Regular Council

Agenda (non-virtual)

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 Quick

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, DECEMBER 1, 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 to Deputy Sheriff Keith A. White in recognition of of his retirement from the Miami-Dade Sheriff's Office (Village's Policing Unit)

B.

Recognition of Colonel Nicholas Marano, US Marine Corps. in honor of the 2025 Village of Palmetto Bay Commander Clarence "Bill" Gregg Service Award)

C.

Recognition of Omar Valerio from Westminster Christian School (Microsoft Innovative Educator Expert Award)

D.

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

3.

APPROVAL OF MINUTES

A.

Regular Council Meeting (November 3, 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

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 Quick Village Clerk Missy Arocha 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 to Deputy Sheriff Keith A. White in recognition of of his retirement from the Miami-Dade Sheriff's Office (Village's Policing Unit) B. Recognition of Colonel Nicholas Marano, US Marine Corps. in honor of the 2025 Village of Palmetto Bay Commander Clarence "Bill" Gregg Service Award) VILLAGE OF PALMETTO BAY 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, DECEMBER 1, 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

C. Recognition of Omar Valerio from Westminster Christian School (Microsoft Innovative Educator Expert Award) D. Recognition of O'Neil Cooper in honor of Project Green Roof: The Impact of Social Media on Green Roofs 3. APPROVAL OF MINUTES A. Regular Council Meeting (November 3, 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. Attorney Expenses B. Litigation Update 7. VILLAGE CLERK'S REPORT A. Calendar Update: December 2025 8. BOARD AND COMMITTEE REPORTS A. Resiliency Committee Meeting (June 26, 2025) B. Youth Community Involvement Task Force Meeting (October 24, 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 TO PARKS AND RECREATION; AMENDING THE FEE SCHEDULES IN CHAPTER 20, ARTICLE 1, SECTIONS 20-1 AND 20-2 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT, CODIFICATION SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Parks & Recreation Director, Fanny Carmona) (Passed on First Reading on October 20, 2025, Special Council Meeting) 2

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 SESSONS 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) (Passed on First Reading on November 3, 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 1 “GENERAL PROVISIONS”, SECTION 1-2 OF THE VILLAGE CODE DEFINING THE TERM CENSURE; AMENDING CHAPTER 2 TO CREATE SECTION 2-25 “CENSURE”; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) B. AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO YOUTH ENTREPRENEURSHIP IN VILLAGE PARKS; AMENDING CHAPTER 20 OF THE VILLAGE CODE OF ORDINANCES TO CREATE A YOUTH ENTREPRENEURSHIP VENDING PROGRAM WITHIN ARTICLE II, RULES AND REGULATIONS, PROVIDING FOR DESIGNATED YOUTH VENDOR ZONES AT CORAL REEF PARK AND PALMETTO BAY PARK; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Vice Mayor Mark Merwitzer) 12. CONSENT AGENDA A. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; ACCEPTING THE RECOMMENDATION OF THE EDUCATION ADVISORY COMMITTEE; SUPPORTING THE 2026 STATE LEGISLATIVE AGENDA OF MIAMI-DADE COUNTY PUBLIC SCHOOLS; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) B. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE PUBLIC MEETINGS FOR CALENDAR YEAR 2026; SCHEDULING THE FOLLOWING PUBLIC MEETINGS OF THE VILLAGE COUNCIL: REGULAR COUNCIL MEETINGS; ZONING AND LAND DEVELOPMENT MEETINGS; COMMITTEE OF THE WHOLE WORKSHOPS; AND BUDGET WORKSHOPS; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Village Clerk Missy Arocha) C. 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, TO OUR LADY OF THE HOLY ROSARY ST. RICHARD CATHOLIC SCHOOL ON SUNDAY, MARCH 8, 2026, FOR THE PURPOSE OF HOSTING A SCHOOL GALA; AND 3

PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Parks & Recreation Director, Fanny Carmona) 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 SURPLUS PROPERTY; AUTHORIZING THE VILLAGE MANAGER TO AUCTION SURPLUS PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF THE VILLAGE’S PROCUREMENT CODE AND FLORIDA STATUTES, AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and Prepared by Procurement Specialist, Alessia Bencomo) B. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO GRANTS; ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE WATER QUALITY IMPROVEMENT GRANT PROGRAM IN THE AMOUNT OF $1,435,500 TO FUND THE CONSTRUCTION OF SUB-BASIN 12 AND SUB-BASIN 42; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT AGREEMENT AND OTHER RELATED DOCUMENTS ON BEHALF OF THE VILLAGE, AND PROVIDING AN EFFECTIVE DATE. ( Sponsored by Administration and prepared by Grants Administrator, Christina Cotto and Public Services Director, Dionisio Torres) C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, CONFIRMING THE VILLAGE’S COMMITMENT TO CONTINUE IBUS OPERATIONS THROUGH THE END OF FISCAL YEAR 2026; PROVIDING THAT DURING BUDGET WORKSHOPS THE VILLAGE WILL REVIEW TRANSIT OPTIONS, CAPITAL EXPENDITURE REQUIREMENTS, AND SOLICIT RESIDENT INPUT TO DETERMINE THE MOST APPROPRIATE TRANSIT SOLUTION FOR THE VILLAGE; 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, REQUIRING THE VILLAGE COUNCIL TO FORWARD TO THE VOTERS ALL REVISIONS RECOMMENDED BY THE CHARTER REVISION COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) E. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ESTABLISHING THE “PALMETTO BAY PALS” VOLUNTEER WELLNESS CHECK PROGRAM TO SUPPORT RESIDENTS LIVING ALONE; DIRECTING THE VILLAGE MANAGER TO DESIGN AND IMPLEMENT A PILOT PROGRAM PROVIDING SCHEDULED WELLNESS CALLS AND RELATED SUPPORT; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO PARTNERSHIPS WITH SCHOOLS AND NONPROFIT ORGANIZATIONS FOR VOLUNTEER RECRUITMENT AND TRAINING; PROVIDING FOR PROGRAM PARAMETERS, INCLUDING ELIGIBILITY, VOLUNTEER SCREENING, 4

EMERGENCY PROTOCOLS, AND REPORTING; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice Mayor Mark Merwitzer) 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 DISABILITIES 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. 5

AGENDA ITEM NO. 3.A Item Cover Page DATE: December 1, 2025 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Regular Council Meeting (November 3, 2025) SUGGESTED ACTION: REGULAR COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2025-11-03 Regular-Minutes Exhibit A 6

MINUTES Regular Council Meeting – Monday, November 3, 2025 Page 1 of 15 1 2 3 4 MINUTES5 REGULAR COUNCIL MEETING6 MONDAY, NOVEMBER 3, 2025 – 7:00 PM7 VILLAGE HALL MUNICIPAL CENTER8 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331579 10 2. PROCLAMATIONS, AWARDS, AND PRESENTATIONS:11 12 The Mayor and Village Council presented the following proclamations at 6:30 p.m.13 14 A. Proclamation in honor of Epilepsy Awareness Month15 B. Recognition of resident, Robert L. Wallis, LCDR (Ret.) on his promotion to Miami-16 Dade Fire Rescue’s First Chief Pilot17 C. Recognition of O’Neil Cooper in honor of Project Green Roof: The Impact of Social18 Media on Green Roofs19 20 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND21 DECORUM STATEMENT, IN THAT ORDER.22 23 Mayor Karyn Cunningham called the Regular Council Meeting to order at 7:00 p.m.24 25 The following members of the Village Council were present during the roll call:26 Mayor Karyn Cunningham27 Vice Mayor Mark Merwitzer28 Councilmember Steve Cody29 Councilmember Marsha Matson30 31 Councilmember Patrick Fiore was not present during roll call but arrived to the meeting at32 approximately 8:00 p.m.33 34 The following Charter Officers were present during the roll call:35 Village Manager Nick Marano36 Village Attorney John Dellagloria37 Village Clerk Missy Arocha38 39 A moment of silence was held in honor of the people who were directed impacted by40 Hurricane Melissa in Jamaica.41 42 Boy Scout Troop #840 of St. Louis Catholic Church led the pledge of allegiance.43 44 3. APPROVAL OF MINUTES45 46 A. Regular Council Meeting (October 6, 2025)47 7

