The Village of Palmetto Bay, FL Logo
VILLAGE OF PALMETTO BAY
Mayor Karyn Cunningham
Vice Mayor Leanne Tellam
Council Member Patrick Fiore (Seat 1)
Council Member Steve Cody (Seat 2)
Council Member Marsha Matson (Seat 3)
Village Manager Nick Marano
Village Attorney John C. Dellagloria
Village Clerk Missy Arocha
 
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting.
AGENDA
REGULAR COUNCIL MEETING
MONDAY, SEPTEMBER 11, 2023 – 7:00 PM

(PROCLAMATIONS, AWARDS, & PRESENTATIONS WILL BEGIN AT 6:30 PM)
VILLAGE HALL MUNICIPAL CENTER
9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157
(305) 259-1234
1.

CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER:

Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting.

 
2.

PROCLAMATIONS, AWARDS, PRESENTATIONS

 
A.

Proclamation: Proclaiming September as Childhood Cancer Awareness Month (Mystic Force Foundation)

 
B.

Recognition: Hispanic Heritage Month (Adriana Verdeja, Claudia Uribe, and Mey-Ling Perez)

 
C.

Recognition: Southwood Middle School Math Department (Leyany Aguirrechu, Claudia Alves-Dasilva, Joyia Capo, Jennifer Lopez, Aileen L. Milian, and Elizabeth Molina-Rodriguez)

 
D.

Recognition: Counselors-in-Training (Parks & Recreation Department, Village of Palmetto Bay)

 
E.

Recognition: Public Services Department (SW 163rd Street)

 
3.

APPROVAL OF MINUTES

 
A.

Regular Council Meeting (July 10, 2023)

 
4.

REQUESTS, PETITIONS AND PUBLIC COMMENTS SUBMITTED

Individuals wishing to speak on matters on the agenda and on items pertinent to the Village may do so by speaking during this section of the agenda. The Mayor will recognize those persons who wish to speak. Each speaker must sign-in prior to speaking on the designated public commentary sign-in sheet. Items for public hearing provided for within the agenda shall not be a topic of discussion during this section of the agenda. Please limit your comments to three (3) minutes or less. Public comments made by members of the public are important to the Village Council. Speakers will address the Village Council with respect.

 
5.

VILLAGE MANAGER'S REPORT

 
A.

Departmental Updates

 
B.

Police Commander Report

 
6.

VILLAGE ATTORNEY'S REPORT

 
A.

Litigation Update

 
7.

VILLAGE CLERK'S REPORT

 
A.

Calendar update for the month of September 2023

 
8.

BOARD AND COMMITTEE REPORTS

 
9.

EMERGENCY ORDINANCES WITH PUBLIC HEARING

 
10.

ORDINANCES FOR SECOND READING AND PUBLIC HEARING

 
A.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO PLANNING AND ZONING FEES; AMENDING APPENDIX A OF THE CODE OF ORDINANCES; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. (Sponsored by Director Heidi Siegel, Community and Economic Development Director) (Passed on First Reading on July 17, 2023 –Special Council Meeting)

 
B.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO PARKS; ADOPTING "THE TREE MEMORIAL PROGRAM"; ADDING SECTION 20-92 TO CHAPTER 20 OF THE CODE OF ORDINANCES OF THE VILLAGE OF PALMETTO BAY STYLED "PARKS AND RECREATION"; PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) (Passed on First Reading on July 17, 2023-Special Council Meeting)

 
C.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 2-49(E) REGARDING THE CURRENT PROCEDURE OF READING PUBLIC COMMENTS DURING COUNCIL MEETINGS; ELIMINATING THE REQUIREMENT OF READING THE COMMENTS RECEIVED BY THE PUBLIC; DIRECTING THE VILLAGE CLERK TO PROVIDE COPIES TO COUNCILMEMBERS OF ALL PUBLIC COMMENTS PRIOR TO A MEETING; PLACING ALL COMMENTS RECEIVED AS PART OF THE PUBLIC RECORD OF THE MEETING; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham) (Passed on First Reading on May 1, 2023–Regular Council Meeting and continued June 5, 2023-Regular Council Meeting)

