Lawsuit for personal injury filed against Palmetto Bay. Does the Street by Street initiative have any responsibility for the alleged condition? is it an improvement or a tool for avoidance?

An interesting lawsuit was filed against the Village of Palmetto Bay for personal injuries alleged to have occurred on May 18, 2019. The reason – poorly maintained sidewalk along SW 82 avenue causing a cyclist to go down. The lawsuit is styled ANGELA POLLY MASE VS VILLAGE OF PALMETTO BAY, 2020-003056-CA-01, complaint filed February 10, 2020. Defendant Palmetto Bay does not appear to have been served with the complaint as of the date this article was posted.

What happened? The description of this accident is contained in the allegations of the complaint for damages - paragraph 6:

6. On or about May 18 2019, Plaintiff XXXX XXXX was lawfully riding her bicycle southbound along the subject sidewalk. The subject sidewalk was defectively dangerous, it was uneven, protruding up from the ground and creating a hazard to pedestrians using the sidewalk in its intended manner. As (Plaintiff) traveled on the sidewalk the front tire of her bicycle hit the uneven lip of the sidewalk slab. The abrupt change in elevation of the sidewalk caught the tire of her bicycle and caused her to flip over the handlebars and smash violently upon impact. She suffered serious personal injuries as a result.

Did the Plaintiff comply with Section 768.28, Florida Statutes, prior to filing this lawsuit? The Plaintiff made a “boilerplate” reference in paragraph 10, merely alleging that "All conditions precedent and statutory requirements for the filing of this Complaint have been satisfied or waived." Florida Law that must be followed before filing suit: Section 768.28, Florida Statutes, requires that a plaintiff must put the municipality on notice of the claim and must wait at least 180 days after the notice to file a lawsuit (there can be waiver of the length of time in certain circumstances).  We will see if  Section 768.28 was complied with prior to filing this lawsuit. 

Was the sidewalk poorly maintained? I don't know the condition of the sidewalk on May, 18, 2019, the date when the alleged injuries occurred. I can only see the condition of that section as of February 19, 2020:

Photos above taken on 2/19/2020

Sidewalks or bike lanes - either way, there should be a safe way to travel 82nd Avenue by bicycle.  

We, the residents, have not heard much on the alleged “Street by Street” initiative for some time. Is this lawsuit part of the reason?  Rumors, some may call them concerns, include:

• Why is maintenance becoming ‘political’ – shouldn’t village maintenance be done through operation by staff and not subject to the political patronage of elected officials? (setting up the potential for a district v district fight for attention)
• Are some areas receiving their ‘Street by Street’ attention based upon political support, either past or expected future, rather than a prioritized level of need?
• Is political interference causing some areas to be ignored while other areas are receiving disproportionate attention?
• If no requests are made by affected residents, or if officials don’t inspect a certain street, does that mean there is no need to provide maintenance to that area? – in other words – does this mean we all need to be squeaky wheels?

Palmetto Bay has budgeted for sidewalk repair in each and every budget year. In the past (and maybe still to this day) the repairs are made annually based upon staff survey and priority. The repairs documented in the photos above appear relatively fresh, but one needs only to move mere blocks south on 82nd Avenue to find another section of sidewalk that appears to require 'street by street' attention:

Photo taken 2/19/2020

The uneven condition was once marked in orange paint with a temporary patch put in place. Both the paint and patch appear well worn due to time and weather. I am unaware as to whether this current section is scheduled for a more permanent repair or if it was taken off line pending revised priorities of this current mayor and council.

Fair questions, but back to the lawsuit. 

The lawsuit alleges that this accident occurred on May 17, 2019. 

I have a couple of concerns – first –to the cyclist – why on the sidewalk – that is not a safe place for a cyclist to ride. Sidewalks are best suited for pedestrians who should not have to compete with a cyclist. I have blogged about this before – See: November 28, 2018, Bicycling rules of the road - for cyclists and motorists

Why was this cyclist not in a bike lane? I worked hard to obtain a $1 Million TAP grant to update 82 avenue. But, to date, only the section between SW 160 and 168 have received the promised bike lane improvements.  This money will not last forever; there usually is a 5 year cycle to use this money. I have not personally checked up on this grant in a while.
see: November 21, 2018, Follow up – requesting status of the $1,000,000.00 TAP grant, will the new council follow through to maintain our priority for bicycle lanes, attempt to repurpose the money or reject this grant? 

