Special Council Meeting

Special Village Council Meeting Monday, March 22, 2021 Page 1 of 2 VILLAGE OF PALMETTO BAY Mayor Karyn Cunningham Village Manager Nick Marano Vice Mayor Leanne Tellam Village Attorney John C. Dellagloria Council Member Patrick Fiore (Seat 1) Village Clerk Missy Arocha Council Member Steve Cody (Seat 2) Council Member Marsha Matson (Seat 3) 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 SPECIAL VILLAGE COUNCIL MEETING MONDAY, MARCH 22, 2021 – 7:00 PM Village Hall Chambers, 9705 E. 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. REQUESTS, PETITIONS AND PUBLIC COMMENTS SUBMITTED 3. RESOLUTIONS WITH PUBLIC COMMENT A. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT; EXPRESSING THE INTENTION OF THE VILLAGE OF PALMETTO BAY, FLORIDA TO INITIATE THE CONFLICT RESOLUTION

Special Village Council Meeting Monday, March 22, 2021 Page 2 of 2 PROCEDURE PURSUANT TO CHAPTER 164 FLORIDA STATUTES AT SECTION 164.1052 OF THE ACT, PRIOR TO INITIATING COURT PROCEEDINGS; STATING A CONFLICT WITH THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION (the “TPO”) THE CONFLICT BEING THE TPO’S PASSAGE ON MARCH 18, 2021, OF ACTION ITEM NO. 6 (A)(1), A RESOLUTION APPROVING AMENDMENTS TO THE 2045 LONG RANGE TRANSPORTATION PLAN AND FISCAL YEAR 2021 TRANSPORTATION IMPROVEMENT PROGRAM TO INCLUDE IN PRIORITY I OF THE PLAN THE CONSTRUCTION OF A NEW BRIDGE ALONG SW 87TH AVENUE OVER CANAL C-100, FROM SW 168TH STREET TO SW 144TH STREET, WITH THE VILLAGE STATING ITS REASONS FOR THE OPPOSITION TO THE PROJECT, AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham and the Village Council) 4. 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. ________________________________________________________________ PURSUANT TO FLORIDA STATUTES 286.0105, THE VILLAGE HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COUNCIL WITH RESPECT 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 A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE 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 BY LAW.

we we ask that those suffering from food insecurity and homelessness and all the other issues that resulted from this prayers for their family and we ask utmost to guide us in our decisions here this evening and for healing in our village as we move forward in his name we pray amen. Amen. If I could get everybody to stand and if I could ask our village attorney to lead us in the pledge and for those who are tuning in or have tuned in to our many hybrid or virtual meetings over the course of the last year a recognize you Mr. Attorney Mr. Attorney john de la gloria is back with us. He's had his double vaccination . We're happy to see you here. You're welcome. Welcome back. Welcome home. Thank you. It's good to see you sitting there. Ok at this time we'll go ahead and take request petitions and public comments and these would be request petitions and public comments that are just general in nature, not necessarily having anything to do with the items that are before us this evening as those of you who are watching this evening are already aware got different ways that you can be in touch with us. One is through a form that will be read into the public comment right into the public record. The other is by joining us in the virtual lobby and the third courses we welcome the folks that are here in the audience. I'm caught just to give me some idea or give the council some idea how many public comments do you have that are for this portion of the meeting? We have approximately 40 40 for the general comments, general and for three most of the general comments are regarding the same subject, same subject . So I would turn to my colleagues and ask if we have forty comments whether they're read during the general portion of the public comment or their read prior to the item. How do you want to proceed in terms of timing knowing that forty will be forty minutes or if we're doing one minute or 80 minutes we're doing two minutes . Yes thank you. I know the look are giving me I taught first grade counsel in medicine. Yes I'm I recommend having one minute for each public comment and then entering every the rest of it into the record. Is that the set of motion or did you want to add something that's the most second ok, all those in favor. I have a discussion. I just have to say something first and that was that I took great objection to the county limiting us to one minute when we came as elected officials and presented it's very hard to say something in 60 seconds I will say this the difference between that meeting and this meeting is we all have the opportunity to request all of the comments that were made tonight. This is only by form we can revisit when we talk about those folks that are in public and give them the full three minutes to speak. So and I'll make the request now as I have after every meeting if I could get a copy of all of the forms that are submitted that way I'll be able to read them at my leisure and that would partially suffice for me. I'll review them and speak up if I have an objection later. Well thank you so is a good ok then Madam Clerk if you would proceed this is again just with request petitions