Regular Council Meeting April 24, 2018

MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, APRIL 24,2078 COLINCIL 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 (arrived af 6:45 p.m.), Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Allison McCormick and Mayor Mayra P Lindsay. Councilmember Gary R. Gross was not present. 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. INVOCATION: Pastor Dennis Eastling from the Key Biscayne Community Church was unable to provide an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay acknowledged the Key Biscayne Chamber of Commerce for their green initiative and also acknowledged the efforts from Key Biscayne residents for the recent beach clean-ups. At this time the Clerk addressed the Council requesting to defer Item 68 to the next regularly scheduled Council meeting. There were no objections to the agenda changes. 5. PUBLIC COMMENTS: The following residents addressed the Council: Sam Brickle, 177 Ocean Lane Drive; Juan Bester, 50 Ocean Lane Drive; Eduardo von Simson, i01 Ocean Lane Drive; Pablo Copetti, 791 Crandon Boulevard; Kristen Guess, 425 Grapetree Drive; Laudy Ibarra,482 Fernwood Road; Antonio Camejo, 151 Crandon Boulevard; Donald Elisburg, 177 Ocean Lane Drive; Steven H. Vogel, 210 Hampton Lane; Marcelo Larsen, 450 Myrtlewood Lane; Felipe Rojas, 210 Seaview Drive; Olimpia Carbunar, 181 Crandon Boulevard and Maria

April 24, 2018 Segovia, 188 W. Mashta Drive. 6. SPECIAL PRESENTATIONS: Ms. Illene Bucklay, Executive Director of the Miami- Dade County Transportation Planning Department, presented to the Council the Miami-Dade County SMART Plan. There was extensive discussion by Council regarding the Miami-Dade County SMART Plan. At this time, Item 6D was heard. Michael O'Brien from the Key Biscayne Beach Club addressed the Council regarding Miami- Dade County designating the Beach Club a historic site. At this time, Item 6C was heard. Sally Brody from the ASK Club together with members from the ASK Club addressed the Council regarding hdget quilts for Alzheimer's. Councilmember McCormick and the Council acknowledged the efforts of the ASK Club towards individuals with Alzheimer's. At this time, Item 6E was heard The Mayor presented the Building, Zoning and Planning Director Sergio Ascunce with a proclamation in observance of Building Safety Month. At this time, the Mayor allowed for public comments The following resident addressed the Council: Ignacio Segurola, 881 Ocean Lane Drive. 7. AGENDA: Councilmember Petros requested to defer Item 10417 to the next regularly scheduled Council meeting. Mayor Lindsay requested to remove Item 10410 and also requested to hear Item 10415 after Item 7.There were no objections to the agenda changes. At this time, Item 10415 was heard. The Mayor, with consensus of Council, appointed Robert Vernon to the Virginia Key Advisory Board. 8. ORDINANCES: The Clerk read the following ordinance on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 9, OOEMERGENCY MANAGEMENT'' RELATING TO DEBRIS REMOVAL FROM PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR Pøge 2 of l0

April 24, 2018 CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember de la Cruz. The Manager addressed the Council recommending approval of this ordinance. There was extensive discussion by Council regarding this ordinance. At this time Brett Schneider, Village Labor Attorney, addressed the Council regarding this ordinance. There was extensive discussion by Council regarding this ordinance. Vice Mayor Caplan addressed the Council suggesting revising this ordinance to specify the removal from ooprivate" property. The Attorney addressed the Council regarding this ordinance. The Mayor opened the public hearing. The following resident addressed the Council: Don Elisburg,177 Ocean Lane Drive and Antonio Camejo, 151 Crandon Boulevard. The Mayor closed the public hearing. The ordinance, as amended, was adopted on first reading by a7-0 roll call vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. The Clerk announced the second reading of this ordinance for the May 8, 2018 Regular Council Meeting 9. RESOLUTIONS: The Clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH CURRIE SO\ilARDS AGUILA ARCHITECTS, INC. FOR THE COMMUNITY CENTER PHASE III PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Petros. The Manager addressed the Council recommending approval of this resolution. There was extensive discussion by Council regarding this resolution. Pøge j of I0