 
D.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING HEALTH BENEFITS; PROVIDING TWO YEARS OF HEALTH BENEFITS TO ALL CURRENT AND FUTURE COUNCILMEMBERS FOR EACH FOUR YEARS SERVICE ON COUNCIL, WITH THE BENEFIT TO BE RECEIVING FOLLOWING THE END OF THEIR SERVICE; REPEALING ORDINANCE 2017-21; AND PROVIDING FOR CODIFICATION; AND AN EFFECTIVE DATE. (Sponsored by Nick Marano, Village Manager) (Passed on First Reading on July 17, 2023-Special Council Meeting) (This item requires a Third Reading)

 
11.

ORDINANCES FOR FIRST READING WITH PUBLIC COMMENTS

 
12.

CONSENT AGENDA

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RECOGNIZING AND SUPPORTING THE 27TH ANNUAL “NATIONAL WALK & ROLL TO SCHOOL DAY”, HELD ON OCTOBER 4, 2023; PROMOTING SAFE ROUTES TO SCHOOLS, STUDENT HEALTH AND WELL BEING, AND YOUTH PARTICIPATION IN LOCAL EVENTS; ENCOURING PARENTS AND TEACHERS TO REGISTER AND PLAN EVENTS FOR THEIR SCHOOLS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody)

 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, RELATING TO THE ART-IN-PUBLIC PLACES (AIPP) BOARD; APPOINTING ONE MEMBER TO THE VILLAGE OF PALMETTO BAY’S AIPP BOARD; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Vice Mayor Leanne Tellam)

 
13.

RESOLUTIONS REQUIRING PUBLIC HEARING

 
14.

RESOLUTIONS WITH PUBLIC COMMENT

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE ACQUISITION OF LAND; AMENDING RESOLUTION 2022-102 APPROVING THE SECOND TURNOVER AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE, AND AUTHORIZING THE VILLAGE MANAGER TO PURCHASE SAID LAND FOR ONE DOLLAR AND NO CENTS ($1.00); PROVIDING AN EFFECTIVE DATE. (Sponsored by Village Manager, Nick Marano)

 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO PARKS AND RECREATION; FORMALLY ADOPTING THE 2023 PARKS MASTER PLAN AS PRESENTED BY BERMELLO, AJAMIL AND PARTNERS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Fanny Carmona, Parks & Recreation Director)

 
C.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXTENSION OF THE EMPLOYMENT AGREEMENT OF NICK MARANO, VILLAGE MANAGER FOR THE VILLAGE OF PALMETTO BAY; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Nick Marano, Village Manager)

 
D.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, RETROACTIVELY ACCEPTING A LEGISLATIVE APPROPRIATION IN THE AMOUNT OF ONE MILLION THREE HUNDRED AND FORTY-SIX THOUSAND ONE HUNDRED DOLLARS ($1,346,100) FOR STORMWATER IMPROVEMENTS TO SUB-BASIN #44; RETROACTIVELY APPROVING THE PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; RETROACTIVELY AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Olga Cadaval, Human Resources, Communications, & Grants Director)

 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FL, RELATING TO GRANTS; ACCEPTING A GRANT AWARD IN THE AMOUNT OF ONE HUNDRED FIFTY-SIX THOUSAND AND SIX HUNDRED DOLLARS ($156,600) UNDER THE HAZARD MITIGATION GRANT PROGRAM (HMGP) FOR THE SUB-BASIN 43 STORMWATER PROJECT, PROJECT NO. 4486-112-R; APPROVING AGREEMENT NUMBER H1009 WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Olga Cadaval, Human Resources, Communications & Grants Director)

 
F.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING PARKS AND RECREATION; AUTHORIZING THE VILLAGE MANGER TO ENTER INTO A CONTRACT WITH PRO-MOTION SPORTS MARKETING, FOR THE CONSTRUCTION OF SAND VOLLEYBALL COURTS AT CORAL REEF PARK AT A COST NOT TO EXCEED $142,801; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Fanny Carmona, Parks & Recreation Director)