and public comments for the general portion and then we'll move on to the next part of the agenda . The public comments submitted by form will be read to the record in the order they were received and will and will adhere to the one minute time limit. Kristen meeta seven eight four zero sw one eighty street to pomerol bay. I say no to the eighty seventh avenue bridge. This bridge makes absolutely no sense. It will turn a quiet neighborhood into a loud traffic ridden area. It will not eliminate any traffic issues. Rather it will truly destroy yet another friendly and peaceful miami neighborhood this bridge north of 160 h street does not resolve the issue that traffic from the south traveling north on eighty seventh avenue will get through the eighty seventh avenue one sixty eight street roundabout any faster it surely will not solve this bottleneck problem most the complaints traffic problems are due to calming circles which lock up traffic before and after schools. This bridge is beyond a terrible idea. I live in palmetto bay just south of the bridge and I see this bridge adding congestion and chaos to the immediate area north of one eighth bruce pearson one seven two two zero sw eighty four thousand new palmetto bay. Now is the time for a village to heal. I do not support pursuing any legal action except maybe in the mediation process. Ask the county to give the residents north of the bridge speed bumps or traffic circles or whatever concessions they might like. But to spend my tax dollars fighting a war I and many other residents do not believe in and it's not winnable it is their road. This is not ethical or a representation of most pomerol bay residents. Everyone knew that district three has burned has borne the brunt of the gridlock and massive construction and supports the bridge. Do you realize also that everyone on or west of eighty second avenue supports it as well as they have worn their share for too long as well? It's time for our leaders to step in as representatives of all of palmetto bay and not just eighty seventh avenue residents diana hickley one seven six zero five southwest eighty four thousand new palmetto bay mayor and council . Please do not pursue litigation in this matter. All that will happen is delay the environment instead of fighting the county we should be working with them to make sure all streets are safe and to pomerol be standard. Ask for safe streets. Ask for safe bicycle. Ask for roundabout's, ask for native trees swails ask for painted roads. Ask for safe signage. We do not want our taxes raised and to continue fighting frivolous lawsuits. It's time we step aside and let the county do what they need to do for the greater good. Donna earnest eight zero to zero sw one forty second terrorist palmetto bay I do not want palmetto bay to enter into a legal battle with miami dade county over the bridge being built. Cristina ludovico one seven nine four five south west ninety seventh avenue palmetto bay. I hope that you will not use palmetto bay tax dollars to enter into a litigation with the county especially over a county road issue that you have little chance of winning thomas gonzalez ninety two fifty four southwest one street palmetto bay conflict resolution meeting eighty seventh avenue bridge stop this fruitless effort to stop the construction of the bridge. you are only listening to a few and ignoring the wishes of the majority of the citizens of palmetto bay specifically district three who are being ignored and not represented. You are wasting the resources of the village just to appease a few well-connected individuals, build the bridge patty rodriguez eighty four twenty sw one eighty first street palmetto bay supplemental base happy with a decision to build the bridge drive around and see all of our signs in support of it litigation on the matter when you can even balance a budget seems irresponsible judy freebie one sixty nine zero zero eighty eight caught it'll be speed bumps no turn signs in four we stop signs have not aided in any relief of traffic on eighty seven avenue in district three we are happy to think a small piece of the greater traffic plan is now in the works. Do not waste of taxpayer money by further litigation you will be fighting a forty year recommendation time to move forward . Arab voice eighty seven twenty sw one fifty terrorist pomerol bay as previously stated I am opposed to the southwest eighty seventh avenue bridge project. It is clear that time and efforts by the against the bridge neighbors was useless since it was evident that tpo had already made up their minds . This was done without current traffic engineering studies and computer models which would show the detrimental effects of traffic a lot north of the canal. The other bridge the so-called public servant or neighbors south including cutler bay could care less. It is obvious what will happen to our neighborhoods once the bridge is constructed since normal traffic patterns will be back along with thousands of additional cars in A.M. And P.M. Peak times the village of palmetto bay should continue its fight and file an injunction immediately against the project the bridge project ,the