Regular Council Meeting November 14, 2017

# MINUTES

# COUNCIL MEETING KEY BISCAYNE, FLORIDA

## TUESDAY, NOVEMBER 14, 2017

## 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 p.m. Present were Councilmembers Luis de la Cruz, Gary R. Gross, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor Mayra P. Lindsay. Councilmember Allison McCormick participated by phone. Also present were Village Manager John C. Gilbert, Village Clerk Jennifer Duque and Village Attorney Stephen J. Helfman.

2. INVOCATION: Pastor Felipe Assis from the Key Biscayne Presbyterian Church was unable to provide an invocation.

3. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance.

4. BRIEF COMMENTS BY COUNCIL: Vice Mayor Caplan addressed the public and the Council acknowledging the 40th year of the Lighthouse Run and congratulated Councilmember Petros and her dog for completing the course.

5. SPECIAL PRESENTATIONS: There were no presentations provided.

6. PUBLIC COMMENTS: The following residents addressed the Council: David Rocker, 795 Crandon Boulevard; Patrick A. Lynch, 240 Galen Drive; Mario Garcia-Serra, 600 Brickell Avenue (Owner Representatives of 571 Glenridge Road & 570 Fernwood Road); Michelle Estevez, 798 Crandon Boulevard and Carlos Rivero, 251 Crandon Boulevard.

7. AGENDA: Councilmember Gross requested the addition of a discussion item regarding beach renourishment as Item 10A4. The Manager requested to defer Items 9E and 9F to the next Regular Council meeting. Councilmember Moss requested the addition of a discussion item regarding negotiations with the underground utility engineer as Item 10A5 and requested the addition of a status update for the Village Manager search as Item 10A6. The Mayor requested the addition of a discussion item regarding inadequate number of trash, recycling and battery recycling as Item 10A7. Lastly, Councilmember Petros requested the addition of a discussion item regarding the library initiative as Item 10A8. There were no objections to the agenda changes.

## 8. ORDINANCES: The Clerk read the following ordinance on second reading, by title:

## AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 10-63, “DEFINITIONS” AND SECTION 10-73, “SPECIFIC METHODS OF CONSTRUCTION AND REQUIREMENTS” OF CHAPTER 10, “FLOODS” RELATING TO THE VILLAGE’S FLOODPLAIN MANAGEMENT REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.

Vice Mayor Caplan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Petros.

The Manager and Director of Building, Zoning and Planning Sergio Ascunce addressed the Council recommending the adoption of the ordinance on second reading regarding incorporating higher regulatory standards to the Village’s Floodplain Management Regulations.

The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing.

There was extensive discussion from Council regarding this ordinance.

Vice Mayor Caplan made a motion to table Item 8A1. The motion was seconded by Mayor Lindsay 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.

## 9. RESOLUTIONS: The Clerk read the following resolution by title:

## A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING TAPIA LUIS M SERVICE, CORP. FOR THE VILLAGE GREEN TODDLER PARK LIGHTING IMPROVEMENTS PROJECT; PROVIDING FOR AUTHORIZATION; 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.

The Manager addressed the Council recommending approval of the resolution.

There was extensive discussion by Council regarding a donation of the Village Green toddler park lights.

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It was the consensus of Council to direct the Manager to report back to the Council regarding the status of the donation of the park lighting at the next regularly scheduled Council meeting.

Vice Mayor Caplan made a motion to defer this resolution to the next Regular Council meeting. The motion was seconded by Councilmember de la Cruz 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 Clerk read the following resolution by title:

## A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING D SQUARED ENGINEERING, CORP. FOR CONSULTING SERVICES RELATING TO SUSTAINABILITY OF THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.

Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor Lindsay.

The Manager addressed the Council regarding the approval of this resolution.

There was extensive discussion from Council regarding the sustainability plan.

It was the consensus of Council to direct the Clerk to circulate the Sustainability Report developed by the Green Sustainability Committee.

The resolution was approved by a 7-0 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 read the following resolution by title:

## A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING CINTEL, LLC FOR THE INSTALLATION OF A LICENSE PLATE READER SYSTEM ON THE MASHTA BRIDGE; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor Lindsay.

