Looking for a sign: neighborhood end of year report - this street seems to fail to qualify for the "street by street" program. It is now more than 2 months to fix a sign for this neighborhood that seems to lack the requisite political connections.

There is no sign of the street sign in the neighborhood. Thankfully the neighbors can rely upon WAZE to direct vehicles through their neighborhood; they have no need for actual signs (sarcasm). This is a situation created on or about October 31, 2019, when a street sign had to be removed by a work crew in order to move heavy equipment into the neighborhood to replace power poles, so this situation was not a secret to the Village. Background information can be found in a PRIOR RELATED POST of December 20, 2019, Public services for some. Perhaps there is a political order. Friends and allies first? 

Who has the missing sign?

I was provided with an end of the year update on the sign as I was curious whether this sign would be fixed before the end of the year. The situation has deteriorated. First one sign went missing, I was advised that both signs are now missing. We are not sure both were taken back (each on a separate date) to a workshop for repair (replacements parts were readily available at one time in the past) or if the (for Star Wars fans:) The JAWA came by and took the sign for scrap. Perhaps the poles where needed for a neighborhood with greater political pull. 

Here is the end of the year report from the affected neighbor: "Sign still MIA, but at least the Home Depot box was replaced with a traffic cone. Maybe we can get (REDACTED) to write the street numbers on the cone with a Sharpie"

IMPORTANT QUESTION: Does this situation reveal that public works is no longer being properly funded to allow for the same level of service (quick response) once available here in the Village of Palmetto Bay?

At the very least, this is another not-so-shining example of what happens when you remove village operations from the Manager and Staff and create a process where it becomes political. It becomes more important to make a 'bid splash' for the photo ops than making sure our 'quiet residents' are taken care of in a timely manner.

The 'Street by street' should be an end of this current Mayor and Council scapegoating the manager and staff as now the council is directing provision of services. They own it.

Non-political public services means priorities are established as to what needs done, regardless of location, regardless of political donations or other in-kind support to elected officials.

Politicizing public services means its more likely for our elected officials to see that those who will send praise out on social media get served first, even if that means the quiet residents have to wait longer.

Post update - 3:50 PM - the post is live for barely 20 minutes when I received the following photos demonstrating damage to the homeowner swales caused by traffic which the neighbor relates to the missing sign (no object present to alert or to avoid). The exact statement was: "Without a street sign, people seem to be running off the street. This is the other corner. 148st/74pl."

The red circle was added by the contributor to the photo above to mark where the Street Sign once existed.

CONCLUSION: Let’s get the sign (now plural - signs) fixed/restored. The neighborhood remains incomplete, the cost has already gone up due to either loss or damage to the sign and this neighborhood pays the same taxes (higher in 2019) as all other neighborhood, so please put politics aside and address the signage issue 2 months is months too long.

Don't forget about your pets. Prepare them for the New Year's celebration.

The SW 136th Street Plans are posted for your review. Currently your only source to view as Palmetto Bay officials continue to fail to post these documents

Here is a link to the current plans for the SW 136th Street Road Project. These drawings are not mere proposals, they are the working plans for the improvements. 

CLICK HERE to download and view the detailed plans (105 pages). Included in the plans are:

• landscaping plans (note the difference between the extent of the landscaping planned for the Pinecrest side versus Palmetto Bay.
• Placement of the meandering multi-path.
• Utilities

Fair Question: Which Palmetto Bay residents had any input in this project subsequent to December 5, 2018?

I requested a public town hall meeting including voicing concern back on November 8th (Time is past due for a Public Meeting to engage and update residents regarding the SW 136th Street Project) when those requests continued to be ignored. Deadlines are running. It is more than strange that Pinecrest had their meeting on December 18, but Palmetto Bay's has been put off until mere weeks prior to the proposed design deadline of February, far too late to have any significant impact on this project.  I provided an update of the Pinecrest meeting back on December 20, 2019.

Why are Palmetto Bay's current elected officials not promoting public participation in this project? What is wrong to give those living along 136th street a voice?

More areas are available to view through downloading the complete 105 page document

The sad facts about the lack of transparency regarding this project:

Transparency and public involvement matters to those Elected Officials who want their fellow residents to trust their government. Residents should be able to expect transparency from their elected officials.

