4 Quarter Budget report is in. The news is not good: documenting a $800,000.00 shortfall. Just as important, I am looking into a possible violation of the Village Charter.

The Fourth Quarter Budget (2019/2020) to Actuals report is in (Note: requested and received through a public records request).

So what is the status? Bottom line: A year-to-date shortfall stated as of October 16, 2020 of ($1,792,263). Per the interim manger,  the Fourth Quarter Budget (2019/2020) to Actuals. There are revenues that remain outstanding. The final projection is that once all revenues are accounted for it, Palmetto Bay will come in just under the Interim Manager's estimated $800,000.00 shortfall.

Year to date the Village collected $13,381,476, which is 85.59% of the annual budget

Expenditures (unreduced, apparently) were $15,173,739, which is 96.82% of the annual budget.

Red Tide? This is an unprecedented tide of red ink. Palmetto Bay has weathered the storm before numerous disasters in the form of hurricanes. The issue is how you react, of if there is any reaction at all – there appears to be only blank stares from most of the council.

Note that there was never any emergency (or regular village council) meeting where the Village officials attempted to cut back on expenditures.

The lowlights from the fourth quarter department budget report lowlights are presented here:

·       The Village Council was under budget $1,952, due to travel and supplies.
·       The Village Manager was under budget $58,509, mainly due to Manager transition. 
·       The Village Clerk was over budget $4,231, due to election costs. 
·       Finance was under budget $16,131, mainly due to auditing and travel. 
·       Human Resources was over budget $694, mainly due to village broadcasting. 
·       The Village Attorney was over budget $98,255, due to litigation. 
·       Community and Economic Development was transferred from the Building department in the fourth quarter which does allow for a true quarterly comparison, but the Planning consultant is running above budget. 
·       The General Government operating was over budget $345,310, mainly due to time of bond payments. 
·       Facilities Maintenance was under budget $53,171, mainly due to the closer of most departments due to COVID-19 
·       The Policing Unit was over budget $2,232,190, mainly due to two quarterly payments posted to the fourth quarter. 
·       The Parks department was under budget a total of $58,619, mainly due to COVID-19.

More disturbing is the question: HAVE PALMETTO BAY OFFICIALS VIOLATED THE VILLAGE CHARTER? This question must be asked as I can find no indication that there have been any public presentations regarding these quarterly financial reports for budget year 2019-2020, as required by the Village Charter, Citizens' Bill of Rights, Section (A)

(12)Quarterly Budget Comparisons. The Village Manager shall make public a quarterly report showing the actual expenditures during the quarter just ended against one quarter of the proposed annual expenditures set forth in the budget. Such report shall also reflect the same cumulative information for whatever portion of the fiscal year that has elapsed. 

Past administrations set the precedent where Palmetto Bay's Finance Director presented these reports live at council meetings, on the record, before the public, where the village council could discuss and ask questions in full view of the our fellow residents. This procedure is no longer being followed under the new direction, under the current administration. It appears that these quarterly reports were merely e-mailed during this 2020 year to the individual members of the village council. There are no meeting minutes posted that demonstrate any public presentation. COVID is not at fault, as council meetings have been ongoing virtually, and it would be just as easy to have the Finance Director present at the virtual meetings. There is no indication that any of these quarterly reports were even provided in an Agenda, where it is arguable that the public may stumble onto them. Hence, this is where I fear that there may have been a violation of the Village Charter, Citizens' Bill of Rights, Section (A)(12)Quarterly Budget Comparisons. I remain interested in any additional information that I may come into. My research continues.

There is a sound reason for requiring public presentations of quarterly reports. Perhaps these officials could have ‘righted this listing ship’ had there been public presentations of these quarterly reports. But then again, this current mayor and some of the village council have shown little regard in transparency. I base this opinion both on a total lack of any items of substance being posted to the village website (including the 2019-2020 quarterly financial reports), no resolutions for most of 2019 and any resolutions approved in 2020 as well as the recent loss (at taxpayer expense) of a lawsuit over public records.

The buck stops with the Mayor as the meeting leader, not staff, who work under the direction and control of the Mayor and Village Council. I have been advised that much of this information has been included in the Financial Monthly reports for FY2019-20 which are included in the Manager’s Report distributed to Council prior to each Regular Council meeting. It is claimed that this information is posted on the Village website, but that posting has not been obvious to me, so I am unsure, who, if anyone has access to this information. After all, when was the last time you, yourself, decided to browse through the website to see what new has been posted? This appears be a substitution, not compliance with the Charter. All I can tell my readers is that the Finance Directory made a public presentation at applicable Village Council meetings under the Flinn and even the Stanczyk administrations. There were robust public discussions of budget trends. This appears not to be the case for this current administration which appears to allege that discrete postings of monthly reports online, somewhere, is the same as  a public discussion of the quarterly reports showing the actual expenditures during the quarter just ended against one quarter of the proposed annual expenditures set forth in the budget. I respectfully disagree. My reading of the Village Charter, Citizens' Bill of Rights, Section (A)(12)Quarterly Budget Comparisons, requires a much more specific and more robust presentation. I do not fault the interim manager. The buck stops with the Mayor as the meeting leader, not staff, who work under the direction and control of the Mayor and Village Council.

