This holiday belongs to those who put in the labor to make America Great!

Happy Labor Day! Take the day off.

I hope everyone who works hard to make America great is enjoying a happy and safe Labor Day weekend.  Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country.

The first Labor Day holiday was celebrated on Tuesday, September 5, 1882, in New York City, in accordance with the plans of the Central Labor Union. The Central Labor Union held its second Labor Day holiday just a year later, on September 5, 1883.

The vital force of labor added materially to the highest standard of living and the greatest production the world has ever known and has brought us closer to the realization of our traditional ideals of economic and political democracy. It is appropriate, therefore, that the nation pay tribute on Labor Day to the creator of so much of the nation's strength, freedom, and leadership — the American worker.

Read more about Labor Day on History.Com - Labor Day pays tribute to the contributions and achievements of American workers, and Labor Day 2018 occurs on Monday, September 3 (it’s traditionally observed on the first Monday in September). It was created by the labor movement in the late 19th century and became a federal holiday in 1894. Labor Day also symbolizes the end of summer for many Americans, and is celebrated with parties, parades and athletic events. (READ MORE)

Enjoy your special day

Eugene Flinn

Why I ride. End of Gravel Adventure Ride - riding the Tamiami Trail - Saturday, Sept...

Gravel adventures. Looking for new routes for upcoming group rides. Join us. 

Nature, riding and great friends.

Good News report from Pinecrest. No tax rate increase, no cuts in services, no need to raid reserves.

The 2020-2021 budget year looks very promising for the Pinecrest community.  The Village of Pinecrest is not raising their mileage rate. They have a surplus (additional to prior). Village employees and police are all getting raises.

This is wonderful news in these COVID times. Pinecrest managed COVID-19 without any adverse financial impact on their residents. Pinecrest is set up for reimbursement from FEMA. No deficits were incurred.

Success is where preparation meets opportunity. COVID-19 reached everyone. Those where were prepared, dealt with it and came out unscathed. Those who failed resort to playing victim, blaming others and point fingers.

There has been no silly spending. Pinecrest government revenues have been spent on providing Pinecrest government services.

Increased property taxable value covers any increases in their budget. The Mayor and Council of Pinecrest have no need, and therefore no plan to either raid reserves or raise taxes. 

Another surplus is anticipated. And this is after all Pinecrest employees, police and general, receive a raise in this upcoming year (possibly a 5% raise).

No Pinecrest taxpayer, business or residential, will be called upon to reach deeper into their pockets for Pinecrest.

For more information:

2020-2021 Proposed Budget

• Village Manager's Town Hall - August 20, 2020, 6:00 p.m. [Meeting Video]
• Budget Workshop - August 25, 2020, 9:00 a.m. [Meeting Video]
• First Budget Hearing - September 8, 2020, 6:00 p.m.

Second Budget Hearing - September 22, 2020, 6:00 p.m.

Opinion - How did this council get to a recommendation in favor of the 480? There once was a procedure to ‘undo’ the 480, but the present mayor and vice mayor appear to have dropped that effort, allowing staff to recommend 480.

As I no longer hold office, I can only offer my opinions as to the ongoing issues relating to the Palmetto Bay Village Center (PBVC). I have always fought to preserve those 22 acres, not see them developed. Twice I asked the council to join me in participating in the purchase through the County Environmentally Endangered Lands Program (EELs).

THE SHORT BITE:

The Vice mayor had the opportunity to repeal the 2016 ordinance relating to the PBVC. Former interim Village Attorney John Herin, Esq. was hired at village expense to advise the council on how to repeal this 2016 ordinance. The repeal ordinance was prepared and passed 3-2 on first reading which was held way back on April 3, 2017.  This was a special council meeting that was called (requested by the vice mayor) for Independence Day weekend, 2017, (yes, a Saturday, July 1, 2017) – Soon after - and inexplicably, the second reading was deferred by a 5-0 vote. (CLICK HERE to view the ordinance folder  

The Vice Mayor had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018, if this is really what he desired however the ordinance was never brought forward for enactment. In a complete 180,  the Staff operating under Mayor Cunningham and Vice Mayor is now recommending approval of the 480.

Failure to follow through has led to the PBVC seeking the present zoning on the 2016 & 2018 ordinances. It did not have to come to this had the repeal ordinance been properly and fully pursued. 

Promises not kept?

Also see PRIOR RELATED POST relating to the library parking: June 1, 2020

Correcting the record. The parking easement lasts for as long as a library, community room and Park operate as provided for in Resolution 2008-20. This was approved by the (then) Village Council on February 25th, 2008. Why would they lie, is it intentional or do they honestly don’t know the facts?