MINUTES Regular Council Meeting – Monday, November 3, 2025 Page 2 of 15 1 Vice Mayor Mark Merwitzer motioned to approve the minutes. Mayor Karyn2 Cunningham seconded the motion. The minutes passed (3-1); Councilmember Steve3 Cody voted opposed.4 5 Councilmember Marsha Matson motioned to add the following Resolution to the6 Resolutions section of the meeting agenda due to time sensitivity: A RESOLUTION OF7 THE MAYOR AND VILLLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY,8 FLORIDA; REQUIRING THE VILLAGE COUNCIL TO FORWARD TO THE VOTERS9 ALL REVISIONS RECOMMENDED BY THE CHARTER REVISION COMMISSION;10 AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha11 Matson).12 13 Vice Mayor Mark Merwitzer seconded the motion. The motion failed (2-2);14 Councilmember Steve Cody and Mayor Karyn Cunningham voted opposed.15 16 4. REQUESTS, PETITIONS, AND PUBLIC COMMENTS: The following speakers spoke for17 a time allotment of three minutes:18 19  Jorge Pulido (16025 SW 89th Avenue Road) urged the Council to create legislation20 regarding “censure” and explained that censorship is not found in the Code of21 Ordinances and urged the Council to vote opposed to item 14C.22 23  Gary Pastorella (6940 SW 142nd Terrace) spoke opposed to Vice Mayor Mark24 Merwitzer’s proposal on the Luxcom case.25 26  David Singer (8360 SW 154th Terrace) asked Councilmember Steve Cody to step27 down from office.28 29  Vitality Falcovitch (9380 SW 167th Terrace) stated that the Village has one of the30 best policing stations in the county.31 32  Karen Baez Wallis (7380 SW 141st Terrace) urged the Council to push the county33 on whether or not the Village is going to purchase the parcel of land known as34 Tanglewood Linear Park and thanked the Manager for the traffic calming initiatives35 along SW 74th Avenue.36 37  Madeline Roman (9383 SW 182nd Street) urged the Village to take a look at38 completing the grid along SW 77th Avenue.39 40  Beverly Gerald (14271 SW 74th Court) reported that she rejects the purchase of the41 Tanglewood Linear Park and explained that she was disappointed with how the42 decision was made with the selection of the new attorney.43 44 Following the in-person comments, Village Clerk Missy Arocha read the public comments45 submitted by form, attached as “Exhibit A”.46 47 48 49 8

MINUTES Regular Council Meeting – Monday, November 3, 2025 Page 3 of 15 5. VILLAGE MANAGER’S REPORT1 2 A. Departmental Updates: The Manager’s detailed report was part of the agenda3 packet. During his live report, he illustrated a PowerPoint presentation of all village4 wide departments and answered questions raised by the Council.5 6 Following the Manager’s report, Vice Mayor Mark Merwitzer inquired whether7 residents could select a color palette for the Village Hall.8 9 Village Manager Nick Marano reported that while it is possible if directed by the10 Council, this option was not included in the contractor’s scope of services. He11 suggested that administration return in December with options if the Council wishes12 to pursue this approach.13 14 Vice Mayor Mark Merwitzer made a motion to proceed with resident input.15 Councilmember Marsha Matson seconded the motion. The motion failed (2-2);16 Councilmember Steve Cody and Mayor Karyn Cunningham voted opposed.17 18 Vice Mayor Mark Merwitzer asked about the decision process regarding the19 agreement to use Publix for iBus pick-ups, citing concerns about the process and20 timeline.21 22 Village Manager Nick Marano explained that notice was received in the morning by23 the county that prohibits the use of the busway, necessitating an immediate24 alternative and that a safe pedestrian crosswalk near Dadeland Station was25 identified to ensure student safety while a longer-term solution is developed between26 the Village and the county.27 28 Vice Mayor Mark Merwitzer requested that the Council acknowledge resident29 concerns regarding sudden changes to iBus service, particularly safety issues with30 children crossing in the dark.31 32 Village Manager Nick Marano explained that residents could contact the Village33 administration directly, though Vice Mayor Mark Merwitzer reported that constituents34 often prefer speaking with elected officials directly.35 36 Mayor Karyn Cunningham reported a prior resident concern regarding Tanglewood37 Linear Park and stated that the homeowner has sold the property and requested38 that the Village Attorney clarify in December the process for handling applications39 when property ownership changes.40 41 Councilmember Marsha Matson questioned the absence of the fence at the42 pickleball site.43 44 Village Manager Nick Marano reported that a construction fence will be installed and45 that no building permit has been submitted yet.46 47 Mayor Karyn Cunningham inquired if SW 168th Street was related to the water48 project.49 9

