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, JANUARY 9, 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.

Recognition of Martin Luther King, Jr., Day
 
B.

Recognition of Palmetto Bay residents, Cynthia Demos and Matt Rubino for a Suncoast Emmy for their documentary: A History of Black Miami
 
C.

Recognition of Palmetto Bay resident, Andrea Phillips-Lopez for her CBS4 Miami Proud documentary series: Surfside Collapse Stories
 
D.

Recognition of Palmetto Bay resident, Terri Stephen: White House Decorations
 
3.

APPROVAL OF MINUTES
 
A.

Regular Council Meeting (December 5, 2022) 
 
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 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 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.

Manager's Report
 
B.

Police Commander Report
 
6.

VILLAGE ATTORNEY'S REPORT
 
A.

Litigation update
 
7.

VILLAGE CLERK'S REPORT
 
A.

Calendar update for the month of January 2023
 
8.

BOARD AND COMMITTEE REPORTS
 
A.

Resiliency Committee Meeting (October 26, 2022) 
 
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 CHARITABLE CONTRIBUTIONS AND FEE WAIVERS; AMENDING SECTION 2-22 OF THE VILLAGE CODE OF ORDINANCES REGARDING WHAT CONSTITUTES CHARITABLE CONTRABUTIONS; AUTHORIZING THE VILLAGE MANAGER TO APPROVE REQUESTS FOR FEE WAIVERS UP TO THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00); ADDING  THALATTA ESTATE PARK TO THE  REQUIRMENT OF  A FOUR-FIFTHS (4/5) VOTE TO ALLOW  A WAIVER OF FEES AND COSTS FOR THE USE OF THE FACILITY; REQUIRING THE CONFIRMATION OF THE VALIDITY OF ANY CHARITY REQUESTING A FEE WAIVER; AND PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Vice Mayor Leanne Tellam) 
 
B.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO AUTHORIZING CHARITABLE CONTRIBUTIONS; AMENDING ORDINANCE 2017-19 AND SECTION 2.22 OF THE VILLAGE CODE OF ORDINANCES BY THE ADDITION OF FEE WAIVERS OR STAFF TIME FOR THE USE OF VILLAGE PARKS AND PROPERTY, INCLUDING MONETARY CONTRIBUTION, EXPENDITURES OF FUNDS, OR RESOURCES; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) 
 
C.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, DIRECTING THE VILLAGE CLERK TO READ, DIRECTLY AFTER THE PLEDGE TO THE FLAG, THE CIVILITY STATEMENT, WHICH IS CURRENTLY PART OF EVERY COUNCIL AGENDA, IN ORDER TO BEGIN THE COUNCIL MEETING WITH THE PROPER SHOW OF RESPECT TO THE PUBLIC AND COUNCILMEMBERS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) 
 
12.

CONSENT AGENDA

Any items shall be removed from the Consent Agenda for discussion or separate vote if requested or "pulled" by a Councilmember. 

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, CERTIFYING AND DECLARING THE CERTIFIED RESULTS OF THE GENERAL ELECTION OF NOVEMBER 8, 2022; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Village Clerk Missy Arocha)
 
B.

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 ON MARCH 1, 2023, TO BAPTIST HEALTH SOUTH FLORIDA INC., FOR THE PURPOSE OF CONDUCTING AN EMPLOYEE SERVICE AWARD EVENT; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration)
 
13.

RESOLUTIONS REQUIRING PUBLIC HEARING

All persons addressing the Village Council shall be sworn-in prior to giving testimony and may be subject to cross examination. All persons addressing the Village Council shall state their name and address for the record. 

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF PALMETTO BAY, FLORIDA, RELATING TO AN APPEAL OF AN ADMINISTRATIVE DECISION REGARDING 7253 & 7271 SW 168 STREET; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.  (Sponsored by Administration)
 
14.

RESOLUTIONS WITH PUBLIC COMMENT
 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; APPROVING THE 2023 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, RESCINDING RESOLUTION 2022-49 RELATING TO THE WELL ABANDONMENT PROGRAM; CANCELING THE PROGRAM AND RETURNING THE UNEXPENDED FUNDS FOR REALLOCATION FOR OTHER PROJECTS AS DETERMINED BY VILLAGE COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) 
 
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 MUSCO SPORTS LIGHTING, LLC., PIGGY-BACKING OFF A CLAY COUNTY, FLORIDA CONTRACT RFP #18/19-2, FOR THE RETROFITTING AND UPDATING OF THE LIGHTING SYSTEM WITHIN THE BASKETBLL COURTS AT PALMETTO BAY PARK AT A COST NOT TO EXCEED $66,500, WITH FIFTY PERCENT (50%) OF THE COST PROVIDED FROM THE STATE OF FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM GRANT; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration) 
 
D.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT, APPROVING V & G CONSTRUCTION SOLUTIONS, CORP. FOR THE INSTALLATION OF TRAFFIC CALMING DEVICES THROUGHOUT THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT WITH  SAID COMPANY AND APPROVE THE FISCAL YEAR EXPENDITURE NOT TO EXCEED TWO HUNDERD AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($ 250,000.00); AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration)
 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO HEAVY EQUIPMENT; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT WITH VERMEER SOUTHEAST SALES AND SERVICE, INC., THROUGH FLORIDA SHERIFFS ASSOCIATION CONTRACT NO. FSA20-EQUI18.0; FOR THE PURCHASE OF A TRAILER MOUNTED BRUSH-CHIPPER MODEL NO. BC1500XL AND TRADE-IN OF THE VILLAGE ‘S 2005 BC1400, AUTHORIZING THE VILLAGE MANAGER TO CREATE A PURCHASE ORDER IN THE AMOUNT OF  SEVENTY-EIGHT THOUSAND TWO HUNDERED AND SEVENTY-ONE DOLLARS AND NINETY-FIVE CENTS ($ 78,271.95); 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 COMMUNITY DEVELOPMENT; ACCEPTING AND ADOPTING THE CREATION OF THE COMMUNITY RATING SYSTEM (CRS) PROGRAM FLOODPLAIN MANAGEMENT PLAN (FMP) AS PART OF THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP); AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration) 
 
G.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE UPDATE OF THE COMPREHENSIVE PLAN CONSISTENT WITH FLORIDA STATUTE 163.3161, “THE COMMUNITY PLANNING ACT”; APPROVING THE SELECTION OF STANTEC CONSULTING SERVICES TO PREPARE THE COMPREHENSIVE PLAN UPDATE AND AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT FOR THE SERVICES IN THE AMOUNT OF NINETY-NINE THOUSAND TWO HUNDRED ($99,200.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration) 
 
H.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE ACQUISITION OF LAND; AUTHORIZING THE VILLAGE MANAGER TO COORDINATE WITH THE COUNTY, IN ACCORDANCE WITH COUNTY IMPLEMENTING ORDER 8-4, FOR THE ACQUISITION OF LAND TO BE USED AS A POCKET PARK; PROVIDING AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)
 
15.

OTHER BUSINESS
 
16.

COUNCIL COMMENTS
 
17.

NEXT MEETING AND ADJOURNMENT

 (Monday, February 6, 2023)

 

 
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.