The Manager, Information Technology Police Administrator Jose Calvo and the Chief of Police Charles R. Press addressed the Council recommending approval of this resolution.

There was extensive discussion by Council regarding the license plate reader system.

The resolution was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers de la Cruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes.

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REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 14, 2017 7:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. INVOCATION: PASTOR FELIPE ASSIS KEY BISCAYNE PRESBYTERIAN CHURCH 3. PLEDGE OF ALLEGIANCE 4. BRIEF COMMENTS BY COUNCIL 5. SPECIAL PRESENTATIONS 6. PUBLIC COMMENTS 7. AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS SUBSTITUTIONS/WITHDRAWALS 8. ORDINANCES: A. SECOND READING 1.) AN ORDINANCE ...........TAB 1 OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 10-63, “DEFINITIONS” AND SECTION 10-73, “SPECIFIC METHODS OF CONSTRUCTION AND REQUIREMENTS” OF CHAPTER 10, “FLOODS” RELATING TO THE VILLAGE’S FLOODPLAIN MANAGEMENT REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) 9. RESOLUTIONS: A. A CAPITAL PROJECT ..........TAB 2

AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING TAPIA LUIS M SERVICE, CORP. FOR THE VILLAGE GREEN TODDLER PARK LIGHTING IMPROVEMENTS PROJECT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (VILLAGE MANAGER) B. A RESOLUTION ...........TAB 3 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING D SQUARED ENGINEERING, CORP. FOR CONSULTING SERVICES RELATING TO SUSTAINABILITY OF THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C. A CAPITAL PROJECT ..........TAB 4 AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING CINTEL, LLC FOR THE INSTALLATION OF A LICENSE PLATE READER SYSTEM ON THE MASHTA BRIDGE; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) D. A RESOLUTION ..........TAB 5 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING FUNDS FROM THE MASHTA ISLAND HOMEOWNER’S ASSOCIATION FOR A LICENSE PLATE READER SYSTEM TO BE INSTALLED ON THE MASHTA BRIDGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) E. A RESOLUTION ..........TAB 6 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A JOINT PARTICIPATION AGREEMENT WITH MIAMI-DADE COUNTY FOR THE VILLAGE’S TRAFFIC SIGNALIZATION PROJECT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER)

F. A CAPITAL PROJECT ..........TAB 7 AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING ECONOLITE SYSTEMS, INC. FOR THE VILLAGE’S TRAFFIC SIGNALIZATION PROJECT; PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (VILLAGE MANAGER) 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCILMEMBERS 1.) REVIEW AND APPROVAL OF CRANDON INITIATIVE PROPOSAL TO MIAMI-DADE COUNTY (COUNCILMEMBER DE LA CRUZ) 2.) DISCUSSION ON KITEBOARDING (COUNCILMEMBER PETROS) 3.) DISCUSSION ON MONUMENT SIGNS (COUNCILMEMBER PETROS) B. VILLAGE ATTORNEY 1.) NONE C. VILLAGE CLERK 1.) ELECTION OF VICE MAYOR ELECTION PURSUANT ..........TAB 8 TO SECTION 2.02 (b) OF THE VILLAGE CHARTER 2.) PROPOSED 2018 VILLAGE COUNCIL MEETING ..........TAB 9 SCHEDULE D. VILLAGE MANAGER (NOT LATER THAN 10:00 P.M.) 1.) STATUS UPDATE ON ACQUISITION OF 571 GLENRIDGE ROAD AND 570 FERNWOOD ROAD 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, DECEMBER 5, 2017 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