Obviously, this suit is covered by our insurance, both any judgement and cost of defense, but claim loss history does impact premium costs (borne by the Village Taxpayers) as well as insurability. Regardless, coverage for personal injury should never replace maintenance and other preventative measures designed to prevent personal injury. 

Those interested in legal proceedings will certainly keep an eye on this case to see how it is resolved.

Other relevant Prior Related Posts:

July 20, 2017, Palmetto Bay Awarded $1 million TAP grant for bicycle lanes project The request was for bike lanes on 82nd avenue, partially completed between 160th south to 168th Street.  

April 3, 2019, POD - Bike transportation - not sport - along 82nd Avenue. Will I get a response to my request? Dumping $1 million?

Why I bike - local nature, environment and other eclectic sights seen via cycling South Miami-Dade County. Presidents Day 2020 excursion

From the "Why I bike" series. Presidents Day weekend 2020 was yet another great weekend to be active outside and view our South Miami-Dade County communities.

Above - seen along the Biscayne Trail - an abandoned bike carelessly thrown into the canal adjacent to SW 87th Avenue - south of SW 216th Street.

Above left & right: The infamous bike pose- #BAAW - where it crosses over the Deering Estate Flow-Way -along the Old Cutler Trail that runs from SW 87th Avenue Traffic Circle in Cutler Bay, through Palmetto Bay and Pinecrest - ending at the Cocoplum Traffic Circle in Coral Gables. 

Looking over the bridge, looking West (back toward Old Cutler Road) at some of the water flowing properly (as best as possible) back through the Deering wetlands into Biscayne Bay. The photos were taken attempting to book end parts of the Deering Estate Flow-Way - This is a (CERP) project that I am proud to have been involved in advocating for. This was a South Florida Water Management District (SFWMD) project (CLICK HERE for more). 

The Deering Estate project is part of a larger master plan to restore Biscayne Bay, known as the Biscayne Bay Coastal Wetlands Project. This plan is part of the Comprehensive Everglades Restoration Plan (CERP), which is helping to restore the quantity, quality, timing and distribution of fresh water in the South Florida ecosystem.

Take your family out there sometime when the water is running. The otters seem to like it, but good luck spotting them.

And of course, Deering Point (17350 Old Cutler Road  Miami, FL 33157) is located adjacent to the C-100 Canal at the southern point of the Deering Estate property. It’s almost like being in the Florida Keys as there is free public access to Biscayne Bay for canoeing, kayaking, wildlife viewing, watching a sunrise, and fishing. 

Below – families enjoying kayaking and a beautiful flat water day. (photo credits - all photos on this page were taken by me on the 2/17/2020 Presidents Day Ride)

The Ride route:

Prior related post in the "Why I Bike" series: June 30, 2019, Why I bike - local nature seen via cycling South Miami-Dade County. Bears, tortoises, fish and Iguanas - also known as Palmetto Bay resident Mike Estevez and team run across a wild bear (and thankfully, it got away - eluding capture)

Have a happy and safe Presidents' Day Weekend – a short history of this long weekend holiday

What have you been doing over this weekend?  Do you celebrate this federal holiday by reflecting upon legacies of past presidents; simply relax over a long weekend; take in one of the annual community events; take advantage of sales; or none of the above?  (I wonder what "none of the above" would entail?)

Presidents' Day is celebrated on the third Monday in February.  Sadly, by some, it is better known commercially as the Presidents' Day Sale where we celebrate and save with (alleged) great deals! Including providing for an extra 15 - 20% off plus free shipping (online)!

A short History of Presidents’ Day

Presidents’ Day was first celebrated in the 1880s, with the birthday of George Washington was first celebrated as a federal holiday.

Controversy: long weekends versus recognizing the actual date:

In 1968 Congress passed the Uniform Monday Holiday Bill in 1968. This moved federal holidays to Mondays. The intent was to provide for long weekends. There was opposition to this move, by those who believe that those holidays should be celebrated on the dates they actually commemorate.

