Challenge accepted. Palmetto Bay’s canal bank erosion: Another glaring example of mayor and council bluster at council meetings – for optics – but without follow up as soon as the meeting ends and the cameras go off.

I received significant inquiries (and challenges) relating to the post of Feb 23, 2022: Palmetto Bay: Indecisiveness. Once again, what's old is now new again, at least in regard to annexation. Once again, history repeats itself. Loss of interest and follow through, failure to keep commitments made, is a habit that the Palmetto Bay government has slipped into since December 2018.

These inquiries/challenges were basically the same, but for the tone, the inquiries being of the nature of: Can you point to any other examples of failing to act after a definitive directive by Mayor Cunningham and Council? 

Challenged accepted!

The short answer is Yes, of course. Examples include the CANAL BANK EROSION issue. Another example of the failure to follow through. Promises made that have not been kept – far from it.

The current mayor and two councils passed not one, but two, nearly identical resolutions directing the Village Attorney to file a lawsuit against the South Florida Water Management District relating to canal bank erosion, trespass and the taking of village property though the erosion of the canals to the point where the easement had eroded and the canal was now running through village property.

So my questions, similar to the prior post relating to annexation, are as follows:

1. What/where was the follow through, where are the updated reports? (But this issue goes further as this is not an intellectual exercise it is one of a real, pressing need):
2. Why hasn’t the directed dispute resolution process been enacted on either of these resolutions?
3. Has the canal erosion ceased?
4. Have the damaged canal banks been restored?

And again, just like with the annexation process, Palmetto Bay Resolution 2020-80, enacted 9/14/2020, makes no reference to the first resolution (Reso 2019-82) enacted 15 months earlier. This council behavior is eerily similar to the annexation issue where this mayor acts like it is being considered for the first time, rather than owing up to the clear fact that nothing has been done in relation to the prior action.

The Delay Counter:

31 months (over 2 ½ years) have passed since Palmetto Bay Resolution 2019-82 (Enacted June 3, 2019)

17 months (nearly a year and a half) have passed since Palmetto Bay Resolution 2020-80 (Enacted September 14, 2020) 

The bottom line: Nothing. I repeat – NOTHING has happened to date, despite the two strongly worded resolutions were enacted promising and actually directing action by Council Charter Officers.

06/03/2019        Palmetto Bay Resolution 2019-82

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING CANAL BANK EROSION, TRESPASS AND TAKINGS BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; DIRECTING THE VILLAGE ATTORNEY TO FILE SUIT AGAINST THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR ALL CAUSES OF ACTION RELATING TO CANAL BANK EROSION, TRESPASS AND TAKING OF PROPERTY BY THE CANAL C-100C PASSING THROUGH CORAL REEF PARK; INITIATING DISPUTE RESOLUTION PROCEDURES PURSUANT TO FLORIDA STATUTE 164.1052(1); AND PROVIDING AN EFFECTIVE DATE.

(Sponsored by Mayor Karyn Cunningham and Co-Sponsored by Councilmember(s) Patrick Fiore, David Singer, and Marsha Matson) (Vote 4-0: Mayor Cunningham: Yes; Vice Mayor DuBois: Absent; Councilmember Fiore: Yes; Councilmember Singer: Yes; Councilmember Matson: Yes)

09/14/2020        Palmetto Bay Resolution 2020-80

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING THE INTRUSION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C-100A CANAL ONTO CORAL REEF PARK AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S REMOVAL OF TREES FROM CORAL REEF PARK, RESULTING IN A TRESPASS AND TAKING BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; DIRECTING THE VILLAGE ATTORNEY TO FILE SUIT AGAINST THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR ALL CAUSES OF ACTION RELATING TO THE TRESPASS ON TO AND THE TAKING OF PROPERTY DUE TO THE CANAL ENCROACHMENT AND REMOVAL OF TREES; INITIATING DISPUTE RESOLUTION PROCEDURES PURSUANT TO SECTION 164.1052(1), FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE.

(Sponsored by Mayor Karyn Cunningham) (Vote 5-0): Mayor Cunningham: Yes; Vice Mayor DuBois: Yes; Councilmember Fiore: Yes; Councilmember Singer: Yes; Councilmember Matson: Yes)

 The specifics:

RESOLVED BY THE VILLAGE  OF PALMETTO BAY, FLORIDA, THAT:
Section 1.
(1) Lawsuit Against South Florida Water Management District.
              (a) The Village Attorney, in coordination with the Village Manager, is hereby authorized and directed to file suit against the South Florida Water Management District for the canal bank erosion of canal C- 100C, which illegally intrudes upon, trespasses upon, and takes property within Coral Reef Park not owned by the District.
              (b) The Village Attorney is authorized to include in such lawsuit any and all legal claims, whether or not otherwise identifies herein.
(2) Dispute Resolution Procedures.
              (a) In so far as Florida law requires participation in dispute resolution procedures prior to the filing of a lawsuit by a Florida governmental entity against another Florida governmental entity (e.g., Fla. Statute 164.1041 to 164.1065), the Village Attorney, in coordination with the Village Manager, is authorized and directed to engage in such dispute resolution procedures prior to filing the lawsuit otherwise authorized herein.
              (b) Consistent with Village Charter section 2.1, the Village Attorney, in coordination with the Village Manager, may invite the attendance of the Village Mayor at any dispute resolution meetings with the District.
(3) Official Initiation of Dispute Resolution by the Village Council in Accordance with Fla. Statute 164.1052(1). This Resolution shall be considered the initiation of the dispute resolution process by the Village Council pursuant to Fla Statute 164.1052(1). As provided by the statute, the Village Council hereby states as follows: “It is the intention of the governing body to initiate the conflict resolution procedures provided by this act prior to initiating court proceedings”.
***   ***   ***
(Remainder omitted by available through reading a copy of the complete resolution CLICK HERE)

RESULT - Bold promises made, but not kept (nor have the issues been resolved through any alternative means.