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 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, JULY 7, 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.

Recognition of the Florida Panthers - Repeat Stanley Cup Champions of the National Hockey League

3.

APPROVAL OF MINUTES

A.

Regular Council Meeting (June 2, 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

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 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. Recognition of the Florida Panthers – Repeat Stanley Cup Champions of the National Hockey League 3. APPROVAL OF MINUTES A. Regular Council Meeting (June 2, 2025) 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, JULY 7, 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

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: July 2025 8. BOARD AND COMMITTEE REPORTS A. Art-in-Public Places Advisory Board Meeting (March 13, 2025) B. Charter Revision Commission Meeting (April 16, 2025) C. Charter Revision Commission Meeting (May 28, 2025) D. Education Advisory Committee Meeting (February 25, 2025) E. Parks & Recreation Committee Meeting (March 6, 2025) F. Resiliency Committee Meeting (February 27, 2025) G. Resiliency Committee Meeting (April 24, 2025) H. Tree Advisory Board Meeting (January 27, 2025) I. Youth Community Involvement Task Force Meeting (January 31, 2025) 9. EMERGENCY ORDINANCES WITH PUBLIC HEARING 10. ORDINANCES FOR SECOND READING AND PUBLIC HEARING 11. ORDINANCES FOR FIRST READING WITH PUBLIC COMMENTS 2

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) 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 BUISSNESS”, “PROPOSED AGENDA ITEMS”, AND “AGENDA CLOSING DATES”; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Village Attorney John Dellagloria) 12. CONSENT AGENDA 13. RESOLUTIONS REQUIRING PUBLIC HEARING A. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO AD VALOREM TAXES; ESTABLISHING THE PROPOSED MAXIMUM MILLAGE RATE AND SETTING THE DATES, TIMES, AND LOCATION FOR THE FIRST AND SECOND BUDGET HEARINGS FOR FY 2025-2026; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Finance Director, Desmond Chin) 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 SELECTION OF THE UNSOLICITED PROPOSAL BY DIADEM SPORTS, LLC. TO PROVIDE PICKLEBALL MANAGEMENT AND OPERATIONS SERVICES FOR AN INDOOR PICKLEBALL FACILITY WITHIN THE VILLAGE-OWNED VACANT PARCEL (FOLIO NO. 33-5033-000-0862); AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH DIADEM SPORTS, LLC BASED ON THE PROPOSAL RECEIVED AND AMENDMENTS PROPOSED AT THE JUNE 2, 2025, VILLAGE COUNCIL MEETING; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Procurement Specialist, Alessia Bencomo) (Deferred from the Regular Council Meeting of June 2, 2025) B. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATED TO PROCUREMENT; AMENDING RESOLUTION NO. 2024-66, APPROVING FUNDING FOR DESIGN-BUILD SERVICES AND CONSTRUCTION OF AN OUTDOOR PICKLEBALL CENTER ON VILLAGE-OWNED PROPERTY; INCREASING THE APPROVED FUNDING ALLOCATION FROM ONE MILLION SIX HUNDRED SEVENTY-SIX THOUSAND FIVE HUNDRED SIXTY-FOUR DOLLARS AND EIGHTY-TWO CENTS ($1,676,564.82), TO AN AMOUNT NOT TO EXCEED THREE MILLION THREE HUNDRED TWENTY-FOUR THOUSAND FIVE HUNDRED TWELVE DOLLARS AND SEVENTY-THREE CENTS ($3,324,512.73); FURTHER AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH 3

WAYPOINT CONTRACTING, INC. FOR THE DESIGN-BUILD SERVICES AND CONSTRUCTION OF AN INDOOR PICKLEBALL CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Parks and Recreation Director, Fanny Carmona) (Deferred from the Regular Council Meeting of June 2, 2025) C. 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 June 2, 2025 of June 2, 2025) D. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO SUSTAINABILITY AND RESILIENCY; ACCEPTING AND ADOPTING THE RESULTS AND FINDINGS OF THE VILLAGE OF PALMETTO BAY RESILIENCE ACTION PLAN AND VULNERABILITY ASSESSMENT; OPTIMIZING ITS USAGE TO PROTECT AND PRESERVE THE VILLAGE’S ENVIRONMENT AND COMMUNITY; AND PROVIDING AN EFFECTIVE DATE (Sponsored by Administration and Prepared by Sustainability & Resiliency Planner, Andrea Candelaria) E. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REQUIRING VILLAGE COUNCIL APPROVAL OF OUTSIDE COUNSEL THAT COMBINES LEGAL SERVICES WITH LOBBYING SERVICES EXCEEDING FIFTY THOUSAND ($50,000) DOLLARS; REQUIRING BILLING STATEMENTS ITEMIZING LEGAL SERVICES SEPARATELY FROM LOBBYING SERVICES; PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Councilmember Patrick Fiore) F. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ESTABLISHING THE “PALMETTO BAY ADOPT-A- PET PROGRAM” TO REIMBURSE RESIDENTS FOR ADOPTION FEES WHEN ADOPTING PETS FROM MIAMI-DADE COUNTY ANIMAL SERVICES; ALLOCATING FUNDS FOR THIS PURPOSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Councilmember Marsha Matson) G. 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) 4

