Yesterday, Palmetto Bay officials, including Mayor Karyn Cunningham, Village Attorney John Dellagloria & Special Counsel Gerald Greenberg, Manager Nick Marano, County Attorneys Bruce Libhaber and Annery Alfonso, and Executive Director Aileen Boucle of the Transportation Planning Organization (TPO) held a Conflict Resolution Assessment meeting in the Village Chambers to discuss the issues raised by the Village concerning the County Commission and TPO approvals of the SW 87th Avenue Bridge project. The meeting is part of the Conflict Resolution Act process and a required precursor to litigation between two governmental entities.

Mayor Cunningham opened the meeting thanking everyone for taking the time to be in attendance and explaining that the meeting was a first step in the mediation process with the TPO, similar to the process undertaken with the Board of County Commission (BCC). "This is a perfunctory meeting. It is a first step in conflict resolution with the Transportation Planning Organization", said Mayor Cunningham. The BCC and TPO are two separate entities and both have issued approval of the bridge project.

Following brief introductions, Attorney Greenberg, representing Palmetto Bay, explained the Village's position and what the Village seeks as a resolution. "The village's legal issue focuses more on the actions of the County Commissioners than the TPO.", said Attorney Greenberg explaining that the issue "relates to the method by which the County noticed and approved the resolution that directed the TPO to go forward." The County previously approved the resolution under an emergency policy related to COVID-19 which, according to the Village, was clearly only intended to facilitate the procurement of needed goods and services during the pandemic. As a result, notice of the meeting was given within a short 12-hour timeframe, which does not meet the notice requirements under the law and did not allow sufficient time for residents to comment before the BCC. Additionally, the Village maintains that the appropriation of funding for the bridge project did not follow County rules which require funding to be appropriated through an ordinance and not a resolution. The Village is asking for the TPO, acting in its own capacity as a separate entity from the County, to rescind its resolution authorizing the bridge project.

County Attorney Libhaber argued that the TPO provided sufficient public notice of its meeting when the project was approved and added that the COVID-19 emergency policy does not apply to the TPO's proceedings and was not employed for the approval of the project. According to Attorney Libhaber indicated that those items are therefore not part of the dispute between the Village and the TPO.

Mr. Greenberg reiterated the Village's request of the TPO to revisit the matter for a new vote to repeal its previous action taken to approve the bridge project. Executive Director Boucle indicated that she would take the request back to the TPO Board for further direction.

The next step in the mediation process is to hold a joint meeting with representatives from Miami-Dade County, the Transportation Planning Organization and the Village of Palmetto Bay, since the Village is currently in mediation with both entities. The Conflict Assessment Resolution meeting was concluded pending a response from the TPO Board. Mayor Cunningham closed the meeting by encouraging residents to remain engaged by contacting the TPO Governing Board Members.

Later in the evening, at 7 pm, the Village Council held a Special Council meeting where members of the public gave their input and positions, in person, virtually and by online comments, concerning the mediation proceedings and the bridge project in general. Also on the Council Meeting Agenda was an item concerning the Village's position regarding the Final Report of the Citizen's Redistricting Advisory Board, commissioned by the county. The latter was pulled from the agenda following Council discussions.

On the agenda for the Special Council meeting was a request to Miami-Dade County Mayor Daniella Levine Cava, who is also the former County Commissioner for Palmetto Bay, and to the entire Board of County Commissioners "expressing the Council's objection to the County's decision to construct the SW 87th Avenue Bridge..." This latest resolution is not the first time the Village Council puts forward a resolution in objection to the bridge. In fact, the Council has been in opposition of the project since 2003. Back in February, the Council adopted two Resolutions opposing the project; one, that was routed to the Board of County Commissioners and another asking the Transportation Planning Organization to defer its consideration of the project to a later date. Both entities approved the project despite these requests.

After Council discussions, the majority of the Council voted to amend the resolution to remove all reference to the Board of County Commissioners and only address the County Mayor at this time. At the Mayor's suggestion, the Council agreed to hold off on the second letter until the joint meeting is scheduled. "When we have this joint commission/council meeting, wouldn't that be the time to have a letter prior to go out to them that's focused on that joint meeting" suggested Mayor Cunningham.

Village officials are looking to a date in February to hold the meeting. Information about the meeting will be sent out via email to our subscribers and will be posted on our social media accounts (linked below.)

Click below to watch the meeting or read the meeting agenda:

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