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, OCTOBER 2, 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: National Spina Bifida Awareness Month (Shoshana Siegel and Kat Magnoli)

 
B.

Proclamation: Proclaiming October as Hindu Heritage Month (Florida Chapter of Vishwa Hindu Parishad of America-World Hindu Council)

 
C.

Proclamation: Hispanic Heritage Month (Rick Lujan and Sergeant Luis Rubio)

 
D.

Proclamation: Red Ribbon Week (October 23 to October 31-PFC Bruce W. Carter MOH Young Marines)

 
E.

Proclamation: 60th Anniversary of St. Andrew’s Episcopal Church and School (Rev. Spencer Potter)

 
F.

Recognition: Dana Pezoldt, Member of the Art-in-Public Places Advisory Board (AIPP)

 
G.

Recognition: Florida City Government Week (October 16-22, 2023)

 
H.

Recognition: Olivia Antillon-Galvan, a resident of Palmetto Bay and a member of Girl Scouts of Tropical Florida Troop 2223 (Bronze Award Project)

 
3.

APPROVAL OF MINUTES

 
A.

Regular Council Meeting (July 10, 2023)

 
B.

Regular Council Meeting (September 11, 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 October 2023

 
8.

BOARD AND COMMITTEE REPORTS

 
A.

Art-in-Public Places Advisory Board Meeting (January 12, 2023)

 
9.

EMERGENCY ORDINANCES WITH PUBLIC HEARING

 
10.

ORDINANCES FOR THIRD READING AND PUBLIC HEARING

 
A.

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 Village Manager, Nick Marano) (Passed on First Reading on July 17, 2023-Special Council Meeting and Second Reading on September 11, 2023-Regular Council Meeting)

 
11.

ORDINANCES FOR SECOND READING AND PUBLIC HEARING

 
12.

ORDINANCES FOR FIRST READING WITH PUBLIC COMMENTS

 
A.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING THE CODE OF ORDINANCES AT DIVISION 3, ADVISORY BOARDS AND COMMITTEES”, AT SECTION 2-58 STYLED “MEMBERSHIP LIMITATIONS”; AT SECTION 2-59, STYLED “TERM OF OFFICE” AND AT SECTION  2-65, STYLED “AGENDA”; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)

 
13.

CONSENT AGENDA

 
A.

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 Councilmember Marsha Matson)

 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO PUBLIC MEETINGS; SCHEDULING THE FOLLOWING PUBLIC MEETINGS OF THE VILLAGE COUNCIL: REGULAR COUNCIL MEETINGS, ZONING AND LAND DEVELOPMENT MEETINGS, COMMITTEE OF THE WHOLE WORKSHOPS, AND BUDGET WORKSHOPS FOR CALENDAR YEAR 2024; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Village Clerk, Missy Arocha)

 
C.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE YOUTH COMMUNITY INVOLVEMENT TASK FORCE; SELECTING STUDENTS TO SERVE AS MEMBERS ON THE YOUTH COMMUNITY INVOLVEMENT TASK FORCE FOR THE 2023-2024 SCHOOL YEAR; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Village Clerk, Missy Arocha)

 
14.

RESOLUTIONS REQUIRING PUBLIC HEARING

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO REQUIREMENTS OF FLORIDA STATUTES SECTION 166.0451(1) ASSOCIATED WITH THE LIVE LOCAL ACT; REVIEWING THE INVENTORY LIST OF ALL REAL PROPERTY WITHIN THE VILLAGE OF PALMETTO BAY TO WHICH THE VILLAGE HOLDS FEE SIMPLE TITLE; PROVIDING AN EFFECTIVE DATE. (Sponsored by Director of Community and Economic Development, Heidi Siegel, AICP)

 
15.

RESOLUTIONS WITH PUBLIC COMMENT

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; APPROVING THE 2024 STATE LEGISLATIVE AGENDA IN SUPPORT OF THE VILLAGE PRIORITIES FOR THE UPCOMING LEGISLATIVE SESSION; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)

 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, PROVIDING FOR A “SLEEP SAFELY” REIMBURSEMENT OF ONE HUNDRED DOLLARS ($100.00) PER LOWER-INCOME SENIOR RESIDENT TO INSTALL A BED RAIL TO PROVIDE A MEASURE OF SECURITY FOR OUR SENIOR RESIDENTS, AND AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson)

 
C.

