Regular Council Meeting February 13, 2018

MINUTES

## REGULAR COUNCIL MEETING KEY BISCAYNE FLORIDA

TUESDAY FEBRUARY 13 2018

COUNCIL CHAMBER 560 CRANDON BOULEVARD

1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 00 pm Present were Councilmembers Luís de la Cruz Gary R Gross Allison McCormick Brett G Moss Kathleen Petros and Vice Mayor Franklin H Caplan and Mayor Mayra P Lindsay Also present were Village Manager John C Gilbert Village Clerk Jennifer Medina and Village Attorney Stephen J Helfman

2 PLEDGE OF ALLEGIANCE The Mayor led the Pledge of Allegiance

3 INVOCATION Reverend Felipe Assis from the Key Biscayne Presbyterian Church was unable to provide an invocation

4 BRIEF COMMENTS BY COUNCIL Mayor Lindsay addressed the Council regarding her participation at the legislative action days hosted by the Florida League of Cities in Tallahassee Vice Mayor Caplan and Councilmember Moss addressed the Council regarding the need to communicate more effectively to the legislature Vice Mayor Caplan also addressed the Council regarding the success of the Miami Dade County League of Cities Board of Directors Meeting hosted by the Village of Key Biscayne

5 SPECIAL PRESENTATIONS Valentín Sabella from the MAST Academy soccer team addressed the Council regarding being runner up for the Regional Championship

Mr Rodrigo Arboleda Executive Chairman of Fastrack Institute Board of Directors addressed the Council regarding the letter of intent for promoting development of Miami Dade County mobility Fastrack solutions

There was extensive discussion by Council regarding the Fastrack process

---

6 PUBLIC COMMENTS The following residents addressed the Council Michael Davey 50 Ocean Lane Drive York Flik 338 West Heather Drive Fernando Romero 121 Crandon Boulevard and Dieter Sauer 155 Ocean Lane Drive

7 AGENDA Mayor Lindsay requested the addition of a discussion regarding the status of the mini ZORC committee as Item 11A6 Councilmember de la Cruz requested the addition of a discussion regarding Public Works as Item 11A7 the Manager requested the addition of a discussion regarding incorporation park as Item 11D1 Councilmember Petros requested the addition of a discussion regarding Crandon Boulevard stroll as Item 11A8 Vice Mayor Caplan requested to hear Item 11A1 after Item 9 and defer Item 10A to the next regularly scheduled Council Meeting There was no objection to the agenda changes

8 CONSENT AGENDA Mayor Lindsay made a motion to approve the following consent agenda The motion was seconded by Vice Mayor Caplan and approved by a 7 0 voice vote The vote was as follows Councilmembers de la Cruz Gross McCormick Moss Petros Vice Mayor Caplan and Mayor Lindsay voting Yes

The minutes to the August 30 2017 Special Council Meeting

The minutes to the September 19 2017 Special Council Meeting

The minutes to the February 6 2018 Special Council Meeting

## A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING CONCERTED LOCAL ACTIONS TO TAKE STEPS NECESSARY TO RETAIN THE NOAA FISHERIES HEADQUARTERS ON VIRGINIA KEY, PROVIDING FOR TRANSMITTAL, AND PROVIDING FOR AN EFFECTIVE DATE

## 9 ORDINANCES The Clerk read the following ordinance on first reading by title

## AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4 33 “KITEBOARDING,” RELATING TO ADDITIONAL KITEBOARDING REGULATIONS, PROVIDING FOR CODIFICATION PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE

Vice Mayor Caplan made a motion to adopt the ordinance on first reading The motion was seconded by Mayor Lindsay

There was extensive discussion from Council regarding this ordinance

Mayor Lindsay addressed the Council suggesting including holiday weekends such as Memorial Day Independence Day and Labor Day within Section 4 33 (8) There was no objection to the

---

## changes

Councilmember McCormick addressed the Council regarding adding "No more at the beginning of Section 4 33(3) and removing Section 4 33(7) regarding seasonal hours. There was no objection to the changes.

Councilmember Moss addressed the Council regarding the Village's ability to enforce the kiteboarding rules and not limiting the allowed annual number of kiteboarding registrations. It was the consensus of Council to not limit the number of allowed kiteboarding registrations.