Parking is locked in for as long as this library and the park operate. 

THE FULL STORY PROVIDING A BRIEF INTRO & BACKGROUND/CONTEXT

Their fingers are pointing at others in deflection, but this is just another clear example where the buck stops at Mayor Cunningham and Vice Mayor John DuBois. The Vice Mayor spent village tax dollars to obtain a written legal opinion from John Herin, Esq, former interim village attorney as far back as March 2017. The result was  a 14 page treatise stating that the 2016 ordinance can be undone and providing the road map on how to do it.  The vice mayor felt strong enough that significant village funds were spent to obtain this legal opinion as an effort to undo the 2016 ordinance. Yet it moved forward and passed on first reading and then it stopped after a single deferral. This ordinance would have rescinded, undoing the 2016 ordinance.

The 2016 ordinance:

Then Mayor Shelley Stanczyk had sponsored an ordinance in July of 2014 that would have permitted the immediate development of 40 units in the 22 acres as well as a fire station. A little noticed fact was the July 2014 ordinance would have placed these 22 acres into the VMU, which would have vested the PBVC with 10 units per acre for a potential total build out of  220 units on those 22 acres. See: May 5, 2016, The facts regarding council action of Mon, 5/2/16. Protecting endangered land, managing vest rights inherited from Miami-Dade County.

The 2016 ordinance was passed not to create more units, but merely to transfer the developmental rights (known as TDRs) from the 22 acres to the back area of the Palmetto Bay Village Center (PBVC). This area was created as what is known as the Village Mixed Use, or VMU district. No one (except apparently Mayor Stanczyk) has ever wanted to see those 22 acres developed. 

Saving the 22 acres through transferring the developmental rights (TDR) is one way, but obviously not the way that the Vice Mayor felt appropriate.  In fact, at one time the ordinance was proceeding through the 2016-18 village council – the ordinance passed 3-2 on first reading held April 3, 2017. A special council meeting was called (requested by the vice mayor) for Independence Day weekend, 2017, (yes, a Saturday, July 1, 2017) – where, inexplicably, the second reading was deferred by a 5-0 vote. (CLICK HERE to view the ordinance folder  

More importantly – the Vice Mayor had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018, if this is really what he desired however  Du Bois did not change back the 2016 ordinance. In a complete 180,  the Staff operating under Mayor Cunningham and Vice Mayor DuBois is now recommending approval of the 480.

The inexplicable in-action runs in stark contrast to what we heard from them in both the 2016 or 2018 elections.

Perhaps it is really the current Mayor and Vice Mayor who have turned their backs on Palmetto Bay!

There once was plenty of time for Mayor Cunningham/Vice Mayor DuBois administration to follow the March 2017 repeal manual provided by John Herin, Esq. There have been 78 meetings with the new council (and we all know there is nothing that prevents this current mayor and council from calling yet another special council meeting) – and yet this council never discussed it or let out a peep during any of them. Yes, though it made for great campaign fodder, the Mayor Cunningham/Vice Mayor DuBois administration never got around to doing anything to ‘fix’ this 480.

Results - there was no action to keep promises to 'undo' the "485"! 

So here we are – the Mayor Cunningham/Vice Mayor administration is recommended 480! Village paid traffic and zoning experts provide evidence in support of the Palmetto Bay Village Center. Instead of having done their jobs, the backs of these two were turned. Fingers pointing. I am waiting for their voices to blast through their proxy psudeo concerned group in their best ventriloquism act through email. And not only are they taking the 22 acres that I fought for and he argued against, but they are buying up the 18 acres we all agree are undevelopable (and not useable for park). 

Does this show laziness on his part or is this an admission that I have been right all along?

Why do I opine that the Vice Mayor never wanted the 22 acres? From his own comment in an e-mail wherein he specifically stating that it would be very unlikely to ever be any foot traffic through what he describes as a “mosquito infested park”. The Vice Mayor characterizes the entire “40 acre village park” as follows:

a. The 22 acres is discussed above, the other area is 18 acres of wetlands that will never be developed for anything nor will there likely be foot traffic through there as a mosquito infested park.

b. The 22 acres in question has had poor maintenance over the years and will require a tremendous amount of taxpayer money to bring it up the standards of a Palmetto Bay park property and then maintain it. IMHO, the current developer should be fined for neglect or be forced to bring it up to reasonable standards (at a bare minimum, trim back all 3000 foot frontage on Old Cutler road away from the bike trail). Is it $20K/year or $200K/year of village taxpayer money that will support it. Look at Thalatta Park, we were sold at $40K/year to maintain it, the village spent under two million dollars over the first 8 years for maintenance and to make needed improvements to it.

