November Regular Council Meeting Recap
November 2, 2021
Village of Palmetto Bay
Palmetto Bay held its monthly Regular Council meeting for November last night. Here is a recap of the items approved by Council.

There was a lengthy discussion on item 14A in particular relating to the consideration of an Interlocal Agreement between the Village and Miami-Dade County. The Interlocal stipulated certain obligations from the county to the Village as a result of the construction of a new bridge on SW 87th Avenue over the C-100 canal.

Over 30 residents commented during public comments for the agenda item with most speaking in opposition to the construction of the bridge and against approval of the interlocal agreement. The agreement was the proposed resolution to the mediation process initiated by the Village, which is a statutory requirement for government entities before entering into litigation.

Mayor Cunningham opened the public comments stating that she would likely make a motion to end the mediation process and go into litigation at least in relation to the county's process to approve the bridge project. "In many respects we have been robbed of the process and that is the only thing that is being addressed in the Interlocal.", said Mayor Cunningham.

She also reminded attendees of the Village Council's opposition to the bridge project. The Village Council has voted repeated asking the county to not move forward with the bridge construction. After the item was approved by the County Commission under a COVID policy that allows for shortened public notice, Councilmembers also pleaded in front of the Metropolitan Planning Organization to no avail. "This Council, and every Council that has preceded us, has been in opposition of the bridge. The difference is that every [county] Commissioner that has preceded this Commissioner has been in opposition of the bridge."

Vice Mayor Tellam reminded residents that the Village does not have the legal authority to approve or reject the bridge, as it is only within the county's jurisdiction to make that decision. "Regardless of what we do, that 87th Avenue bridge is going to come through and yes it will destroy neighborhoods and I hope that as a community we can find ways to stop it." The decision to move forward with the project was made by the county back in March. Palmetto Bay initiated the mediation proceeding rejecting the process by which the bridge project was approved. The basis for the litigation would be the same as it was in mediation. "Step 1, what can we mediate on, if we don't agree to terms in the end, which is our interlocal agreement, we go to step 2, which we litigate on the same basis", said the Vice Mayor.

Councilman Steve Cody expressed concerns about the litigation route but asserted that he was not absolutely against it. "If we go down the litigation route, we have no guarantee of success.", said Councilman Cody while also mentioning the potential pitfalls of litigation. Councilman Cody also explained that he would support litigation if that is the preferred option for Palmetto Bay residents.

Councilman Fiore spoke in opposition to the agreement and to the process by which the bridge project was approved at the county level. "I can see from tonight and from all the emails, and speaking to my neighbors especially up where I live that if we're going to fight, we have to fight until the end.", said Councilman Fiore.

Councilwoman Matson encouraged residents to continue to reach out to the county to express their opposition to the bridge project. "Unlike our system here, a strong mayor is able to call a department, the transportation department, and say go slow, there's too much controversy about this." , said Councilwoman Matson. "There are other avenues, it is not a done deal", stated the Councilwoman.
Councilman Cody motioned to litigate. Vice Mayor Tellam clarified that the litigation would not be against the bridge project, but would rather be on the basis under which the village brought forth the mediation challenge. Village Attorney Dellagloria explained that the basis would be "that the vote by the county commission based on an emergency order regarding the COVID crisis, we [the Village] believe was directed to goods and services not the building of a bridge. The other basis is that if there were appropriations of money beyond the $3 million then the appropriations have to be approved by ordinance not by resolution." If the Village prevails, the item would be sent back to the County Commission for re-consideration.

Four members voted in favor and one in opposition. The agenda item to approve the Interlocal Agreement was pulled by its sponsor, Village Attorney Dellagloria.

In other items, the Council voted to approve:

  • an ordinance establishing preferences in the procurement process for service-disabled veterans
  • a resolution condemning the inhumane treatment of Haitian migrants at the Mexican-US border
  • a resolution authorizing the use of Coral Reef Park at no cost by Chabad of Palmetto Bay for its Chanukah Celebration
  • a resolution authorizing the use of Coral Reef Park at no cost by the American Cancer Society for its Relay for Life Miami Fusion fundraiser event
  • a resolution adopting the recommendation by the Village Manager and staff to limit the new construction of buildings in the Village to a maximum height of 45 feet
  • a resolution authorizing the Village Manager to develop program guidelines and requirements for a Well Abandonment Grant program
  • a resolution authorizing the selection of Lambert Advisory to develop a feasibility study for the potential purchase of the property located at 17601 Old Cutler Road
  • a resolution approving an agreement with Enterprise Fleet Management to replace 7 Village vehicles
  • a resolution approving a 3-year contract with several continuing service professionals for general civil engineering, traffic and transportation planning and engineering, landscape architecture, general urban planning, electrical engineering, mechanical engineering, plumbing, fire protection, general architect, structural engineering and environmental engineering

The following ordinances were approved on first reading but will not become adopted until a final vote on second reading:

  • an ordinance creating regulations for mobile food dispending vehicles
  • an ordinance updating the park impact fee schedule
  • an ordinance requiring that neighborhood meetings by contractors for new zoning project applications be held at Village Hall

Click below to watch the meeting or read the meeting agenda:
  • Click here to watch the Regular Council Meeting
  • Read the Meeting Agenda

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