It was the consensus of Council to direct the Manager to report back to the Council at the time of second reading of this ordinance regarding an action plan to enforce the Village's kiteboarding rules set forth in this ordinance.

Councilmember Petros addressed the Council regarding including language that will require a signed acknowledgement agreeing to adhere to the Village's Kiteboarding rules at the time of Kiteboarding registration. There was no objection to the changes.

The Mayor opened the public hearing. The following residents addressed the Council Donald Elisburg 177 Ocean Lane York Flik 338 West Heather Drive and Fernando Romero 121 Crandon Boulevard. The Mayor closed the public hearing.

Councilmembers Moss and Petros addressed the Council regarding allowing the use of the kiteboarding equipment only within the kiteboarding channel.

Councilmember Moss also addressed the Council regarding revising Section 4 33(6) to require all persons to attach the Village issued kite streamer onto their harness while kiteboarding. It was the consensus of Council to revise Section 4 33(9) to state the following when not in use and outside the kiteboarding channel all kiteboarding equipment shall be contained within a bag and to revise Section 4 33(6) to require the Village issued kite streamer to be attached onto the harness while kiteboarding.

The ordinance as amended was adopted on first reading by a 70 roll call vote. The vote was as follows Councilmembers de la Cruz Gross McCormick Moss Petros Vice Mayor Caplan and Mayor Lindsay voting Yes.

The Clerk announced the second reading of the ordinance on March 13, 2018.

At this time Item 11A1 was discussed.

There was extensive discussion by Council regarding the letter of intent from Fastrack Institute Inc for mobility solutions.

It was the consensus of Council to direct the Manager to further investigate the concept presented by Fastrack Institute Inc for mobility solutions and present the findings at the February 27, 2018 Regular Council Meeting

10 RESOLUTIONS The following resolution was deferred to the next available regularly scheduled Council Meeting

## A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A LETTER OF INTENT FROM FASTRACK INSTITUTE, INC FOR MOBILITY SOLUTIONS, PROVIDING FOR AUTHORIZATION AND IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE

REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 13, 2018 7:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. INVOCATION: REVEREND FELIPE ASSIS KEY BISCAYNE PRESBYTERIAN CHURCH 4. BRIEF COMMENTS BY COUNCIL 5. SPECIAL PRESENTATIONS: A. MAST ACADEMY BOYS SOCCER TEAM B. PRESENTATION REGARDING FASTRACK INSTITUTE, INC. 6. PUBLIC COMMENTS 7. AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS SUBSTITUTIONS/WITHDRAWAL 8. CONSENT AGENDA: A. AUGUST 30, 2017 MINUTES ..........TAB 1 (SPECIAL COUNCIL MEETING) B. SEPTEMBER 19, 2017 MINUTES ..........TAB 2 (SPECIAL COUNCIL MEETING) C. FEBRUARY 6, 2018 MINUTES ..........TAB 3 (SPECIAL COUNCIL MEETING) D. A RESOLUTION ..........TAB 4

OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING CONCERTED LOCAL ACTIONS TO TAKE STEPS NECESSARY TO RETAIN THE NOAA FISHERIES HEADQUARTERS ON VIRGINIA KEY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. (MAYOR LINDSAY AND VICE MAYOR CAPLAN) 9. ORDINANCES: A. FIRST READING 1.) AN ORDINANCE ..........TAB 5 OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4-33 “KITEBOARDING,” RELATING TO ADDITIONAL KITEBOARDING REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE COUNCIL) OPEN FOR PUBLIC COMMENTS (SECOND READING ON MARCH 13, 2018) 10. RESOLUTIONS: A. A RESOLUTION ..........TAB 6 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A LETTER OF INTENT FROM FASTRACK INSTITUTE, INC. FOR MOBILITY SOLUTIONS; PROVIDING FOR AUTHORIZATION AND IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (MAYOR LINDSAY) RESCHEDULED FROM JANUARY 23, 2018 REGULAR COUNCIL MEETING B. A RESOLUTION ..........TAB 7 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO THE CORRADINO GROUP, INC. TO PERFORM AN EVALUATION AND APPRAISAL REPORT; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C. A RESOLUTION ..........TAB 8 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO EAC CONSULTING, INC. FOR ENGINEERING

