Regular Council Meeting May 8, 2018

MINT]TES REGULAR COLTNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, MAY 8,2018 COLINCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:30 p.m. Present were Councilmembers Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Vice Mayor Allison McCormick and Mayor Mayra P Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Jennifer Medina and Village Attorney's Chad Friedman and Stephen H. Helfman. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance 3. INVOCATION: Rabbi Yoel Caroline from Chabad of Key Biscayne provided an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay acknowledged the large number of residents interested in the sea level rise initiatives. Councilmember Petros addressed the public apologizing for the late start of the Council meeting. 5. AGENDA: Councilmember Petros requested to withdraw Item 1044. Mayor Lindsay requested to revise the discussion Item 10A16 by removing the word "pocket" and also requested the addition of a discussion regarding eliminating plastic straws as Item 10417 and lastly, requested to defer Item 10A8 to the next regularly scheduled Council meeting. Councilmember de la Cruz requested to defer Item 10414 to the next regularly scheduled Council meeting. Vice Mayor Caplan requested to defer ltem 10410 to the next regularly scheduled Council meeting. There were no objections to the agenda changes. 6. PUBLIC COMMENTS: The following residents addressed the Council: Betty Conroy, 785 Crandon Boulevard; Pat Woodson, 472Warren Lane; Derek Duzoglou, 155 Sunrise Drive; Michael Kelly, 395 Gulf Road and Theodore Holloway, 575 Crandon Boulevard.

May 8, 2018 7. SPECIAL PRESENTATIONS: Manny Rionda, 155 Sunrise Drive, presented to the Council efforts of Key Biscayne volunteers towards beach clean-ups. At this time, Item 78 was heard. The Mayor presented a proclamation in observance of the Florida Flood Awareness week At this time, Item 7C was heard. W.D. Higginbothem, Jr. from Mercer Group Florida, LLC. addressed the Council regarding a status update of the search for a Village Manager. There was extensive discussion by Council regarding the finalists for the Village Manager position. It was the consensus of Council to review the credentials of all eight (8) candidates and select the top five (5) candidates for the Village Manager position and each Councilmember will then send the top five (5) candidates by 12:00 p.m. on May 16,2018 to the Village Clerk. At that time, the Clerk will then compile the results and forward the results to Council. It was the consensus of Council to schedule interviews for the final five (5) candidates for the Village Manager position on Sunday, June 3,2018 and Monday, June 4,2018 and select the finalist for the Village Manager position at the Tuesday, June 5, 2018 Regular Council Meeting. At this time, Mayor Lindsay addressed the Council requesting to hear Item 98 before Item 9A There no objections to the agenda change. At this time, Item 9B was heard. The Clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDAO APPROVING A SETTLEMENT AGRE,EMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE NATIONAL MARINE MANUFACTURERS ASSOCIATION IN THE PENDING ACTION STYLED VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, ET ALO MIAMI-DADE COUNTY CASE NO' t5-2997CA-01 (21); 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. Mayor Lindsay allowed for public comments. There were no speakers present. The Mayor closed public comments. 2 of 7

May 8, 2018 There was extensive discussion by Council regarding this resolution. At this time, Ian DeMello representing the Village from Shubin & Bass addressed the Council regarding this resolution. At this time, Police Chief Charles R. Press addressed the Council regarding the traffic caused by the Miami International Boat Show at the Marine Stadium. It was the consensus of Council to revise Sections 9(G) and 9(H) of the settlement agreement between the Village and National Marine Manufacturers Association O{MMA) to read as follows: 9(G) Drop-off for Taxi, Uber, and other for-hire car services and prepaid VIP parking will manage and minimize stacking as approved in the MOT to reduce traffic impact on the Rickenbacker Causeway. The NMMA will work with the City of Miami taxi regulators, and other for-hire car operators such as Uber and Lyft, to establish designated drop-off points on the north side of Rickenbacker Causeway to guard against stacking within the Rickenbacker Causeway; and 9(H) The NMMA will use best efforts not to exceed 4,000 pre-paid parking spaces per day on Virginia Key and agrees that the total number of pre-paid parking spaces on Virginia Key will not exceed 4,500 parking spaces per day. 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. ORDINANCES: There were no ordinances heard. RESOLUTIONS: The Clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNEO 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 PARK LOCATED AT 530 CRANDON BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Councilmember Petros. The Manager addressed the Council recommending approval of this resolution. 8 9 3 of 7

May 8, 2018 Vice Mayor Caplan addressed the Council providing an update on a meeting with the Miami- Dade County Library Director regarding the Key Biscayne Library. 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 laCruz, 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, ENDORSING AND SUPPORTING THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION'S (TPO) STRATEGIC MIAMI AREA RAPID TRANSIT (SMART) PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Vice Mayor Caplan 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. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed Mayor and Councilmembers. Councilmember Moss addressed the Council regarding installing a license plate reader At this time, the Police Chief addressed the Council regarding the installation of a license plate reader. There was extensive discussion by Council regarding the installation of a license plate reader It was the consensus of Council to direct the Manager to move forward with the installation of a license plate reader. Councilmember Gross addressed the Council regarding issuing a Request for Proposals for a State lobbyist. There was extensive discussion by Council regarding the issuance of a Request for Proposals for a State lobbyist. It was consensus of Council to direct the Attorney to prepare a Request for Proposals for a State lobbyist. 4of7