April 24, 2018 It was the consensus of Council to incorporate language in the agreement with Currie Sowards Aguila Architects, Inc. regarding meeting future needs of the community. At this time, the Parks and Recreation Director Todd Hofferberth addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. The Clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A woRK ORDER TO CALVIN, GIORDANO & ASSOCIATES' INC. FOR DESIGN CRITERIA PROFESSIONAL SERVICES AND CONSTRUCTION ADMINISTRATION SERVICES FOR UTILITY UNDERGROUNDING AND INCORPORATION OF A PUMP TRACK AT 530 CRANDON BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Mayor Lindsay. The Manager addressed the Council recommending approval of this resolution. There was extensive discussion by Council regarding this resolution. At this time, the Parks and Recreation Director Todd Hofferberth addressed the Council regarding this resolution. It was the consensus of Council to defer this resolution to the May 8, 2018 Regular Council Meeting. The Clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDAO URGING THE FLORIDA STATE LEGISLATURE TO BAN FRACKING STATE\ilIDE; PROVIDING FOR AUTHORIZATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Petros. Councilmember Gross addressed the Council recommending approval of this resolution. Page 4 of 10

April 24, 2018 There was extensive discussion by Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. The Clerk read the following resolution, by title: 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. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. Councilmember Moss and Vice Mayor Caplan addressed the Council regarding whether or not the letter of intent is binding to the Village of Key Biscayne. There was extensive discussion by Council regarding this resolution. The Attorney addressed the Council regarding this resolution. At this time, the Fastrack Institute, Inc addressed the Council regarding this resolution It was the consensus of Council to remove Section 4 of this resolution. The resolution, as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. The Clerk read the following resolution, by title A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT BET\ilEEN THE VILLAGE AND THE SCHOOL BOARD OF MIAMI.DADE COUNTY, FLORIDA FOR ADDRESS VERIFICATION SERVICES FOR THE MARITIME AND SCIENCE TECHNOLOGY (MAST) ACADEMY CAMBRIDGE PROGRAM. KEY BISCAYNE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. Page 5 of l0

April 24, 2018 The Manager addressed the Council regarding this resolution. At this time, John Pace, Miami-Dade County Superintendent for MAST Academy, addressed the Council regarding this resolution. There was extensive discussion by Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. The Clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SECOND AMENDMENT TO CONTRACT BETWEEN THE VILLAGE OF KEY BISCAYNE AND ASHBRITT, INC. FOR EMERGENCY DISASTER DEBRIS REMOVAL AND RESPONSE SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Lindsay made a motion to approve the resolution. The motion was seconded by Councilmember Petros. The Manager addressed the Council recommending approval of this resolution. There was extensive discussion by Council regarding this resolution. The Attorney addressed the Council regarding this resolution. At this time, Jared Moskowitz from Ashbritt, Inc. addressed the Council regarding this resolution. It was the consensus of Council to clarify the contract language relating to liquidated damages, the ownership of the debris and provide the proper equipment dependent on the disaster. The resolution, as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. The Clerk read the following resolution, by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND DIRECTING THE FILING OF A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING Page 6 of I0