The new manager will have his hands full keeping the current mayor and village council on task and to follow the budget, our procedure ordinances and even the Village Charter. A year to date shortfall of ($1,792,263) or even (+/- $800,000) is unprecedented. Returning to the prior process of presenting quarterly reports before the public (as required by Charter) is the proper place to start. 

Stealth meeting regarding the MEGA sidewalk? Interested residents should attend. Monday, Oct 26, 2020, 8:30 - 10:00 AM. The site location by Howard Drive Elementary

 Word on the street is that the current mayor has a private meeting set up with select County officials to review the SW 136 Street MEGA Sidewalk project. This meeting is currently set for Monday, October 26, 2020. Time scheduled is 8:30 AM and the present location indicated is by Howard Drive School. That is unless the meeting is moved now that it has been made public. 

Other fair questions: Is there a change, or an explanation, proposed exclusively for the benefit of Howard Drive Elementary? If so, then why not the other areas, or are some areas of SW 136 Street more entitled to special attention than others? Other questions, listed below the meeting e-mail include:

---Original Appointment-----
From: Soria, Miguel (DTPW) <Miguel.Soria@miamidade.gov>
Sent: Thursday, October 15, 2020 4:35 PM
To: Soria, Miguel (DTPW); kcunningham@palmettobay-fl.gov; angusnyc@mac.com; Maturo, Donna; atstein@bellsouth.net; bcolledge1@gmail.com; Levrant, Maria Elena (DIST8); Mesa Valdes, Barbara (DTPW); Ona, Leandro (DTPW)
Subject: Face to Face SITE VISIT w/Mayor Karyn Cunningham, Village of Palmetto Bay
When: Monday, October 26, 2020 8:30 AM-10:00 AM (UTC-05:00) Eastern Time (US & Canada).
Where: Site Location by Howard Drive School - 7800 SW 136 Street

Please confirm your attendance.

Regards

Miguel Soria, P.E.

Assistant Director, Highway Engineering

Department of Transportation and Public Works

• What pre-selected insiders will be invited to participate in this meeting?
• Is the current mayor entitled to make changes to this project on her own or will the discussion come before the entire council?
• What changes or re-design options are available for this MEGA sidewalk?
• Why wasn’t the entire council notified (or were some, but not all)?
• Who is paying for the cost of staff or consultant time to participate in this meeting?
• Is there an agenda or any materials available that provides any clues as to the purpose of this meeting?
• Will members of Palmetto Bay’s Education Advisory Board or the Howard Drive PTA be participating in this meeting?
• When will the affected residents be brought into the loop?

My current concerns is why have this meeting now? This project has gone through numerous votes and went through design. It went from bike lanes on both sides of SW 136 Street to a change to a sole ‘shared path’, aka, the MEGA sidewalk outside public view. So then why the meeting? Is another change in the works, and if so shouldn’t affected residents be brought into the loop and involved?

The ‘shared path’ slated for SW 136 Street is far from an exclusive project of Miami-Dade County. It is a Joint Participation Project done under a contract known as a Joint Participation Agreement (JPA). This means:

You can't blame Miami-Dade County for the change from a bike lane to the MEGA (8-10 foot) shared path. The current Mayor and Village Council of Palmetto Bay had control over the project design. (* see last paragraph below for an explanation of a JPA). The original plan: (Prior administration) The Palmetto Bay Village Council adopted Resolution No. 2017-47 approving the Joint Participation Agreement (JPA) with Miami-Dade County to construct a bicycle lane along SW 136 Street from US1 to Old Cutler Road.

This same Resolution, (2017-47) allocated a total of $500,000 in Village funds toward the project.

It was the Village of Palmetto Bay that negotiated a contract with RJ Behar as the design team. 

This is how the Village website once sold this project to the residents (as of 10:00 AM, Sunday, 12/29/2019):

136th St. Improvement Project

This 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.

We shall see what eventually gets poured in terms of asphalt and concrete.

The Tool Box: CLICK HERE to view prior related posts on this SW 136th Street project.

It took a lawsuit to obtain records. Notice of Compliance filed. It is over for now, but for the fees and costs assessed against the Village

It took a lawsuit. It took a full hearing before the Honorable Martin Zilber, Judge of the Circuit Court. This hearing took place on October 14, at 3:30 PM. 

Remember that very detailed Answer, Affirmative Defenses and Motion to Dismiss? The document alleging all the reasons why Mayor Cunningham and Palmetto Bay (in their minds) did not have to and should not be required to provide the documents requested in the complaint? Well, that appears to have gone bye, bye.

The Judge must have ruled without hesitation or without ambiguity. The Defendants, Mayor Karyn Cunningham and the Village of Palmetto Bay filed their Notice of Compliance in less than 48 hours of the hearing, notifying the "... Court and all parties of the production of supplemental public records to the plaintiff." (CLICK HERE to view this very simple notice to the court).

What is left? The Mayor and Palmetto Bay lost the suit, but it will be the taxpayers who are left holding the bill. Assuming that the Mayor and Palmetto Bay have fully and completely complied, all that remains is how much this will cost the Village Taxpayers in the form of attorney's fees and costs to both the attorney for the Plaintiff as well as to the attorneys hired to unsuccessfully defend Mayor Cunningham and the Village of Palmetto Bay.

