HISTORY

On November 6, 1995, the Alliance of Palmetto South Homeowners Association petitioned to incorporate an area to be called Palmetto Bay.  County staff reviewed the application and recommended denial because the proposal exceeded the fiscal equity guidelines and divided the Perrine Census Designated Place. On June 3, 1996, the Boundaries Commission recommended denial of the proposed incorporation. On July 24, 1996, the Planning Advisory Board recommended approval of the proposed incorporation. On September 17, 1996, the Board of County Commissioners (BCC) held and concluded a public hearing regarding the subject incorporation, at this meeting the BCC deferred the proposed incorporation.  Subsequent to the public hearings of the Boundaries Commission, Planning Advisory Board and the County Commission, the Census Designated Places boundaries were modified as a result of the 2000 Census and the proposed incorporation no longer splits a Census Designated Place.

PALMETTO BAY'S LAWSUIT

Palmetto Bay filed the lawsuit in March 1998 through area residents and volunteer attorneys Brian Pariser, Eugene Flinn, Jr. and Edward Ludovici, to compel the County to allow the citizens within the proposed municipal boundaries to vote on the issue of incorporation. At the request of the County, the case was abated for five months to permit the Miami-Dade County Board of Commissioners ("Board") to make a decision with regard to the proposed incorporations.  When the abatement period expired, the Board had not yet taken any action.  Doral then filed its complaint in February 1999, seeking the same relief. The complaints were consolidated. All three parties:  Palmetto Bay, Doral and the County filed motions for judgment on the pleadings.

After an extensive hearing on May 6, 1999, the trial court granted the motions for judgment on the pleadings filed by Palmetto Bay and Doral and denied the County’s motion for judgment on the pleadings.

The Honorable Alan L. Postman ruled that the County’s open-ended (then 2 1/2 year) delay of the vote was in violation of the Citizens Bill of Rights guarantee against unreasonable postponements.  To cure the violation, the Judge ordered special elections to be held within 90 days, returning to area residents the right to vote on incorporating their communities.  The final judgment was rendered June 1, 1999.  The County Commission voted to appeal the final judgment so that the vote would not go forward.

County Attorneys filed the Appeal on June 29, 1999.  On July 15, 1999, Eugene P. Flinn, Jr. from Palmetto Bay and Joseph H. Serota for Doral filed our Motion to Expedite Appeal.  The Court granted this motion the next day.

The Judgment mandates that Metropolitan Miami-Dade County (“County”) place the issue of incorporation of Palmetto Bay and Doral for special election within ninety days of the Judgment.

Unfortunately for Palmetto Bay, the Third District Court of Appeal ruled against Palmetto Bay and overturned the trial court decision requiring the County to set the election within 90 days.  That case was then dismissed.

POST LAWSUIT

On April 12, 1999, then County Manager, Merrett Stierheim, sent a report to the Board of County Commissioners on the incorporation issue.  In that report he presented a series of incorporation policies that taken collectively represented the best approach to managing incorporations and the fairest process for all individuals impacted by future incorporations.

The recommended policies required that new cities be allowed to proceed only under the following conditions: first, the new city had to remain in the Miami-Dade Fire and Rescue District, the Miami-Dade Public Library System, and the County solid waste collection system, and continue to receive and pay for specialized law enforcement services from the Miami-Dade Police Department.  Second, the new city’s boundaries had to be drawn to ensure the area was revenue neutral or the new city had to agree to mitigate the adverse fiscal impact caused by the new incorporation on the remaining unincorporated area.

On May 20, 2000, the Board of County Commissioners approved a resolution sponsored by Commissioner Katy Sorenson creating the Palmetto Bay Municipal Advisory Committee (PBMAC).  Since it was anticipated that the PBMAC’s advisory report would not be completed within one year from its creation, on April 21, 2001, the Board approved an ordinance, sponsored by Commissioner Katy Sorenson, extending the Committee’s term pursuant to Section 2-11.36.1 of the Code of Miami-Dade County that requires that committees that will exist for a year or greater be created by ordinance.  The PBMAC was charged with reviewing incorporation related issues and concerns, and addressing the manner in which those concerns could be alleviated in the event Palmetto Bay was incorporated as a new municipality. 