There you have it – 78 meetings where it was the Vice Mayor who firmly turned his back on Palmetto Bay. One has to wonder if the Zoning hearing of 6/2 was really unable to go forward or if the Mayor Cunningham/Vice Mayor DuBois administration finally woke up once they started receiving complaints and needed time to regroup and revise (or reverse)  the staff recommendations of their handpicked interim staffers.

The wagons are circled and their campers are gearing up for their volley of blame, smear and innuendo, but the facts remain. Its more than the numbers – 480 is the unit number. 78 is for the number of meetings where they could of, but failed to act, 40 (or 38) is the number for acres of land that the Vice Mayor has never wanted to take, but is there for the transfer.

Gamesmanship. Thankfully even in politics, the facts and truth sometimes rise to the top. They could delay it, but the realities of the Mayor Cunningham/Vice Mayor DuBois administration should now be obvious to those keeping a close eye on this village and the internal politics of shame.

In other words, either a sincere apology is due or someone has some serious explaining to do! The ball has been in their court. Action is long overdue. As I stated, an explanation is in order as to why village money was spend on legal opinion and assistance in reversing the 2016 ordinance, yet it was never completed, despite having the legal assistance as well as the votes to do so.  Their (lack of action) speaks so much louder than their words –or the shallow arguments of their puppet masters who continue to deny that they sat silent when Mayor Stanczyk sponsored the process to actually develop those 22 acres in 2014.

Just for fun - POD - The Trash Panda ride. Seen at Black Point Canal.

A hungry raccoon raiding the garbage cans at the Black Point Park and Marina. Taking a break and watching him (or her) look for a meal. And no, I did not intervene. I kept my social (and safe distance).

This lil guy (or girl) shows why raccoons are also called 'trash pandas'.

Happy National Dog Day - Wednesday, Aug. 26, 2020

 Lil Timmy and Bailey are happy to wish everyone a "Happy National Dog" Day in Palmetto Bay, Miami-Dade County, FL.

Bailey - above left, Timmy - above right.

Happy National Dog Day - Aug. 26, is celebrated as International Dog Day, in the United States.

Lil Timmy loves to celebrate his "Gotcha Day" of June 29, 2014 - See Prior related Photo of the Day Post - It’s Lil Timmy's very first Gotcha Day! He is Meredith's loyal canine companion, adopted from the Miami-Dade County Animal Services.

Support your local pet rescue group. There are many more animals looking for a home where they help improve your own life. Don't take it from me, check out WebMD - 5 Ways Pets Can Improve Your Health.

CLICK HERE to view prior related posts relating to dogs and dog events previously held in Palmetto Bay.

Politics and dogs are intertwined, 

The friendship of a dog is precious. It becomes even more

so when one is so far removed from home….I have a 

Scottie. In him I find consolation and diversion…he is 

the one person to whom I can talk without the 

conversation coming back to war.

—Dwight D. Eisenhower

and, finally, one of the all time classics quotes:

I love a dog. He does nothing for political reasons.

—Will Rogers

Have you ever watch the famous "Checker's Speech" delivered by Richard Nixon? Here is your chance:

Photo of the Day (POD) Koi Boi!

 Keeping it light. Here is the photo of the day courtesy of Mark Merwitzer:

From the memory archive: 1976 Faculty Favorites recipe collection, Blue Lakes Elementary

Look what my daughters found. You never know what you will come across when visiting mom.

Friday family night dinner was take out brought to my mother's house for the entire family. Both daughters enjoyed looking through some treasured items. One notable item is the “faculty favorites” recipe collection -  from 1976 - Blue Lakes Elementary. I posted to my Facebook page and received many comments from fellow classmates and Facebook friends. I thought I would add it here to my collection on this blog.

I enjoyed the comments. One friend recalled that her Mom was a cook at Blue Lakes Elementary at that time.

I enjoy recalling memories as well as making new ones. 

The book is in mint condition.

Good times. The year of America's bicentennial. Who remembers the nightly update relating to on this day in 1776"?

Remembering America's Veterans - those who earned the Purple Heart.

Important memories and celebrations that should be recognized at home, if we cannot safely join together during this pandemic. 

Palmetto Bay became a "Purple Heart City" as per resolution 2016-40 that I was proud to sponsor as Mayor of Palmetto Bay. 

This is a national day of recognition. Purple Heart Day is observed on August 7 each year and is a time for Americans to pause to remember and honor the brave men and women who were either wounded on the battlefield or paid the ultimate sacrifice with their lives.