Don't engage in victim shaming. I can hear the Mayor and her supporters now, victim shaming the Plaintiff.  Let's nip that in the bud right here, right now. The Mayor and Palmetto Bay had so many chances to provide the requested records - records that they waited nearly 48 hours after a full blown hearing before the Circuit Court Judge. The case was not dismissed, in fact, it had merit. The Plaintiff prevailed against the Mayor and Palmetto Bay who were required to comply with the ruling of the court (or agreement they were forced to make before the Judge) on October 14, hence the filing of their Notice of Compliance, again, notifying the "... Court and all parties of the production of supplemental public records to the plaintiff."

Sometimes the good guys win. The Court obviously was not going to the lawyers drag this matter out. The Taxpayers are fortunate that this was resolved quickly or the fees and costs could have really escalated.

TAX ALERT: we will follow and report on the fees and costs - ultimately paid by the taxpayers, though no taxpayer had any fault or involvement in the withholding of these records.

PRIOR RELATED POSTS / The tool box:

October 18, 2020, Transparency is important. Florida has strict disclosure laws relating to Public Records – Citizens have the right to access. The burden is on the government to demonstrate any exception.

October 19, 2020, A Palmetto Bay first (or worst!). A lawsuit had to be filed to obtain public records. It required a judge. The Palmetto Bay Follies (and not something to be proud of).

A Palmetto Bay first (or worst!). A lawsuit had to be filed to obtain public records. It required a judge. The Palmetto Bay Follies (and not something to be proud of).

Should our public officials use our tax dollars to attempt to avoid their public records obligations? I previously provided a short primer on the requirements of government and government officials maintaining and being responsive to public records requests. Responding to public records requests is not at the whim of the government, it is the law (Chapter 119, Florida Statutes) and Palmetto Bay cannot impose delays, conditions or restrictions on those requesting public records.

Inglorious history - A first for Palmetto Bay.  A lawsuit was filed on September 24, 2020, for Public Records Enforcement, alleging violations of Florida Statutes Chapter 119. This complaint sought a court order compelling the Mayor and Palmetto Bay to turn over the documents requested in the public records request. 

So what happened? Did the Village provide the records? Heck, no; not without a taxpayer funded fight. From my review of the record, it appears that the Defendants did not voluntarily give up these records. In fact, the Village ‘doubled down’ by filing their "ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT AND MOTION TO DISMISS", e-filed 10/14/2020 at 11:45 AM. It is important to remember that the ANSWER was filed less than 4 hours prior to the hearing, so the ANSWER does accurately represent the position of the Defendants, Karyn Cunningham and the Village of Palmetto Bay. The court held a hearing on this issue later that same day, at 3:30 PM.  I will cover what occurred at this hearing in a future update.

List below are a few of my favorite affirmative defenses asserted by the current mayor and Palmetto Bay (I am trying to find humor here, as I think the defenses are actually quite chilling to those who seek compliance with the Public Records Law). (CLICK HERE to view the complete document)

22. Affirmative Defense 4. Defendants complied in a timely manner to the alleged public records request.

23. Affirmative Defense 5. Defendants complied in full with the alleged public records request.

24. Affirmative Defense 6. Defendants did not unlawfully refuse to comply with an alleged public records request of the plaintiff

***   ***   ***

27. Affirmative Defense 9. Plaintiff did not comply with the Village’s posted policy and requirements for submission of a public records request.

28. Affirmative Defense 10. The plaintiff has not complied with the preconditions for seeking an award of attorney’s fees and costs pursuant to §119.12, Florida Statutes.

29. Affirmative Defense 11. Plaintiff did not file the complaint or submit his alleged public records request for a valid public purpose

Please carefully read the alleged defenses. And then compare the statements such as "Plaintiff did not comply with the Village’s posted policy and requirements for submission of a public records request" or better yet, "Plaintiff did not file the complaint or submit his alleged public records request for a valid public purpose" What? Go back and read the prior post. A person does not need to provide a reason for requesting records, they don’t need to explain their purpose, they don’t need to give a justification. The agency cannot require a person requesting records to explain why they want them. The agency must cite the specific statute or law that requires the record to be withheld from disclosure.  Add yet, the exact opposite appears to be asserted by the mayor and Palmetto Bay as defenses.

The above ‘defenses’ are better phrased as ‘avoidance and deflection’ rather than valid defenses in my opinion. I could go on for days, in my opinion, this filing demonstrates the arrogance of certain village officials who incorrectly believe that they set the rules. The Village doesn't set the rules. The rules are set by our National, State, County and Local Constitutions (and Charters) as well as State Law. This is why we have the courts and an independent judiciary.

BOTTOM LINE (in my opinion): The Village Taxpayers will be charged significant attorney’s fees to support a local government interested more in avoiding rather than meeting legal obligations. Maybe this is yet another reason why our local taxes have been increased – foolish spending, but hey it is not their personal money, they are misspending our money.

The new motto of Palmetto Bay? “Residents, hire a lawyer if you want transparency.”

