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, APRIL 3, 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.

 
A.

Notice of Attorney-Client Executive Session (Circuit Court Appellate Division: 17777 Old Cutler Road, LLC vs. Village of Palmetto Bay Case No. 2022-00012-AP-01)

 
2.

PROCLAMATIONS, AWARDS, PRESENTATIONS

 
A.

Proclamation for Collie Edison Coats, Jr. (Expressions of Color)

 
B.

Recognition of "Women of Palmetto Bay" in honor of Women's History Month (Ashley Giritli, Tamara Mourino, Nina Zanella, Beverly McGhee, and Barbara Leveille-Brown)

 
C.

Recognition of Media Specialists (Dr. Henry Perrine-Martha Mederos, Coral Reef Elem-Carolina Blanco, Southwood Middle-Sophia Duplessis, Palmetto Senior- Joel Soldinger)

 
D.

Recognition of Truth-in-Tennis (USTA National JTT Championships-Team Chihuahuaz) 

 
E.

Recognition of past Advisory and Committee Volunteers (Art in Public Places Advisory Board, Education Advisory Committee, Parks & Recreation and Community Outreach Committee, and Neighborhood Protection Committee) 

 
F.

Recognition of Village of Palmetto Bay (Cure Cystic Fibrosis Miami, The Delaney Binker Family Foundation)

 
3.

APPROVAL OF MINUTES

 
A.

Regular Council Meeting (March 6, 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 (Manager's Report)

 
B.

Presentation by ExecuCoach 360, LLC., regarding the Visioning Session Workshops (Vision, Mission, and Goals Summary)

 
C.

Police Commander Report

 
6.

VILLAGE ATTORNEY'S REPORT

 
A.

Litigation Update

 
7.

VILLAGE CLERK'S REPORT

 
A.

Calendar update for the month of April 2023

 
B.

Board and Committee Appointments

 
8.

BOARD AND COMMITTEE REPORTS

 
A.

Neighborhood Protection Committee Meeting (January 11, 2023) 

 
B.

Parks & Rec./Community Outreach Committee Meeting (January 5, 2023) 

 
C.

Youth Community Involvement Task Force Meeting (October 11, 2022) 

 
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 PARKS AND RECREATION; AMENDING THE FEE SCHEDULES IN CHAPTER 20, ARTICLE 1, SECTIONS 20-1 AND 20-2 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT, CODIFICATION SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Administration)

 
B.

AN ORDINANCE OF THE MAYOR AND VILLAGE  COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING THE PARKS AND RECREATION AND COMMUNITY OUTREACH COMMITTEE; AMENDING ORDINANCE 2015-04 BY RESCINDING SECTION 2-55 (1)(b)(VI-XI)  OF THE CODE OF ORDINANCES BY SUNSETTING  THE COMMINITY OUTREACH COMMITTEE AND ITS ADVISORY SCOPE;  AMENDING SECTION 2-55 (1) OF THE CODE OF ORDINANCES BY RENAMING THE COMMITTEE THE “PARKS AND RECREATION COMMITTEE”; PROVIDING FOR CODIFICATION  AND AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)

 
C.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; REGARDING THE DESIGN REVIEW COMMITTEE; SUNSETTING THE COMMITTEE BY RESCINDING ORDINANCE NO. 2021-07, ORDINANCE NO. 2021-10, AND SECTION 5-71 THROUGH SECTION 5-74 AND SECTION 5-76 THROUGH SECTION 5-78 OF THE VILLAGE CODE WHICH ESTABLISHED THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)

 
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 ZONING; REPEALING ORDINANCE 2021-22 REGARDING THE AMENDMENT TO SCHEDULE “A” OF THE CODE OF ORDINANCES WHICH IMPOSED COMMERCIAL PARK IMPACT FEES; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Administration)

 
12.

CONSENT AGENDA

 
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; DIRECTING THE VILLAGE MANAGER TO STUDY THE FEASIBILITY OF REVERSING THE ONE-WAY DIRECTION OF TRAFFIC ALONG SW 72ND AVENUE FROM SW 144TH STREET TO SW 139TH STREET, FROM THE CURRENT SOUTHBOUND DIRECTION TO A NORTHBOUND DIRECTION; 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, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT WITH CIVIL WORKS, INC. (CWI) TO PROVIDE DESIGN, PERMITTING, BIDDING, AND LIMITED CONSTRUCTION SERVICES SUPPORT FOR THE ROADWAY IMPROVEMENT PROJECT AT 92ND AVENUE FROM US1 TO SW 164TH STREET; FURTHER AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER AND APPROVE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED EIGHTY-ONE THOUSAND SEVEN HUNDRED AND FORTY-FOUR DOLLARS ($81,744); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration)

 
C.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH CHEN MOORE AND ASSOCIATES TO PROVIDE DESIGN, PERMITTING AND BIDDING SUPPORT FOR THE WATERMAIN IMPROVEMENT PROJECT LOCATED IN THE AREA OF NORTH CARTEE ROAD WITHIN THE VILLAGE OF PALMETTO BAY; FURTHER AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER AND APPROVE THE  EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED EIGHTY-SEVEN THOUSAND NINE HUNDRED SEVENTY DOLLARS ($87,970); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration)

 
D.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; ACCEPTING A LEGISLATIVE APPROPRIATION FROM THE FLORIDA LEGISLATURE IN THE AMOUNT OF TWO MILLION, SIX-HUNDRED AND SEVENTY THOUSAND DOLLARS ($2,670,000.00); 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 Administration)

 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; RETROACTIVELY ACCEPTING A LEGISLATIVE APPROPRIATION FROM THE FLORIDA LEGISLATURE IN THE AMOUNT OF THREE HUNDRED NINETY-TWO THOUSAND AND FIVE-HUNDRED DOLLARS ($392,500); 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 Administration)

 
F.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO SOUTH CORRIDOR TRANSITWAY BUS RAPID TRANSIT (BRT) STATIONS NAMING SELECTION; SEEKING DIRECTION FROM COUNCIL, TO RECOMMEND NAMES FOR THE BRT STATIONS LOCATED AT SW 152ND STREET AND SW 168TH STREET AND US1; PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration)

 
G.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; DIRECTING THE VILLAGE ADMINISTRATION TO REQUIRE ALL PARTICIPANTS IN ORGANIZED SPORTS PLAYED AT VILLAGE PARKS AND THE PARENTS OF MINORS TO SIGN A FORM ACKNOWLEDGING THE VILLAGE’S ANTI-BULLYING POLICY TO PROTECT INDIVIDUALS FROM PHYSICAL AND VIOLATIONS OF HUMAN RIGHTS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) (Continued from the March 6, 2023-Regular Council Meeting) 

 
H.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; REGARDING THE NEIGHBORHOOD PROTECTION COMMITTEE; REJECTING THE COMMITTEE’S PROFFERED WRITTEN MINUTES FOR THE JANUARY 11th, 2023, AND ADOPTING THE AUDIO RECORDING OF THE MEETING AS THE OFFICIAL MINUTES OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody)

 
I.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; TO APPROVE THE JANUARY 11, 2023, MINUTES OF THE NEIGHBORHOOD PROTECTION COMMITTEE MEETING AND MAKE THEM AVAILABLE FOR PUBLIC INSPECTION IN PERPETUITY IN THE SAME MANNER AS ALL OTHER VILLAGE ADVISORY COMMITTEE MINUTES; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson)

 
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.