April 24, 2018 ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TO JOIN THE LA\rySUIT; AND PROVIDING F.OR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor Lindsay. Councilmember McCormick addressed the Council regarding a revised version of this resolution by eliminating the focus on guns and exalting the preemption. The Attorney addressed the Council regarding this resolution. There was extensive discussion by Council regarding this resolution. It was the consensus of Council to adopt the revised version of this resolution which eliminated the focus on guns and exalting the preemptions. The resolution, as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mavor and Councilmembers. At this time, Item I0Al2 was heard. Councilmember McCormick addressed the Council regarding the MAST Academy admissions and waiting list. At this time, John Pace, Miami-Dade County Superintendent for MAST Academy, addressed the Council regarding the MAST Academy Key Biscayne student wait list and admissions. There was extensive discussion by Council regarding the Key Biscayne student wait list At this time, the Manager's report was heard. The Manager addressed the Council regarding a scheduled EAR V/orkshop on Thursday, April 26,2018 at 6:00 p.m. The Manager addressed the Council regarding the issuance of a Request for Proposals to conduct a Stormwater Rate Study. There was extensive discussion by Council regarding conducting a Stormwater Rate Study and the maintenance of private stormwater systems. Page 7 of I0

April 24, 2018 The Attorney addressed the Council regarding the prohibition against utilizing public dollars towards private property. Councilmember Moss made a motion to issue the Request for Proposals to conduct a Stormwater Rate Study. The motion was seconded by Councilmember de al Cruz and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. At this time Item 10AB was heard. Councilmember Moss addressed the Council regarding managing time during Council meetings Councilmember Moss addressed the Council suggesting starting all Council meetings at 6:00 p.m. instead of 7:00 p.m. and to provide a time certain of 7:30 p.m. to hear legislative items and to move public comments towards the beginning of the Council meeting agenda after agenda: deferrals, additions, deletions, substitutions and withdrawals. There was extensive discussion by Council regarding managing time during Council meetings It was the consensus of Council to set a deadline for every Monday prior to each Council meeting to submit all legislative requests to the Village Attorney. Councilmember Moss made a motion to start all Council meetings at 6:00 p.m. and to provide a time certain of no later than 7:30 p.m. to hear all legislative items and to move public comments towards the beginning of the Council meeting agenda after agenda: deferrals, additions, deletions, substitutions and withdrawals. The motion was seconded by Councilmember de la Cruzand approved by a7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. At this time, Item 1082 was heard. Councilmember Moss addressed the Council regarding under age golf cart driving. There was extensive discussion by Council regarding under age golf cart driving. At this time, Police Chief Charles R. Press addressed the Council regarding enforcement of under age golf cart driving. It was the consensus of Council to support a stricter policing of all traffic laws. At this time, Item 10Bl was heard. PageSofl0

April 24, 2018 The Attorney requested to conduct an Executive Session regarding the Village of Key Biscayne v. City of Miami et al. case no.15-2997 CA2l and Village of Key Biscayne v. NMMA case no 15-9160, in the Eleventh Judicial Circuit Court- Miami-Dade County. It was the consensus of Council to direct the Clerk to coordinate and properly advertise the final date and time to schedule the Executive Session. Mayor Lindsay made a motion to extend the meeting to 1 1:05 p.m. The motion was seconded by Councilmember Petros and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P Lindsay voting Yes. The remaining agenda items were deferred to the May 8,2018 Regular Council Meeting. Village Attorney. The Attorney's report was heard earlier in the meeting. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager's report was heard earlier in the meeting. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending litigation was presented to the Council. 13. SCHEDULE OF FUTURE MEETINGSÆVENTS: A schedule of future meetings and events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 11:05 p.m Resp e ctfully s ub mítte d : ø Vílløge Clerk Approved this of June 2019: øel lV'. Davey Mayor tlv t Page 9 of I0

April 24, 2018 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE WLL.4GE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON I|/ILL 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 EWDENCE UPON WHICH THE APPEAL IS TO BE BASED, Page l0 of l0