And then there was one national day for all presidents:

How many of us remember celebrating both Washington’s and Lincoln’s birthdays as separate events? Presidents' Day became the officially celebrated holiday in 1971, to honor the birthdays of both Washington (February 22) and Abraham Lincoln (February12). Note that Abraham Lincoln’s birthday was celebrated in many states, but was never an official national holiday (I wonder which states celebrated? Extra points awarded for those who can answer)

Valentine's Day as a day of remembrance for Parkland victims - WLRN - 'Anguish In The Aftermath': MSD Survival Stories On Display In Tallahassee By Caitie Switalski

Lives lost and other lives irrevocably changed forever. Remembering February 14, 2018: 

Teachers, students, and families from Marjory Stoneman Douglas High School don't want people to forget how their lives were changed when a shooting claimed 17 lives on campus a year and a half ago. 

See WLRN Valentine's Day as a day of remembrance for Parkland victims -  'Anguish In The Aftermath': MSD Survival Stories On Display In Tallahassee By Caitie Switalski 

Photo - CBS News

See: CBS local 4 - Remembering The Victims Of The Parkland School ShootingFebruary 14, 2019

Happy Valentine’s Day - 2020

Elizabeth Barrett Browning:

How do I love thee? Let me count the ways.

St. Valentine. Who is this saint? The site describes where these traditions come.  Click on the link to find out about the history of this centuries-old holiday.

History.com interesting factoid: Approximately 150 million Valentine's Day cards are exchanged annually, making Valentine's Day the second most popular card-sending holiday after Christmas. 

 

I have to now ask how many e-cards are traded? (thank you family and friends)

 

[Editor's note: The description of this holiday would not be complete without mentioning the more recent tradition of special themed donuts created by the national donut chains 4th of July, Halloween, etc., but in this case,  special Valentine's donuts (noting also, that donuts are not recent)] 

 

Follow the link to Krispy Kreme 2020 Valentine's Day promo 

Follow the link to Dunkin Donuts 2020 Valentine's Day specials

Both national chains have locations here in Palmetto Bay.

 [OK, link-lovers, here is some historical reading on the modern donut: The History of the Doughnut, A look back at the men, women and machines that made America’s favorite treat possible, by David A. Taylor, Smithsonian Magazine, March 1998 – don’t spend too much time reading or your eyes may start to glaze over]

Origins of Valentine's Day: A Pagan Festival in February 

While some believe that Valentine's Day is celebrated in the middle of February to commemorate the anniversary of Valentine's death or burial--which probably occurred around A.D. 270--others claim that the Christian church may have decided to place St. Valentine's feast day in the middle of February in an effort to "Christianize" the pagan celebration of Lupercalia. Celebrated at the ides of February, or February 15, Lupercalia was a fertility festival dedicated to Faunus, the Roman god of agriculture, as well as to the Roman founders Romulus and Remus.
*** 
Valentine's Day: A Day of Romance 

Valentine greetings were popular as far back as the Middle Ages, though written Valentine's didn't begin to appear until after 1400. The oldest known valentine still in existence today was a poem written in 1415 by Charles, Duke of Orleans, to his wife while he was imprisoned in the Tower of London following his capture at the Battle of Agincourt. (The greeting is now part of the manuscript collection of the British Library in London, England.) *** 

Typical Valentine's Day Greetings 

In addition to the United States, Valentine's Day is celebrated in Canada, Mexico, the United Kingdom, France and Australia. In Great Britain, Valentine's Day began to be popularly celebrated around the 17th century. By the middle of the 18th, it was common for friends and lovers of all social classes to exchange small tokens of affection or handwritten notes, and by 1900 printed cards began to replace written letters due to improvements in printing technology. ****

 

Fact Checking: There never was any $7.5 million in County Transportation money available to the Village to use as it wanted, or to repurpose. There was a County proposal to 4 lane SW 87th Avenue beginning from 216th Street north into Palmetto Bay. I opposed that in 2003

Urban legends and myths. Some people love a good conspiracy. Here is the myth of the day:

I have a question...
Our Founding Mayor likes to brag about turning down 7.5 million dollars from the county.
Did he do that unilaterally or did the council vote on it.
He talks about 4 laning 87th but he never mentioned the 87th Avenue bridge.
Was what the money could be used for negotiable??
Asking for a lot of Friends.

My answer: No. A grant or appropriation from government requires significant work through applications. I know, under my administration, Palmetto Bay brought in tens of millions of dollars – from as small as a thousand or two for our police DARE programs to $3.2 million through the Florida Communities Trust (for Thalatta Estate) to a GOB appropriation of $7.5 million (Franjo Road). 

