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 9, 2024 – 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.

Ceremonial Purchase of Veterans' Park (South Motor Company of Dade County, LLC)

 
B.

Certificate of Appreciation: Counselors-in-Training (Parks & Recreation Department): Scott Bejarano, Colby Benjamin, Danielle Diaz, Dariane Diaz, Mitchell Dominguez, Chloe Escobar, Lucas Fonnegra, Bryan Gutierrez-Curdi, Lucas Hallancia, Brooklyn Kye, Maddison Kye, Samuel Lago, Marcus Masvidal, Parker Mendez, Melody Monge, Lucas Nunez, Amaya Ortiz, Carlos Ortiz, Alejandro Paz Alba, Aiko Rodriguez, Austin Ross, Jack Rubin, Matthew Siewnarine, Valentina Sotolongo, Max Sun, Shayna Williams, John Zack

 
C.

Certificate of Appreciation: Federico Retana, Village Employee (Parks & Recreation Department-Village Hall Butterfly Garden Project)

 
D.

Certificate of Appreciation: Cheryl Change, Village Employee (Building Department)

 
E.

Certificate of Appreciation: Lous Schumacher, James Woodard, Jim Araiza, and Jack Rubin (Neighborhood collaborative rescue efforts steered by Councilmember Patrick Fiore)

 
F.

Certificate of Recognition: Luma Rocco (Mangrove Cleanup at Paradise Point)

 
G.

Certificate of Recognition: Jennifer Tisthammer and Nina Zanella (Deering Estate Foundation)

 
H.

Certificate of Recognition: Boys State Delegates (Samuel Zhang and Thomas Reguiero)

 
I.

Certificate of Recognition: Girls State Delegates (Victoria Hoffman, Keyla Estevez, and Brook Wilensky)

 
J.

Proclamation: Mystic Force Foundation (National Childhood Cancer Awareness Month)

 
K.

Proclamation: National League of Cities (Recycle Right Pledge Campaign)

 
3.

APPROVAL OF MINUTES
 
A.

Regular Council Meeting (July 1, 2024)
 
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.

Monthly Report
 
B.

Litigation Update

 
7.

VILLAGE CLERK'S REPORT
 
A.

Calendar Update: September 2024
 
B.

2024 Election Information and Deadline Dates
 
8.

BOARD AND COMMITTEE REPORTS
 
A.

Art-in-Public Places Advisory Board Meeting (April 11, 2024)
 
B.

Art-in-Public Places Advisory Board Meeting (September 14, 2023)
 
C.

Education Advisory Board Meeting (April 2, 2024)
 
D.

Tree Advisory Board Meeting (May 20, 2024)
 
9.

EMERGENCY ORDINANCES WITH PUBLIC HEARING
 
10.

ORDINANCES FOR SECOND READING AND PUBLIC HEARING
 
11.

ORDINANCES FOR FIRST READING WITH PUBLIC COMMENTS
 
A.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO  MEDICAL MARIJUANA; REPEALING IN ITS ENTIRETY SECTION 30-60.32 OF THE CODE OF ORDINANCES  STYLED: ‘LOW-THC CANNABIS AND MEDICAL CANNABIS DISPENSARIES, TREATMENT FACILITIES AND INDEPENDENT TESTING LABORATORIES”; RECOGNIZING ONE EXISTING FACILITY AND ONE APPROVED FACILITY AS  PERMITTED NONCONFORMING USES; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by the Administration and Prepared by Village Attorney, John C. Dellagloria)
 
12.

CONSENT AGENDA
 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; DIRECTING THE VILLAGE MANAGER TO IMPLEMENT THE ANNUAL “THE DOTTIE BARTON HARVEST FESTIVAL DAY” AT CORAL REEF PARK TO HONOR HER EXCEPTIONAL CONTRIBUTIONS AND CELEBRATE HER LEGACY WITHIN THE COMMUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)
 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO THE PUBLICATION OF LEGAL ADVERTISEMENTS AND PUBLIC NOTICES ON MIAMI-DADE COUNTY'S PUBLICLY ACCESSIBLE WEBSITE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored and Prepared by Village Clerk, Missy Arocha)
 
C.

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 8, 2025, TO THE CYSTIC FIBROSIS FOUNDATION-CURE CF MIAMI FOR THE PURPOSE OF CONDUCTING A FUNDRAISING KICKBALL TOURNAMENT; AND FURTHER AUTHORIZING THE VILLAGE MANAGER TO APPROPRIATE FUNDING TO COVER THE COST OF ONE (1) POLICE OFFICER AND THE ENTRY FEE FOR ONE TEAM REPRESENTING THE VILLAGE OF PALMETTO BAY; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Parks & Recreation Director, Fanny Carmona)
 
D.