REGULAR COUNCIL MEETING TUESDAY, APRIL 24 2018 6:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. INVOCATION: PASTOR DENNIS EASTLING KEY BISCAYNE COMMUNITY CHURCH 4. BRIEF COMMENTS BY COUNCIL 5. PUBLIC COMMENTS 6. SPECIAL PRESENTATIONS: A. SMART PLAN PRESENTATION BY MIAMI-DADE COUNTY B. KEY BISCAYNE BEACH CLEAN-UP PROGRAM C. PRESENTATION BY THE ASK CLUB REGARDING FIDGET QUILTS FOR ALZHEIMERS D. KEY BISCAYNE BEACH CLUB- DESIGNATED AS A MIAMI-DADE COUNTY HISTORIC SITE E. PRESENTATION OF A PROCLAMATION IN OBSERVANCE ..........TAB 1 OF BUILDING SAFETY MONTH 7. AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS SUBSTITUTIONS/WITHDRAWAL 8. ORDINANCES: A. FIRST READING: 1.) AN ORDINANCE ..........TAB 2

OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 9, “EMERGENCY MANAGEMENT” RELATING TO DEBRIS REMOVAL FROM PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) OPEN FOR PUBLIC COMMENTS (SECOND READING ON MAY 8, 2018) 9. RESOLUTIONS: A. A RESOLUTION ..........TAB 3 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH CURRIE SOWARDS AGUILA ARCHITECTS, INC. FOR THE COMMUNITY CENTER PHASE III PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) B. A RESOLUTION ..........TAB 4 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO CALVIN, GIORDANO & ASSOCIATES, INC. FOR DESIGN CRITERIA PROFESSIONAL SERVICES AND CONSTRUCTION ADMINISTRATION SERVICES FOR UTILITY UNDERGROUNDING AND INCORPORATION OF A PUMP TRACK AT THE VILLAGE GREEN; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C. A RESOLUTION ..........TAB 5 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO BAN FRACKING STATEWIDE; PROVIDING FOR AUTHORIZATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE0. (COUNCILMEMBER GROSS) D. 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)

E. A RESOLUTION ..........TAB 7 OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE VILLAGE AND THE SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA FOR ADDRESS VERIFICATION SERVICES FOR THE MARITIME AND SCIENCE TECHNOLOGY (MAST) ACADEMY CAMBRIDGE PROGRAM- KEY BISCAYNE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) F. A RESOLUTION ...........TAB 8 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SECOND AMENDMENT TO CONTRACT BETWEEN THE VILLAGE OF KEY BISCAYNE AND ASHBRITT, INC. FOR EMERGENCY DISASTER DEBRIS REMOVAL AND RESPONSE SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) G. A RESOLUTION ..........TAB 9 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND DIRECTING THE FILING OF A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TO JOIN THE LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE. (COUNCILMEMBER MCCORMICK) 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCILMEMBERS 1.) SUPPORTING SECURITY IN ALL KEY BISCAYNE SCHOOLS (COUNCILMEMBERS MCCORMICK AND MOSS) 2.) ENFORCEMENT ON UNDER AGE GOLF CART DRIVING (COUNCILMEMBER MOSS) 3.) LICENSE PLATE READER – DETECTION (COUNCILMEMBER MOSS)

4.) RFP FOR LOBBYIST (COUNCILMEMBER GROSS) 5.) CRANDON AND MASHTA TRAFFIC LIGHT (COUNCILMEMBER MOSS) 6.) BOAT SHOW (COUNCILMEMBER PETROS) 7.) COUNCIL CHAMBER MEETING SPACE (COUNCILMEMBER MCCORMICK) 8.) COUNCIL MEETING - TIME MANAGEMENT (COUNCILMEMBER MOSS) 9.) ASSISTANT MANAGER (COUNCILMEMBER MOSS) 10.) KEY BISCAYNE BEACH CLUB-DESIGNATED AS A MIAMI-DADE COUNTY HISTORIC SITE (MAYOR LINDSAY) 11.) COUNCIL/MANAGER FORM OF GOVERNMENT (COUNCILMEMBER MCCORMICK) 12.) MAST ACADEMY ADMISSIONS/WAITING LIST (COUNCILMEMBER MCCORMICK) 13.) CRANDON PARK AGREEMENT (MAYOR LINDSAY) 14.) REAPPOINTMENT OF SPECIAL MAGISTRATES (MAYOR LINDSAY) 15.) REAPPOINTMENT TO THE VIRGINIA KEY ADVISORY BOARD (MAYOR LINDSAY) 16.) FLIGHT PATH OVER KEY BISCAYNE (VICE MAYOR CAPLAN) 17.) VILLAGE CLERK ANNUAL EVALUATION PROCESS ...........TAB 10 (COUNCILMEMBER PETROS) B. VILLAGE ATTORNEY

