Miami-Dade Legislative Item
File Number: 170098
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File Number: 170098 File Type: Resolution Status: Adopted
Version: 0 Reference: R-57-17 Control: Board of County Commissioners
File Name: PUBLIC NOTICE PERIOD FOR REMOVAL OF TRAFFIC CONTROL DEVICES Introduced: 1/13/2017
Requester: NONE Cost: Final Action: 1/24/2017
Agenda Date: 1/24/2017 Agenda Item Number: 11A3
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO DEVELOP A PLAN TO PROVIDE A REASONABLE PUBLIC NOTICE PRIOR TO REMOVAL OF TRAFFIC CONTROL DEVICES FROM COUNTY ROADS; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PROVIDE A REPORT AND PLACE THE REPORT ON AN AGENDA OF THIS BOARD WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION [SEE ORIGINAL ITEMS UNDER FILE NOS. 162754, 162856]
Indexes: COUNTY ROADS
  TRAFFIC SIGNALS
Sponsors: Daniella Levine Cava, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/24/2017 11A3 Adopted P

County Attorney 1/13/2017 Assigned Debra Herman 1/13/2017

Transit and Mobility Services Committee 12/14/2016 2A Substitute Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Michael Valdes read the foregoing proposed resolution into the record. The members of the Committee proceeded to vote on the foregoing proposed resolution as presented. Commissioner Levine Cava noted she requested an amendment to the item and asked the Assistant County Attorney to read it into the record. Assistant County Attorney Debra Herman read into the record the amendments to the following “Whereas” clauses in the foregoing proposed resolution to read as follows, and to clarify “14 days”: (1) Whereas, the Manual on Uniform Traffic Control Devices (MUTCD) is approved by the Federal Highway Administrator as the National Standard in accordance with Title 23 U.S. Code, Sections 109(d), 114(a), 217, 315, and 402(a), 23 CFR 655, and 49 CFR 1.48(b)(8), 1.48(b)(33), and 1.48(c)(2); and (2) Whereas, pursuant to Florida Statutes 316.0745, the Florida Department of Transportation has adopted the MUTCD as the uniform system of traffic control devices for use on the streets and highways of the state; and (3) Whereas, all official traffic control signals or official traffic control devices purchased and installed in this state by any public body or official shall conform with the manual and specifications published by FDOT; and (4) Whereas, there are times when per an analysis required by the MUTCD, a traffic control device should be added or removed from a roadway; and Additionally, any reference to “14 days” would be changed to “14 business days." Commissioner Levine Cava explained this situation arose because a stop sign was removed in Palmetto Bay, but people continued to stop because they were so accustomed to doing so and this item would provide a notice period prior to removal of traffic control devices from county roads. The members of the Committee proceeded to vote on the forgoing proposed resolution as amended.

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DEVELOP A PLAN TO PROVIDE A REASONABLE PUBLIC NOTICE PRIOR TO REMOVAL OF TRAFFIC CONTROL DEVICES FROM COUNTY ROADS; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE A REPORT AND PLACE THE REPORT ON AN AGENDA OF THIS BOARD WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION [SEE ORIGINAL ITEMS UNDER FILE NOS. 162754, 162856]

BODY
WHEREAS, Miami-Dade County has planning-level responsibility for countywide traffic engineering which includes traffic control devices; and
>>WHEREAS, the Manual on Uniform Traffic Control Devices (MUTCD) is approved by the Federal Highway Administrator as the National Standard in accordance with Title 23 U.S. Code, Sections 109(d), 114(a), 217, 315, and 402(a), 23 CFR 655, and 49 CFR 1.48(b)(8), 1.48(b)(33), and 1.48(c)(2); and
WHEREAS, pursuant to Florida Statutes Section 316.0745, the Florida Department of Transportation has adopted the MUTCD as the uniform system of traffic control devices for use on the streets and highways of the State; and
WHEREAS, all official traffic control signals or official traffic control devices purchased and installed in this State by any public body or official shall conform with the manual and specifications published by FDOT; and<<1
WHEREAS, on County roads, in addition to the oversight role, the County also has installation, removal and maintenance responsibilities for traffic control devices including pedestrian crossing lanes, signs and signals; and
WHEREAS, there are times when, as a result of an analysis pursuant to MUTCD [[and/or associated federal and state regulations]], a traffic control device should be added or removed from a roadway; and
WHEREAS, many times, even in those cases where the removal of an existing traffic control device is warranted, drivers and pedestrians in the area have become accustomed to the existence of such a traffic control device; and
WHEREAS, providing reasonable public notice prior to a planned removal of such a traffic control device would allow the public, especially pedestrians impacted by the removal of a traffic control device, to plan alternate routes if necessary; and
WHEREAS, the type and amount of public notice need not be the same for every potential removal, but should be reasonable and sufficient to provide notice to the impacted parties, and should be no less than a minimum of 14 >>business<< days prior to the removal of any traffic control device unless a shorter period is necessitated by virtue of immediate public safety concerns; and
WHEREAS, the Department of Transportation and Public Works is positioned to analyze such removals, and to recommend the type and amount of public notice reasonably required in each circumstance,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are adopted and incorporated herein.
Section 2. This Board directs the County Mayor or County Mayor�s designee to develop a plan to provide a reasonable public notice period prior to removal of traffic control devices from County roads, which period should be no less than a minimum of 14 >>business<< days prior to the removal of any traffic control device unless a shorter period is necessitated by virtue of immediate public safety concerns.
Section 3. This Board directs the County Mayor or County Mayor�s designee to provide a report regarding this plan to the Board within 90 days of the effective date of this resolution and place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65.

1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added.



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