Also see a prior related post of April 25, 2019, Palmetto Bay - Transparency - on sale to those who can afford it

It is becoming apparent to many that we need to take back our Palmetto Bay government. It belongs to all the people, not a select privileged few.

Transparency is important. Florida has strict disclosure laws relating to Public Records – Citizens have the right to access. The burden is on the government to demonstrate any exception.

This is a set up; the first in a series. Transparency is important. In Florida, providing access to public records is the law. With a few exceptions, the records of state and local agencies are subject to the Florida Public Records Act. It does not matter if you are seeking records from your local municipal government or records in the Governor's office. Any/all must give access to public records for inspection as well as for copying. Your request may be made verbally or in writing. And any request may also be anonymous! 

This is the law of the State of Florida. Palmetto Bay does not make the law, but it is Palmetto Bay's responsibility to follow the law. 

When I was mayor, three terms, our Village attorneys always provided a primer of the public records and Sunshine law for each and every incoming council. Transparency and access to records is important, so important that it is the law! (Chapter 119, Florida Statutes):

119.01 General state policy on public records.—

(1) It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.

It is clear that it is time for the current mayor and council to undergo training in both the public records and Sunshine laws. More will be posted on this situation in subsequent posts.

For now, here is a great presentation:

Florida Department of Health - Public Records and Government in the Sunshine
Learner Course Guide, FY 2014-2015

The basics:

• The public records act is construed in favor of openness while exemptions are construed narrowly and limited.
• Any person may request a public record.
• A person does not need to provide a reason for requesting records, they don’t need to explain their purpose, they don’t need to give a justification.
• The agency cannot require a person requesting records to explain why they want them.
• If it is unclear whether something is a public record or falls within a specific exemption of the public records laws, there is a higher likelihood that the record will be public than not.
• If a person seeks disclosure of agency records, the burden is on the agency to show that a record is exempt from disclosure.
• The agency must cite the specific statute or law that requires the record to be withheld from disclosure.
• Attorney’s fees are usually awardable to the person who is forced to go to court to compel that government agency to disclose the requested records.

More will follow, explaining the need for this primer on the Florida Public Records Law.

Great video - from the heart. David Singer for Palmetto Bay Council, District 2

Watch this short video. David Singer's youngest son speaks from the heart. 

The youngest of the Singer family has been a frequent volunteer, working to help serve at numerous breakfasts at the American Legion, post 133.

POD - it didn't look like this one the way out! ABC always before you ride.

Bike tires seem to go all at one for me (this photo is of the same tire, different sections). Time for a new tire.

Never just jump on the bike and ride. And never risk disappointment when you travel to ride by assuming your bike is in working order only to find yourself taking the drive of shame home due to a mechanical.

An easy way to make sure your bike is in good working order is to do an ABC Quick Check.:

Air: Be sure you have enough air in your tires

Brakes: Look to see that your brake pads are not worn

Chain and Cranks: Pull on your cranks to see that they are not loose and look to see that the chain is not rusted and it is free of gunk

Quick Release: Make sure all quick releases are closed

Check: Take a slow brief ride to check that your bike is working properly

For more information, see the League of American Bicyslists: https://bikeleague.org/content/basic-bike-check

Just for fun. Mask up. Ride Gravel. EBC "Get Back" weekend. Join and ride. Ride safe.

The Everglades Bike Club (EBC) was officially back in the saddle this past weekend.

We were "masked up", including the new official EBC Gaiters and adhering to a socially distancing protocol both on the Road (Saturday ride) and the Gravel (the Sunday ride).

Join us:

BECOME A MEMBER TODAY!

Your membership dues help Everglades Bicycle Club encourage safer, healthier choices for everyone who wants to bike; advocate for better bicycling conditions; offer riding opportunities for every kind of rider.
(https://www.evergladesbc.com/ to link up with the official site of the EBC)

Below: Some of the nature seen from the Levee gravel rides held Sunday, 10/11/2020:

It is always a treat to see box turtles (they cannot keep up with us). We see them more often than not on the gravel rides. See do regularly ride past gators, fish, everglades birds and the occasional deer. The rides do get better as the weather cools off in the Fall and 'winter' months. 

Note about EBC: Miami's premier cycling club since 1976, the Everglades Bicycle Club has something for everyone! Though we are road cyclists at heart, trail rides are coming as well. We love all things cycling. Everglades Bicycle Club (EBC) is a not-for-profit cycling club that is run by volunteers. 

#EvergladesBC #WhyIRide #MaskUp

  

Update: Will the 22 acres of the Palmetto Bay Village Center be saved? Seeing red. The current owners demand village protection for this land.

Warning to Palmetto Bay residents: the owners of the Palmetto Bay Village Center (PBVC) has drawn the line in regard to the continual gamesmanship of Palmetto Bay officials:

If the Council or you are not willing to except the free land as part of the site plan approval, then my client intends to evaluate its options with respect to the entirety of its 80 acres. 

What are the options of Palmetto Bay Village Center?