disaster that is forthcoming needs to be addressed by filing an injunction. Daniel palacios eighty seven forty sw one eighty second terrorist pomerol be good evening I am a pomerol resident and I do not support spending our tax dollars on a bridge or any other lawsuit other than to stop developers construction of multifamily complexes which will only increase population problems in our village. Madeleine roman ninety three eighty three sw 180 second street to palmetto bay. I am simply appalled at the village council is going to continue on this charade an attempt to further stall the connectivity of the grid. The village is attempting to continue mitigation because it does not believe that a county ordinance for the bridge does not apply to emergency measures quote the beginning of eighty seven does not meet a public emergency affecting life, health, property or public safety. Kindly read the governor's executive order twenty dash fifty one which establishes covid-19 response protocol in direct public health emergency . Now couple that with the miami-dade fire department report any reduction of response times due to health emergency and one clearly sees a connection living with individuals during a pandemic makes one think twice about health emergencies when every second counts syriza horner eighty three eighty four sw one sixty terrorist palmetto bay I am palmetto bay resident and do not support spending our tax dollars on any lawsuits related to the bridge. It is a waste of money and time that could be used on many more important matters in our community. Susan beechy seventy seven ninety sw one seventy six street. It'll be having been closely involved in the palmer trinity litigation supporting the school against the village. I know how easy it is to spend hundreds of thousands of dollars on attorneys and litigation. Please do not waste our taxpayer money on another effort. The county controls a section line and half section line roads for the benefit of everyone. I wish my elected officials would look to the future and hundreds of thousands of individuals who will be positively impacted by having multiple road options. Traffic needs to move in and it is currently bottlenecked building the bridges is truly a greener option. Ned scheer one seven five zero zero sw ninety third avenue palmetto bay I am district eight resident and I do not support spending our tax dollars on frivolous lawsuits. You just raised our franchise fees because you said we needed the money. Surely it wasn't for this we don't need a parmer triniti part to even some residents who were against the bridge are more fiscally conservative than this even they don't support using tax money on this. Why don't you ask actually the residents we don't want more money wasted. Ryan rodrigues one seven five six zero southwest 8th avenue palmetto bay. I am a district three resident and I do not support spending our tax dollars on a lawsuit which we have zero legal standing on. We held a vote and we now need to let the democratic process play itself out. We do not have the money to burn on legal fees. Kathleen meyers one fifty four one zero sw eighty ninth avenue palmetto bay I live in district two and I do not support using our tax dollars on something as frivolous as a lawsuit over the bridge. My ask how are you going to pay for this jim hauner eighty eight twenty five southwest one sixty terrorist palmetto bay. I do not support using our tax money to fight the outcome of the bridge vote. You were elected to serve the needs of all palmetto bay residents. Please use our tax dollars wisely in ways that can benefit us all. Russell jones one eighty one to one southwest eighty fourth avenue palmetto bay I am against any conflict resolution or litigation pertaining to the eighty seventh avenue bridge. The bridge is already a divisive issue and this will only serve to further that division as well as waste taxpayer dollars when we are already running a budget deficit. I do not believe the village has a solid legal argument and even if this process is successful it will not stop the bridge on only delay it at this point we should work with the county to offset any potential negative effects this bridge May produce and not enter into a endless legislation because the village didn't get what it want. Richard rusick one seven six zero to southwest eighty fourth avenue palmetto bay I am opposed to initiating any litigation concerning the approval of the eighty seven thousand new bridge project. This council has divided the village residents and alienated itself from commissioner corps and higgins over a bridge which a county professional engineers have recommended that the fire department has stated would reduce response time. Any litigation course of action on this issue will negatively impact the village's reputation and working relationship with the county. Furthermore, it cannot be lost on this council that argument expressed by attorney de la gloria at the conflict assessment meeting is marginal at best. It is simply not within the best interests of the village for this council to subject its citizens to the cost of any litigation after raising taxes to cure a