See Channel 10 News online: Palmetto Bay becomes first Purple Heart city in South Florida - Flag-raising ceremony held to commemorate honor, By Peter Burke - Local 10.com Managing Editor, posted: 1:22 PM, August 10, 2016.

Pictured above: Palmetto Bay's initial Purple Heart event at the local American Legion Post 133

See prior related post of August 12, 2016, Recognizing our Purple Heart Awardees. Palmetto Bay is now a Purple Heart City! where there are additional photos from this 2016 event

CLICK HERE to view other related posts recognizing our Veterans for their service.

"When one door closes another opens". Bait & switch on zoning. The 2020 downtown code changes are more than balanced out by the 2019 liberal variance process

Monetizing the Palmetto Bay zoning process and removing certainty. Hardship variance goes bye, bye, replaced with a liberal variance process that includes significant discretion known as “administrative”. A code is only as good as the enforcement. The new 2020 downtown code will be very flexible due to the variance procedures revised in 2019.

Little attention was paid to significant changes to the Palmetto Bay code regarding variances. Any door 'closed' by the 2020 code clearly can be opened through this 2019 standard variance process. Note that there is no such thing as a strict code where it can be undone through variances. This is a classic case of go ask mommy (the granter of variances) for permission if you don’t like that daddy (the code) tells you (the developer) no. In other words, what you think was taken away (or lowered) under the 2020 code can be given back through an administrative or council variance. Sleight of hand, bait and switch. 

I championed and established the original process regarding hardship variances in Palmetto Bay. Variances were limited in that they were granted under the original, now former, Palmetto Bay standard only when a true hardship associated with a property was preventing the property from meeting the requirements of the zoning ordinance. The code ruled. In other words – adjustments were limited to what was required to allow an odd property to build to what is intended by the code – this includes design standards. It served Palmetto Bay well from enactment until it was untimely dismantled in 2019. This is, or was, a strict standard. That must be why the current mayor and council determined that the hardship standard had to go and be replaced with something that would allow a case by case reconsideration of the code they ultimately enacted in July 2020.

The changes to the Palmetto Bay variance rules sailed quietly under the radar under the Cunningham administration in ordinances 2019-09 and 2019-13 (click the links to read the entire changes). There was never any explanation to the public why these changes were needed and who would profit by these changes (my opinion: developers, not adjoining property owners).

This new/current Palmetto Bay variance procedure allows actual deviation (relief) from the July 2020 downtown code at the discretion of either administration or the council (if it gets that far). Palmetto Bay’s new rules on variances are very liberal – and, most importantly, allow for changes of building heights. This allows for additional floors and greater density. Development is now controlled by variances, not the code.

I have always been of the opinion that variances should not be easily or lightly granted and a variance should be the exception not the rule. There are numerous conflicts in the most recent code approved by the Palmetto Bay Village Council in July 2019. In fact, Council Member Patrick Fiore recently pointed out that many of these issues can be (actually, will need to be) resolved through the soft variance standard enacted in 2019 under the Cunningham administration. In my opinion, this is like hanging a huge 'open for business' sign in big neon letters to developers, letting them know that the code is merely aspirational, little more than a great political sound bite. The huge risk is that the Palmetto Bay planning process is now monetized where what is built is not dependent on what is written in the code, but how lawyered up developers are willing to push.

This results in little to no certainty for residents in what will end up at any specific property. At least not until plans are approved. The question is, after reading these two ordinances, whether the variances will be granted 'administratively' (behind the scenes) or whether residents and adversely affected property owners will have their day in court at a public hearing before the Village Council.

We shall see. Stay tuned.

There is ‘truth’ then there is the truth, the whole truth, and nothing but the truth … what is in store for the Palmetto Bay downtown?

The Shores at Palmetto Bay LLC is a previously approved project that has recently requested to down scale the project based upon the new code. This project passed in 2018 on a 4-0 vote [Cunningham, Singer, Seigel Lara, & Flinn (note: DuBois did not participate)].

What about the retail, the commercial, items residents clearly wanted for the Downtown, not merely apartments? The 2018 Zoning Application for Shores Development passed by a vote of 4-0. This was the last residential application submitted for hearing for the Downtown Urban Village before the moratorium was voted on in April, 2017 (which was later dropped in 2019). During the hearing an additional ten amendments were added to the zoning resolution. These included a total of 307 parking spaces, increase in minimum apartment square footage, a transit stop and covenants to ensure dedicated landscaping and open space as presented. There were restaurants and first floor commercial planned for this property along with approximately one acre of village green space.