How long can the current Palmetto Bay officials act like they want save endangered lands, while really intending no such thing?  It is amazing. You really have to hunt for clues, crumbs and tidbits to cobble together in order to separate fact from fiction regarding the intent of the current Palmetto Bay elected officials. This is why transparency is so important. This is why failure to provide actual substantive updates in staff reports; failing to post items such as resolutions and minutes from meetings is so detrimental to the public’s right to know. The current mayor and council want people to give up. I won’t. So I am providing an update in regard to the Palmetto Bay Village Center (PBVC):

The Owners of the PBVC have grown tired of the monkey business of some of the elected officials here in Palmetto Bay.  See the full letter 3 page letter of October 6, 2020, by Eileen Ball Mehta, Esq., Bilzin Sumberg Baena Price & Axelrod, LLP. of October 6, 2020 (CLICK HERE). See an excerpt below:

We are completely confused by the conflicting messages that we have received. For years the residents and public officials of Palmetto Bay have entreated my client to help save this precious land for future generations. The Village adopted a resolution to achieve that goal. In your e-mail of April 16, 2020, however, you said that the land was "worthless." One might think that that mixed-message is confusing enough, but the Village has now reached out to us about spending taxpayer dollars to buy this so-called "worthless" land. I cannot comprehend why the Village would want to buy the land rather than accept a donation for free with only modest restrictions to protect it from despoliation.

(They, the owners of the PBVC) will not accept your re-written version of the Declaration (that written by the current Village attorney under direction of the current mayor and council) as it provides absolutely no protection of the land. If the Village is still interested in the donation, then we insist that, as part of the site plan approval by the Council, the Declaration be in substantially the form sent to you and the Council on September 1, 2020. If the Council or you are not willing to except the free land as part of the site plan approval, then my client intends to evaluate its options with respect to the entirety of its 80 acres. (Emphasis added)

CLICK HERE to view the "red lined" version of the proposed declaration. It must be read carefully to be believed. The proposed charges are enough to turn any true environmentalist 'red in the face'!

CLICK HERE to view an original unaltered version of the covenants prepared by Bilzin Sumberg Baena Price & Axelrod, LLP. 

One opinion from a confidant who review these same materials prior to this post: "(The) letter is straight to the point and shows the lack of interest from the village."

Is this land worthless? Are some current Palmetto Bay officials in over their heads? Some recent insight by noted environmentalists:

October 18, 2018, What’s So Special about a 22 Acre Forest on Old Cutler Road, by Eduardo Varona, Guest Post  and,

April 26, 2018, "Twenty-two acres of preserved pine rockland, protected from future development, is extremely significant for endangered animals that are being pushed out of their primary habitat." - Al Sunshine, President of the Miami Pine Rocklands Coalition, Inc.

Also see the October 2014 Palmetto Bay Op Ed concerning (Then) Mayor Shelley Stanczyk's attempt to zone the 22 acres for development. Mayor Stanczyk: Using the promise of a fire station as bait to develop protected native areas.

Is calling the property worthless, a purchase strategy? Perhaps we can start to see through the Strategy of the Current Mayor and Council. Call the land worthless and offer them $10 (ten dollars) to take this worthless land off their hands.  Nice try, but won’t fly. Why? Because in 2014 a prior mayor, Mayor Stanczyk nearly granted developmental rights for 40 units and a fire station for this same property. That has substantial value. See the 7/22/2014 article, Palmetto Bay council defers old Burger King property zoning; approves Palmer Trinity’s site-plan changes, by Lola Duffort. 

We had a prior appraisal of the 22 acre portion of this property completed prior to 2009.  EELs would have participated and paid 50% of the purchase price. Real estate prices change. That and government doesn’t set value. Purchase prices must conform to appraised values.  Do Palmetto Bay officials have an appraisal that demonstrates that these 22 acres are “worthless”? Cutler Bay recently negotiated to purchase 8.45 Acres of land along Old Cutler Road, located from 184th Street to Cutler Bay subdivision. The developer previously attempted to build 29 units on those 8.45 acres. The negotiated price is $8.45 million or $1 million an acre. The property is currently under a "Letter of Intent" and is not binding on the Town of Cutler Bay if the appraisals come in below that amount. I believe that the appraisals did come back and were in the range of 411.25 or $11.5 million for those 8.4 acres, or over $1.3 million an acre.

Based upon Cutler Bay’s recent action, you can bet that the current (2020) appraised value for the 22 acres of the PBVC will come back somewhere between $8.45 Million to $22 Million.

CLICK HERE to review the backstory, most recently in a post of September 23, 2020, Save, don’t pave the 22 acres! Residents, the original village council and I agree with the representatives of the Palmetto Bay Village Center – we all want the 22 acres to be permanently preserved. Protection needs to be by covenant, for 50 years plus, not a mere development order. An important read for anyone concerned with protecting the environment. I make that case that it takes a full, enforceable covenant. Why a covenant? Because a development order could be modified by a simple majority vote of this or any future mayor and council.  We need real environmental protection of 22 acres at the Palmetto Bay Village Center (PBVC).

This one time when the applicant is right and the current Palmetto Bay Mayor and Council are WRONG.

Please take the time to review the concerns outlined by Sara Barli Herald, Esq., Bilzin Sumberg Baena Price & Axelrod, LLP. In the 4 page letter of September 16, 2020 (CLICK HERE) as well as the updated 3 page letter of October 6, 2020, by of Eileen Ball Mehta, Esq., also of Bilzin Sumberg Baena Price & Axelrod, LLP. (CLICK HERE).