deficit in order to advance a marginal argument which will further divide the village and harm its ability to work with the county elisa furtwangler seventy six eighty five sw one seventy four st. Palmetto bay. I truly hope the bridge project does not move forward as it will negatively impact our children living on the street where the project is planned. The bridge will only move where the traffic is. It will not alleviate the traffic problem but it will make our kids less safe and bring the home values down in the area. Please revisit fixing the lights on us one and using the bus. Brian brings one eighty one forty one sw eighty fourth avenue palmetto bay this time for you a move on miami dade county in the tpo approved the avenue bridge project. You need to start focusing on accomplishing other things for your constituents filing a frivolous lawsuit against the county will waste time and money. Our money, taxpayer money it will accomplish nothing. The county has control on this issue not the village of palmetto bay. Stop this political charade and get back to work on solving issues for everyone in the village not just a small minority group of a. Bridge people your time and our money would be best spent trying to build bridges with the county not further antagonizing them. The bridge is going to happen and soon recognizes reality and move on. Do not take any action against the county. Sylvia campa one seven zero zero two southwest eighty sixth avenue palmetto bay. I live in palmetto bay. I support the bridge. Please stop frivolous lawsuits . It is a county road they voted and we need to respect her decision money fighting this in court is better spent in other ways. Debbie hutchins' one six one zero zero sw eighty seventh avenue palmetto bay to the whole council. Thank you for continuing to listen to the resident and for continuing to let the county know that we that we still do not want a bridge and for pointing out the county what an underhanded and quite frankly an illegal use of a covid emergency. This was put forth by the unelected commissioner david singer eighty three six zero southwest one fifty four street palmetto bay. Seven years ago I sat in front of the council and called for the recall of marcellis danzig for spending a million dollars on unnecessary litigation. It's hard to believe the village is back to where we were during those horrendous times. If the mayor and council insist on wasting residents taxpayers dollars against miami-dade county on litigation that the village cannot and will not win ,I will once again call for a recall of the mayor and termination of the village attorney who appears incorrectly advising this council. It is d\j_ vu all over again but this time the village is in a worse financial condition. The council should not forget their responsibility for charter to the residents of palm it would be if anyone would like to contact me about a recall I can be reached at three zero five nine zero three three seven zero zero. Richard myers one fifty four one zero sw eighty ninth avenue palmetto don't waste more of our tax money on a bridge. Lawsuits. I am a district resident of palmetto bay maori mckinney ninety eighty three southwest one eighty second street palmetto bay . This meeting shouldn't even occur. What money is going to be used to pay for this lawsuit? Are you planning on using covid relief money? Is this why the franchise fees was increased? Would it be that hypocritical if you do use covid relief money claiming that this isn't a covid related infrastructure and requirement means that the money used for this lawsuit should not come from the relief money going to the village. Stop this nonsense already gilberte zero one six zero to zero stop wpt second avenue palmetto bay. I want to thank the council and mayor for listening to the residents of palmetto bay on the proposed bridge on eighty seventh avenue. The majority of the villages opposed to the project. I support all options necessary to fight this injustice by the ccc tpo and specifically our own elected district eight representative mayor thank you for the fight you have shown in this abuse of power by miami-dade county daniel cesspits one seven three two zero southwest eighty fourth quarter palmetto bay the eighty seventh avenue bridge will generate an enormous improvement of the quality of life for the residents in district three. Any legal action on behalf of palmetto bay opposing the county on this matter directly contradict the wishes of the residents in this district. It would be regrettable if this village spent our tax money in this manner and would not be forgotten by the residents of district three ronald and lena cheesman won fifty six twenty five sw eighty seven palmetto disappointed that public comments were not read at the tpo meeting prior to the tpo meeting the bcc did not give the four day notice for pulmonology residents to give public comment instead using a corporate emergency to add this and vote on it. I have lost respect for the way things were done. Our neighborhood will suffer if the bridge is built . Download mccartney eighty five ninety five sw 168 terrorist it'll be. The bridges have been