AND DESIGN SERVICES RELATING TO THE K-8 SANITARY SEWER SYSTEM INFRASTRUCTURE RELOCATION AND EXTENSION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) 11. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCILMEMBERS 1.) FASTRACK INSTITUTE, INC. (VICE MAYOR CAPLAN) 2.) FINDING BALANCE WITH COLLABORATIVE APPROACH ON VILLAGE PROJECTS (MAYOR LINDSAY) 3.) STATUS UPDATE- 12/24 MONTH .........TAB 9 COUNCIL SET PRIORITIES/DIRECTIVES (MAYOR LINDSAY) 4.) BIODEGRADABLE DOG WASTE BAGS (COUNCILMEMBER DE LA CRUZ) 5.) FOLLOW-UP ON KEY BISCAYNE SCHOOLS ADDRESS VERIFICATION INITIATIVE (MAYOR LINDSAY) B. VILLAGE ATTORNEY 1.) NONE C. VILLAGE CLERK 1.) NONE D. VILLAGE MANAGER (NOT LATER THAN 10:00 P.M.) 1.) NONE 12. OTHER BUSINESS/GENERAL DISCUSSION 13. PENDING BUSINESS/PENDING LITIGATION: 1.) FEDERAL SHORELINE PROTECTION PROGRAM -TBD (VILLAGE MANAGER)

2.) PARKING LOT ACQUISITION - TBD (BZP) 3.) LONG-TERM STORAGE LOCATION FOR PW EQUIPMENT - TBD (VILLAGE MANAGER) 4.) LAND ACQUISITION - TBD (BZP) 5.) COMMUNITY CULTURAL CENTER (VILLAGE COUNCIL) 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A. REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 27, 2018 B. REGULAR COUNCIL MEETING TUESDAY, MARCH 13, 2018 C. REGULAR COUNCIL MEETING TUESDAY, APRIL 10, 2018 D. REGULAR COUNCIL MEETING TUESDAY, APRIL 24, 2018 15. ADJOURNMENT I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.S.286.0105).

IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2-11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK’S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES.

TAB 1

MINUTES SPECIAL COI.JNCIL MEETING KEY BISCAYNE, FLORIDA WEDNESDAY, AUGUST 30, 2017 COLTNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Luis de la Cruz, Gary R. Gross (by phone), Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P. Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Jennifer Duque and Village Attorney Stephen J. Helfman. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance 3. BRIEF COMMENTS BY COTINCIL: The Village Manager and Police Chief Charles R. Press addressed the Council regarding the traffic congestion. 4. SPECIAL INTRODUCTIONS: Mr. Curt A. Keyser, Director of Engineering for Calvin, Giordano & Associates, lnc. addressed the Council regarding the submittals received for the Request for Qualifications for professional engineering services for the Village-wide undergrounding utilities program. Mr. Keyser recommended that the Council evaluate the professional engineering firms and rank the most qualified firm. After selecting the firm, the Village will enter into negotiations and draft an agreement for formal Council approval at another scheduled Regular Council Meeting date. Mr. Keyser introduced the three (3) professional engineering f,rrms (Keith & Schnars, Kimley Hom and The Corradino Group) conducting a presentation to the Council. At this time, the Village Manager introduced Deputy Fire Chief Marcos Osorio. Deputy Fire Chief Osorio will accompany the professional engineering firms not conducting a presentation outside of the Council Chambers.