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 WAYPOINT CONTRACTING, INC, FOR DESIGN BUILD SERVICES AND CONSTRUCTION OF A MULTI-PURPOSE RECREATIONAL FACILITY AT CORAL REEF PARK AT A COST NOT TO EXCEED FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($4,500,000); AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Parks & Recreation Director, Fanny Carmona)

 
D.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO VILLAGE-WIDE TRAFFIC CALMING IMPROVEMENTS; APPROVING THE SELECTION OF MARLIN ENGINEERING, INC. TO COMPLETE A TRAFFIC STUDY FOR TRAFFIC CALMING AT UP TO 20 LOCATIONS; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT AND ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED THIRTY-FOUR THOUSAND FIVE HUNDRED NINETY-TWO DOLLARS AND SEVENTY-EIGHT CENTS ($34,592.78); AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Public Services Director, Dionisio Torres)

 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO GRANTS; ACCEPTING A GRANT AWARD OF TWO-HUNDRED THOUSAND DOLLARS ($200,000) UNDER THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA PROGRAMMING PLANNING GRANT FOR THE CREATION OF A PALMETTO BAY RESILIENCE ACTION PLAN AND ADAPTATION PLAN; ALLOCATING THE VILLAGE MATCH OF ONE-HUNDRED THOUSAND DOLLARS ($100,000) TO BE BUDGETED BETWEEN FISCAL YEAR 2023-2024 AND FISCAL YEAR 2024-2025; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT AGREEMENT AND OTHER RELATED DOCUMENTS AS REQUIRED; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Resilience Coordinator, Andrea Candelaria)

 
F.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT WITH CIVIL WORKS, INC. TO PROVIDE DESIGN, PERMITTING AND BIDDING SUPPORT FOR THE DRAINAGE IMPROVEMENT PROJECT AT SUB-BASIN NO. 39 GENERALLY LOCATED SOUTH OF SW 170TH TERRACE, NORTH OF SW 173RD STREET, WEST OF OLD CUTLER ROAD, EAST OF SW 77TH AVENUE WITHIN THE VILLAGE OF PALMETTO BAY; FURTHER AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER AND APPROVE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED SEVENTY-EIGHT THOUSAND ONE HUNDRED TWENTY-SIX DOLLARS AND ZERO CENTS ($78,126); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Public Services Director, Dionisio Torres) 

 
G.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE DESIGN, PERMITTING AND BIDDING SUPPORT FOR THE DRAINAGE IMPROVEMENT PROJECT AT SUB-BASIN NO. 12 GENERALLY LOCATED SOUTH OF SW 168TH STREET, NORTH OF SW 170TH TERRACE, WEST OF OLD CUTLER ROAD, EAST OF SW 76TH AVENUE WITHIN THE VILLAGE OF PALMETTO BAY; FURTHER AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER AND APPROVE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND TWO HUNDRED NINETY-FIVE DOLLARS AND ZERO CENTS ($102,295.00); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Public Services Director, Dionisio Torres)

 
H.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT WITH CALVIN, GIORDANO & ASSOCIATES, INC. TO PROVIDE DESIGN, PERMITTING AND BIDDING SUPPORT FOR THE DRAINAGE IMPROVEMENT PROJECT AT SUB-BASIN NO. 42 GENERALLY LOCATED SOUTH OF SW 168TH STREET, NORTH OF SW 171ST SREET, WEST OF 76TH AVENUE, EAST OF SW 77TH AVENUE WITHIN THE VILLAGE OF PALMETTO BAY; FURTHER AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER AND APPROVE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-SEVEN THOUSAND NINE HUNDRED TEN DOLLARS AND ZERO CENTS ($147,910.00); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Public Services Director, Dionisio Torres)

 
I.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT WITH VMECH MECHANICAL CONTRACTORS FOR AN EMERGENCY REPLACEMENT OF THE HVAC SYSTEM AT VILLAGE HALL; FURTHER AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER AND APPROVE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED ONE THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($301,300.00); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Public Services Director, Dionisio Torres)

 
16.

OTHER BUSINESS

 
17.

COUNCIL COMMENTS

 
18.

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.