Here was my response. I’d love to see the alleged documents. 

Please have your friends provide me with the actual documents for this alleged grant. There was never any $7.5 million to use as the village likes. I post links to documents (when available, so please, have your sources show me theirs). I did OPPOSE the widening of 87th avenue as the County has never wanted to relieve congestion for our neighborhoods, only open up a flood gate of traffic. I take it that you want our 87th avenue to look and flow as 87th avenue from Kendall Drive north through Doral. That is where the County is going and that is a great example of your ‘complete grid’.  

SEE: Palmetto Bay Resolution 03-22 , March 3, 2003

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, OPPOSING THE WIDENING OF S.W. 87 AVENUE WITHIN VILLAGE LIMITS, AS PROPOSED UNDER THE PEOPLE’S TRANSPORTATION PLAN; PROVIDING AN EFFECTIVE DATE. (Vote 5-0: Mayor Flinn: Yes; Vice Mayor Robinson: Yes; Councilmember Feller: Yes; Councilmember Neidhart: Yes; Councilmember Breder: Yes)

If this was a $7.5 million project, I guarantee you that they were not going to allow the Village to repurpose this money for a park or a butterfly garden.And yes, I unabashedly OPPOSE any widening of 87th Avenue.

And yes, at one time, Palmetto Bay was recognized as a partner with Miami-Dade County on projects (WHEREAS, the cities presently incorporated were made an essential partner with the County in the selection of projects and in working hand in hand with Miami-Dade County for approval of the Transportation Plan: ...")

I will wait for the production of some actual documents, not rumors, to review and respond.

Recognizing the birthday of President Abraham Lincoln, February 12

“Be sure you put your feet in the right place, then stand firm.”
                                                    Abraham Lincoln

Great reading - National Review online: Abraham Lincoln, Epitome of Political Civility, by JEREMY J. LLOYD, February 12, 2020

Lawsuit? What lawsuit? Palmetto Bay is now a bit player in future decisions to be made regarding traffic solutions along SW 87th Avenue and surrounding areas.

We will all look back at Monday, February 10, 2020, as the day that the County took control over decisions on what happens to traffic moving within Palmetto Bay. But it gets worse. The decisions are not to be made just by Miami-Dade County, but in consultation with outside elected officials from the surrounding communities of Homestead, Cutler Bay and Pinecrest. Mayors from the listed municipalities met with Miami-Dade County Mayor Gimenez - downtown at County Hall on Monday, February 10, 2020, to discuss what needed traffic solutions along SW 87th Avenue and surrounding areas should be applied within Palmetto Bay. 

There is no doubt. Mayor Gimenez advised that the County is stepping in and undertaking a traffic study to address what will be the most effective solutions for the area. These solutions will then be applied. Done and done. This radical new format effectively removes Palmetto Bay as decision maker as the decisions will be controlled  by Miami-Dade County, in consultation with officials representing Homestead, Cutler Bay and Pinecrest. 

I wonder how much input Palmetto Bay will be given to needed traffic solutions / issues in unincorporated Miami-Dade, Homestead, Cutler Bay and Pinecrest.  Anyone? ... Anyone?

Fair question: How is that Palmetto Bay lawsuit and petty saber rattling working out right now for the current Palmetto Bay elected leaders?

Not well. Palmetto Bay has now lost most, if not all of it's relevance, as now Palmetto Bay will merely be included in the discussion led by Miami-Dade County along with the neighboring communities of Homestead, Cutler Bay and Pinecrest. From leader and decision maker to merely a participant, if not even a mere spectator. 

Go ahead and say it Mayor Cunningham and members of the Council (the community is now well-aware, even if you still won't admit it) - you are no longer masters of your own domain!

Obviously, Miami-Dade County is now stepping in to fill the void in leadership here in Palmetto Bay that has seen the following crisis of indecision and reversal of traffic program that began to unravel as of December 5, 2018. I brought this crisis to readers back on October 25, 2019, when I raised the fair question as to how the current Mayor and council overstepped their authority in reaching a formal agreement with Miami-Dade County, through the Department of Transportation and Public Works (DTPW) without bringing the proposal back to the residents. It is a fair question as others have wondered whether this lawsuit is an abject 'abdication of responsibility' of the responsibility of their elected office as spelled out in the Village Charter for Mayor Cunningham and the entire Village Council to maintain civility, communication and advocate for Palmetto Bay with Miami-Dade County.