VILLAGE OF KEY BISCAY Office of the Village Manager Village Coancil MayraP.Limdsay,Mayr Franklin H. Caplan, Vice Malor Luis F de la Cruz Gary R. Gross Allison McCormick Brett G. Moss Katie Petros DATE: TO: FROM RE: November 14,2017 Honorable Mayor and Members of the Village Council John C. Gilbert, Village Manager Floodplain Ordinance- Amendment, 2nd Reading Vi/lage Manager John C. Gilbert RECOMMENDATION It is recommended that the Village Council approve the attached amended Ordinance on first reading in regards to enhancing our higher regulatory standards to the Village's Floodplain Management Regulations. BACKGROUND The amended Ordinance is an opportunity to enhance the designated Coastal "'A" Zone. Since the five (S)-year recertification will be conducted using the newest Community Rating System (CRS) Manual of 2017, the potential exists for our current rating of 7 to be lowered; therefore, reducing the current flood insurance premium discounts to the Village. By increasing the designated Coastal "A" Zone area, as shown in the attached Figure 1, additional points are awarded. This effort can restore some of the lost points without creating an impact and helps maintain or improve the Villages'current rating. The Coastal "A" Zone designation continues to be an attempt by FEMA to pre-empt the reclassification in which may eventually designate the entire Village as a Coastal "A" Zone. Additionally, a couple of scrivener's errors will be corrected to reflect the intended language of the original Ordinance. A correction to the residential freeboard section 10- 73(3)a has been made that will keep it in-line with the requirements of the new residential Building Code effective December 31,2017, Base Flood Elevation (BFE) plus one (1)- foot. A second scrivener's error will clarify the intended language to include substantial damage in section 10-73(3)b, by adding the word "damage". These proposed changes will help reduce flood risk and coincides with the initiative to counter sea level rise impact. Reviewed by Ms. Haydee S. Sera of Weiss Serota Helfman Cole & Bierman, P.L. as to form and legal sufficiency. 88'West Mclntyre Street . Suite 2LO . Key Biscayne, Florida 33L49 . (305) 365-55L4. Fax (305) 365-8936 MISSION STATEMENT:.'TO PROVIDEA SÀFE, QUALITY COMMUNITY ENVIRONMENT FORALL ISLANDERSTHROUGH RESPONSIBLE GOVERNMENÏ,' www.keybiscayne.fl . gov

ORDINANCE NO. 2017. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORTDA, AMENDING SECTTON 10-63, "DEFINTTTONS" AND SECTION t0-73, "SPECIFIC METHODS OF CONSTRUCTION AND REQUIREMENTS" OF CHAPTER 10, ',FLOODS" RELATING TO THE VILLAGE'S FLOODPLAIN MANAGEMENT REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on June l9,20l7,the Village of Key Biscayne ("Village") Council adopted Ordinance 2017-03, repealing and replacing Chapter 10 "Floods" relating to the Village's floodplain management regulations; and WHEREAS' Village Staff recommends'additional revisions to the Village's floodplain management regulations to expand the definition of Coastal AZone and clarify specific methods of construction and requirements for additional elevation; and \ryHEREAS, the Village Council finds that adoption of this Ordinance is in the best interest and welfare of the Village and its residents. NOW, THEREFOREO IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNEO FLORIDA' AS FOLLOWSI: Section 1. Recitals. That the above recitals are true and correct and incorporated herein by this reference. Section 2. Amendine Sections L0-63 and 10-73 of Chapter 10 of the Villaee Code. That Sections 10-63 and 10-73 of Chapter 10 of the Code of Key Biscayne, Florida, are hereby amended as set forth in Exhibit'oA" attached hereto and incorporated herein. Section 3. CodifTcation. That it is the intent of the Village Council that the provisions of this ordinance shall become and be made a part of the Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "articlre," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. Severability. That the provisions of this Ordinance are declared to be Coding: Striketh+eugts*erds are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicted with highlighted ¿ecåk.e{rik€thræÊh and doublc_undsrlinc. Page I of6

severable and ifany section, sentence, clause or phrase ofthis 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 5. Conflicts. 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 be effective immediately upon adoption on second reading. PASSED on first reading this 29th day of August,2017. PASSED AND ADOPTED on second reading this - day of - ,2017. MAYOR MAYRA PEÑA LINDSAY ATTEST JENNIFER DUQUE, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 of 6

EXHIBIT ''A'' *** ARTICLE II. . DEFINITIONS *** DIVISION 2. . DEFINITIONS Section 10-63. - Definitions. {(** Coastal A, Zone. Flood hazard areas that have been delineated as subject to wave heights between I % feet (457 mm) and 3 feet (914 mm). Such areas are seaward of the Limit of ModerateVy'aveActionshownontheFloodInsuranceRateMapor@ as identified on Figure 1 incorporated herein, whichever is most landward. *,ß{. Page 4 of 6