H. 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 Councilmember Steve Cody) 15. OTHER BUSINESS 16. COUNCIL COMMENTS 17. NEXT MEETING AND ADJOURNMENT MONDAY, SEPTEMBER 8, 2025, AT 7:00 PM 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. 5

6

AGENDA ITEM NO. 3.A Item Cover Page DATE: July 7, 2025 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Regular Council Meeting (June 2, 2025) SUGGESTED ACTION: REGULAR COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2025-06-02 Regular-Minutes Exhibit A-Public Comments by Form 7

MINUTES Regular Council Meeting – June 2, 2025 Page 1 of 19 1 2 3 4 5 MINUTES6 REGULAR COUNCIL MEETING7 MONDAY, JUNE 2, 2025 – 7:00 PM8 VILLAGE HALL MUNICIPAL CENTER,9 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 3315710 11 Preceding the Regular Council Meeting, Mayor Karyn Cunningham and the Village Council led12 the following proclamations, awards, and presentations.13 14 2. PROCLAMATIONS, AWARDS, AND PRESENTATIONS:15 16 A. Recognition of Rising Star Foundation Student Entrepreneurs17 18 B. Recognition of PTA/PTSA Presidents (Coral Reef Elementary School, Dr. Henry E.19 Perrine Academy of the Arts, Howard Drive Elementary School, Palmetto Middle20 School, Southwood Middle School, and Miami Palmetto Senior High School)21 22 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND23 DECORUM STATEMENT, IN THAT ORDER.24 25 Mayor Karyn Cunningham called the Regular Council Meeting to order at 7:01 p.m.26 27 The following members of the Village Council were present during the roll call:28 Mayor Karyn Cunningham29 Vice Mayor Mark Merwitzer30 Councilmember Patrick Fiore31 Councilmember Steve Cody32 Councilmember Marsha Matson33 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 The invocation was led by Councilmember Patrick Fiore and the pledge of allegiance was40 led by resident, Jim Haas.41 42 3. APPROVAL OF MINUTES43 44 A. Special Council Meeting (April 28, 2025)45 46 Vice Mayor Mark Merwitzer motioned to approve the minutes. Councilmember Patrick47 8

MINUTES Regular Council Meeting – June 2, 2025 Page 2 of 19 Fiore seconded the motion. The minutes were approved (4-1), with Councilmember1 Steve Cody opposed.2 3 4. REQUESTS, PETITIONS, AND PUBLIC COMMENTS: The following speakers spoke for4 a time allotment of three minutes:5 6  Eric Tullberg (7884 SW 179th Terrace) – urged the Council to consider bike7 pedestrian facilities in the upcoming fiscal year budget.8 9  Jeffrey Epstein (6210 Paradise Point Drive) – urged the Council to support indoor10 pickleball and explained why inside courts are needed in the Village.11 12  Vitality Falcovitch (9280 SW 167th Terrace) – explained that he feels safe within the13 community and stated that he is a proud resident of the Village.14 15  Gary Pastorella (6940 SW 142nd Terrace) – reported that it is time to change all east16 and west corridors to be set up with the same 35 miles per hour to be at the same17 speed.18 19  Carol Vega (8845 SW 178th Terrace) – spoke opposed to Council receiving a20 monthly car allowance.21 22  Haydee Sanchez (8825 SW 178th Terrace) – urged the Council to reverse the $40023 monthly car allowance decision made by the Manager.24 25 The Village Council unanimously agreed to forgo the reports of the Manager, Attorney, and26 Clerk.27 28 5. VILLAGE MANAGER’S REPORT29 30 A. Departmental Updates: The Manager’s detailed report was part of the agenda31 packet.32 B. Police Commander Report33 34 6. VILLAGE ATTORNEY’S REPORT35 36 A. Monthly Report37 B. Litigation Update38 C. Litigation Expenses39 40 7. VILLAGE CLERK’S REPORT41 42 A. Calendar update: June 202543 44 8. BOARD AND COMMITTEE REPORTS: None.45 46 9. EMERGENCY ORDINANCES WITH PUBLIC HEARING: None.47 48 9