August 30, 2017 At this time, Mr. Joe L. Gomez, P.8., Keith & Schnars Program Principal addressed the Council regarding the firms' qualif,rcations. Mr. Gomez introduced the partners while the remaining two (2) firms exited the Council Chambers. The project team is comprised of the following firms: HDR, Inc., E.C. Fennell, P.4., Terracon Consultants, lnc., Media Relations Group, LLC, Shutts & Bowen, LLP and InfraMar Corp. At this time, Mr. Jake Ozyman, P.E., Keith & Schnars Program Manager and Ron Garraffa, HDR, Inc. Deputy Program Manager, addressed the Council regarding their firms' qualifications. Immediately thereafter, Ms. Jeanette Gorgas from Media Relations Group, LLC addressed the Council regarding the proposed public relations program for the undergrounding utilities project. There was extensive discussion from Council regarding the professional engineering qualifications for Keith & Schnars. Mr. Oz¡rman, Mr. Gomez, Ms. Gorgas and Mr. Garraffa addressed the Council regarding the firms' experience with undergrounding utility projects. At 6:58 p.m. Kimley Horn entered the Council Chambers to present regarding the firms' qualifications to provide professional engineering services for the undergrounding utility project and Keith & Schnars exited the Council Chambers. At this time, Mr. Kevin Schanen, P.E., Kimley Horn Principal-in-Charge, addressed the Council regarding the firms' qualifications. Mr. Schanen introduced the Project Manager from Kimley Hom, Mr. Joshua D. Homing, P.E. Mr. Horning addressed the Council regarding the firms' experience with undergrounding utility projects in other municipalities; such as the Town of Palm Beach. Mr. Horning presented Kimley Horn's project team: Akerman,LLP, Brannon & Gillespie, LLC, Longitude Surveyors, LLC, Media Relations Group, LLC, Universal Engineering Sciences, Inc. and ÏVaypoint Engineering and Equipment,LLC. There was extensive discussion from Council regarding the professional engineering qualifications for Kimley Horn. Mr. Schanen, Mr. Horning and Ms. Gorgas addressed the Council regarding the firms' experience with undergrounding utility projects in other municipalities. At 8:20 p.m., The Corradino Group entered the Council Chambers to present regarding the firms' qualifications to provide professional engineering services for the undergrounding utility project and Kimley Horn exited the Council Chambers. At this time, Mr. Joseph M. Corradino, AICP, President of The Corradino Group, addressed the Council regarding the firms' experience with undergrounding utility projects. Mr. Corradino presented the project team: Woolpert, lnc, TY LIN Intemational, GCME, Inc., Nifah and Partners Consulting Engineers, Inc., Holland & Ifuight, Rodtec Engineering Inc. and MRD Consulting Inc. Mr. Corradino introduced the Project Manager Mr. Jorge Hemandez. Mr. Hernandez addressed the Council regarding the firms' qualifications to provide professional engineering services for an undergrounding utility project. At this time, Mr. Hernandez introduced Mr. Maximo (Max) Fajardo, Vice President for TY LIN, Inc. Mr. Fajardo addressed the Council regarding the firms' experience with undergrounding utility projects. 2of4

August 30, 2017 At this time, Mr. Fajardo introduced Margarita Rohaidy Delgado from MRD Consulting, Inc. Ms. Delgado addressed the Council regarding the public relations component of the undergrounding utility project. Mr. Corradino addressed the Council regarding the Lidar Technology from Woolpert, lnc. and the benefits for utilizing this technology for the undergrounding utility project. There was extensive discussion from Council regarding the professional engineering qualifications for The Corradino Group. Mr. Corradino, Mr. Fajardo and Ms. Delgado addressed the Council regarding the firms' experience with undergrounding utility projects in other municipalities. At this time, Keith & Schnars and Kimley Hom re-entered the Council Chambers. There was extensive discussion from Council regarding the expected qualifications and scope of work to provide professional engineering services for the undergrounding utility project. At this time, Mr. Keyser and the Village Attorney addressed the Council regarding the scope of work for the undergrounding utility project. Mr. Keyser introduced the Director of Construction Engineering for Calvin Giordano & Associates, Mr. Bob McSweeney. Mr. McSweeney addressed the Council regarding an undergrounding conversion conventional design-bid-build approach to the project. There was extensive discussion from Council regarding an undergrounding conversion design- build approachto the project. At this time, Mr. Keyser and Mr. McSweeney addressed the Council regarding the evaluation criteria utilized by the selection committee to determine the shortlisted professional engineering firms and also, the undergrounding utility project experience, public relations and qualifications presented by the firms. At this time, the Council ranked the presentations. The Village Clerk announced the top ranked firm to be Kimley Hom. Keith and Schnars ranked second and The Corradino Group ranked third. At this time, the Village Attorney addressed the Council regarding the Village entering into negotiations and drafting an agreement for formal Council approval at another scheduled Regular Council Meeting date. AGENDA: There were no agenda changes. REPORTS AND RECOMMENDATIONS: The following items were discussed. Ma)¡or and Councilmembers. The Mayor, with the consensus of Council, appointed the following residents to the Undergrounding Utility Task Force: Michael Bracken, Billy Kimball, Michael 5 6 3o.f4