ARTICLE III FLOOD RESISTANT DEVELOPMENT DIVISION 1. . BUILDINGS AND STRUCTURES * {. rl. Section 10-73. Specific methods of construction and requirements. The following specific methods of construction and requirements apply in the Village: (1) Lower Substantial Improvement. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the terms "Substantial Damage" and ooSubstantial Improvement" shall be as provided in Section 10-63. (2) Limits on Enclosures. For one- and two-family dwellings in flood hazard areas, the following limitations apply to enclosed areas below elevated buildings: a. Access shall be the minimum necessary to allow for only parking of vehicles (garage door), limited storage of maintenance equipment in connection with the prer,nises (standard exterior door), or entry to the living area (stairway or elevator). b. The interior portion shall not be finished or partitioned into separate rooms. (3) Additional Elevation (Freeboard). a. One- and Two-Family Dwellings, New Construction. For new construction of one- and two-family dwellings, the minimum elevation of the lowest floor or the bottom of the lowest horizontal structural member, as applicable to the flood zone, shall be to or above the base flood elevation @ Wplusone(1) or in the Florida B uil din g C o d e, R e s i d e nt i al ^ whichev er is higher . b. One- and Two-Family Dwellings, Substantial Improvement/Damage. For substantial improvement/dgmagg of one- and two-family dwellings, the minimum elevation of the lowest floor or the bottom of the lowest horizontal structural member, as applicable to the flood zone, shall be to or above the base flood elevation as provided in the Florida Building Code, Residential. c. Critical Facilities. All Critical Facilities shall be elevated or protected to or above the minimum elevation requirements of the Florida Building Code or the 500-year flood elevation plus one foot, whichever is higher. (a) Site Plans. Site plans shall have sufficient evidence to demonstrate: a. Street flooding and local drainage from and onto adjoining properties is accounted for and will not affect the proposed building; and b. Positive drainage away from the building is directed to an approved point of collection that does not create ahazard or problem on adjoining properties. (5) Foundation Design Requirements, One- and Two-Family Dwellings. Construction documents shall include documentation, prepared and sealed by a registered design professional, that the foundation design accounts for site-specific flood loads. Page 5 of 6 *{<*.

FIGURE 1 Coastal A Zone Map 1lg.¡d ll----[ u-rørgoun¿",v Sll*"*,o r*^ÞDro¡. sr3 Affi a^y' Fþod Hs!.rdzoñ Lho Coastal A Zone Arce 2 Approx. 67 Acres 246 Acre¡ Coagtal A Zonc Area 1 0 1,200 l!!51!Slrset ^ e COASTAL A ZONE DELINEAT¡ON VILLAGE OF KEY BIECAYNE, FLORIDA (DATED 8tU20171 Figure 1 il!. vro' Cø3ïArA¿qte nì¡d F,' ,,lrl \'r riì .r,r i,r I r iii Jr. lii',;' .i) r^{t'. 's 4.i I .rr ,t¡1. r. .i:.,i.ì t. ¡ a a A I I I )þl -¡ ir rl -. ' ¡.t i::t' 1 . -:¡ "' i,; ,¡1 J.:úì '+. Õ , t t.' l¡u'..",i a r !qt -r{ç¡,,.rr:r " -.....I r,. ".. t.. ,.' P. .- a'. : 'a rc¡tdå '.'l'/ \ li'1. :j,.1:-'.. r^r?r : .t "i. f.'r a, ¡¿, 1- *j. , ,rs ba + r. rg ç i¡" " ). It ì Õ' . h' .¡ t ;r- { 1'l,i;, 'r',, f '.-. j) I ' i rr'1' ,r rr ¡ i rr I 1¡r/' r,,..r l ''. \ti , Page 6 of6

