, 2022 to contest the denial. :

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Case number: 2022-006141-CA-01
and
17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Case number: 2022-000012-AP-01  (the case discussed in this post)

Things did not go well for the Village of Palmetto Bay before the Appellate Division of the 11th Circuit Court.  The Appellate Division ruled 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.

Feel free to download and review these two opinions.  The opinions in these appeals should be required reading to learn how to follow the law versus denial for the sake of political gain.