MINUTES Regular Council Meeting – Monday, November 3, 2025 Page 4 of 15 Village Manager Nick Marano confirmed it was not and explained that it was1 associated with a property across Christ Fellowship Church.2 3 Mayor Karyn Cunningham questioned if paving would occur in affected areas.4 5 Village Manager Nick Marano explained that contractors provide temporary patches,6 which are replaced with final paving after inspection and that heavy rain caused one7 patch to fail and the contractor was notified immediately.8 9 Mayor Karyn Cunningham asked for an update to the SW 156th Street projected.10 11 Village Manager Nick Marano clarified it is part of the sub-basin project, with partial12 paving already completed.13 14 Councilmember Marsha Matson reported that the Village was approaching the $115 million threshold for the Luxcom case and raised concerns regarding fee waivers for16 park services, particularly for non-Palmetto Bay entities, while affirming support for17 Palmetto Bay Charities.18 19 B. The Police Commander Report was provided and illustrated for the month of20 October 2025 by Sergeant Michael Chang.21 22 6. VILLAGE ATORNEY’S REPORT23 24 A. Village Attorney John Quick thanked everyone and stated that he did not have any25 expenses or reports to report for the month and explained that all expense reports26 will be provided moving forward.27 28 7. VILLAGE CLERK’S REPORT29 30 A. The Village Clerk provided a calendar update for November 2025.31 32 8. BOARD AND COMMITTEE REPORTS33 34 Councilmember Steve Cody motioned to approve the Board and Committee Reports.35 Councilmember Marsha Matson seconded the motion. All voted in favor (5-0). The36 motion carried unanimously.37 38 A. Art-in-Public Places Advisory Board Meeting (July 10, 2025)39 40 Jorge Pulido, Chair of the Education Advisory Committee provided an update on behalf of41 the Committee and explained the Committee’s ongoing commitment to the education42 component of the Village, emphasizing efforts to keep the community informed about43 legislative measures affecting property taxes and the HOPE program’s potential44 involvement with neighborhood schools. He reported that Committee encourages parents45 to stay engaged and informed as these discussions progress and reported on the46 importance of maintaining connections with District 9 and staying in touch with School47 Board Member Luisa Santos’ office via social media channels and other opportunities for48 involvement. He also encouraged residents to attend the upcoming Choice Expo and49 10