TAB 2

Village Coøncil MaynP.Lindsay,Mayr Franklin H. Caplan, Vice MEor Luis E delaCruz Gary R. Gross Allison McCormick Brett G. Moss Katie Petros Village Manager John C. Gilbert VILTAGE OF KEY BISCAYNE Office of the Village Manager MEMORANDUM DATE November 14,2017 Honorable Mayor and Members of the Village Council John C. Gilbert, Village Manager Selecting Tapia Luis M Service, Corp. for the Village Green Toddler Park Lighting lmprovements TO RE FROM RECOMMENDATION It is recommended that the Village Council authorize the Village Manager to expend an amount notto exceed $113,628.88 to install lighting improvement at the Village Green Playground and execute a contract with Tapia Luis M Services Corp. BACKGROUND On January 24,2017, the Village Council was approached by residents requesting that the playground area be lit so it may be accessible to the public in the winter months. On February 21, 2017, The Village Council authorized the Village Manager to issue a work order to EAC Consulting, lnc. for engineering services to accomplish this project. The Village issued lnvitation to Bid 2017-08-09. Over 800 suppliers received the bid documents, thirteen (13) downloaded the bid documents and three (3) responded to the bid. The bid analysis was performed by EAC Consulting, lnc. EAC's evaluation found that Tapia Luis M Services Corp was the lowest responsive and responsible bidder. The recommendation letter is attached as Exhibit uA". This bid is attached as Exhibit "B". Revier¡¡ed by Mrs. Haydee Sera from Weiss Serota Helfman Cole & Bierman as to form and legal sufficiency. 88'S7est Mclntyre Street . Suite 2lO . Key Biscayne, Florida 33L49 . (305) 365-55L4 . Fax (305) 365-8936 MISSION STATEMENT:"TO PROVIDEA SAFE, QUÂLITY COMMUNITY ENVIRONMENT FOR ALL ISI-A.NDERS THROUGH RESPONSIBI.E GOVERNMENT." www.keybiscayne. fl , gov

RESOLUTION NO. 2OI7- A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING TAPIA LUIS M SERVICE, CORP. FOR THE VILLAGE GREEN TODDLER PARK LIGHTING IMPROVEMENTS PROJECT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 3.07(b) of the Charter of the Village of Key Biscayne, Florida (the "Village"), the Village Council desires to authorize the expenditure of V.illage funds for the capital project consisting of the installation of decorative lighting at the Village Green Toddler Park (the'oProject"); and \üHEREAS, the Village received three proposals for the Project, which were reviewed and evaluated by EAC Consulting, Inc., one of the Village's engineering consultants; and \ryHEREAS, Tapia Luis M Service, Corp. (the "Contractor") submitted a proposal for the Project ("Proposal"); and WHEREAS, after review and evaluation of the three proposals, the Village Manager recommends that the Contractor be selected to perform the Project as the lowest, responsive and responsible bidder; and WHEREAS' the Village Council desires to select Contractor to perform the Project and authorize the Village Manager to negotiate and execute a contract with the Contractor consistent with the Proposal in an amount not to exceed $113,628.88 (the "Contract"); and WHEREAS, the Village Council finds that it is in the best interest of the Village to authorize and award a Contract for the Project to Contractor; and Page I of3

WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the citizens of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FI,ORIDA AS FOLLOWS: Section L. Recitals. Each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Selection. The Village Council hereby approves and selects the Contractor for the Project. Section 3. Authorization. The Village Council hereby authorizes the Village Manager to negotiate and execute a Contract consistent with the Contractor's Proposal in an amount not to exceed $113,628.88, and execute any related or necessary documentation on behalf of the Village, subject to approval by the Village Attorney as to form, content, and legal sufficiency. Section 4. Implementation. The Village Council hereby authorizes the Village Manager to take any action which is reasonably necessary to implement the purpose of this Resolution. Section 5. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 14rh day of November,2017. Page 2 of 3 MAYOR MAYRA PEÑA LINDSAY

