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
WEDNESDAY, SEPTEMBER 17, 2025 – 5:00 PM

(PROCLAMATIONS, AWARDS, & PRESENTATIONS WILL BEGIN AT 6:30 PM)
(CONTINUATION FROM THE SEPTEMBER 8, 2025, REGULAR COUNCIL MEETING)
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

None.

 
3.

APPROVAL OF MINUTES

 
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: September 2025

 
8.

BOARD AND COMMITTEE REPORTS

 
A.

Art-in-Public Places Advisory Board Meeting (May 29, 2025) 

 
B.

Tree Advisory Board Meeting (March 31, 2025) 

 
C.

Tree Advisory Board Meeting (June 30, 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, RELATING T0 COUNCIL BENEFITS; VESTING THE AMOUNT OF FIVE HUNDRED ($500.00) A MONTH FOR TWO YEARS OF HEALTH BENEFITS FOR EACH FOUR-YEAR TERM OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Patrick Fiore) (Passed on First Reading on July 7, 2025, Regular Council Meeting)

 
B.

AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING ARTICLE II, DIVISION I, AT SECTION 2-47, “AGENDA PROCEDURE”, BY AMENDING THE “ORDER OF BUSINESS”, “PROPOSED AGENDA ITEMS”, AND “AGENDA CLOSING DATES”; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Village Attorney John Dellagloria) (Passed on First Reading on July 7, 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, AMENDING CHAPTER 30, SECTION 30-50.19 OF THE CODE OF ORDINANCES STYLED: "VILLAGE MIXED USE DISTRICT, VMU" BY CREATING REFERENCE TO FINAL JUDGMENT AND SETTLEMENT AGREEMENT PERTAINING TO PROPERTY LOCATED WITHIN VMU DISTRICT; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Village Attorney, John Dellagloria) 

 
B.

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) 

 
C.

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  COUNCILMEMBER; REQUIRING THAT THE COUNCILMEMBER INITIATING SUCH LEGISLATION, 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 DEFENDANT IS DETERMINED TO BE THE PREVAILING PARTY; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson)

 
D.

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) 

 
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, RELATED TO PROCUREMENT; APPROVING THE FINAL NEGOTIATED AGREEMENT WITH DIADEM SPORTS, LLC. FOR MANAGEMENT AND OPERATION OF THE VILLAGE’S INDOOR PICKLEBALL CENTER UNDER A REVENUE-SHARE ARRANGEMENT; APPROVING BUSINESS TERMS INCLUDING REVENUE SHARE, MINIMUM PAYMENTS, RESIDENT BENEFITS, OPERATING STANDARDS, REPORTING, AND VILLAGE USE RIGHTS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; 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 THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE SETTLEMENT OF THE CASE OF STEPHEN CODY V. VILLAGE OF PALMETTO BAY AND MARK MERWITZER; AND PROVIDING AN EFFECTIVE DATE.  (Sponsored by Village Attorney John Dellagloria) 

 
C.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; ISSUING A FORMAL CENSURE TO COUNCILMEMBER MARSHA MATSON FOR VIOLATING HER OATH OF OFFICE AND FLORIDA LAW BY WILLFULLY AND IMPROPERLY REMOVING HERSELF FROM VILLAGE HALL TO AVOID A VOTE ON A RESOLUTION WHICH WAS OF GREAT PUBLIC IMPORTANCE, RESULTING IN DENYING THE COUNCIL OF A SEATED QUORUM; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham) 

 
D.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, APPROVING A NEW AGREEEMENT IN LIEU OF THE EXSITING CONTRACT WITH THE VILLAGE ATTORNEY, AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)

 
E.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE  “SHOP PALMETTO BAY’ INITIATIVE, DIRECTING THE VILLAGE MANAGER TO DEVELOP AND IMPLEMENT A PLAN IN WHICH THE VILLAGE PRIORITIZES PALMETTO BAY BUSINESSES INCLUDING BUT NOT LIMITED TO VILLAGE PURCHASING OF SUPPLIES AND SERVICES, ENCOURAGES RESIDENTS TO SHOP LOCALLY, AND PROMOTES PALMETTO BAY BUSINESSES THROUGH VILLAGE MEDIA AND EVENTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) (Deferred from the Regular Council Meetings of June 2, 2025 and July 7, 2025) 

 
F.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO VILLAGE-WIDE TRAFFIC CALMING IMPROVEMENTS; APPROVING THE SELECTION OF KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE DESIGN, PERMITTING, AND BIDDING SUPPORT FOR LANE ADDITIONS GENERALLY LOCATED AT SW 87TH AVENUE AND SW 168TH STREET; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT AND ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED NINETY-NINE THOUSAND NINE HUNDRED TWENTY DOLLARS AND ZERO CENTS ($99,920.00); AND PROVIDING 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, ADOPTING A COMPREHENSIVE TRAVEL AND EXPENSE REIMBURSEMENT POLICY; ESTABLISHING A LOWEST COST DUTY AND MOST ECONOMICAL MEANS REQUIREMENT; SETTING MAXIMUM CAPS FOR MEALS AND LODGING; RESTRICTING TIPS AND GRATUITIES; PROHIBITING PARKING NEAR TRANSIT STATIONS; PROHIBITING AUTOMOBILE-RELATED REIMBURSEMENTS WHEN A CAR ALLOWANCE IS PAID; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Vice Mayor Mark Merwitzer)

 
H.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ESTABLISHING TREE PRESERVATION PROTOCOLS FOR ALL VILLAGE-OWNED OR LEASED PROPERTY; REQUIRING EARLY IDENTIFICATION OF TREE RESOURCES DURING PROJECT PLANNING; PRIORITIZING ON-SITE PROTECTION AND PRESERVATION OF SPECIMEN TREES CONSISTENT WITH THE VILLAGE CODE AND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP); ESTABLISHING KEY PERFORMANCE INDICATORS AND REPORTING REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Vice Mayor Mark Merwitzer) (Deferred from the July 7, 2025, Regular Council Meeting Agenda) 

 
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.