1.) REQUEST FOR EXECUTIVE SESSION REGARDING VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI ET AL, CASE NO. 15-2997 CA 21 AND VILLAGE OF KEY BISCAYNE V. NMMA, CASE NO. 15- 9160, IN THE 11TH JUDICIAL CIRCUIT. C. VILLAGE CLERK 1.) NONE D. VILLAGE MANAGER (NOT LATER THAN 10:00 P.M.) 1.) EAR WORKSHOP ON THURSDAY, APRIL 26TH AT 6:00 P.M. 2.) MOTION TO AUTHORIZE THE VILLAGE MANAGER ...........TAB 11 TO ISSUE A REQUEST FOR PROPOSALS TO CONDUCT A STORMWATER RATE STUDY 11. OTHER BUSINESS/GENERAL DISCUSSION 12. 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) 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A. REGULAR COUNCIL MEETING TUESDAY, MAY 8, 2018, 7:00 P.M., COUNCIL CHAMBER B. REGULAR COUNCIL MEETING TUESDAY, JUNE 5, 2018, 7:00 P.M., COUNCIL CHAMBER C. BUDGET WORKSHOP TUESDAY, JUNE 26, 2018, 7:00 P.M., COUNCIL CHAMBER

D. REGULAR COUNCIL MEETING TUESDAY, AUGUST 28, 2018, 7:00 P.M., COUNCIL CHAMBER 14. 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

o I OFFICE OF THEMAYOR nHEREAS, through our continuing efforts to address critical safety is.sue-s .in the built environment that affect our citizens, regardless of age or occupation' both in everydøy life and in times of natural disaster, ,, oi, confiaí"t that oui structures øre safe and sound; and mHER-EAS, vigilant guardians - building safety andfire prevention fficials' architects' engineers, builders oi,d othr^ in the construrtío, industry - work year'round lu ensute thõ safe construction of buildings; and nHEREAS, these dedicated members of the International code council develop and implement the highest-quality codes to protect Americans in the buildings where we live' learn, work and PlaY; and nHEREAS, the International codes, the most widely adopted buitding safety and fire prevention codes in the nation are used by most U.i gitils,..counties and stqtes; these ntodern buitding ttft:r, "iartinclude safeguards ,o írorrr, tni prUtX Vo* *t*¿ disasters such as hurricanes; and nHEREAS, Building saÍety Month, sponsored by the International code council' reminds the public ab"out the critical role of our communities' largely unlcnown guardians of pubtic safety - ouff local code ffic'iats _ who help prevent countless fires and accidents; and mHEREAS, "Building safety; lilhere You Live, l(ork and Play" encourages all Americans to raise crwareness of the importance of buitding safety; green and sus.tainable building; pool, spa and hot tub"safety; and new te'chnologies in the construction industry; il presents appropriate steps everyone cln take to ensure that the places wlter-e we live' learn, work onA pioy -orä ,ofr, and that countless lives have been safe due to the imptimentation oisafety codes by local and state agencies; and nHEREAS, this year, as we observe Building safety Month, we ask everyone to consider projects to improve buitding safety qt hom"ânã in the community, and to aclcnowledge the essential service lr"i¡årA ío âU o¡ u, by local and state building departments and federal agencies in protecting lives and property' Thereþre,I,MayraPeñaLindsøy,MayoroftheVitlageofKeyBiscayne,dohereby " B UILDING SA F E TY MONTH " In the Village of KeY BiscaYne MAYOR MAYRA PEÑA LINDSAY proclaim Møy 2018 as