From SFWMD News, News Release: SFWMD, FWC Hunters Remove Record Breaking Invasive Python from the Everglades

 

CLICK HERE to view the SFWMD release online .

Python removal agents working for the Florida Fish and Wildlife Conservation Commission (FWC) and the South Florida Water Management District (SFWMD) recently broke the record for the longest Burmese python eliminated in Florida. Working together as part of the joint python elimination program under the direction of Florida Governor Ron DeSantis, Ryan Ausburn and Kevin Pavlidis removed the 18 foot, 9 inch snake on Oct. 2 along the L-28 Tieback Canal about 35 miles west of Miami. This beats the state's previous record of 18 feet, 8 inches from 2013. So far, hunters for the expanded program run by the two agencies have removed more than 5,000 invasive pythons from South Florida’s Everglades ecosystem. “Under Governor DeSantis, the South Florida Water Management District and Florida Fish and Wildlife Conservation Commission expanded our python removal efforts. Today's record breaking capture shows that our increased efforts are working to get harmful pythons out of the precious Everglades ecosystem,” said SFWMD Governing Board Member “Alligator Ron” Bergeron. "Together with our partners and the public's help, we can restore the Everglades and combat the harmful pythons that hurt Florida’s native wildlife." “The removal of this behemoth Burmese python is a triumph for our native wildlife and habitats,” said FWC Commissioner Rodney Barreto. “It’s a great example of the partnership between the FWC and the South Florida Water Management District, working under the leadership of Gov. Ron DeSantis, toward our goal of removing these nonnative predators.” The public can help control nonnative invasive wildlife by reporting sightings to the FWC’s Exotic Species Hotline at 888-IveGot1 (888-483-4681), online at IveGot1.org or by using the free smartphone app IVEGOT1. If possible, take a picture and note the exact location of the sighting. Python Action Team and Python Elimination Program members respond to reports of large constrictors and other priority species to remove these harmful invaders from the wild. Burmese pythons became established in Florida as a result of escaped or released pets. It is illegal to release nonnative species into the wild and can negatively impact Florida’s native wildlife and habitat. Don’t let it loose! The FWC’s Exotic Pet Amnesty Program allows pet owners to surrender nonnative or exotic pets without penalty. Visit MyFWC.com/PetAmnesty for more information. To learn more about the FWC’s Python Action Team and the SFWMD’s Python Elimination Program, visit MyFWC.com/Python and SFWMD.gov/Python.

PRIOR RELATED POSTS - CLICK HERE to view prior SDU posts related to invasive snakes, both in Palmetto Bay as well as Miami-Dade County in general. 

 

Relaxation video - Hudson River. Fall season

Is this "worthless land"? Of course not.

Third party recommendations for a safe Halloween, 2020

Start thinking of your private bubble & what Trick or Treat

activities you will participate in.

Halloween Covid-19 edition

The Centers For Disease Control (CDC) lists information for Fall/Winter holiday celebrations

The CDC offers the following considerations to help protect individuals, their families, friends, and communities from COVID-19. 

As noted on the CDC website:
These considerations are meant to supplement—not replace—any state, local, territorial, or tribal health and safety laws, rules, and regulations with which holiday gatherings must comply. When planning to host a holiday celebration, you should assess current COVID-19 levels in your community to determine whether to postpone, cancel, or limit the number of attendees.

Virus spread risk at holiday celebrations

Celebrating virtually or with members of your own household pose low risk for spread. In-person gatherings pose varying levels of risk. Event organizers and attendees should consider the risk of virus spread based on event size and use of mitigation strategies, as outlined in the Considerations for Events and Gatherings. There are several factors that contribute to the risk of getting infected or infecting others with the virus that causes COVID-19 at a holiday celebration. In combination, these factors will create various amounts of risk, so it is important to consider them individually and together:

CLICK HERE to read the complete information from the official CDC website.

Van Halen - When it's love (live 1989) - in tribute to Eddie Van Halen, 10-6-2020

Eddie Van Halen, legendary guitarist and co-founder of Van Halen, passed away on Tuesday, October 6, after a long term battle with cancer.

No election needed. Eddie Van Halen was the greatest guitar player of my generation. Van Halen was the reason for the huge speakers. Music from my High School through College and Law School: Classics: Dance the Night Away, Beautiful Girls, You really got me. And the Cradle will Rock, Where have all the Good Times Gone,

An End of An era.

What have Palmetto Bay officials done in response to the offer to buy back the community center property for $2,950,000?

Palmetto Bay officials - If you don't want a community center, then why have you not returned the property to the seller and reclaimed our investment? An offer was once on the table to swap this land for the full purchase price. I am not understanding the alleged controversy on the Community Center site. 

I have a public record showing that The Shores of Palmetto Bay offered to (in effect) rescind the sale and return the sale price to the Village in exchange for return of the property. (CLICK HERE to download and save your own copy of the 12/20/2018 letter from the Shores of Palmetto Bay, LLC to Palmetto Bay) How often does this occur?