August 30, 2017 Davey, Donald Elisburg, Michelle Estevez, Ignacio Segurola and Martin Fernando Cohen. It was the consensus of Council to appoint Councilmember Moss as the Council liaison and the Manager's office as the Staff liaison to the Task Force. The Manager addressed the Council regarding adding Estrada Hinojosa & Company, Inc. to the Task Force as well. Village Attorne)¡. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager did not submit a report. 7. OTHER BUSINESS/GENERAL DISCUSSION: There was no fuither business discussed. 8. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending litigation was presented to the Council. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 10. ADJOURNMENT: The meeting was adjoumed at 10:02 p.m. Re sp e ctfally s ub mitte d : Jennifer Duque, CMC Víllage Clerk Approved this _ døy of 2018: Mayra P, Lindsay Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR TTEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4of4

TAB 2

MINUTES SPECIAL COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 19, 2017 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Luis de Ia Cruz, Allison McCormick, Gary Gross (arrived at 8:02 p.m.), Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P. Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Jennifer Duque and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance. 3. PURPOSE OF MEETING: The Village Clerk addressed the Council announcing the purpose of the Special Council Meeting which is to provide the community with an update by the debris management contractor. At this time, the Mayor addressed the public and the Council regarding the debris management process of Hurricane Irma. Also, Mayor Lindsay thanked the Council for the ongoing communication efforts to Village residents. The Manager addressed the Council regarding the Villages' status of debris removal and the declared state of emergency by Govemor Rick Scott due to Hurricane Harvey and Hurricane Itma. Also, the Manager addressed the Council regarding the Village approved contracts with Ashbritt and Witt O' Brien to provide debris hauling and monitoring services. There was extensive discussion by Council regarding the estimated debris removal completion date.

September 19, 2017 The Manager addressed the Council regarding the estimated debris removal completion time of 45 days utilizing three (3) tandem trucks provided by Ashbritt to haul away approximately 75,000 cubic yards of debris. At this time, the Attorney addressed the Council regarding FEMA procedures and regulations in order to maximize FEMA reimbursement. 4. PUBLIC COMMENTS: The following residents addressed the Council: Michael Davey, 50 Ocean Lane Drive; Bradley Newsom, 345 Pacific Road; Donald Elisburg, I77 Ocean Lane Drive; Antonio Camejo, 151 Crandon Boulevard and Robert Vernon, 475 Ridgewood Road 5. DISCUSSION BY COTINCIL: At this time there was extensive discussion by Council regarding the existing contract pricing with Ashbritt. Mr. Christian Infante from SFM Services addressed the Council regarding SFM Services sub-contracting with Ashbritt. Chief of Police Charles R. Press addressed the Council regarding the debris removal process. Also, the Chief of Police addressed the Council regarding the debris removal activities currently taking place. Chief of Fire Rescue Eric L. Lang addressed the Council regarding the debris removal completion date. There was extensive discussion by Council regarding FEMA regulations and the Village's agr eement with Ashbritt. Councilmember Moss addressed the Council regarding debris removal within gated communities and suggested in the future to contract multiple debris hauling companies and assign to different areas within the Village to reduce the number of days to complete removing all storm debris. At this time, the following residents also addressed the Council: Eugene E. Stearns, 250 Cape Florida Drive, addressed the Council regarding the Villages' debris hauling contract with Ashbritt; Michelle Estevez, 798 Crandon Boulevard, addressed the Council regarding offering the Villages' vendor to haul debris within gated communities. Also, William Real and Jose Barret from Civic Construction addressed the Council regarding their debris hauling services provided to the University of Miami campus. There was extensive discussion by Council regarding the necessary resources to remove the debris as quickly as possible. The Manager and Attorney addressed the Council regarding FEMA regulations in regard to debris removal within gated communities. At this time, Mr. Steams readdressed the Council rcgarding the Villages' debris hauling contract 2 of 3

September 19, 2017 The Attorney addressed the Council regarding a post-stonn procurement process for debris hauling contractors. There was extensive discussion regarding the Villages' debris hauling contract with Ashbritt. Vice Mayor Caplan made a motion to increase Ashbritt sub-contractors cubic yard unit price for hauling debris to the Miami-Dade County debris hauling contract negotiated unit price, at a minimum standard ofno less than fifteen (15) working trucks per day in conjunction with sufficient number of loading trucks to be required to work seven (7) days a week from sunrise to sunset, weather permitting. The motion was seconded by Councilmember McCormick and approved by a 7-0 voice vote. 6. ADJOURNMENT: The meeting was adjourned at 10:02 p.m. Re sp e ctfu I ly s u b mítt e d : Jennifer Duque, CMC Village Clerk Approved this _ døy oÍ _ 2018: Muyrø P. Líndsøy Møyor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE APON WHICH THE APPEAL IS TO BE BASED. 3of3