The time is long past due for our elected officials to update and involve our fellow Palmetto Bay residents on the Howard Drive "bike lane" project.  As background, please review  a PRIOR RELATED POST of January 25, 2017: Update on the 136 improvement meeting held at Howard Drive Elementary & Temporary Traffic Tables coming to Farmers Road during County Pilot Program. Significant information was provided then and an update is long overdue, especially as the wheels appear to have come off the tracks for this project.  Transparency counts.

People who feared loss of trees for a simple bike lane will now face a much greater impact from a 10 foot 'multi-use path' (a/k/a a MEGA sidewalk) in front of their homes (OK, I understand that the MEGA sidewalk may be reduced a 'mere' 8 feet in some sections). Regardless, there will be much less room to park without violating the ADA by parking on a sidewalk. There will be significantly less room for trees. 

I am waiting to see how this MEGA sidewalk impacts the 136th Street student drop off in front of Howard Drive Elementary.  We need answers.

What happened to this project?  Other important questions include: 

• Did any of our village council members work to change out the agreed to bike lanes to a 10 foot MEGA path placed solely on the Palmetto Bay side? And, if so, why wasn't the public updated. 
• Or were they caught unaware? 
• Why weren't our residents consulted in advance of this major change, did our representatives not know, or do their voices not matter?
• Is the MEGA path a 'done deal' or can our residents still have input? 
• Which residents were provided inside knowledge and if so, why were other concerned residents neither not invited to meetings or at least provided a timely update?

And still, the current Palmetto Bay Mayor and other officials still remain unaware, or unwilling, to update the facts of the project as the Village Website continues to incorrectly mislead the readers that the "136th St. Improvement Project remains as follows (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.
(this is how the web notice read as of 10:00 PM, Sunday, December 29, 2019)

CLICK HERE if you want to see if the website has been altered as a result of this blog post.

Why is the above information important? See PRIOR RELATED POSTS and other background information including:

The Best Meteor Showers in 2020 - Sky & Telescope

Things are, ahem, 'looking up' for 2020, see online article Sky & Telepscope. The Best Meteor Showers in 2020 - Sky & Telescope: Sky & Telescope predicts that the three best meteor showers — the Quadrantids, Perseids and Geminids — will all have strong showings this year.

Credit:Getty Images

This article provides outstanding information as to what is a meteor as well as how best to enjoy a meteor shower.

POD Christmas Day in Acton, MA - Photos by Mark Merwitzer.

Christmas Day in Acton (MA) -  Photos by Mark Merwitzer.

The community Owl, keeping an eye on a family gathering in Acton Massachusetts.

Acton Massachusetts according to Wikipedia:  Acton is a town in Middlesex County, Massachusetts, United States, approximately twenty-one miles west-northwest of Boston along Route 2 west of Concord and about ten miles southwest of Lowell. The population was 21,929 at the 2010 census.

Acton sounds similar to Palmetto Bay Florida in size, but much colder.

Thank you Mark Merwitzer for the photos.

MERRY CHRISTMAS - HAPPY HANUKKAH

Merry Christmas - 2019 - remembering the Christmas Truce in WWI - read History dot com account

Christmas Time - a time for a little truce and ponder the true meaning of Christmas.

One of my favorite Christmas events still remembered - Christmas in wartime - leading to the brief respite that came to be know as the Christmas truce. 

Read the full account on History.com: Christmas Truce of 1914

On December 7, 1914, Pope Benedict XV suggested a temporary hiatus of the war for the celebration of Christmas. The warring countries refused to create any official cease-fire, but on Christmas the soldiers in the trenches declared their own unofficial truce.

At the first light of dawn on Christmas Day, some German soldiers emerged from their trenches and approached the Allied lines across no-man’s-land, calling out “Merry Christmas” in their enemies’ native tongues. At first, the Allied soldiers feared it was a trick, but seeing the Germans unarmed they climbed out of their trenches and shook hands with the enemy soldiers. The men exchanged presents of cigarettes and plum puddings and sang carols and songs. There was even a documented case of soldiers from opposing sides playing a good-natured game of soccer.