The offer is in the letter: exchange the property for the same price - $2,950,000.00 - or nearly $3 million. This would go a long way toward plugging the recent and deep deficit Palmetto Bay finds itself in a mere two years. The entire price is not even for the entire property, Palmetto Bay would still retain the dedicated right of way. 

Simple math - principal payment of $2,950,000.00 to purchase the property - $2,950,000.00 returned to the village when the village returns the property back to the prior seller. 

SPECIAL NOTE: Now before they all get excited, the letter, this deal, is not contingent upon allowing a charter school. He may intend to OFFER it for a charter school, but a sale of property does not constitute a zoning approval for a Charter School. 

Fair question: What has the current mayor (or anyone else for that matter) done insofar as due diligence on this offer? Any counter offers? Or is this yet another case of inaction allowing a benefit to our Palmetto Bay community to slip through their fingers? I don't want to hear rumor, conjecture, finger pointing or excuses. $3 million deals are done with paper (including electronic means). I want to see the actual communications. The lack of public records would be very telling; that there is no follow up, follow through or advocacy by this current administration in protecting the rights of those in our village.

I believe that the village should keep the property and should follow through on the community center. 

EDITOR'S NOTE - AN IMPORTANT READ: See: September 23, 2020, Palmetto Bay Charter - Citizens' Bill of Rights - requires Truth in Government by our elected officials and employees:

No Palmetto Bay official (Mayor, Vice Mayor and Members of the Council) or employees of the Village of Palmetto Bay may play fast and loose with the truth, misrepresenting the truth or twist facts to suit their political purpose. They are required by the Palmetto Bay Village Charter to speak the truth and not a filtered or convenient truth. This is the law in Palmetto Bay: “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.”

"Un-dorsement" reconsidered. This election is too important for the direction of Palmetto Bay. Miami’s Community Newspapers is endorsing Ed Silva

Breaking news. "Un-dorsement" reconsidered. This election is too important. Miami’s Community Newspapers is endorsing Ed Silva

It is not what the Village can do for a candidate, it is what that candidate can do for Palmetto Bay.

Here’s why Miami’s Community Newspapers is endorsing Ed Silva…

Here’s a real look at the most qualified candidate running for Vice Mayor and why we think he is deserving of your vote:

Ed Silva’s work in both the private and public sector has been exceptional and he will bring great value as Palmetto Bay’s next Vice Mayor.

During his time as the Village’s manager, he focused on important core issues including the environment, transportation and promoted transparency in government. As Village Manager, Ed balanced the budget and increased its net worth by $8 million.

The bottom line for him is to support and engage the community.

He has as a priority on walkability and bike-ability of the downtown, with a focus on supporting restaurants, offices and open spaces. To that end, as Village Manager he spearheaded the negotiations in acquiring 9 acres on Southwest 168 Street for an open space/park.

*** *** ***

Why now?

After seeing the missteps that the Village Council has been making, we decided it’s time for us to step up and deliver a message that the Village needs strong leaders that have real relevant experience that can help lead Palmetto Bay into the future. It’s clear that these are not normal times and Palmetto Bay needs and deserves, the most qualified public servants that can deal with Covid and the economic deficit that is upon the citizens of Palmetto Bay.

Click the link to read the full well-reasoned endorsement of Ed Silva: Miami’s Community Newspapers is endorsing Ed Silva, by Community Newspapers, October 5, 2020

FDOT Vision Zero. How many fatalities are acceptable?

An average of 800 pedestrians and bicyclists are killed in traffic crashes each year in Florida. 

What number do you find acceptable?

Rainy day. I want to ride my bicycle. Music video of the day.

What I am in the mood for, expressed through music. 

Just for fun.

Partial update on the LUXCOM litigation (Part of a series). Agreed Order rendered that provides deadlines.

The purpose of this post is to bring readers into the loop of just one of the several LUXCOM cases. I searched the Miami-Dade online court dockets to obtain this information. This update relates to the circuit court case of YACHT CLUB BY LUXCOM, LLC, v. VILLAGE OF PALMETTO BAY, FLORIDA, CASE NO: 2019-11663-CA-01. The parties reach an agreement that provides for a schedule of tis case. I am posting the specifics below. The trial Judge, the Honorable Spencer Eig, rendered an order based upon this agreement that provides as follows:

1. Pursuant to the Opinion and Mandate issued by Florida’s Third District Court of Appeal on July 21, 2020 in Case No. 3D19-1495 in connection with the instant action, this Court’s prior Order dismissing Plaintiff’s complaint with prejudice was reversed by the Third District Court of Appeal, with instructions for the case to be remanded for further proceedings before this Court. In accordance with these instructions, Defendant Village of Palmetto Bay, Florida is ordered to respond to the operative complaint filed in this action.

2. Defendant Village of Palmetto Bay shall respond to the operative complaint filed in this action by no later than ten (10) days from the date of this Order.

(EDITOR’S NOTE: Deadline is Saturday, Oct 10, 2020, so the applicable filing date falls on the Monday, October 12).

3. Fact discovery shall be concluded by both Parties in this case by no later than ninety (90) days from the date of this Order.

(EDITOR’S NOTE: Deadline: 90 calendar days after Wednesday, September 30, 2020 is Tuesday, December 29, 2020.)