MINUTES Regular Council Meeting – June 2, 2025 Page 3 of 19 10. ORDINANCES FOR SECOND READING AND PUBLIC HEARING: None.1 2 11. ORDINANCES FOR FIRST READING WITH PUBLIC COMMENTS: None.3 4 12. CONSENT AGENDA: None.5 6 13. RESOLUTIONS REQUIRING A PUBLIC HEARING: None.7 8 14. RESOLUTIONS WITH PUBLIC COMMENT9 10 A. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF11 PALMETTO BAY, FLORIDA, APPROVING A SETTLEMENT AGREEMENT12 BETWEEN 17777 OLD CUTLER ROAD, LLC, A GEORGIA LIMITED LIABILITY13 COMPANY, AND THE VILLAGE OF PALMETTO BAY, FLORIDA, A FLORIDA14 MUNICIPAL CORPORATION, REGARDING THE DEVELOPMENT OF THE15 PROPERTY LOCATED AT 17777 OLD CUTLER ROAD; AND PROVIDING AN16 EFFECTIVE DATE. (Sponsored by Administration and prepared by Village17 Manager, Nick Marano)18 19 Item 14A was moved by Councilmember Patrick Fiore and seconded by20 Councilmember Steve Cody.21 22 The following person spoke in-favor of the Resolution during public comment for a23 time allotment of three minutes:24 25  Eric Tullberg (7884 SW 179th Terrace)26 27 The following persons spoke opposed to the Resolution during public comment for28 a time allotment of three minutes:29 30  Alex Lopez (7761 SW 180th Terrace); Alexandra Franchesca (16120 SW 74th31 Court); Carmen Rodriguez (7760 SW 180th Street); Edward Varona (886132 SW 196th Drive); Beverly Gerald (14271 SW 74th Court); Colin Price (770533 SW 183rd Terrace); Marta Gillete (15721 SW 83rd Avenue); Richard34 Buchanan (9271 SW 180th Street); Giselle Giardano (7740 SW 183rd35 Terrace); Christine Acosta (7440 SW 162nd Street); Reuben Diaz (7600 SW36 180th Terrace); Heidi Faller (7525 SW 179th Terrace); Janet Reed (17721 SW37 92nd Avenue); Craig Grossenbacher (7245 SW 167th Street); Robert Medina38 (8040 SW 178th Street); Liv Acosta (7440 SW 162nd Street); John DuBois39 (17575 Old Cutler Road); Pamela Carr (7740 SW 180th Terrace); Michele40 Hoffman (7841 SW 181st Terrace); Mark Reese (16625 SW 80th Avenue);41 Eugene Flinn (8261 SW 162nd Street); David Mora (7440 SW 162nd Street);42 Richard Grillo (7500 SW 174th Street).43 44 The following persons spoke neutral to the Resolution during public comment for a45 time allotment of three minutes:46 47  Henry Clifford (8875 SW 171st Street); Patricio Gonzalez (7420 SW 174th48 10

MINUTES Regular Council Meeting – June 2, 2025 Page 4 of 19 Street); Timothy Coiner (7950 SW 184th Street).1 2 Following the in-person public comments, Village Clerk Missy Arocha read the public3 comments submitted by form, attached as “Exhibit A”4 5 Village Attorney John Dellagloria illustrated a PowerPoint presentation on the legal6 aspects of the Settlement Agreement. During the presentation, he explained the7 Palmetto Bay Village Center Timeline, the Settlement Agreement, site plan, and8 three requests of the proposal.9 10 Ms. Eileen Mehta, legal counsel for the property owner of 17777 Old Cutler Road a,11 provided remarks regarding ongoing litigation and the potential resolution through12 the proposed Settlement Agreement. She reported that her client is entitled to 45513 vested units by court order and referenced the “Live Local Act,” which, if applied,14 could allow development of over 2,300 units on the property. However, she15 emphasized that her client wishes to work collaboratively with the Village to develop16 the property in compliance with existing laws and within the parameters of the court17 order.18 19 Ms. Mehta indicated that conversations had previously taken place with the Village’s20 former Planning Director to explore options for settling outstanding legal matters21 comprehensively and amicably. She explained that both parties have made22 compromises and that the proposed settlement agreement aligns with the law in23 place at the time her client acquired the property and stated that the property owner24 is seeking to move forward with a development plan that does not require public25 hearings and can be administratively approved. Ms. Mehta stated that this approach26 is consistent with guidance previously received from the Village and would help bring27 finality to the litigation in a manner that is legally compliant and beneficial to the28 community.29 30 Regarding conservation efforts, Ms. Mehta reiterated the property owner’s31 commitment to conserving the 22-acre parcel of environmentally sensitive land and32 stated that the agreement provides the option for the property owner to either33 conserve the land directly or donate it, subject to Village review and34 recommendation. She reported that maintaining this parcel would represent a35 considerable cost, which the property owner is willing to assume. The land, if36 donated, could also be conveyed to Miami-Dade County’s Environmentally37 Endangered Lands (EEL) Program or the Trust for Public Land. Ms. Mehta38 emphasized that the flexibility built into the agreement ensures that conservation39 remains a central goal.40 41 On the matter of ongoing maintenance, Ms. Mehta acknowledged that the primary42 issue is the removal and management of invasive plant species and stated that it is43 costly and that the property owner is committed to continuing these efforts at their44 own expense.45 46 Following the comments made by the property owner’s legal counsel, Ms. Mehta,47 the Council raised questions on the proposed settlement agreement.48 11