part of county planning for decades the need to be completed they will disrupt some neighborhood but so did the bridge on eighty second avenue and the east west corridors of southwest one fifty fourth one fifty second one sixty eight and 184 streets . Would you suggest tearing down bridges on those streets and avenues to restore neighborhoods? No build the bridges first kraven eighty three twenty sw one sixty four street and palmetto bay. I am a district resident and I do not support spending our tax dollars on frivolous lawsuits. What's more where would the money come from? What about transparency? Is this what you raised our franchise fees for? Are you going to misuse stimulus money for something like this? Show us the money we don't want part two of a palmerton. Why don't you do something different? Don't usually do this but why don't you ask the residents because not only are there all the residents who supported the bridge, there are now also the fiscally conservative residents who might have opposed the bridge but they oppose wasting taxpayer money on lawsuits even more. Eight kraven eighty three twenty sw one sixty four st. Pomerol I live in district two and I am against wasting tax payer money on lawsuits. You just raised our franchise fees and said we needed money. Surely it wasn't for this. Where is the money for this lawsuit going to come from raising taxes? Where is the transparency? The residents do not want this . We do not want another triniti fiasco. Ask them actually put this to a vote. Not only do you have all the palmetto bay residents who originally supported the bridge but also now the fiscally conservative residents who might have opposed the bridge but opposed wasting taxpayer money on lawsuits even more nikola poutre cimolino one seven eight fifty four southwest eighty place palmetto bay. I am a palmetto bay resident and I strongly oppose having our tax dollars spent on lawsuits against the county in retaliation for the bridge decision. First of all the decision on the bridge was rightfully made at the county level to address the connectivity of a county road. Any lawsuit to counter this would be a waste of money of the village has no reasonable case to make against the county. Second, I understand that our taxes are already being increased through fpl franchise fees if the village is already running so tightly on its budget that taxes must already be raised, why would we spend more money on a lawsuit that a village will most likely lose? Finally, some have been arguing that there was not adequate time for a community to address the resolution on the bridge before it was voted on. However, brca testing eighty one sixty one sw one seventieth terrace palmetto a district eight resident that resides it'll be I do not support spending our tax dollars on a frivolous lawsuit. We do not need a parmer triniti part to do not use our taxpayer money for this fames tax. >> eighty four forty five sw one eighty first terrorist palmetto bay. We do not need to spend money any pursuit of a lawsuit we do not want to repeat parmer triniti even residents who were against a bridge don't support using tax money on this. Ask the residents we don't want more money wasted. Olivia hammar eighty forty five southwest one sixty eight terrorist palmetto bay. As a resident I request that the council refrain from pursuing litigation with the county regarding the eighty seventh avenue bridge project they are no it is not winnable in pursuing this lawsuit for imagistic is in danger is at best and honest at worst it is aude ninety three fourteen sw one seventy third terrorist palmetto. I am a district three resident and I do not support spending our tax dollars on frivolous lawsuits. You just raised our franchise fees because you said we needed the money shirty. It wasn't for this we don't need pommer triniti to even some residents who were against the bridge are more fiscally conservative than this. Even they don't support using tax money on this. Why don't you ask ask the residents we don't want more money wasted under a loring and marvin dunn eighty five forty one sw one eighty four st. Palmetto bay residents disagree on whether to build the bridges based upon how much traffic detracts from their lives now and how much the building of the bridges will temporarily affect them. It was an honest disagreement but it should and now the county has decided to proceed with the plan. They envisioned would be needed years ago. It's time to stop the discussion, accept the fulfillment of the master plan and begin to heal the fractured relationships this has cost. Entering into a costly legal battle would only divide the village even more. >> no additional public comments by former exist at this time for this section of the agenda. Ok, thank you. let me look very quickly. I know we have a few folks that are here that have asked that they want to speak if you would like to speak during the general public comment I have gerald and marina or would you prefer to wait for the resolution now? Ok, I'm sorry. Come on. It's called coral coral yoba. Yes, welcome. And if you could just state your address for the clerk please. >> yes, my name is