 
G.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ONGOING PROFESSIONAL SERVICES; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO WORK ORDER NO. 5 WITH CALVIN, GIORDANO & ASSOCIATES, INC. FOR BUILDING AND CODE PLAN REVIEW AND INSPECTION SERVICES UNDER THE EXISTING CONTRACT FOR PROFESSIONAL CONSULTING SERVICES ON CONTINUING CONTRACT BASIS; AUTHORIZING THE VILLAGE MANAGER TO CREATE A PURCHASE ORDER IN THE AMOUNT NOT TO EXCEED FOUR-HUNDRED THOUSAND DOLLARS ($400,000); AND PROVIDING FOR AN EFFECTIVE DATE.  (Sponsored by Heidi Siegel, Community and Economic Development Director)

 
H.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING PARKS AND RECREATION; AUTHORIZING THE VILLAGE MANGER TO ENTER INTO A CONTRACT WITH THE INSTITUTE FOR REGIONAL CONSERVATION FOR THE RESOTRATION AND MANAGEMENT OF THE PINE ROCKLAND AT CORAL REEF PARK AT A TOTAL COST OF $145,200; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Fanny Carmona, Parks & Recreation Director)

 
I.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING PARKS AND RECREATION; AUTHORIZING PALMETTO BAY BUSINESS ASSOCIATION INC., THE USE OF THALATTA ESTATE PARK ON TUESDAY, DECEMBER 5, 2023, FOR THE PURPOSE OF HOSTING "A HOLIDAY PARTY”; WAIVING ALL ASSOCIATED RENTAL FEES, AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Fanny Carmona, Parks & Recreation Director)

 
J.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING PARKS AND RECREATION; AUTHORIZING CORAL REEF ELEMNETARY PARENT TEACHER ASSOCIATION THE USE OF THALATTA ESTATE PARK ON THURSDAY, JANUARY 25, 2024, FOR THE PURPOSE OF HOSTING A CORAL REEF ELEMENTARY “WINTER FORMAL” FUNDRAISER EVENT; WAIVING ALL ASSOCIATED RENTAL FEES, AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Fanny Carmona, Parks & Recreation Director)

 
K.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING PARKS AND RECREATION; AUTHORIZING THE USE OF PALMETTO BAY PARK AT NO COST ON MARCH 9, 2024, TO THE CYSTIC FIBROSIS FOUNDATION- CURE CF MIAMI FOR THE PURPOSE OF CONDUCTING A FUNDRAISING KICKBALL TOURNAMENT; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Fanny Carmona, Parks & Recreation Director)

 
15.

OTHER BUSINESS

 
16.

COUNCIL COMMENTS

 
17.

NEXT MEETING AND ADJOURNMENT

 
WE, THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, HEREBY COMMIT OURSELVES TO MAINTAINING CIVILITY IN OUR PUBLIC AND POLITICAL DISCOURSE AND PLEDGE TO THE FOLLOWING PRINCIPLES:
  • We will respect the right of all citizens in our community to hold different opinions;
  • We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours;
  • We will strive to understand differing perspectives;
  • We will choose our words carefully;
  • We will speak truthfully without accusation and we will avoid distortion;
  • We will speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur.
 

NOTICE OF APPEAL RIGHTS

Pursuant to Florida Statutes 286.0105, the Village hereby advises the public that if a person decides to appeal any decision made by the Council with response to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, the affected person may need to ensure that verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Village for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed.

 

AMERICAN DISABBILITIES ACT OF 1990

This meeting is open to the public. In accordance with the American Disabilities Act of 1990, persons needing special accommodation or a sign language interpreter to participate in this proceeding should contact the Village Clerk at (305) 259-1234 no later than four (4) days prior to the meeting. Hearing Assistance Devices are available with the Village Clerk.