MINUTES Regular Council Meeting – June 2, 2025 Page 5 of 19 1 Mayor Cunningham questioned the proposed land donation and maintenance2 responsibilities and acknowledged that Village staff had expressed concerns about3 accepting the 22-acre parcel due to the long-term maintenance costs. She asked4 whether the option to donate the land remained open; what the estimated cost of5 maintenance might be, given the current condition of the property; and whether a6 formal maintenance agreement could be explored in the event the Village accepts7 the land, to ensure that the burden of maintenance does not fall on the Village.8 9 Mayor Karyn Cunningham recommended consideration of a potential hybrid10 approval process—for example, a 50/50 approach—where certain components of11 the proposed development could be subject to administrative review while others12 may follow a different approval track.13 14 Ms. Mehta responded that the property owner is open to various options and that15 the agreement provides the necessary flexibility for the Village to make16 determinations. She clarified that any administrative review process would remain17 under the Village’s authority, with full rights to accept or deny applications. The18 property owner would also bear the associated costs, reducing the burden on Village19 staff. She reaffirmed the property owner's desire to resolve matters cooperatively20 and reiterated that conservation of the 22-acre parcel remains the top priority.21 22 Ms. Elizabeth Plater-Zyberk with DPZ CoDesign (architect and firm representing the23 property owner, 17777 Old Cutler Road, demonstrated a PowerPoint Presentation24 on the site plan. She explained that Laguna Vista is intended to serve Palmetto Bay25 and neighboring communities as a new village center, a mixed-use and pedestrian-26 oriented destination for living, working, shopping, and community activities. The27 presentation illustrated the following information:28  Former Burger King Headquarters built in 198529  Palmetto Bay Context30  FEMA Elevation Exhibit (floodplain location)31  Site Sections32  Sight Lines from Biscayne Bay, Old Cutler Road, and SW 184th Street33  Master Plan and Context34  Program35 o Food Market – 48,000 sf36 o Commercial (restaurants, retail, entertainment) – 133,000 sf37 o Fitness – 5 stories38 o Hotel – 120 keys39 o Townhouses – 42 du40 o Multifamily – 413 du41  View of South Townhouses42  View of North Townhouses43  Mall View from Above44  Mall View at Eye Level45  Sustainability: Reducing Emissions46  Resilience: Reducing Heat47 12

MINUTES Regular Council Meeting – June 2, 2025 Page 6 of 19  Architectural Precedents1 2 Following the architectural presentation, Ms. Plater-Zyberk answered questions3 raised by the Council regarding the proposed site plan that aligns with the settlement4 agreement.5 6 Council Discussion7 Vice Mayor Mark Merwitzer explained his concerns regarding the process followed8 in presenting the proposed 30-year development agreement to the public. He9 characterized it as one of the most significant decisions in Palmetto Bay’s history.10 He reported a lack of transparency and meaningful public outreach, emphasizing11 that the prior administration had taken steps to inform residents through various12 communication channels, such as signage and timely updates. He reported that in13 the two weeks leading up to the meeting, the Village’s official Facebook page posted14 many updates, none of which pertained to the proposed development agreement.15 He spoke opposed to the timing of the communication the Village made to the16 residents in the community, stating that posting details the night before the meeting17 was inadequate and amounted to doing the bare minimum in terms of public18 engagement in his opinion and urged the Council to vote against the proposal.19 20 Councilmember Marsha Matson offered several suggestions to mitigate traffic21 concerns, including the implementation of a Village-operated shuttle system. She22 recommended a commuter shuttle service to connect with the South Dade Metrorail23 Station and/or the Busway, as well as a school shuttle to reduce school-related24 congestion. She also proposed including a smaller-scale grocery store and a modest25 fitness center in the project, noting that a reduced footprint co