Palmetto Bay council members have taken a step toward ending the remaining litigation with Palmer Trinity School.
In a Monday-night meeting that ran past midnight, the council voted 3-2 to accept a settlement drafted by the private school’s attorneys.
“We’ve got to focus on the future of this village,” said Councilman Tim Schaffer, who voted for the agreement. “Do we put the potential future of this village in the hands of courts or do we go ahead and accept their offer and accept their olive branch that they’ve put forth that they are going to work with the village?“
Palmer Trinity and Palmetto Bay have been engaged in legal battles for five years. It started in 2008 when the school sued the village after the council did not approve a rezoning request for a 32-acre plot Palmer purchased with hopes of expansion. After losing two appeals, the Village Council approved the rezoning for Palmer’s vacant land adjacent to its current campus at 7900 SW 176th St. and allowed an increase of student enrollment from 600 to 1,150. The school is surrounded by a residential neighborhood.
The settlement places milder terms on the school compared to the council’s previous decisions. For example, the school will be allowed to have lights on its athletic fields, although the lights will have to be directed entirely onto the school’s property, and will have to be shut off by 8:30 p.m.
“This settlement is garbage,” said village resident Bev Gerald at the meeting before the council’s vote. “They know we want to move forward. But it’s like saying this is a take it or leave it deal and this is an insult to our residents.”
But Palmer’s attorney Stanley Price said the approved settlement was not a “take it or leave it deal.”
The school will work with village residents and council to change the settlement’s terms so that a happy medium is achieved between the school and its neighbors, he told the Miami Herald.
“We are not going to go door to door. We are going to ask the mayor to identify groups in the community, and we are going to have an outreach program,” he said.
Village Attorney Eve Boutsis said that the next step is the drafting of a more detailed settlement in a development agreement, by the parties’ attorneys.
“This settlement is basic concepts that then have to be put into detail in a development agreement. The basic concepts will be the same but there will be a lot more detail and modifications in the document,” Boutsis told the Herald.
Then, the development agreement would go to a public hearing, and, if it is approved, Palmer would come back for a quasi-judicial hearing asking for council’s approval of expansion plans based on the conditions outlined in the detailed development agreement, said Boutsis.
“The development settlement agreement would be contingent upon what happens at the quasi-judicial hearing,” she said during the meeting.
“Hopefully a settlement will be reached that will preserve the livability in the community,” said Councilwoman Joan Lindsay after the meeting. She represents the part of the village in which the school is located.
Lindsay and Mayor Shelley Stanczyk were the two dissenting voices Monday night, voting against approving the settlement.