“With most of the conditions on the resolution removed, the settlement voted on last night was like signing a blank contract,” said Stanczyk in an email to the Herald. “I am relying on the promises made by Mr. Baiamonte (Chairman of the Board of Palmer) and Mr. Price (Palmer’s attorney) to meet with residents and not only listen to them but incorporate the conditions that the residents feel are important to the future livability of our community.”
The decision to move toward a settlement with Palmer was not much consolation to village resident Stanley Kaplan, 77.
“After so many years we are no closer to resolving it even with this vote tonight,” he said, adding that the litigation will soon circle back to the courts.
Part of the settlement approved Monday night says that if a third party challenges the agreement, the settlement will be terminated. And, Kaplan added, he expects that there will be a challenge.
The approved settlement does not include several other defendants in the Palmer litigation, including a residents’ group, Concerned Citizens of Old Cutler, Inc., which voluntarily joined the village as a defendant to support elected officials in their fight against Palmer’s expansion.
“There can be no settlement with CCOCI without addressing the resolution’s conditions, which were crafted by village staff,” said the group’s attorney Tucker Gibbs during the meeting. “My clients are adamant that these protections remain in place.”
Also still on the hook: Councilwoman Lindsay.
“Both claims against her are still pending and meritless, and she anticipates prevailing in a lawsuit that can be characterized as a spite,” said her attorney Benedict Kuehne, adding that the remaining claims against Lindsay are conspiracy and spoliation, or the intentional destruction of evidence, in this case emails.
In other decisions action on Monday, the council voted unanimously to approve:
• An education compact between Palmetto Bay and the Miami-Dade County School Board creating a partnership between the two entities that will provide more opportunities for students in the village. The four main parts of the agreement are student achievement, community involvement, better facilities and communication. The school board has been forming such education compacts with other Miami-Dade County municipalities.
• A bid award to a Pompano Beach-based tennis court construction company, Fast-Dry Courts, for tennis and racquetball court resurfacing in the village. The company was the second-lowest bidder at about $36,300. The village did not choose the lowest bidder because the organization turned in an incomplete application and there were issues with a previous resurfacing job it did for the village, according to village staff.
• A bid award to a Palmetto Bay tree and landscape company, Tip-Top Enterprises, for a landscape maintenance contract for about $71,200. Tip-Top was the lowest bidder.
• A bid award to asphalt-paving company H&J Asphalt to resurface parking lots at a village park. The company was the lowest bidder at $84,200
The rest of the agenda items were rescheduled for 7 p.m. Sept. 17 at Village Hall, 9705 E Hibiscus St.