Some soldiers used this short-lived ceasefire for a more somber task: the retrieval of the bodies of fellow combatants who had fallen within the no-man’s land between the lines.

The so-called Christmas Truce of 1914 came only five months after the outbreak of war in Europe and was one of the last examples of the outdated notion of chivalry between enemies in warfare. It was never repeated—future attempts at holiday ceasefires were quashed by officers’ threats of disciplinary action—but it served as heartening proof, however brief, that beneath the brutal clash of weapons, the soldiers’ essential humanity endured.

Info above taken verbatim from History.Com

Photo: “1914 Christmas Truce Monument, Messine.”

Bing Crosby & David Bowie - "The Little Drummer Boy (Peace On Earth)"

David Bowie and Bing Crosby - who saw this duet coming?

Merry Christmas

You're a Mean One Mr. Grinch, Original Version - 1966 (HD) (Song excerpt, not entire movie)

Memories - it is simply not the Christmas season without watching the original animated classic.

Happy Holidays! Merry Christmas.

Lyrics and copyright information included in the full video post on YouTube

Public services for some. Perhaps there is a political order. Friends and allies first?

From a friend:

Photo taken 12-2-2019

During the campaign of Mayor Cunningham, one of the items she made a big deal of was her “Street by Street Initiative.”  So far, all I see out of this initiative is an opportunity for our mayor to have taken another selfie.

Since October 31st, when FPL came by and removed the street signs in order to completely kill the property values of a few homes in Palmetto Bay by putting huge power poles practically in the yards of my neighbors, the signs have not been replaced. Even with several calls to the Village Public Works Department, the signs are missing, or laying on the ground.

So far, the only things I have seen happen is for a crew to come by about two weeks ago and decide to leave one of the signs on the ground, and take the other away.

After a month and a half, the corners of SW 148 St/SW 75 Ave and SW 148 St/74 Place are still without street signs.  I know that the crew that came by took one of the signs because they said it was damaged and in need of repair.  I don’t know what this would have to do with the other street sign that is still laying on the ground.

I am not impressed.
(UNSIGNED)

EDITOR’S NOTE: The statement I posted above was sent to me by a FOSDU, but the person asked to remain anonymous. This post stands out to me for two reason, the first is the difference between actual service levels most receive from that presented on village controlled social media.

The second is this is what happens when you remove village operations from the Manager and Staff and create a process where it becomes political. It becomes more important to make a 'bid splash' for the photo ops than making sure our 'quiet residents' are taken care of in a timely manner.

The 'Street by street' should be an end of this current Mayor and Council scapegoating the manager and staff as now the council is directing provision of services. They own it.

Non-political public services means priorities are established as to what needs done, regardless of location.

Politicizing public services means its more likely for our elected officials to see that those who will send praise out on social media get served first, even if that means the quiet residents have to wait longer.

How has the process been going? Information is being carefully controlled in Palmetto Bay. It started with the current Mayor and council placing the shade down over transparency by removing agendas, minutes, full resolutions from the website that actually documents what is going on in the Village, how tax dollars are being spent.

The next step that followed was replacing that information with the self-promotion and carefully crafted controlled information – some might call propaganda.  

And that, my friends, is where the term 'selfies over substance' came about and we certainly saw evidence of that at the most recent State of the Village Address.

And finally, why do some areas seem to receive all the attention at the expense of others? The answer is obvious, services based upon political favoritism, rather than professional management.

Let's get those signs reinstalled. They weren't cheap. Someone may have an accident, either through inability to know their precise location or possibly even running into the signs.The manager and staff would have had it done long ago, but they probably don't have time to go off list (or possibility the authority to go off list). 

IMHO 

136th Street Questions: When did Palmetto Bay leaders agree to the MEGA multi-path? A question of transparency.

Or, is it as simple as Pinecrest and Miami-Dade County are having their way with the current elected officials of Palmetto Bay, so our officials quietly fold and allow things to happen rather than attempting an advocacy on behalf of their residents the current mayor and Council know they can't prevail. 