Now the project has morphed from a community destination to live work apartments. (CLICKHERE) The project list claims an application date of June 29, 2020. The village describes the application as follows: 

Request for approval of a site plan with a non-use variance proposing a 3-story mixed use project configured around three (3) respective buildings (the “Project”). The Project will encompass 120 total units, including 6 ground floor live/work units, with direct frontage along SW 97 Avenue (Franjo Road). The Project represents a significant reduction in development intensity and proposed density from the 2018 Site Plan Approval.

‘The Project represents a significant reduction in development intensity and proposed density from the 2018 Site Plan Approval.’
That is true – but is that the entire story?... Remember the meaning of ‘truth’ is relative for some. That is why oaths often include:

“…the truth, the whole truth, and nothing but the truth…” meaning:

The absolute truth about something, without omission, embellishment, or alteration. Used to swear in witnesses while giving evidence in court, and used by extension in other contexts.

(CLICK HERE)

This is a topic for future posts where I will dive deep into the recent code changes and provide the actual details as well as some reaction from some who have been and continue to be affected. Just note that the article about the Shores at Palmetto Bay LLC will discuss how this project removed more than a couple of floors – it removed the substantial retail, commercial, the public green aspects that many were clamoring for in the controlled redevelopment. Voters were promised more resident friendly amenities and less apartments in the 2018 election. Is this what they are getting? We are starting to see the shoes drop and what we have is a current mayor and council with their foot firmly on the gas to provide little more than apartments. 

Future post – Shores at Palmetto Bay LLC – what his sudden request to reconfigure this property tells us about the future of Downtown Palmetto Bay

The Tropical Storm Isaias Bread & Circuses show - Palmetto Bay edition. A few sandbags do not provide our residents with what we need: affordable windstorm/flood insurance, our largest expense in homeownership.

No homeowner insurance relief, but have a sandbag or 5 (while very limited supplies last)!

What am I referring to? Our local State Representative partnered with Palmetto Bay officials to hand out sandbags at Coral Reef Park. Officials are poised to raise taxes this year, perhaps so they can fund ‘free sandbags” for a limited few. Pictures are worth a thousand words; you can see that there was a mere small truckload for the “lucky residents” that drove up for up to five sandbags (each weighing up to 30 pounds each). So, you got about $15 dollars of sand for your use to offset the probable tax increases for this coming year. Sounds like an awesome plan, right?

They also hope you don’t see the pictures and the waste of employee time in distributing these sandbags in this “voluntary giveaway ‘But like my grandpa taught me; nothing in life is free. Village employees were involved. Let’s be honest. It was merely an election season photo op. It certainly was not even a band aid. I certainly feel that the latest actions of Government fall far short of addressing crucial needs under a threat of a potential storm. Examples: where were the crews making sure the drains were not covered with clippings? Or in documenting houses that left debris piles in the front or even documenting potential trees that would be at risk during a storm? How about the crews needed to ensure our roads would be open after the storm? What was the contingency plan?

This is part of the new form of government embraced by the voters where results are no longer expected. There are no metrics to determine success. Instead there is a steady diet of ‘bread and circuses’, ‘thoughts and prayers’ and one heck of a campaign photo op for all involved (again, ultimately funded by the local taxpayers).   

What do we need versus the deliverables?

• We really need affordable windstorm/flood insurance, our largest expense in home ownership. Instead elected officials offer a limit of 5 sandbags 'while supplies last.' (paid for by taxpayers). 
•  I need affordable car insurance, instead elected officials offer a few sandbags. 
• We need proper funding for SFWMD to fix the drainage canal for flood control, instead elected officials offered us 5 sandbags to a household, again, while supplies last.
  
  
• 

And where was the current Mayor of our village? Was she in Tallahassee or DC over the year fighting for any of the above? Nope, the current mayor of my village was helping to fill the 5 sandbags. Bread and circuses. $15 of sand for the lucky few to offset the tax and fee increases for all. Fair?

The real use for the 5 sandbags? Placing on your roof to hold down the post storm blue tarp. Too many people will be unable to afford a new roof out of the post deductible and post depreciation insurance settlement - again, a gift to our pro-industry legislature.

The real question is if we voted carefully for elected officials would we, the homeowners who find their pockets constantly picked, get what we truly need.

I have an idea. I know it is a crazy idea, but an idea nonetheless: Elect officials who will actually work to reduce the overwhelming burden taxpayers face in trying to live here in South Florida. We can then afford to buy our own sandbags  (as well as in the number that will actually be useful for the purpose intended) instead of paying the higher taxes charged to fund their self-promotion foolishness!