ATTEST: JENNIFER DUQUE, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of3

EXHIBIT ''A Êtl 7- hr-b EAC Consulting, lnc. Re October 17,2OL7 Ana de Varona Village of Key Biscayne 88 West Mclntyre Street Key Biscayne, FL 33149 Bid Analysis Report for Toddler Park Lighting lmprovements EAC Project No.: 16008-MU01-04 Dear Ms. Varona, EAC Consultíng, lnc. has performed the Bid Analysis for the referenced project based on receipt of three (3) bid documents that were submitted and opened by the Village of Key Bíscayne on October 3'd,2A17 at 2:00 pm. Bids were received from Tapia Luis M Service Corp, AUM Construction, and Stone Concept Miami, lnc, The Bid Analysis consisted of the following: L. All bids were checked to ensure that each bidder demonstrated a minimum of five (5) years of experience in this type of construction, provided three (3) comparable previous projects and was present at the mandatory pre-bid conference held on August 22,201-7. 2. All bids were checked for arithmetical correctness 3. Telephone intervíews were conducted with the references provided by each bidder. The approach taken was to interview the references, starting with the lowest responsive and responsible bidder. ln the event that any of their references provided any negative feedback that could affect our opinion of their suitability for the project, then the second lowest responsíve and responsible bidder's references would be checked and so on and so forth until a suitable bidder could be found. Summary of Findings 1. All bidders demonstrated five (5) years of experience and províded three (3) comparable previous projects. All the bidders attended the mandatory pre-bid meeting. 2. All bids submitted were arithmetically correct with the exception of bids submitted byTapia Luis M Service Corp. who had an actual bid that was Sl-5,000lower than their submitted bid. It appears that they did not include the Contingency in the Grand Total, 3. All of the references provided by the lowest bidder gave positive feedback for adherence to budget, adherence to schedule, and quality of workmanship. Page 1 of 2

Recommendation Based on our evaluation, we found thatTopía Luis M Servíce Corp is the lowest responsive and responsible bidder and we recommend that they be considered for the contract award of the project in the amount of one hundred thirteen thousond six hundred dnd twenty eight dotlars and eiEhty eight cents (5773,628.58). Please feel free to call us at 305-265-5400 with any questions or concerns. Sincerely, EAC Consulting, lnc. Ramon Borges, P.E. Lead Engineer cc. File Tony Brown - Village of Key Biscayne Huntley Higgins, P.E, - EAC Consulting, lnc Page 2 of 2

EXHIBIT ''B'' ProjecÌ Monuol for Ïoddler Pork L¡ghling lmprovements Villoge of Key EiscÕyne llB 2017-08-09 sEciloN 00300 PROPOSAI. TODDTER PARK TIGHTING IMPROVEMENTS VILI.AGE OF KEY EISCAYNE, TLOR¡DA Villoge Clerk's Office Villoge of Key Biscoyne Villoge Holl 88 W. Mclntyre Streei Key Biscoyne, Florido 33149 The undersigned. os Bidder, hereby declores thot the only person or persons interested in the Proposol, os principol or principols, is or ore nomed herein ond lhot no other person lhqn herein mentioned hos ony interest in lhe Proposol of the Controct to which the work pertoins; thol this Proposol is mode without connection or onongement with ony other person, compony, or porties moking o bid or proposol ond lhot the Proposol is in oll respecls foir ond mode in good foith withoul collusion or froud. The Bidder certifies thol The bidder is not o nonresident olien, or o foreign corporotion/entity formed under the lows of o country other thon the United Slotes. The Bidder further declores lhot he hos exomined lhe site of the work ond thot from personol knowledge ond experience, or thot he hos mode sufficient observotions of the condilions of the proposed Project Site to sotisfy himself thot such sile is o conect ond suitoble one for this work ond he ossumes full responsibility therefore, thot he hos exomined lhe Drowings ond Specificotions for the work ond from his own experience or from professionol odvice thot the Drowings, including bid item quontities, ond Specificotions ore sufficient for lhe work to be done ond he hos exomined the olher Controctuol Documents reloting thereto, including the Notice of Bid lnvitotion, lnslructions 1o Bidders, Proposol, Controcl, Generol Conditions. Supplementory Conditions, Speciol Conditions, Technicol Specificotions, Drowings ond hos reod oll oddendo prior lo lhe receipt of bids. ond thol he hos sotisfied himself fully, relolive to oll motters ond conditions wilh respect to the work lo which lhis Proposol perloins. The Bidder proposes ond ogrees, if this Proposol is occepled, lo coniroct with the Villoge of Key Biscoyne (Owner), in the form of controcl specified. to furnish oll necessory moteriols, oll equipment. oll necessory