Multiple resolutions were passed both under my administration as well as under current Mayor Cunningham for a shared project. Unfortunately a shade has been pulled down over the transparency that existed prior to December 2019, when significant information, most notably the resolutions and past minutes that were removed from public access on the website. 

I can no longer research for myself. I have to ask how did we get to our current Palmetto Bay leaders agree to a 10 foot wide MEGA multi-use path solely on the Palmetto Bay side. See the post immediately below for more details and background links.

It was not long ago, February of 2019, when this current mayor and council took the following action in once again, approving BIKE LANES:

Now that money appears to be diverted to a much different project. Now, unless people speak up, the Palmetto Bay side of SW 136th Street risks looking like:

• Is this the future vision for Palmetto Bay?
• When and why was this project changed without a public hearing on the matter?
• Have any objections, or even inquiries been made to either RJ Behar and Co, Inc., or to Miami-Dade County as to the change?
• Did I miss a Palmetto Bay resolution approving this  MEGA multi-path?
• Why is the information not being put out to the Palmetto Bay public?

There are more questions, but I don't want to overwhelm this council at this time.

I'd like some answers, but I am certainly not holding my breath waiting for any.

Update on SW 136th Street Project – Miami-Dade County Info Sheet currently received at homes near 136th Street regarding the project. I am filling in details not provided in that document. Background and other resources.

This image of the 136th project information sheet was forwarded to me this afternoon (12-18-2019) by a FOSDU.

There is an official informational meeting for Palmetto Bay residents, but not until Tuesday, January 28th at 7 PM, at Village Hall, 9705 Hibiscus Street. This is less than three weeks before the final design for the MEGA sidewalk project, February 14, 2020.

Concerned residents need to attend this meeting in order to have any impact on this project.

This is a $1,900,000.00 project (anticipated) 

This info sheet also confirms that the Final Plan Date is February 14, 2020.

Why is the above information important? See PRIOR RELATED POSTS and other background information including:

December 13, 2019, SW 136th Street Project update - Pinecrest Meeting held December 11, 2019. Here is the report I received.

I have uploaded (former) Item 10E from the February 4, 2019, agenda setting the scope (details) for this project. Note the differences between what was contained in the Staff Report (remember when those were made available to the public?) and the current MEGA sidewalk. This is a 31 page document relating to this issue I will be discussing at a later date. Please consider this part of your SW 136 Street Improvement 'tool box' for now. (CLICK HERE) to download and view.

The Joint Agreement with Miami-Dade County and Palmetto Bay - specifically resolution 2018-47.  And once again, please note - neither of these documents appear to be available online on the official Village of Palmetto Bay web site, but you can find it here as it is posted to my Googledrive. (CLICK HERE) to view this Miami-Dade County Memorandum of October 23, 2018 (17 pages). This County Memo includes Palmetto Bay Resolution 2017-47 (contained on the last two pages, at pages 17-18 of the 17 page document).

January 13, 2019, Taking a close look. A ten foot multi-use path proposed for around Palmetto Bay by a member of the Village Council - here is how it might look. Actual photos of a similar, if not identical design. Offering some Pros & Cons

January 25, 2017: Update on the 136 improvement meeting held at Howard Drive Elementary& Temporary Traffic Tables coming to Farmers Road during County PilotProgram.

October 30, 2019, Pinecrest Wins, Palmetto Bay loses. Pinecrest Council discusses material changes to 136 St Bike Lane. Palmetto Bay may be home to a 10 foot MEGA sidewalk instead of a shared project.

Trans-Siberian Orchestra -- Piano Solo, Linus and Lucy, Beethoven in Phi...

More Christmas time music.

Peanuts Gang : Christmas Song "Linus & Lucy"

It is that time of year. Time to lighten up and get into the holiday season. An all time classic.

Who doesn't tune in each year to watch the Peanuts Christmas classic?