TAB 2

ORDINANCE NO. 2018- AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 9, "EMERGENCY MANAGEMENT" RELATING TO DEBRIS REMOVAL FROM PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. \ryHEREAS, the Village of Key Biscayne (the "Village") has experienced hurricanes and other storm related events that have resulted in widespread debris on private propefty, including on private roads and right of way; and WHEREAS, such disaster-generated debris on private property may result in significant safety issues, including, but not limited to, impeding the access of essential public safety services and presenting a risk of debris becoming airborne causing additional damage to property during subsequent storms; and \ryHEREAS, if debris on private property is not timely removed such debris may result in significant health issues by providing a breeding ground for the spread of diseases and acting as a wet receptor for mosquitos and other arthropods carrying viruses, including, but not limited to, the Zika virus; and WHEREAS, in order to safeguard the life and property of the citizens of the Village, the Village Council finds that it is in the public interest to establish a disaster-generated debris removal process for private property; and WHEREAS, the Village Council finds that adoption of this Ordinance is necessary for the preservation of the public health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: ' Section 1. confirmed. Recitals Adopted. That the above-stated recitals are hereby adopted and Section 2. Amendine Chapter 9 of the Villaee Code. That Chapter 9 "Emergency Management" of the Code of Key Biscayne, Florida is hereby amended as follows: Chapter 9 - EMERGENCY MANAGEMENT. Sec. 9-1. - Definitions. 1 Coding: S+rik€throush.werds are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlight.

As used in this chapter: {< {r {. Deórls shall mean to include. but is not limited to" vegetative debris. construction and demolition debris. cqnr{ mrrrl cilf oror¡el rnnl¿c hnrrlrlerc onrl r¡ehinle qnrl r¡ecccl rx¡renl¿qop {<rk* *rFr& Sec. 9-13. - Private Debris removal. The Village Manager ma)¡ authorize removal of Debris from Private Propert)¡ onl)¡ during a declared vill state of shall determine that: (1) the severitv of the situation is of such masnitude or the Debris is so widespread economlc of the Vi at Sec. 9-14. - Gated Private Property. In the event of a declared Villase state of . sated Private Propertv must provide reasonable access for emergency vehicles and any Debris removal vehicles and personnel. If the gates are unable to to allow for access during the emergency event. Sec. 9-15. - Rieht of entrv. indem¡ifiqation and hold harmless, no duplication of benefits asreement the V from Private the the and hold and B the Village Attornev. Sec. 9-16. - Emergency roadway clearance. Nnfhino in this nhcnfer shall nr"enlrrrie a first re crrrlhcê hr¡ fhe \/illqoc fn nleqr qnrl nrrch Tlehric frnm nft r¡qfp roadways and rights-of-way as necessar)¡ for the movement of emergency vehicles. including police" ambulance and other Sec.943 9-17. - Penalt)'. *<{<*

Section 3. Severabilify. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made apart of the Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading this _ of 2018 PASSED AND ADOPTED on second reading this _ day of 201 8. MAYOR MAYRA PEÑA LINDSAY ATTEST JENNIFER MEDINA, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY V/EISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY