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 OCTOBER 19, 2024, TO THE PAWS 4 YOU RESCUE, INC., FOR THE PURPOSE OF CONDUCTING A PAWS4YOU ANNUAL HOWLOWEEN FESTIVAL; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Parks & Recreation Director, Fanny Carmona)
 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING PARKS AND RECREATION; AUTHORIZING THE USE OF THALATTA ESTATE AT NO COST TO THE FOUNDATION FOR NEW EDUCATION INITIATIVES, INC., FOR THE PURPOSE OF CONDUCTING A “GREEN SCHOOLS RECOGNITION CEREMONY”; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Parks & Recreation Director, Fanny Carmona)
 
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 LOCAL POLICE SERVICES INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY; EXTENDING POLICE SERVICES AGREEMENT FOR A (5) FIVE-YEAR PERIOD EXPIRING ON SEPTEMBER 30, 2029; AUTHORIZING TRANSMISSION TO THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY; PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Assistant to the Village Manager, Karla Morales)
 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, APPROVING AN EMPLOYMENT CONTRACT WITH JOHN C. DELLAGLORIA AS THE WILLAGE ATTORNEY; AND PROVIDING AN EFFECTIVE DATE.(Sponsored by the Village Council)
 
C.

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. 8 WITH CALVIN, GIORDANO & ASSOCIATES, 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 SIX-HUNDRED THOUSAND DOLLARS ($600,000); AND PROVIDING FOR AN EFFECTIVE. (Sponsored by Administration and Prepared by Village Manager, Nick Marano)
 
D.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT; APPROVING THE SELECTION OF HARTEC GROUP, INC. TO  CONSTRUCT PAVING AND DRAINAGE IMPROVEMENTS FOR SUB-BASIN 44, PURSUANT TO INVITATION TO BID (ITB) NO. 2024-11-022; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($1,350,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Procurement Specialist, Alessia Bencomo)
 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT; APPROVING THE SELECTION OF WAYPOINT CONTRACTING, INC. FOR DESIGN BUILD SERVICES AND CONSTRUCTION OF A PICKLEBALL CENTER WITHIN THE FOOTPRINT OF THE VILLAGE OWNED VACANT PARCEL (FOLIO NO. 33-5033-000-0862); AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT AND ISSUE A PURCHASE ORDER IN THE AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED SEVENTY-SIX THOUSAND FIVE HUNDRED SIXTY-FOUR DOLLARS AND EIGHTY-TWO CENTS ($1,676,564.82); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Procurement Specialist, Alessia Bencomo)
 
F.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, RELATING TO GRANTS; ACCEPTING AND APPROVING A GRANT AWARD FROM THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION UNDER THE FY 2025 MUNICIPAL GRANT PROGRAM IN THE AMOUNT OF $120,000 FOR THE PURPOSE OF FUNDING A MULTI-MODAL TRANSPORTATION MASTER PLAN; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE FINAL GRANT AGREEMENT AND OTHER RELATED DOCUMENTS ON BEHALF OF THE VILLAGE, AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by HR & Communications Director Olga Cadaval and Public Services Director Dio Torres)

Approval is recommended.

 
G.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT; APPROVING THE SELECTION OF TYLER TECHNOLOGIES ENTERPRISE ERP TO REPLACE THE CURRENT FINANCIAL SOFTWARE AND AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT FOR SAID SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Finance Director, Desmond Chin)
 
H.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO DIVISION 30-160, THE ART-IN-PUBLIC PLACES (“AIPP”) PROGRAM; ACCEPTING THE RECOMMENDATION OF THE AIPP ADVISORY BOARD TO ACCEPT THE ART IN PUBLIC PLACE ARTWORK PROPOSED BY CARLOS ALVES AND JANE CARROLL (JC) TO BE LOCATED AT THE NEW CORAL REEF PARK MULTIPURPOSE BUILDING AT 7895 SW 152 STREET, PALMETTO BAY, FLORIDA 33157; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Sustainability & Resiliency Planner, Andrea Candelaria)
 
I.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT; APPROVING THE SELECTION OF UNITED FLAVORS CREAMERY, LLC, TO OPERATE AND MANAGE A CONCESSION STAND AT PALMETTO BAY PARK FOR THREE (3) YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL YEAR NOT TO EXCEED FIVE (5) CONSECUTIVE YEARS AT THE SOLE DISCRETION OF THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Procurement Specialist, Alessia Bencomo)
 
J.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT; APPROVING THE SELECTION OF ALL SEASONS IMPORTS, INC. D/B/A THE CHRISTMAS PALACE, LLC TO INSTALL AND TAKE DOWN ALL HOLIDAY LIGHTING AND DECORATIONS FOR THREE (3) YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL YEAR NOT TO EXCEED FIVE (5) CONSECUTIVE YEARS AT THE SOLE DISCRETION OF THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT AND ISSUE A PURCHASE ORDER IN THE AMOUNT NOT TO EXCEED THIRTY SIX THOUSAND THREE HUNDRED TWENTY DOLLARS AND ZERO CENTS ($36,320.00); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Procurement Specialist, Alessia Bencomo)
 
15.

OTHER BUSINESS
 
16.

COUNCIL COMMENTS
 
17.

NEXT MEETING AND ADJOURNMENT

Regular Council Meeting (Monday, October 7, 2024)

 
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.