SW 136th Street Project update - Pinecrest Meeting held December 11, 2019. Here is the report I received:

Meeting update. The Pinecrest meeting was held as scheduled. Over 20 people were in attendance, some were Palmetto Bay residents. Pinecrest officials were there. I am told that Palmetto  Bay was represented by District 3 Council Member Marsha Matson, who is advocating for a mega sidewalk for all of Palmetto Bay. [see a PRIOR RELATED POST of October 29, 2019, Foreshadowing - for now, please review the Palmetto Bay Path conceptual Plan proposed by Marsha Matson, Palmetto Bay Councilmember, District 3, March18, 2019. Please review the Palmetto Bay Path conceptual Plan proposed by Marsha Matson, Palmetto Bay Council Member, District 3, March 18, 2019. (CLICK HERE) to download and view this 23 page document.]

Will this be the future for the Palmetto Bay side of 136 Street?

The December 11th presentation to Pinecrest confirmed that the promised bike lanes (the original project) has been off the table for some time, replaced by the MEGA sidewalk which will be installed solely on the Palmetto Bay side of SW 136th Street.

Reports were that Council Member Matson was present at this meeting and asked the County representative as to Palmetto Bay's financial contribution to this joint project.  She was advised that Palmetto Bay is contributing $500,000.00 to this project. Pinecrest is contributing $1.3 million ($1 million of which is from a single grant). The County rep did not provide a total for the fiscal participation of Miami-Dade County, but it is safe to assume that the County payment is “the rest”. This is a project that will cost at least $2.0 million.

There is some opposition among Pinecrest Council (at least one member) who is uncomfortable with Pinecrest putting in $1.3 million for a project that will be placed completely across the street, solely on the Palmetto Bay side, but one view is that the money is worth it not to have the Pinecrest right of way taken up by a sidewalk up to 10’ wide. Pinecrest may be putting up $1.3 million, but Palmetto Bay is also participating in the surrender of the public right of way in front of the homes of Palmetto Bay residents in addition to the $500,000.00. There is significant value to the land.

The official meeting for Palmetto Bay residents remains set for Tuesday, January 28th at 7 PM, at the Village Hall, 9705 Hibiscus Street. (Note that I was told that the date for completion of the final design for the MEGA sidewalk project is alleged to be February 14, 2020). See PRIOR RELATED POST of December 4, 2019, SW 136th Street Project update - two meetings separating Pinecrest and Palmetto Bay residents. Palmetto Bay meeting is set less than 3 weeks from final design for more background information relating to the meetings.

I will keep you updated.  Please note that the Palmetto Bay website remains putting out erroneous information. 

LACK OF TRANSPARENCY WARNING: Incredible. Obsolete information continues to be published on the official village website (CLICK HERE) - note the information is as posted on December 13, 2019, 5:00 PM.

136th St. Improvement ProjectThis 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.

This rendering no longer represents the project as currently proposed

This information is clearly inaccurate and has been inaccurate for several months. Palmetto Bay officials have a duty to keep their information up to date and accurate.

Here are additional links to relevant PRIOR POSTS, including:

I have uploaded (former) Item 10E from the February 4, 2019, agenda setting the scope (details) for this project. Note the differences between what was contained in the Staff Report (remember when those were made available to the public?) and the current MEGA sidewalk. This is a 31 page document relating to this issue I will be discussing at a later date. Please consider this part of your SW 136 Street Improvement 'tool box' for now. (CLICK HERE) to download and view.

The Joint Agreement with Miami-Dade County and Palmetto Bay - specifically resolution 2018-47.  And once again, please note - neither of these documents appear to be available online on the official Village of Palmetto Bay web site, but you can find it here as it is posted to my Googledrive. (CLICK HERE) to view this Miami-Dade County Memorandum of October 23, 2018 (17 pages). This County Memo includes Palmetto Bay Resolution 2017-47 (contained on the last two pages, at pages 17-18 of the 17 page document).

January 13, 2019, Taking a close look. A ten foot multi-use path proposed for around Palmetto Bay by a member of the Village Council - here is how it might look. Actual photos of a similar, if not identical design. Offering some Pros & Cons

January 25, 2017: Update on the 136 improvement meeting held at Howard Drive Elementary& Temporary Traffic Tables coming to Farmers Road during County PilotProgram.

October 30, 2019, Pinecrest Wins, Palmetto Bay loses. Pinecrest Council discusses materialchanges to 136 St Bike Lane. Palmetto Bay may be home to a 10 foot MEGAsidewalk instead of a shared project.