Failure to keep promises, backing out of a traffic circle for SW 87th Avenue at SW 144th, failure to follow through on the traffic programs for Farmer Road, Malbrook, Old Cutler Road, including the neighborhood off SW 156th, East of Old Cutler Road to 77th Avenue. 

TRAFFIC RELIEF PLANS REMAIN ON HOLD: Planned traffic relief set for implementation in early 2019 has come to a screeching halt – Malbrook, 152/77th Area, Old Cutler Road (south of 168th), Farmers Road/Old Cutler North, bike lanes for SW 136 Street (morphing to an enlarged sidewalk solely borne by Palmetto Bay residents), as well as the right turn lane on Ludlum, turning right onto eastbound Old Cutler Road – all currently off the rails. See October 17, 2018, Update on Palmetto Bay Traffic Projects - and further updates will be posted as available 

Where is the follow up on the right turn lane worked out with Miami-Dade County on Ludlum Road at the intersection with Old Cutler Road/136 Street (and don't get me started on how the bike lanes for SW 136th Street became a 8-10 foot play path limited to the Palmetto Bay side of SW 136th Street - See: October 30, 2019, Pinecrest Wins, Palmetto Bay loses.) What about the overall Marlin Engineering traffic plan approved in 2016?

The tool box on this issue - prior relevant posts:

• BREAKING NEWS - County was set to remove stop signs, but will wait for Village Council to reconsider Traffic Circle
• Palmetto Bay - salvage what you can before the door actually closes on the traffic circle for 174 and 87th Avenue
• What is next for traffic management in Palmetto Bay. I missed a report if there was one on Jan 6. Where is the plan?
• South Dade Updates Guest Blog- view of the 12/12/2019 Palmetto Bay / Miami-Dade County conflict resolution proceeding
• Waiting for Palmetto Bay’s official response – Cutler Bay site alleges that the 174/87th 4 way stop to be removed January 17. Where is the announcement, what about the lawsuit?
• Additional background:
• December 10, 2019, Agenda for the Conflict Resolution/Mediation set for 2:00 PM, Thursday, 12/12/19. Agenda includes public comment. Should you/must you go to state your position. Fair questions in advance.
• October 25, 2019, Thoughts on the most recent litigation FILED by the village: Good faith or is this a less than good faith attempt to avoid a deal that the Mayor and Council had no authority to make?
• October 17, 2018, Update on Palmetto Bay Traffic Projects - and further updates will be posted as available
• December 6, 2019, Are we reaching the end game? What is the strategy and what is the long term goal of the current Mayor and Village Council Members? Fire by volley.

Video of the Day - on the lighter side - Palmetto Bay's @Quincy_Aussie on Channel 6 weather

Certified most accurate - sleeping with one eye open




Have a great day!

@quincy_aussie 

Property analysis - the tool box - trend of development report prepared by the firm of Calvin, Giordano & Associates

Information relevant to the Luxcom Bert J Harris Act claim (part of a series).

The Village of Palmetto Bay retained the firm of Calvin, Giordano & Associates (CGA) to review the development potential and determine a “Trend of Development” on approximately 69 acres of the overall 81.91-acre site which was the former site of the Cutler FPL power plant owned by FP&L.

This firm of (CGA) is part of a list of pre-approved qualified firms eligible to provided engineering and transportation planning services to Palmetto Bay (Palmetto Bay Resolution 2013-40, approved 5/6/2013, as well as resolution 2014-34, approved 4/7/2014). 

The goal of the Trend of Development analysis is to provide clarity regarding which uses predominate in order to create land use and development patterns on the site that are compatible with the surrounding area.

CLICK HERE to view the actual trend of development report (14 pages including site photos) 

This is a document which provides some historical background of this property - Interesting reading for those who, like me, enjoy reading historical background. See section 3 Site History, beginning page 3 (pages 3 & 4 of this 14 page document).

3. Site History
The site subject to the Trend of Development study was settled by William C. Cutler in the 1910’s and was used as a plantation estate for many years.