Why can’t the legislature work to make home ownership affordable? Bring down the cost of Homeowner, Windstorm, automobile and Health Insurance. There are people who are paying $10-15K or more for home and flood insurance, as well as paying some of the highest rates for automobile insurance in Florida, if not the nation.

150 pounds of sand broken up onto a mere five sandbags does not make up for the huge financial burdens that our State government refuses to address. I know some will find the gesture worthy but I do hope most really see it for what this really is, a distraction from the lack of results for the taxpaying, insurance stressed residents.

Why I bike. Marking my 58th with a 58 mile ride. I missed the rain.

But I did not miss the headwinds. I thought myself smart, initially heading north for trip out on a 58 mile ride to celebrate my 58th trip around the sun. This was solo ride due to the Pandemic. Just to ponder, and pedal. Wind was heading southwest from what I could tell, so I headed north. Take on the headwinds when fresh and earn a soothing tailwind on the ride back, after making the turn. But, like so much else, things change. As I said, I missed the rain, but not the fierce winds generated by some of the rain. I did enjoy the much anticipated tailwinds for the first few miles (who doesn't enjoy a tailwind?), until I returned to downtown Miami, where I was met with the fierce headwinds. You can either think “unfair” or pedal harder. I did the latter. Downtown was very stout. At one point I felt like I was pedaling merely to stay in place. How I missed having fellow cyclists to take turns pulling in the wind. Perhaps next year.

Old Cutler, past Key Biscayne, Brickell through downtown to Biscayne and north up to 110. I had 25.6 miles, I think, at the turn. Some loops or route diversions would be required to make the 58. I initially followed the same route back until I reached the Grove then into the Gables for a stop, through South Miami to what will soon be known as the south terminus of the Underline. That is where it got slow. Continued down what is in reality the “South Dade Trail” the M Path – a 30 mile path from downtown Miami to Florida City. I rode the path to 184 then headed East back into Palmetto Bay.

58.1 miles. Mission accomplished. A most interesting ride. I waited in downtown Miami for the drawbridge over the Miami River. 

One of the many things great about cycling. You take the time to enjoy the view.

I did stop at The Cat’s Meow Café. It was not open yet. Adopt a cat. The poor guy at the window looked quite friendly but suffers  from (or gets along despite) the loss of an eye. Many small businesses that appear not to be open or operating takeout / delivery only.

That was my ride. I seriously doubt there will be a 75 miler on my 75th – but I will train for it just in case.

The post would not be complete without a few cycling related quotes:

“In politics, one can learn some things from cycling, such as how to have character and courage. Sometimes in politics there isn’t enough of those things.”

Guy Verhofstadt, Prime Minister of Belgium, 2004

“It is by riding a bicycle that you learn the contours of a country best, since you have to sweat up the hills and coast down them. Thus you remember them as they actually are, while in a motor car only a high hill impresses you, and you have no such accurate remembrance of country you have driven through as you gain by riding a bicycle.”

Ernest Hemingway

“One Less Car” & “We are not blocking traffic; we are traffic.”

Cycle advocacy slogans

And both sides of the aisle agree:

“Nothing compares to getting your heart rate up to 170-something, riding hard for an hour-twenty, getting off and not hurting, as opposed to 24 minutes of running, at the end of which I hurt. When you ride a bike and you get your heart rate up and you’re out, after 30 or 40 minutes your mind tends to expand; it tends to relax.”

President George ‘Dubya’ Bush, May 2004

“Nothing compares to the simple pleasure of a bike ride.”

President John F. Kennedy

ALERT. A potential new Bert J Harris claim has been raised by Qualcom Palmetto Bay Active Zone Business, LLC. This should be discussed Tuesday, July 28, 2020

Good Grief! Here we go again. Will Qualcom Palmetto Bay be LUXCOM part deux? Let's hope not. I wonder if there is blood in the water? Perhaps Palmetto Bay officials need to go back to zoning hearings rather than piecemeal by Bert J Harris litigation as LUXCOM is starting to appear to be merely the first of what is feared to be the start of a Bert J Harris litigation avalanche. Precedents are being set where zoning decisions are being taken out of the Village hands and determined by the courts, where our fellow village residents have essentially no input into the decisions. See: July 13, 2020, LUXCOM - Tuesday, July 14, 2020 is mediation day. a day that will set the future of development in Palmetto Bay. Some thoughts. for background information relating to LUXCOM.