How did the Village fare at the Conflict Resolution/Mediation meeting held 12/12/19? I am providing photos of a 'Do Not Block" intersection.

I am still looking for/waiting on additional reports relating to the Conflict Resolution meeting held between Miami-Dade County and Palmetto Bay officials on Thursday, December 12, 2019. I am told the video will be interesting. This meeting was held at a time when impacted residents would need to take time off from work to attend. 

Reports to date indicate that there was no movement, only the county digging the government heals in deeper. It is either traffic circle or simply paint “do not block” in the intersection at this point. This does not bode well for the other areas that are waiting for implementation of their traffic modifications. 

So much for the art of negotiation. Is there no one on the Palmetto Bay team with any basic negotiation skills? Don’t host the match if you are not (or you are ill) prepared to play the game. I could offer the basic rules for negotiation, but I fear it would continue to be ignored. 

Alice N. Bravo, P.E., Director of the of the Department of Transportation and Public Works (DTPW) led the team from Miami-Dade County. Obviously the Miami-Dade County team was well-prepared for this meeting. It showed. Point Miami-Dade County (possibly even 'checkmate').

Here is the short version, cutting to the chase as to what was offered at this meeting:

Miami-Dade County officials offered to do 1 of 2 things:

1.  Remove the stop signs and paint a "do not block" (the "box") at the intersection, (see posted pictures for an example) or 

2.  Miami-Dade County will fund and install a traffic circle at 174 and 87th Avenue. 

We all  are familiar with the Traffic Circles. But most are unfamiliar with what an intersection looks like with the "do not block" painted within it. I am posting photos that I took of such an intersection. 

FAIR QUESTION: How do our village officials feel their aggressive negotiation through threats and litigation is proceeding, is it effective so far?  Does Mayor Cunningham feel that this process will provide the results worth the probable negative impact on joint projects planned for other areas of Palmetto Bay?  Will we need to litigate all these projects?

The sample pictured are of an intersection along Red Road near the University of Miami in Coral Gables. 

I am told that the village rejected both items and indicated that it will move forward on their legal/administrative remedies. 

PRIOR RELATED POST: See December 10, 2019, Agenda for the Conflict Resolution/Mediation set for 2:00 PM, Thursday, 12/12/19. Agenda includes public comment. Should you/must you go to state your position. Fair questions in advance.

Additional updates will follow as information becomes available. Also see prior posts of:

October 25, 2019, Thoughts on the most recent litigation FILED by the village: Good faith or is this a less than good faith attempt to avoid a deal that the Mayor and Council had no authority to make?

October 17, 2018, Update on Palmetto Bay Traffic Projects - and further updates will be posted as available

December 6, 2019, Are we reaching the end game? What is the strategy and what is the long term goal of the current Mayor and Village Council Members? Fire by volley.

Did Palmetto Bay Council pass a noise ordinance with no intention of enforcing it against itself?

Seriously? This might be funny if it wasn't so pathetic -as well as such a political tease - to take action promising one thing, but showing that the "results" are nothing but an illusion. Mayor Cunningham pats herself on her back for passing a more restrictive noise ordinance that specifically removed any exemptions for government functions. It is easy to put laws on the books, but the issue is always enforcement.

First of all, a noise ordinance should not be necessary for the Village Government as the government should always be considerate toward the neighbors; it should be able to keep its own house in order without actually writing itself a ticket (and besides, the big joke is whether the village writes itself and then pays itself for the ticket - taxpayer money, simply shifting funds from one account back into another village account).

But, secondly, and more importantly, the ink is not even dry on the ordinance and this Village was in the face of neighbors with substantial violations. I received this email the morning of December 11, 2019:

The following is an email I sent to the council and administration in regards to how the "neighbors", commercial and residential, around the Franjo Project are being abused, as well as some obvious SAFETY ISSUES for the "DUV Neighborhood" being "created", including the village hall property "negatively impacted" too.  To date, I have gotten no response and/or acknowledgements of my email.