TAB 3

MINUTES SPECIAL COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, FEBUARY 6, 2018 COLINCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 5:00 p.m. Present were Councilmembers Luis de la Cruz, Allison McCormick, Gary Gross, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P. Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Jennifer Medina and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance 3. PUBLIC COMMENTS: The following resident addressed the Council: Michael Davey, 50 Ocean Lane Drive. 4. RESOLUTIONS: The Clerk readthe following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE INDIVIDUAL PROJECT ORDER FOR PROFESSIONAL ENGINEERING SERVICES: PROVIDING FOR AUTHORIZATION: OF SERVICES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Moss. Mr. Josh Horning, Project Manager from Kimley Horn, addressed the Council regarding the terms of the proposed master agreement with the Village. There was extensive discussion by Council regarding the master agreement between the Village and Kimley Horn and Associates, Inc. for continuing professional services. Vice Mayor Caplan offered the following amendments to the resolution, master agreement and access agreement: replace the word "implement" with "pay" within section 4 of the resolution; address duplicate definitions of the term "consultant" within paragraph 1 and 2 of the master

February 6, 2018 agreement; clarify the term "additional services" within section 1 of the master agreement; refer to only the title of "Village Manager" throughout the document as the client's representative; clarify section 2 of the master agreement regarding the clients responsibility specif,rcally section 2(b); add contractlanguage rclating to the Yillage notbeingliable for duplicative inspection costs; clarify section 3 referring to "continuous progress"; within section 5(a) remove contract language relating to "retainers"; remove the first sentence in 5(d); remove the last two sentences within section 7 of the master agreement; clarify the prohibition to lien private property within the access agreement; clarify section 19(b) of the master agreement regarding the contractor being responsible for their sub-contractors. Councilmember de la Cruz suggested clarification of the master agreement's section 2b(ä) regarding professional interpretations the Village should deliver. Councilmember Moss requested to amend the amount not to exceed to "$49I,436.00" within section 3 of the resolution. Councilmember Gross thanked Mr. Horning for his cooperation during the contract negotiation process. The resolution was approved by a7-0 voice vote. The vote was as follows: Councilmembers de IaCruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. 5. ADJOURNMENT: The meeting was adjoumed at5:22p.m Re sp e ctfu lly s u b mitt e d : Jennifer Medìnø, CMC Villøge Clerk Approved thís _døy oÍ _2018: Mayrø P. Lindsøy Møyor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE WLLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON TNLL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSARE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2

TAB 4

RESOLUTION NO. 2018- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING CONCERTED LOCAL ACTIONS TO TAKE STEPS NECESSARY TO RETAIN THE NOAA FISHERIES HEADQUARTERS ON VIRGINIA KEY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. \ryHEREAS, the National Oceanic and Atmospheric Administration ("NOAA") conducts atmospheric, marine and fisheries-related scientific operations at two NOAA facilities headquartered in Virginia Key; and WHEREAS, one of NOAA's Virginia Key facilities, the Southeast Fisheries Science Center ("SEFSC"), is responsible for scientific research on living marine resources that occupy marine and estuarine habits of the continental southeastern United States, as well as Puerto Rico and the U.S. Virgin Islands; and WHEREAS, SEFSC is one of the six national marine hshery science centers responsible for federal marine fishery research programs and is the primary provider of research on fisheries and habitats for Biscayne National Park and Florida Keys Marine Sanctuary; and \ilHEREAS, the annual total budget for SEFSC Miami lab ranges between $15,000,000 to $17,000,000, the bulk of which supports salaries for about 170 masters and Ph.D. level scientists and the coral reefs in south Florida that SEFSC Miami lab works to protect have an estimated asset value of over $4.4 billion and are directly associated with over 70,000 part-time and full-time jobs in the area; and \ryHEREAS, NOAA operations at Virginia Key are performed in concert with research and teaching functions at the University of Miami's Rosenstiel School of Marine and Atmospheric Science ("RSMAS"), which is located directly a