On September 15, 1947, the Dade County Board of County Commissioners (BOCC), via Resolution 2615, approved a request for a special permit to develop the site as a power plant facility.

On February 27, 1951, the Dade County BOCC, via Resolution 4177, approved a request for a special permit to allow the installation of an additional 75,000 kilowatt generating unit.

On June 24, 1952, the Dade County BOCC, via Resolution 5099, approved a request for a special permit to allow a recreation and meeting room for employees and their families and headquarters meeting room and lounge for plant visitors.

On March 24, 1953, the Dade County BOCC, via Resolution 5779, approved a request for a special permit to allow the installation of an additional 75,000 kilowatt generating unit.

On December 29, 1953, the Dade County BOCC, via Resolution 6582, approved an expansion of the uses at the location.

On December 18, 1963, the Dade County BOCC, via Resolution 2-ZAB-683-63, approved a permit to allow the expansion of the existing plant by the addition of two 425,000 kilowatt generating units and all accessory equipment and facilities.

On July 12, 1994, the Dade County BOCC, via Resolution 5-ZAB-248-94, approved a request for a special use permit to allow the installation of a monopole cell tower.

In November 2012, the property ceased its power generation activities and the power generating plant was demolished by FP&L on August 10, 2013. The site now only serves as a substation for the distribution of power produced at FP&L’s Turkey Point Facility.

On May 6, 2014, the Miami-Dade County BOCC issued Resolution No. R-439-14 determining that the Cutler Ridge Electric Power Generating Plant site was no longer in use, nor would it be used in the future, for an electrical generating facility of county-wide significance. Through this determination, and via the above referenced resolution, the County relinquished its prior regulatory authority over the site to the Village of Palmetto Bay.

Without the power generating plant, FP&L no longer needs to retain all 82 acres of the site.
FP&L’s plat application, filed on November 13, 2014, sought to separate approximately 13.4 acres from the site which they intend to retain for the purpose of operating the existing power distribution substation.

Page 9 & 10 - 4.e Surrounding Uses

Different sections of the site are bound by:

a) residential development of varying styles and densities to the north, southeast and southwest;

b) the northern edge of the Deering Estate North Addition Preserve to the south;

c) school facilities to the west; and

d) water channels connecting to the Cutler Channel and Biscayne Bay.

The surrounding residential uses include:

• To the north, King’s Bay Subdivision, an established 68-acre gated subdivision located within the boundaries of the City of Coral Gables. This subdivision contains 150 dwelling units (du’s) at an average density of 2.5 du/acre.This neighborhood was annexed into the City of Coral Gables in 2003. Single-loaded homes lining the southern edge of the subdivision back onto the FP&L site.

• To the southwest, Royal Palm Estates, a subdivision of approximately 22 lots within the Village of Palmetto Bay, that is surrounded on three sides by the properties that constitute the Miami Dade County-owned Deering Estate. Some of the estates are large, but the average density in this subdivision is approximately 2.5 du/acre.

• To the southeast, Paradise Point, a gated subdivision within the Village of Palmetto Bay, consisting of 12 single family homes, approximately 100 townhouses, and amenities including a marina. The average density in this neighborhood is 9 du/acre.

BLOG EDITOR'S NOTE: NO CONCLUSION - YET.  No conclusion is provided here as there is not one to make at the present time. This information is being provided due to the fact that Palmetto Bay is not putting out this important information. Everyone should read the entirety of information provided to understand this issue. To better understand this information is to be better prepared to defend the Village Council's actions in court. 

The Village's position will be much more difficult to defend if it is cast as a political decision in response to political pressure rather than a decision based upon a deliberate process that properly take all past, present and future concerns into account, relying upon these professional tools.

The defensible data is out there. It is up to the Village Council to provide responsible and competent leadership, allowing staff and village council to do its job without political interference. 

Florida Recreation Development Assistance Program (FRDAP) - FY2020-2021 Recommended Priority List

Which municipalities submitted for funding and made the list? The Florida Recreation Development Assistance Program (FRDAP) considered all applicants, determining that 134 projects were worthy for funding. The projects are ranked from #1 to #134.  The 2020-21 list includes #18 Key Biscayne, #23 Homestead, #27 Cutler Bay, #40 Miami Beach, #56 Virginia Gardens, #57 Bay Harbor Islands, #68 Sweetwater, #87 South Miami, and #92 North Bay Village. 