"Enforcement" is always the problem with rules/contracts.  Somebody has to be involved, "monitoring" the situation for compliance.  A great example (besides the VERY OBVIOUS ABUSIVE FRANJO PROJECT out of control) was both the Friday and Saturday PBay Christmas Lights events "for a few" at Village Hall where the new "institution/gov sound ordinance with lower DB restrictions" passed just prior to the events, and was "ignored" by those "officials and staffers present" there.  I heard the music and announcements 4 blocks away on 98 Ave and 182 Street, and even further away southeast at 94 Ave and 183 Street later on, I could hear/feel the music while still in my car with windows closed there!!!  My friend told me she hears the events all the time.  I usually try to leave my house when the music starts.  July 4th is ridiculous!!!

Maybe IF "everyone" had to LIVE IN/WITH THE NEGATIVE IMPACTS, then maybe it would be a "priority"?  As everyone can 'see', "Neighborhood Protection" is NOT a "priority" in Palmetto Bay...    

After reading the above I have several thoughts: 

First of all, why is this current Mayor and Village Council allowing the Village to be a bad neighbor? Why won't the Village quiet its own party when it is brought to the attention of village officials?

Secondly, obviously this Mayor and Village Council take a "do as we say, not as we do" approach to government?

Third, what about the annual Independence Day fireworks celebration? The noise ordinance does not provide an exception for this event. Will Mayor Cunningham and the Village Council work to amend this ordinance to make the fireworks show legal (which would require no spill over of noise off governmental property greater than 60 decibels before 11 PM and 55 decibels after 11 PM - a challenge for fireworks shows) or will it simply thumb their nose at their own law, while enforcing against those who are not friends of this administration?

Why did this village pass a noise ordinance it has no intention of complying with? It sets a tone for a culture of ignoring laws.

GREAT IDEA - BUT ONCE AGAIN, IT IS ALL FOR SHOW, NO DELIVERY.

Why this ordinance? As stated in the recitals of the proposed ordinance (CLICK HERE to view the entire Agenda Item 12A, as published to the 12/2/2019 regular council meeting agenda):

WHEREAS, noise levels at public facilities and institutional uses are causing disruption to neighbors; and

WHEREAS, the Village has the general police power to regulate such noises in the public interest. 

Public Facilities    7:00 am to 11:00 pm  65  60

and Institutional 11:00 pm to  7:00 pm  60  55

The revised ordinance took effect on December 2, 2019, so it was in effect at the time this event was held. The Village passed it, so the village officials clearly had notice of their own law that they themselves passed (wouldn't it be funny if they claimed ignorance of their own ordinance?) However, lets be clear, the noise reduction was only reduced by a mere (but important to many) 5 decibels. From the information provided in the e-mail, it would appear that this event was well above both the revised and original permitted decibel level.

FAIR QUESTIONS: Where is the enforcement? And how do we track enforcement?

Another small bite update in the LUXCOM case. LUXCOM’S Motion for continuance GRANTED. The LUXCOM case has been rescheduled for final hearing on January 29 through 31, 2020, beginning at 9:00 a.m., at the Palmetto Bay Village Hall.

LUXCOM’S Motion for continuance was GRANTED on Wednesday, December 11, 2019. The LUXCOM case has been rescheduled for final hearing on January 29 through 31, 2020, beginning at 9:00 a.m., at the Palmetto Bay Village Hall.

CLICK HERE to view the motion of LUXCOM for this continuance.

CLICK HERE to view the response filed by the Village of Palmetto Bay.

CLICK HERE to view LUXCOM'S Reply in Further Support of Petitioner's Motion for Continuance & Re-Scheduling of Final Hearing for Thirty (30) Days

CLICK HERE to view the Order granting the continuance, rescheduling the final hearing to January 29 through 31, 2020, beginning at 9:00 a.m., at the Palmetto Bay Village Hall.

IMPACT: Those setting aside the December dates to watch the hearing now need to find other things to do and now must set aside January 29-31, 2020. I was waiting for the Pre Hearing Stipulation to be filing. The date for the filing will now be pushed back even later that the 12/12 date.

PRIOR RELATED POST - Small bite updates on the LUXCOM DOAH litigation. Waiting on the pretrial stip, due date moved to 12/12 and the trial beginning 12/18

Many other updates on this case are available on this blog, CLICK HERE.