TAB 3

E Office of the Village Managet MEMORANDUM Village Coanci/ MayraP.Lindsay,MEtor Franklin H. Caplan, Vice Mayr 'äåi:8f:X' DArE: Allison McCormick Brett c.Moss TO: Katie Petros FROM Village Manager John C. Gilbert RE: April24,2018 Honorable Mayor and Members of the Village Council John C, Gilbert, Village Manager Authorizing the Village Manager to enter into an agreement with Currie, Sowards, Aguila Architects for Professional Architectural Services regarding the expansion of the Key Biscayne Community Center (Community Center Phase lll Project). RECOMMENDATION It is recommended that the Village Council authorize the Village Manager to enter into an agreement with Currie, Sowards, Aguila Architects and expend an amount not to exceed $47,500 for the architectural and design services described in Exhibit "A". BACKGROUND At the April '10, 2018 the Village Council requested information regarding the cost and program for the proposed expansion. Ken Ballard and staff have generated an initial expansion program attached as Exhibit "8". The Village's construction manager, Paul Abbott, has provided a conceptual estimate based on this program attached as Exhibit "c", Once architectural work is permitted to commence this Village Council will be provided expansion options with much greater specificity regarding the potential size, programming, cost, operational budget, and the resulting impacts to existing facility and the adjacent properties. The Village Council will review these options and provide direction to optimize what is intended to be the final expansion of this facility so that it may address the current and future needs of this community. The original design of the Community Center envisioned that it may be necessary to expand the Community Center. The Village plans to begin the Community Center Phase lll Project, which will expand the existing Community Center north into the existing park site to accommodate new function spaces, provide a new pool, and additional underground parking. Currie, Sowards, Aguila Architects, lnc. (formerly known as Robert G. Currie Partnership) (the "Consultant") has been working with the Village for over nineteen 88'west Mclntyre street ' suite 2lo 'Key Biscayne, Florida 33149 ' (305) 365-5514' Fax (305) 365-8936 MISSION STA'I EMENT:.TO PROVIDE A SAFE, QUA.LI't'y COMMUNITY ENVIRONMENT IiOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENÏ" wwwkeybiscayne.fl.gov VILLAGE OF KEY BISC

years, with over seventeen years dedicated to construction and expansion of the Community Center. As the original architects for the Community Çenter and as the architects for the Community Center Phase ll Project, the Consultant is uniquely qualified to provide the required architectural services to the Village staff and Ken Ballard on the Community Center Phase lll Project. The Consultant entered into a continuing services agreement for general professional architectural and engineering services on August 26, 1998, pursuant to Resolution No. 1998-34 adopted on July 1, 1998, with the Village of Key Biscayne (the "Village"), On June 8, 1999, the Village Council adopted Resolution No. 1999-57, adopting a site plan for the Village Civic Center, which included the Community Center. On August2, 1999, pursuant to Resolution No. '1999-62 adopted on July 20, 1999, the Village and Consultant entered into an agreement for Professional Architectural Services for the Community Center (the "Agreement"). On October 11, 2000, pursuant to Resolution No. 2000-39 adopted on July 24,2000, the Village and Consultant amended the Agreement (the "First Amendment"), to include the schematic design, construction documents, bidding and award, and construction administration phases for the Key Biscayne Community Center. Ken Ballard was also engaged to provide program review and third-party design review. On April 10, 2001, the Village Council adopted Resolution No. 2001-28, further amending the Village Civic Center Plan to (1) expand the Community Center site to the south to include a parcel that was formerly designated as the Village Council/Community Theater, (2) include a swimming pool at the Community Center site, and (3) designate a privately owned site at 530 Crandon Boulevard and an outparcel along Village Green Way as the Village Council/Community Theatre site. Resolution No. 2001-28 also amended the Agreement with Consultant to provide for the additional architectural services to design the swimming pool. Accordingly, on May 21,2001, pursuant to Resolution No. 2001-28 adopted on April 10, 2001, the Village and Consultant amended the Agreement (the "Second Amendment"). On July 23, 2002, the Village Council approved another site plan for the Village Civic Center, which substantially reduced the size of the Community Center. On August 27, 2002, pursuant to Resolution No. 2002-36A adopted on August 27, 2002, the Village and Consultant amended the Agreement again (the "Third Amendment"), to substantially modify the plans that had been completed and submitted for building review pursuant to a previously approved site plan. On May 11 , 2004, pursuant to Resolution No, 2004-22 adopted that same day, the Village and Consultant amended the Agreement again (the "Fourth Amendment"). The Fourth Amendment amended the duration and compensation for construction ad min istration services. On February 12, 2008, the Village Council adopted Resolution No. 2008-6, which amended the Agreement (the "Fifth Amendment" alkla the "Phase ll Agreement") again