A fair question: Did Palmetto Bay even submit for FRDAP funding this cycle? Palmetto Bay was very successful in the past - FRDAP monies have been used in all of our parks. It is foolish and fiscally irresponsible to ignore $50,000 to $200,000 per year. Palmetto Bay does have an in-house, full time grant writer. 

(CLICK HERE) to view the FRDAP ranking list for FY 2020-21. I have posted the local Miami-Dade Municipalities who submitted funding requests and had their proposals make the ranking list (1-134) chose as eligible to receive funding, subject, of course, to the funding provided to FRDAP by the Florida Legislature and approved by the Governor.

Listed below are local projects (Miami-Dade County) that I identified that are contending for funding. The number to the immediate left of the municipality name is the ranking of the application, followed by name of municipality, description of project, and funding amount proposed. 

Note that not all projects may receive funding.  Projects are funded in order of rank.

18 Key Biscayne               530 Crandon Phase I                                       $ 200,000
23 Homestead                  Mayor Roscoe Warren Municipal Park         $ 125,000
27 Cutler Bay                    Franjo Park Restoration Project                      $ 200,000
40 Miami Beach              Fairway Park                                                      $ 200,000
56 Virginia Gardens       Athletic Complex Phase III                               $   50,000
57 Bay Harbor Islands    Tot Lot Park                                                       $   50,000
68 Sweetwater                  Linear Park Improvements                              $   50,000
87 South Miami               S Miami Park Playground & Fitness 
                                                     Outdoor Equipment Project                     $   50,000
92 North Bay Village      NBay Village Canoe/Kayak 
                                                     Launch Project                                           $  50,000

$12,342,750.00 Total amount of funding sought by FRDAP (guaranteeing all projected listed above receive full funding). 

This is an update (and part of what can be considered your Florida Legislature 2020 "tool box") of the RELATED POST of February 6, 2020, Palmetto Bay legislative appropriations requests - Appropriations Project Request - Fiscal Year 2020-21

FRDAP is one of the legislative goals of the Current Palmetto Bay Mayor and Council (see prior post), for the 2020 legislative session, specifically:

Palmetto Bay Resolution no. 2019-121 included:
Note: A. - E. Omitted

F. Seeking funding assistance for the Village’s FRDAP and other such FDEP projects to address park capital improvements and park property acquisitions.

Coming soon - additional updates and fair questions.

Palmetto Bay legislative appropriations requests - Appropriations Project Request - Fiscal Year 2020-21

Two main requests are active in the Florida House of Representatives at the present time: HB 3461 - Palmetto Bay Sub-Basin 61 Construction (“water money”) and HB 3979 - Palmetto Bay Multimodal Transit Station (“the parking garage for downtown/municipal center). I did not see any appropriation bills currently pending for monies for the parks, including master plan changes, or for any green - sustainability issues (planning or implementation money). There are other sources of funding and that will be explained in later posts.

For now, here is an update on the appropriation requests made by the current Mayor and Village Council (information taken from the official Florida House Of Representatives sources):

HB 3461 - Palmetto Bay Sub-Basin 61 Construction

1. Title of Project: Palmetto Bay Sub-Basin 61 Construction

2. Date of Submission: 11/13/2019

3. House Member Sponsor: Vance Aloupis

$ 847,772: Total dollars initially priced for the project/appropriation broken down as follows:

Amount Requested from the State in this Appropriations Project Request:  $678,218

Local Match (Palmetto Bay's contribution): $169,554

What is the specific purpose or goal that will be achieved by the funds being requested?

Palmetto Bay is requesting funding for the construction and construction support for stormwater improvements to its sub-basin #61. Improvements include building additional catch basins, manholes, culverts & exfiltration to connect the catch basins within sub-basin #61. Improvements will reduce pollutant load contribution from 3 main pollutants from the sub-basin into Biscayne Bay Aquifer, control flooding during storms; such as Hurricane Irma, and improve surface water quality.

