The Village of Palmetto Bay, FL Logo
VILLAGE OF PALMETTO BAY
Mayor Karyn Cunningham
Vice Mayor Mark Merwitzer
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, NOVEMBER 3, 2025 – 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.

Proclamation in honor of Epilepsy Awareness Month

 
B.

Recognition of resident, Robert L. Wallis, LCDR (Ret.) on his promotion to Miami-Dade Fire Rescue's First Chief Pilot

 
C.

Recognition of O'Neill Cooper in honor of Project Green Roof: The Impact of Social Media on Green Roofs

 
3.

APPROVAL OF MINUTES

 
A.

Regular Council Meeting (October 6, 2025)

 
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 Expenses

 
C.

Litigation Update

 
7.

VILLAGE CLERK'S REPORT

 
A.

Calendar Update: November 2025

 
8.

BOARD AND COMMITTEE REPORTS

 
A.

Art-in-Public Places Advisory Board Meeting (July 10, 2025)

 
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, CREATING CHAPTER 33 TO THE VILLAGE CODE OF ORDINANCES TITLED “POLICY FOR THE REQUIRED USE OF VILLAGE-ISSUED DEVICES;” ESTABLISHING REQUIREMENTS FOR THE USE OF ELECTRONIC DEVICES DURING PUBLIC MEETINGS; REQUIRING THE USE OF VILLAGE-ISSUED DEVICES BY VILLAGE COUNCIL MEMBERS AND CHARTER OFFICERS; PROHIBITING UNAUTHORIZED NETWORK ACCESS; ESTABLISHING COMPLIANCE PROCEDURES; PROVIDING FOR ENFORCEMENT PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Village Manager, Nick Marano) (Passed on First Reading at the October 6, 2025, Regular Council Meeting)

 
B.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING LITIGATION INITIATED BY A COUNCILMEMBER AGAINST THE VILLAGE OR  A COUNCILMEMBER; REQUIRING THAT THE COUNCILMEMBER INITIATING SUCH LITIGATION, OR ANY ENTITY OWNED OR CONTROLLED BY THAT COUNCILMEMBER, SHALL BE RESPONSIBLE FOR PAYING ATTORNEYS’ FEES AND COURT COSTS IF THE VILLAGE OR COUNCILMEMBER NAMED AS A DEFENDANT IS DETERMINED TO BE THE PREVAILING PARTY; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) (Passed on First Reading at the October 6, 2025, Regular Council Meeting)

 
11.

ORDINANCES FOR FIRST READING WITH PUBLIC COMMENTS

 
A.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REGARDING PUBLIC RECORD REQUESTS; REQUIRING THE MAYOR, VICE MAYOR, AND COUNCILMEMBERS TO BE RESPONSIBLE FOR PAYMENT FOR OFFICIAL PUBLIC RECORDS REQUESTS ON THE SAME TERMS AS REQUIRED OF THE PUBLIC; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) (Continued from the Regular Council Meeting of October 6, 2025)

 
B.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO EXECUTIVE SESSIONS OF THE MAYOR AND VILLAGE COUNCIL; REQUIRING THAT ALL DISCUSSIONS AND DOCUMENTS PRESENTED DURING EXECUTIVE SESSIONS BE MAINTAINED AS CONFIDENTIAL AND NOT DISCLOSED BY ANY ATTENDEE; PROVIDING THAT ALL REQUIREMENTS OF SECTION 286.011(8), FLORIDA STATUTES SHALL BE STRICTLY FOLLOWED;  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, RELATING TO DIVISION 2. – MEETINGS; AMENDING SECTION 2-44, “MEETINGS,” OF THE VILLAGE CODE OF ORDINANCES TO MODIFY THE START TIME OF PUBLIC MEETINGS FROM 7:00 P.M. TO 4:00 P.M.; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)

 
D.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ESTABLISHING A LIMITATION ON THE NUMBER OF TIMES THE VILLAGE COUNCIL MAY APPROVE A CONTINUANCE OF AN AGENDA ITEM; PROVIDING FOR A SUPERMAJORITY VOTE OF THE VILLAGE COUNCIL TO APPROVE A FURTHER CONTINUANCE OF AN AGENDA ITEM; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson)

 
12.

CONSENT AGENDA

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO GRANTS; ADOPTING THE MIAMI-DADE COUNTY LOCAL MITIGATION STRATEGY (LMS) 2025 PLAN IN ORDER TO BE ELIGIBLE UNDER FEMA’S HAZARD MITIGATION GRANT PROGRAMS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Sustainability & Resiliency Planner Andrea Candelaria & Grants Administrator, Christina Cotto)

 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, APPROVING THE PARTCIPATION OF THE VILLAGE OF PALMETTO BAY AS A SPONSOR OF THE WEST PERRINE DR. MARTIN LUTHER KING, JR.,    ANNUAL   CELEBRATION; AUTHORIZING THE VILLAGE MANAGER TO DISBURSE UP TO ONE-THOUSAND DOLLARS ($1,000) AS PART OF THE VILLAGE’S SPONSORSHIP; PERMITTING THE VILLAGE MANAGER TO TAKE NECESSARY ACTIONS TO FACILITATE THE SPONSORSHIP; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Village Clerk, Missy Arocha)

 
C.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE PROPERTY ASSESSED CLEAN ENERGY PROGRAM; APPROVING OPERATION OF THE PROGRAMS ESTABLISHED BY THE FLORIDA PACE FUNDING AGENCY AND ADMINISTERED BY SPECIFIED THIRD-PARTY ADMINISTRATORS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT AND ANY OTHER REQUIRED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Village Attorney, John Quick, Esq.)

 
13.