Now there is the probability of rough water ahead for Special meeting - Tuesday, July 28, 2020: Zoning Hearing (Comprehensive Plan Amendment, FLUM, & DUV Zoning District). (CLICK HERE to view this 9 page agenda package - as it was posted as of 3:30 PM on Friday, 7/24/2020) This is scheduled to be the final hearing to pass the DUV changes on second reading. Anyone that has been following zoning hearings know that they have been held and then reset to a future date due to the pandemic and resulting difficulties in holding live hearings. This one looks like it will move forward (and it should as village business needs to move forward). However, this DUV code rewrite is not moving forward under the radar, without notice of at least some of the affected property owners. The entire 1,392 page agenda can be reviewed (it is a long download) CLICK HERE.

Property owners with objections - Attorneys for Qualcom Palmetto Bay Active Zone Business have raised multiple objections to the code rewrite, placing Village Officials on notice of potential lawsuit. The main claim is that the revisions violate the Bert J. Harris Private Property Rights Protection Act (“Act”). Their objections are discussed in detailed further on in this blog post, as well as providing a link to the actual objection letter.

CLICK HERE to read this letter for yourself

So here were are - days away from the potential LUXCOM part Deux. It really isn't hard to see these issues develop. That is for those who pay attention. And that is one reason why I continue to express my opinions in this blog. You are reading it here so you can truly be kept in the loop. Important information is not being passed on to Village residents. Palmetto Bay officials were recently served with a letter from Litigation Counsel for Qualcom Palmetto Bay Active Zone Business, LLC, a Delaware Limited Liability Company. The sale of this property was featured in a prior related post on January 8, 2020: More real estate sold for redevelopment while the council continues to neglect the promised DUV rewrite. Bellsouth Building, south of Palmetto Bay Park is sold to investment group

Review that prior post. You will see where I stated in the opening line of that blog post that "Private enterprise keeps moving while the Palmetto Bay government sleeps, perhaps trying to get in under the wire, before any new zoning restrictions take effect." I mentioned in that blog post that it "... is unfortunate that these moratoriums/ZIPS were allowed to expire under Mayor Cunningham as of February 2019, prior to any of the promised revisions." This was not a prediction, as the current state of disarray is far to easy to foresee. The shoes are now dropping from the sky. The subject property appears to be one of those properties traded during the lapse in the moratorium. Now what? More tough talk and political promises (specifically the 1 unit per acre promise on LUXCOM) only to be followed by hiding being the 'threat of lawsuit' to give the developer (such as LUXCOM) what the developer wants? Yes, 'new direction' - everything done under threat of lawsuit.

FAIR QUESTION: Why can't critical updates such as this demand letter and the threat of pending litigation be disseminated to fellow residents at all, forgetting for the moment, as quickly as notification of an official village celebratory birthday or graduation drive by? Distraction over business. Village notifications demonstrate that news can be disseminated, but current officials instead have chosen to dull residents with 'bread and circuses' rather than actually keeping people in the loop and allowing for public discussion on matters of great public importance. 

There was a Committee of the Whole meeting held Tuesday evening, 7/21/2020. Another Special Council meeting was held Thursday evening, 7/23/2020. Nothing was said in public regarding this new probable lawsuit. This is important. This is a matter of public importance. Regardless, it appears that once again my fellow village residents will be treated like mushrooms and remain in the dark regarding this latest festering matter until village officials can figure out how they can best spin it. Drive by party caravan anyone?  Officials hoping things go away is no way to run a government!

Back to the developing litigation demand: The property owners object to the Revision as applicable to the Property, alleging that the village's recent changes to the code "...unreasonably, arbitrarily and detrimentally burdens (their) Property.” 

Specifically, the property owners allege that:

A. The Revision violates the provisions of the Bert J. Harris Private Property Rights Protection Act (“Act”). The Act is a mechanism to protect and compensate any Landowner whose Property is affected by Government action not rising to a taking. See Florida Statute Section 70.001. It is our position that the Revisions inordinately burden our Client’s existing use of the Property and/or a vested right to a specific use of the Property under Section 70.001(2) of the Act.

There are additional objections alleged by the property owner in addition to the Bert J. Harris Private Property Rights Protection Act (“Act”) claim. Other objections include impermissible spot zoning; violation of Equal Protection, as well as the length of the moratorium (which actually was 'accidentally' dropped for a period of time, which many other property owners used as an opportunity to rush development plans into the Village Planning office, before that window of opportunity closed.Counsel for ended their correspondence stating that "We hope the Village will take our concerns seriously and modify the Revision accordingly. In this regards we are ready to meet with the Village at any time. If our Client’s concerns are not resolved we will have no alternative but to pursue our legal remedies. PLEASE GOVERN YOURSELF ACCORDINGLY."