CLICK for bill details: https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=67922

HB 3979 - Palmetto Bay Multimodal Transit Station

1. Title of Project: Palmetto Bay Multimodal Transit Station

2. Date of Submission: 11/15/2019

3. House Member Sponsor: Javier Fernandez

 Members Copied: Vance Aloupis

$ 3,245,900: Total dollars initially priced for the project/appropriation broken down as follows:

Amount Requested from the State in this Appropriations Project Request:  $ 1,300,000

Local Match (Palmetto Bay's contribution): $ 1,945,900

What is the specific purpose or goal that will be achieved by the funds being requested?

To build a multimodal station as a regional park and ride for county transit services. The park & ride will provide parking to support Miami-Dade County's Bus Rapid Transit system recently authorized on the County's neighboring Transitway. The BRT system will transport residents from as far south as Homestead to the South Dadeland Metrorail Station. The transitway currently lacks sufficient parking to support the commuter ridership. The park & ride will provide 500 parking spaces.

CLICK for bill details:   https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=68242

Bill in the Florida Senate:

SB 2500 - Appropriations

General Bill by Appropriations

Appropriations: Providing moneys for the annual period beginning July 1, 2020, and ending June 30, 2021, and supplemental appropriations for the period ending June 30, 2020, to pay salaries, and other expenses, capital outlay - buildings, and other improvements, and for other specified purposes of the various agencies of state government, etc.

Effective Date: Except as otherwise provided herein, this act shall take effect July 1, 2020, or upon becoming law, whichever occurs later; however, if this act becomes law after July 1, 2020, then it shall operate retroactively to July 1, 2020

See: https://www.flsenate.gov/Session/Bill/2019/2500/ByVersion

What are the legislative goals set by the current mayor and village council for the 2020 legislative session?

The Village Council passed resolution no. 2019-121, through a unanimous 5-0 vote on September 23rd, 2019, setting the following priorities for funding, which included:

A. Supporting legislation that provides funding for traffic calming projects and public transit improvements and extensions for Miami-Dade County;

B. Requesting funding for South Florida Water Management District specifically for canal bank restoration to address the critical erosion needs in the Village of Palmetto Bay;

C. Maximizing all available appropriation and funding opportunities to implement storm water and other needed infrastructure projects throughout the Village;

D. Supporting any legislation and requesting funding assistance and partnership opportunities that support the age friendly city initiatives and the development of unique opportunities for individuals with special needs;

E. Support any legislation requesting funding assistance and partnership opportunities for projects that enhance mobility and create a network of interconnected lanes in support of bicycle and pedestrian activity within the Village;

F. Seeking funding assistance for the Village’s FRDAP and other such FDEP projects to address park capital improvements and park property acquisitions.

Compare / contrast the present status of the Palmetto Bay appropriation requests (2019):

$ 1,790,800 Total money requested from the legislature limited for 3 projects, broken down as follows:
$   745,900 Multimodal center – location undisclosed (23% of the total estimated cost)
$   745,900 Enviro Center to be constructed at Coral Reef Park
$   299,000 Drainage for sub basin 61 (50% match from Village)

$ 1,790,800 Total money requested from the legislature to cover:
$ 6,089,800 total cost of these proposed projects to the residents of Palmetto Bay.

CLICK HERE to view prior posts relating to Tallahassee travel and legislative asks, including:

April 26, 2019, Transparency - is the Palmetto Bay Council placing the cart before the horse or is the fix in on the multimodal? and, 

August 27, 2019, Success in Tallahassee leads to success for the Deering Estate - great work

Coming soon - additional updates and fair questions.

Palmetto Bay's Citizens' Bill of Rights - protects residents from unresponsive officials, including omission of significant facts in responses

I wonder if the current Mayor and council are aware of the requirements of the Citizens Bill of Rights in the Palmetto Bay Charter, including:   

CITIZENS' BILL OF RIGHTS    (CLICK HERE) to view the full Charter section for the "Citizens' Bill of Rights" online.

(A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administration management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed:

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(2) Truth in Government. No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public.

(3)Public Records. All audits, reports, minutes, documents and other public records of the Village and its boards, agencies, departments and authorities shall be open for inspection at reasonable times and places convenient to the public.

(4) Minutes and Ordinance Register. The Village Clerk shall maintain and make available for public inspection an ordinance register separate from the minutes showing the votes of each member on all ordinances and resolutions listed by descriptive title. Written minutes of all meetings and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting.

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      (Emphasis in BOLDFACE added)

EDITOR'S NOTE: Keep this in mind as events unfold.