MINUTES Regular Council Meeting – Monday, November 3, 2025 Page 5 of 15 related events to explore school options and stated that copies of materials related to the1 expo were provided to the Village Clerk for dissemination and committee use.2 3 Mayor Karyn Cunningham requested that the materials be sent electronically so that the4 Communications Department can ensure they are posted and shared with the public on5 the Village’s social media outlets.6 7 9. EMERGENCY ORDINANCES WITH PUBLIC HEARING: None.8 9 10. ORDINANCES FOR SECOND READING AND PUBLIC HEARING10 11 A. AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF12 PALMETTO BAY, FLORIDA, CREATING CHAPTER 33 TO THE VILLAGE CODE13 OF ORDINANCES TITLED “POLICY FOR THE REQUIRED USE OF VILLAGE14 ISSUED DEVICES;” ESTABLISHING REQUIREMENTS FOR THE USE OF15 ELECTRONIC DEVICES DURING PUBLIC MEETINGS; REQUIRING THE USE16 OF VILLAGE-ISSUED DEVICES BY VILLAGE COUNCIL MEMBERS AND17 CHARTER OFFICERS; PROHIBITING UNAUTHORIZED NETWORK ACCESS;18 ESTABLISHING COMPLIANCE PROCEDURES; PROVIDING FOR19 ENFORCEMENT PROVIDING AN EFFECTIVE DATE. (Sponsored by20 Administration and Prepared by Village Manager, Nick Marano) (Passed on First21 Reading at October 6, 2025, Regular Council Meeting)22 23 Item 10A was moved by Councilmember Steve Cody and seconded by24 Councilmember Patrick Fiore.25 26 The following speaker spoke in favor of the Ordinance during public comment: Gary27 Pastorella (16025 SW 89th Avenue Road).28 29 The following speaker spoke opposed to the Ordinance during public comment:30 Beverly Gerald (14271 SW 74th Court).31 32 Vice Mayor Mark Merwitzer and Councilmember Marsha Matson spoke in opposition33 to the Ordinance on Second Reading.34 35 No amendments were offered by the Village Council to the Ordinance on Second36 Reading.37 38 Village Manager Nick Marano responded to questions raised by the Council39 regarding the item.40 41 The Ordinance passed on Second Reading by a roll call vote of (3-2) as follows:42 43 o Vice Mayor Mark Merwitzer - NO44 o Mayor Karyn Cunningham - YES45 o Councilmember Patrick Fiore - YES46 o Councilmember Steve Cody - YES47 o Councilmember Marsha Matson - NO48 49 11

MINUTES Regular Council Meeting – Monday, November 3, 2025 Page 6 of 15 B. AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF1 PALMETTO BAY, FLORIDA, REGARDING LITIGATION INITIATED BY A2 COUNCILMEMBER AGAINST THE VILLAGE OR A COUNCILMEMBER;3 REQUIRING THAT THE COUNCILMEMBER INITIATING SUCH LITIGATION, OR4 ANY ENTITY OWNED OR CONTROLLED BY THAT COUNCILMEMBER, SHALL5 BE RESPONSIBLE FOR PAYING ATTORNEYS’ FEES AND COURT COSTS IF6 THE VILLAGE OR COUNCILMEMBER NAMED AS A DEFENDANT IS7 DETERMINED TO BE THE PREVAILING PARTY; PROVIDING FOR8 CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by9 Councilmember Marsha Matson) (Passed on First Reading at the October 6, 2025,10 Regular Council Meeting)11 12 Item 10B was moved by Councilmember Patrick Fiore and seconded by13 Councilmember Marsha Matson.14 15 The following speakers spoke in favor of the Ordinance during public comment:16 Beverly Gerald (14271 SW 74th Court) and John Waters (16900 SW 88th Court).17 18 The following speakers spoke opposed to the Ordinance during public comment:19 Gary Pastorella (6940 SW 142nd Terrace) and Vitality Falcovitch (9380 SW 167th20 Terrace).21 22 Councilmember Marsha Matson reported on the potential litigation costs, noting that23 approximately $50,000 was initiated by a Councilmember to sue the Village and the24 Vice Mayor over a perceived matter. She referenced the Manager’s report, which25 indicated $24,708 in related expenditures, and estimated total potential litigation26 costs could reach $100,000. She emphasized that these are taxpayer funds and27 advocated for measures to prevent or slow frivolous lawsuits to minimize financial28 impact and the reasoning for bringing the Ordinance forward.29 30 Councilmember Steve Cody referenced potenti