4. Expert discovery shall be concluded by both Parties in this case by no later than thirty (30) days after the conclusion of fact discovery.

(EDITOR’S NOTE: This date does not fall from date of the order, but is 30 days after conclusion of the discovery. That date could change - all dates could change based upon circumstances. Assuming the fact discovery does conclude at the 90th day, the deadline would be Thursday, January 28, 2021. The 30th day depends upon discovery is completed, not necessarily 120 days from date of the order)

Now the real work begins on this case. There is an online docket maintained by the Miami-Dade County Clerk of Courts for those interested in watching this case.

For background, see prior related post: of September 28, 2020, Partial update on the LUXCOM litigation. Motion for status conference setfor Tuesday, Sept 29.

Local governments work together to push back on Gov. DeSantis’ return to live meeting order, gain an extension, but leave out their school counterparts, leaving them (literally) exposed!

Not all governments are equal. School Boards are local governments too, unfortunately the various school boards do not appear to carry the same weight in Tallahassee in regards to safety concerns as due the united Municipal and County governments.

Florida’s Governor Ron DeSantis has been scaling back on the COVID-19 emergency orders; working to bring an end to the fully remote virtual meetings by government. I was advised much earlier this week to expect the the October 5, Village Council Meeting of Palmetto Bay to be live, but modified.  

In anticipation, the council chambers were to be modified. Council Members and staff were to be shielded from each other and the public, nearly enveloped in Plexiglas type barriers [or is it the public who will be shielded (protected) from the Council Members and Staff?] There will be shielding for the public speakers. Everyone who intends to enter will be screened, including having their temperatures taken. There are many more protocols to be employed, but you get the point.  

However, the municipalities and Counties pushed back against the October 1 live reboot, successfully. There was a last minute reprieve and local governments now appear to have an additional month, through October. So for some governments it remains virtual and wait and see through October.

Not all governments were included in this reprieve. The Schools are working to restart this month after emergency meeting held Tuesday, It was reported in the Miami Herald that the Miami-Dade County School Members, caved to an early staged October return to the brick and motor schools, but it was “… under what they believed was a veiled threat — not from coronavirus fears, but from Florida Education Commissioner Richard Corcoran.” See the Miami Herald, opinion of Editorial Board, Sept. 30, 2020, Miami-Dade School Board stands tall in face of thuggish threat from the state.

In a stern letter, Corcoran instructed the nation’s fourth-largest district to reopen its school doors by Monday, Oct. 5 or be prepared to justify exemptions on a school-by-school basis by Friday — oh, and also face the possibility of having state funding withheld. What appalling thuggery.

The School Board was left to fend for itself, not part of a broad based coalition along with other governments. In response, I was provided an open letter from a Palmetto Bay resident, a spouse of a teacher, who stated the concerns: 

An open letter to Miami-Dade County Public Schools Superintendent Carvalho

Dear Superintendent Carvalho,

As the spouse of a Miami-Dade County Public Schools teacher, I am imploring, no, I am begging you to consider the fact that you are being bullied into reopening schools.

I have heard for over a decade about how you treat people who work for MDCPS. You have always been extremely fair, and fight for what is right for MDCPS. In this particular instance, I think that you need to bring your A game to the table and tell Florida Education Commissioner Richard Corcoran to stop playing politics, and even worse, playing with the lives of teachers, administrators, and staff.

What are the families of all of MDCPS teachers and staff supposed to do? Personally, I have been quarantined since March. I follow every safety protocol. Now, with the issuance of a threat, you're playing with the lives of everyone at MDCPS. When my spouse comes home from work infected by either another staff member or student, the virus will spread to me. This holds true for every single person that goes to work in the classroom and their families.

Do you honestly believe that young children in Pre-K through 4th grade are going to keep their mask on all day? Do you think these kids are going to wear a proper mask without vents? Do you think these kids will be able to keep their fingers off their mask? By giving into pressure, you are allowing small Petri dishes with arms and legs into the classroom to infect everyone around them. How long do you think it will take before schools will close again?

Superintendent Carvalho, you are better than this. You are a better person than Florida Education Commissioner Richard Corcoran. Please don't bow down to his threat. Tell Mr. Corcoran that lives are more important than his money and that you have too much honor to fold.

Think about your teachers. Think about the families of your teachers. Just think.

Sincerely,

The Spouse of a Teacher

One rule for all local governments? Hardly. Protecting home rule? Only for some (governments).

My opinion: It would have been appropriate for all governments to stand together as it rings hollow that local governments feel a risk from holding their limited meetings, a gather of 2 - 5 hours a meeting, yet our teachers are not considered for inclusion in the extension. Schools face far more exposure on a daily basis than these meetings. They are communities in and of themselves. Those at schools face exposure from 5.5 to 7 hours PER DAY, five days per week. The teachers, administrators and staff are at much greater risk - as are their families. 

There is an October 5, 2020, Village Council meeting. It would be appropriate for Palmetto Bay to stand behind our schools, our teachers and students and demand that we not force our schools to do on a daily basis what our local governments refuse do do for scant hours in a month - and at a much lesser density. 

That's just my opinion.  I believe it to be appropriate.

Eugene Flinn

#mdcpsreopening