Stay tuned and we shall see what develops.

EDITOR'S NOTE: Is this the new normal for Palmetto Bay? Is there sufficient monies put aside to cover the expected litigation expenses for the remainder of this budget year? How large will the village litigation budget be for the upcoming 2020-21 budget year. Is this the REAL reason why the Cunningham Administration is seeking to raise taxes?

Ballot for Town Manager Search - Town of Bay Harbor Islands, 7-22-2020. How will this impact Palmetto Bay?

Unfortunately, it is not unusual for a top choice to not come to terms. Leadership shows confidence in continuing the process, rather than scrambling at the first occurrence of an unfortunate turn of events. There should be no panic and no rush to cut and run from the process. The top candidate turned down Palmetto Bay on Tuesday, July 14. But there are questions as to why public discussion of next steps for Palmetto Bay manager had to wait until tonight, July 23. That has led to fair questions as to whether Palmetto Bay officials were waiting to see who would be available after the Town of Bay Harbor Islands acted on their process for Town Manager.  

Can someone review this photo sent to me and verify? I was advised that this was the vote on the first round for the finalists for the Town of Bay Harbor Islands manager search. The date of this ballot is listed as July 22, 2020.  There were 6 finalists compared with the 3 for Palmetto Bay. The candidates listed below either did not participate in the Palmetto Bay search or qualify for the final three. The 5 (now) former candidates for Bay Harbor Islands are now moving on; assuming that Bay Harbor Islands comes to terms with their top choice.

The Palmetto Bay manager selection should not be made on a whim, without proper vetting. I recommend that they stick to the process and show respect to the other two candidates who put their faith in Palmetto Bay. The remaining final 2 believed that they would be respected and not abandoned, cast out, based upon the inability of this mayor and council to come to terms with their former top candidate. That is why there are three finalists.

Palmetto Bay should not be someone's safety net, plan "D" or worse.

I am providing links to some recent Community Newspapers opinion articles relating to the current state of the Palmetto Bay search:

Grant Miller, Community Newspapers: Palmetto Bay’s No-Show Manager Might Be A Sign of Bigger Problems, July 17, 2020

Grant Miller, Community Newspapers: Palmetto Bay: Patience May be Your Best Ally Right Now. July 21, 2020

Palmetto Bay may have been turned down by the top finalist, but 2 of the 3 remain and they deserved the respect of the process continuing as promised.

FAIR QUESTIONS:

• Is this why Palmetto Bay scheduled their discussion for tonight, July 23, 2020, to allow for the vote to take place in Bay Harbor Islands?
• Are any of these candidates not hired going to be considered by Palmetto Bay tonight on a whim?
• Did any of these candidates participate in the Palmetto Bay search performed by the Mercer Group, but did not make the list of Palmetto Bay finalists.
• Would Palmetto Bay elected officials actually consider any of these candidates if they chose not to participate in the Palmetto Bay search, or if they did, they failed to make the finals?
• What communication, if any, has been held between any of the 6 listed candidates for Bay Harbor Islands post and our elected officials (or any of their intermediaries)?

We shall see if the Palmetto Bay officials continue to follow the process or if they abandon it and hire on a whim, hiring someone who did not make the top three in a neighboring community. 

POD - do as Batman does, wear the mask. "The mask is not for you. It's to protect the people you care about."

Listen to Batman, if you won’t listen to the CDC. Batman provides a perfect explanation as to why we should wear a face covering during the pandemic. The quote is lifted from the 2012 movie The Dark Knight Rises.

"The mask is not for you. It's to protect the people you care about."

What's happening - Real Estate - Change is coming to the old Calico Corners – building reported sold for $1,650,000

I have no information on what will go in there, but there is an update posted as to the recent sale – the near landmark Calico Corners building 

OK, so I hadn’t been there in a while, but they were happy trips, looking for materials for drapes and other items for our nursery room(s). Good times.

$1,650,000 was the closing price for the 5,636-square-foot, two-story retail building on just over a quarter-acre lot at 16810 S. Dixie Highway in Palmetto Bay.

See LAW.COM, dbr Daily Business Review, July 20, 2020, Palmetto Bay Retail Building Trades for $1.65 Million, by Lidia Dinkova, that is if you are a subscriber and therefore able to get past the paywall.

NOTE: Potential buyers often meet with officials in the village planning office to discuss their plans for a property, as part of pre-sale due diligence. Again, I am not in the loop as to whether such a meeting occurred in this specific instance or what was discussed if there was a meeting. We will, as they say; “wait and see”.