Tuesday, 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.

Conflict resolution scheduled for Thursday, 12/12/2019 - 2:00 PM.  This is a court ordered event - a mediation, usually held between the parties to resolve a legal dispute, rather than a political event open to public comment and debate. The agreed order which set this event in motion was rendered by the Judge on November 18, 2019. This agreed step is actually required under Florida Law. Section 164.0141, Florida Statutes, which places a duty to negotiate and provides under subsection (1) that "If a governmental entity files suit against another governmental entity, court proceedings on the suit shall be abated, by order of the court, until the procedural options of this act have been exhausted."  CLICK HERE to review the complete CHAPTER 164, GOVERNMENTAL DISPUTES

It appears that the Village has included Public Comments for this meeting. Are the Mayor and Village Council Members looking for guidance from the public to assist in the negotiations? I ask this as there certainly should have been an open town hall meeting to discuss opens and put together a resolution plan by the Village Attorney and Village Council on behalf of those affected. No such meeting was held and yet there is public comment listed, so does this mean you should take time out to speak or do you risk not having your position considered if you stay silent?

See items #2 and 3 listed on the Agenda:
2.    REQUESTS, PETITIONS AND PUBLIC COMMENTS
3.    MEDIATION BETWEEN THE VILLAGE OF PALMETTO BAY AND MIAMI-DADE COUNTY REPRESENTATIVES REGARDING THE VILLAGE’S VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF REGARDING THE 4-WAY STOP AT THE INTERSECTION OF SW 87TH AVENUE AND SW 174TH STREET LOCATED WITHIN THE VILLAGE
This meeting is scheduled for 2:00 PM, when a large majority of residents (especially the commuting residents) will be at work. 
Fair questions relating to this process: 
  • How will the current Mayor and members of the Village Council handle any conflict in position or advocacy my members of the public in regard to options? 
  • What position will the Village Council take? Who has determined the actual authority for resolving the conflict at this meeting on 12/12?
  • Have the Mayor and Village Council Members accurately gauged the will of those affected or will be affected? Were there polls or emails, are they relying upon a traffic study we can view? If so, those materials should be added to the agenda for all of us to view.
  • What if Miami-Dade County demands that the Village to live up to the deal outlined in the letter promoted by Mayor Cunningham in her e-blasts and her/the Village official social media? (CLICK HERE to read the confirmation letter from MDC DTPW)
  • Is the dedicated right turn lane proposed for the SE corner of the 87/168 Traffic Circle back on the table for implementation, and, if so, who will fund it?
  • Is the 87/174 Traffic Circle back on the table for implementation, and, if so, who will fund it?
  • How can those most affected be assured that their concerns will be brought forward in their absence? 
  • Is Agenda Item #2, a call to residents, advising them that there is no guarantee that their concerns will be articulated by the Village Council if they don't speak?
We will soon see how this all plays out. Here is the meeting agenda for this meeting as published:

I have provided links to some prior posts on this issue to serve as your "tool box" in advance of this meeting.


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?


August 2, 2019, A full update of the Malbrook Traffic and other traffic calming issues - to the extent that the information has been made readily available.

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.


November 20, 2019, Litigation Update. Court approves agreement between Palmetto Bay & Miami-Dade County to stay proceedings pending exhaustion of conflict resolution procedures

I would advise you not to miss out on participating in this meeting.


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