This is troubling. No updated instructions were provided to the Village Attorney, at least publicly, and it takes the full council to direct the attorney (it must be done in compliance with the Florida Sunshine and public records laws). Mayor Cunningham swore under oath (see the verification page), on page 6 of the 6 page complaint for injunctive relief (CLICK HERE), (in numbered paragraphs 16 and 17, page 3 of 6), that:
16. The Village is entitled to an injunction to prevent the County or any other party from removing the Additional Stop Signs without the installation or provision of an alternate safety measure at the Dangerous Intersection.
17. The Village and its residents will continue to suffer irreparable injury - including, but not limited to personal injury - as a result of the County's removal of the Additional Stop Signs without the installation or provision of an alternate safety measure at the Dangerous Intersection.
So, FAIR QUESTION: has the Village now backed off the claims Mayor Cunningham swore to under oath above? Or has the Village Council determined that the "Do Not Block the Box" paint job (and signs) constitute "installation or provision of an alternate safety measure at the Dangerous Intersection"?
The public was not advised of any update on 1/6, so there appears to be no decision made, or at least announced, in accordance with the Florida Sunshine Law. And last night was a properly noticed council meeting, so I personally don't see how there would be a sudden need to call an 'emergency council meeting' before the 17th, when the signs are removed when this Village Council avoided discussing it at the January 6, 2020, meeting.
There appears to be a total breakdown in litigation management as well as this Village Council attempting to manage traffic. I remarked on this in a much earlier post, about this council seemingly willing to abdicate its responsibility. PAST POSTS have discussed the buzz around the village is whether the current Mayor and council overstepped their authority in reaching a formal agreement with Miami-Dade County, through the Department of Transportation and Public Works (DTPW) without bringing the proposal back to the residents. It is a fair question as others have wondered whether this lawsuit is an abject 'abdication of responsibility' of the responsibility of their elected office as spelled out in the Village Charter for Mayor Cunningham and the entire Village Council to maintain civility, communication and advocate for Palmetto Bay with Miami-Dade County.
This has not gone unnoticed. Look no further than the December 30, 2019, letter itself. It was addressed solely to the Public Services Director of Palmetto Bay and copied to various Country, but not Palmetto Bay officials. This is significant in my opinion.
I have posted a photos taken from actual intersections (Red Road in Coral Gables) demonstrating what we can expect SW 87th Avenue at 174th Street to look and function like, according to the notification provided in this letter, see December 12, 2019, 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.
Partial tool box on this issue - the relevant prior posts:
See December 5, 2019, Meeting noticed: Conflict Assessment Meeting set in Village of Palmetto Bay vs. Miami-Dade County, Florida, for 2:00 PM, Thursday, December 12, 2019, at Village Hall, as well as:
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?
We all are waiting to see how this plays out. We could have at least had a traffic circle, funded by Miami-Dade County. We will now, as things stand now, have the "Do Not Block The Box" paint. Hardly as effective, but that is just my opinion.