The members of the PBMAC were:

            Eugene Flinn, Jr., elected chair by his peers,

            Edward Ludovici, elected vice-chair

            Mary Cagle

            Marshall Brodie

            Robert Dempster

            Howard Tendrich

            Leyland Hunter

The Board of County Commissioners also approved Municipal Advisory Committees for companion areas of Doral and Country Club Lakes.

These policy recommendations and others were included in the Incorporation and Annexation Report and Policy Recommendations transmitted to the Board July 12, 2001.

The mitigation payment does not represent the full difference between the Palmetto Bay area’s revenues and expenses. The required mitigation payment will still leave Palmetto Bay revenues to invest in service enhancements and establish a municipal government.  (emphasis added)

Also, like the agreement with Miami Lakes, the PBMAC fought for and received from the County favored nation status for the Village, meaning that if the County approves any future incorporation of a donor area that is less restrictive than the Village’s conceptual agreement, the Village agreement will be modified accordingly.

Staff was directed to study the incorporation proposal with the following as the municipality’s boundaries:

 
On the north,  SW 136 Street and the City of Coral Gables;
On the south,  SW 184 Street;
On the west, The right-of-way of the former FEC railroad; (the MAC changed this western boundary to South Dixie Highway) and,
On the east, Biscayne Bay.

            BOUNDARIES COMMISSION RECOMMENDATION

The Miami-Dade County Boundaries Commission held an advertised public meeting on June 3, 1996.  They reviewed the subject application and recommended denial.

PLANNING ADVISORY BOARD RECOMMENDATION

The Miami-Dade County Planning Advisory Board held an advertised public hearing on June 24, 1996.  They reviewed the subject application and recommended approval.

SUMMARY OF PETITION

The petitioners have stated that they wish to form a new municipality for the following reasons:  

-                     to improve public safety;

-                     to improve local parks and recreation services;

-                     to improve public area maintenance;

-                     to improve other basic public services;

-                     to improve the process of development regulation; and

-                     to provide for enhanced public participation in local government.

 
                         THE ELECTION PROCESS

February 5, 2002: Palmetto Bay Votes overwhelmingly in favor of incorporation.  Over 47% voter turnout.  Over 81% vote in favor of incorporation.

                        WRITING THE VILLAGE CHARTER

A charter Committee was appointed by Commissioners Sorenson.  5 members were appointed:

            Edward Ludovici, elected chair of the Commission by his peers,

            Tom Ringle, elected vice-chair

            Paul Schwep

            Mary Cagle

            Steve Yenzer

Edward Ludovici and Mary Cagle both served on the PBMAC.

The charter was written within the guidelines of the Conceptual Agreement and approved by the Board of County Commissioners.  It was submitted for approval for the electors of Palmetto Bay.

The Charter also provided that the voters could choose between two names at time of election:

                                                Village of Palmetto Bay

                                                            or

                                                Village of Old Cutler

                        CHARTER ELECTION

September 10, 2002: Palmetto Bay voters approve the charter creating the Village Of Palmetto Bay.  Over 81% vote in favor of Charter.  Over 65% vote in favor of the name “Village of Palmetto Bay” over “Village of Old Cutler.”

                        THE 33^RD MUNICIPALITY

A 180 day transition period was set by Village of Palmetto Bay and County Charters following the Charter election.  The important dates included the following:

September 12 - 13, 2002: Qualifying period for candidates for Village Council ends.  First Council member elected.  District 2 council member Paul Neidhart elected without opposition.

October 5, 2002:        First Election of Village Council.  Mayor and Council 1 member elected.  Vice-Mayor and Council 3 seats go to run-off elections.

November 7, 2002:    Election of initial Village Council complete.  First council: 

Eugene Flinn, Jr., Mayor

Linda Robinson, Vice-Mayor

Dr. Ed Feller, Council District 1

Paul Neidhart, Council District 2

John Breder, Council District 3

October 1, 2003:  First full fiscal year of operations for the Village of Palmetto Bay.  Village officially takes over ownership and responsibility of Coral Reef, Perrine and Perrine Wayside Parks.