RESOLUTIONS REQUIRING PUBLIC HEARING

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; PURSUANT TO SECTION 30-30.6, VARIANCES, AND SECTION 30-50.4, E-M ZONING DISTRICT, TO PERMIT A FRONT POOL SETBACK OF 59 FEET 2 INCHES , WHERE 75 FEET IS REQUIRED, AND THE SETBACK FOR THE POOL INTERIOR SIDE SETBACK OF 15 FEET 11 INCHES WHERE 20 FEET IS REQUIRED, FOR THE PROPERTY LOCATED AT 14540 SW 75 AVE; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Planning and Zoning Director, Javier Gonzalez) (Deferred from the October 20, 2025, Zoning Hearing)

 
14.

RESOLUTIONS WITH PUBLIC COMMENT

 
A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PARKS AND RECREATION; APPROVING THE AWARD OF ‘PHASE 1- IMPLEMENTATION OF ECOLOGICAL RESTORATION SERVICES AT THE WOODS’ TO THE INSTITUTE FOR REGIONAL CONSERVATION (IRC) IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($194,500); AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE ALL NECESSARY DOCUMENTS; UTILIZING THE MIAMI-DADE COUNTY CONTRACT RTQ-01354 (INVASIVE VEGETATION CONTROL SERVICES) AS A PIGGYBACK PROCUREMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Parks & Recreation Director, Fanny Carmona

 
B.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO VETERAN’S PARK; APPROVING THE DESIGN FOR THE GOLD STAR FAMILY MEMORIAL MONUMENT TO BE INSTALLED AT VETERAN’S PARK; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Sustainability & Resiliency Planner Andrea Candelaria)

 
C.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING RESOLUTION 2025-04 AT SECTION 5 BY REQUESTING THE COUNCIL TO REMOVE THE COUNCIL LIAISON TO SPECIFIC VILLAGE COMMITTEES; URGING THE MAYOR TO REMOVE THE COUNCIL LIASON TO THE CHARTER REVISION COMMISSION; REQUESTING THE MAYOR TO NOT MAKE CERTAIN APPOINTMENTS TO ANY EXTERNAL BOARD OR COMMITTEE, AND RESCINDING ANY SUCH APPOINTMENTS; PROHIBITING CERTAIN CEREMONIAL PRESENTATIONS, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Vice Mayor Mark Merwitzer)

 
D.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LOBBYIST SERVICES; APPROVING A ONE-YEAR RENEWAL OF THE AGREEMENT FOR PROFESSIONAL STATE LOBBYING SERVICES WITH GRAYROBINSON, P.A.  TO PROVIDE LOBBYIST SERVICES AT THE SOLE DISCRETION OF THE VILLAGE; FURTHER AUTHORIZING THE VILLAGE MANAGER TO APPROVE A CONTRACT FOR THESE SERVICES FOR THE NEGOTIATED AMOUNT; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Village Manager, Nick Marano)

 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, APPROVING THE 2026 STATE LEGISLATIVE AGENDA IN SUPPORT OF THE VILLAGE PRIORITIES FOR THE UPCOMING LEGISLATIVE SESSION; PROVIDING AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)

 
F.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT; APPROVING A MASTER EQUITY LEASE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT, INC. BASED ON CONTINUUM APPROVAL OF RESOLUTION NUMBER 2020-43 APPROVED ON MARCH 2, 2020; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS  PER YEAR FOR A TOTAL OF THREE (3) YEARS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVEN THOUSAND FORTY DOLLARS AND EIGHTY-FOUR CENTS ($107,040.84) FOR THE REPLACEMENT OF TEN (10) VEHICLES IN BUILDIING, PARKS AND RECREATION, AND PUBLIC SERVICES DEPARTMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Procurement Specialist, Alessia Bencomo)

 
G.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO VILLAGE-WIDE TRAFFIC CALMING IMPROVEMENTS, APPROVING THE RECOMMENDATIONS MADE BY MARLIN ENGINEERING, INC. FROM THEIR TRAFFIC STUDY CONDUCTED FOR THE FISCAL YEAR 2024-2025; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Public Services Director, Dionisio Torres)

 
H.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF VILLAGE OF PALMETTO BAY, FLORIDA, PURSUANT TO SECTION 30-160 OF THE ART-IN-PUBLIC PLACES (AIPP) PROGRAM; ACCEPTING THE RECOMMENDATION OF THE ART-IN-PUBLIC PLACES ADVISORY BOARD TO ADVERTISE THE UPDATED “CALL TO ARTIST” FOR THE FUTURE TRAFFIC CIRCLE LOCATED AT SW 152 STREET AND OLD CULTER ROAD; IMPLEMENTING THE RECOMMENDATIONS FROM THE VILLAGE COUNCIL THAT WERE MADE AT THE MAY 13 2025 COMMITTEE OF THE WHOLE WORKSHOP, VIA RESOLUTION 2025-33, AS WELL AS THE RECOMMENDATIONS FROM THE AIPP BOARD; AUTHORIZING THE VILLAGE MANAGER, IN ACCORDANCE WITH THE ART-IN-PUBLIC PLACES  ADVISORY BOARD, TO PROCEED WITH ADVERTISING A NEW CALL TO ARTIST FOR THE SW 152 STREET & OLD CUTLER ROAD TRAFFIC CIRCLE, AND PROVIDING AN EFFECTIVE DATE. (Sponsored and Prepared by Sustainability & Resiliency Planner, Andrea Candelaria)

 
15.

OTHER BUSINESS

 
16.

COUNCIL COMMENTS

 
17.

NEXT MEETING AND ADJOURNMENT

  • REGULAR COUNCIL MEETING (Monday, December 3, 2025 at 7:00 p.m.)
 
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.