for the Consultant to perform services related to the Community Center Phase ll Project, which involved the design of an additional elevator, expansion of the second floor of the Community Center, and modifications to the sanitary pump. The Consultant has provided a proposal for architectural and design services for the Community Center Phase lll Project, which is attached. This expenditure will be funded by the Community Center Expansion reserve fund in the Capital lmprovement Plan. Reviewed by Ms. Haydee Sera from Weiss Serota Helfman Cole & Bierman as to form and legal sufficiency.

RESOLUTION NO. 2018- A RESOLUTION OF THE VILLAGE COT]NCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDAO AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH CURRIE SO\ryARDS AGUILA ARCHITECTS, INC. FOR THE COMMUNITY CENTER PHASE III PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. \ryHEREAS, the Village of Key Biscayne ("Village") has engaged the services of Currie Sowards Aguila Architects, Inc. (the "Consultant") with respect to the Village's Community Center Project since 1998; and WHEREAS, Consultant has provided a proposal, attached hereto as Exhibit "A," (the "Proposal") for architectural and design services for the Community Center Phase III Project (the "Project"); and WHEREAS, the Village Council desires to engage the Consultant for the Project and authorize the Village Manager to negotiate and execute an agreement with the Consultant consistent with the Proposal and the professional services agreement entered into between the Village and Consultant; and \ryHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE' BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section l. Recitals. Each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Authorization. The Village Manager is hereby authorized to negotiate and execute an agreement in an amount not to exceed $47,500.00 with the Consultant for the

Project that is consistent with the Proposal attached hereto as Exhibit "A," subject to approval by the Village Attomey as to form, content, and legal sufficiency. Section 3. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED and ADOPTED this 24th day of April, 2018. MAYOR MAYRA PEÑA LINDSAY ATTEST: JENNIFER MEDINA, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY 2

Exhibit "A" ec_l_i-==__ 3J ^G'-- Robert G. Currie, FAIA Jess M. Sowards, AlA, LEED AP José N. Aguila, AlA, LEED AP PROPOSAT FOR TIMITED PROFESSIONAT SERVICES January 22,2AL8 Mr. Todd Hofferberth Parks & Recreation Director Village of Key Biscayne 88 West Mclntyre Street Key Biscayne, Florida 33149 thoffe rberth @ kevciscayne.fl.eov c/o Paul Abbott, HPF Associates, lnc 13400 Running Water Rd. Palm Beach Gardens, Florida 33418 ptebhtl@aol.com Re: Village of Key Biscayne Recreation Center - North Expansion Project No. 180102 This confirms your request for CURRIE SOWARDS AGUILA ARCHITECTS (the Architect) to provide professional architectural services for the above referenced Project as detailed herein for The Village of Key Biscayne (The Client). ARTICLE 1 - DESCRIPTION OF PROFESSIONAL SERV¡CES The scope of Professional Services as described in this Proposal generally consists of revíewing of the expansion program as prepared by Ballard*King with the Client and selected Village staffto better define the building expansion. Our project understanding is that the existíng facility will expand north into the existing park site to accommodate the new function spaces as well as a new pool and deck space and new parking below. Services will be phased to generally include the following tasks: Program review and síte analysis. Conceptual Design. Meetings and presentatíon with Village staff. Preparation of presentation graphics and other material Public presentation(s). Phase 1: A. B. c. D. E. Phase 2: Preparation of documents for site plan approval. Preparation of bid, permit, and construction documents. Limited construction administration. Design team consultants to be det