May 8, 2018 Councilmember Moss addressed the Council regarding the Crandon Boulevard and Mashta Drive intersection traffic light. The Manager and the Police Chief addressed the Council regarding completing the installation of the traffic light on the intersection of Crandon Boulevard and Mashta Drive by October of 2018. There was extensive discussion by Council regarding the installation of the smart traffrc lights. The Attorney addressed the Council regarding the deadline to expend the monies for the installation of the smart trafhc lights. Item 10D4 was withdrawn earlier in the meeting. Councilmember McCormick addressed the Council regarding the Village Council utilizing the Council Chamber meeting space. There was extensive discussion by Council regarding a Village Council meeting space. It was the consensus of Council to direct the Manager to provide for a l2xl2 Council meeting space within Village Hall with easy accessibility. Councilmember Moss addressed the Council regarding the addition of an Assistant Village Manager position. There was extensive discussion by Council regarding the addition of an Assistant Village Manager position and the Finance Director position. Councilmember McCormick addressed the Council regarding the Village's Council/Manager form of government. Item 10D8 was withdrawn earlier in the meeting. The Mayor, with the consensus of Council, reappointed the following individuals to the Board of Special Magistrates: Rosemary Salas, Nancy Stoner, Michelle Estevez, Michael Davey, Timothy Stickney and Gabriel Chavarria as the First Alternate. At this time, the Mayor addressed the Council requesting to provide names of interested residents to the Clerk to fill the additional vacancy on the Board of Special Magistrates by the next regularly scheduled Council meeting. Item 10D10 was withdrawn earlier in the meeting. Councilmember Petros addressed the Council regarding the goal and objective setting with Charter employees. 5 of 7

May 8, 2018 There was extensive discussion by Council regarding the goal and objective setting with Charter employees. At this time, Vice Mayor Caplan exited the Chambers (10:53 p.m.) Councilmember Petros addressed the Council regarding circulating information thru the Clerk from municipal governments with an established Charter Official evaluation process for Charter employees. At this time, Item l0Dl2 was heard Councilmember de IaCruzaddressed the Council regarding the purchase of the entry block. Councilmember Moss made a motion to obtain a new appraisal for the entry block. The motion was seconded by Mayor Lindsay and approved by a 7-0 voice vote. The vote was as follows: The vote was as follows: Councilmembers Luis de laCruz, 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 10416 was heard. Mayor Lindsay addressed the Council regarding a Park Master Plan V/orkshop. It was the consensus of Council to direct the Clerk to coordinate a date and time with the Council to schedule a Park Master Plan Workshop. Item 10D13 was deferred to the next regularly scheduled Council meeting. Item 10D14 was withdrawn earlier in the meeting. Item 10D15 was deferred to the next regularly scheduled Council meeting. At this time, Item 10D17 was heard. The Mayor addressed the Council regarding the Seawall Coalition. It was the consensus of Council to direct the Attorney to bring forth the necessary legislation regarding the Seawall Coalition at the next regularly scheduled Council meeting. At this time, Item 10D18 was heard. The Mayor addressed the Council regarding banning plastic straws. It was the consensus of Council to direct the Attorney to draft the legislation necessary by the next regularly scheduled Council meeting to ban plastic straws. 6of7

May 8, 2018 At this time, the Mayor addressed the Council requesting a Special Council Meeting regarding the Village's litigation cases with the City of Miami, NMMA and Miami-Dade County on Friday, May 11,2018 at 4:00 p.m. There were no objections by Council to schedule a Special Council Meeting on Friday, May 1I,2018 at 4:00 p.m. to discuss the Village's litigation cases with the City of Miami, NMMA and Miami-Dade County. The remaining items on the agenda were deferred to the next regularly scheduled Council meeting. Villaee Attorney. The Attorney did not submit a report Village Clerk. The Clerk's report was deferred to the next regularly scheduled Council Meeting. Village Manaser. The Manager did not submit a report. 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 MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. submitted: Vílløge Clerk Approved ì June 2019: \y Michøel W. Davey 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 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. 7of7

REGULAR COUNCIL MEETING TUESDAY, MAY 8 2018 7:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. INVOCATION: RABBI YOEL CAROLINE FROM CHABAD OF KEY BISCAYNE 3. PLEDGE OF ALLEGIANCE 4. BRIEF COMMENTS BY COUNCIL 5. AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS SUBSTITUTIONS/WITHDRAWAL 6. PUBLIC COMMENTS 7. SPECIAL PRESENTATIONS: A. KEY BISCAYNE BEACH CLEAN-UP PROGRAM B. PRESENTATION OF A PROCLAMATION IN OBSERVANCE ...........TAB 1 OF FLORIDA FLOOD AWARENESS WEEK C. UPDATE REGARDING SEARCH FOR VILLAGE MANAGER BY W.D. HIGGINBOTHAM, JR. FROM MERCER GROUP FLORIDA, LLC. 8. ORDINANCES: A. NONE 9. RESOLUTIONS: (NOT LATER THAN 8:30 P.M.) A. A RESOLUTION ..........TAB 2 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 PARK LOCATED AT 530 CRANDON BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) (CONTINUED FROM APRIL 24, 2018 REGULAR COUNCIL MEETING) B. A RESOLUTION ..........TAB 3 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SETTLEMENT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE NATIONAL MARINE MANUFACTURERS ASSOCIATION IN THE PENDING ACTION STYLED VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, ET AL, MIAMI-DADE COUNTY CASE NO. 15-2997CA-01 (21); PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE ATTORNEY) C. A RESOLUTION ..........TAB 4 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ENDORSING AND SUPPORTING THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION'S (TPO) STRATEGIC MIAMI AREA RAPID TRANSIT (SMART) PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCILMEMBERS 1.) LICENSE PLATE READER – DETECTION (COUNCILMEMBER MOSS) 2.) RFP FOR LOBBYIST (COUNCILMEMBER GROSS) 3.) CRANDON AND MASHTA TRAFFIC LIGHT (COUNCILMEMBER MOSS) 4.) BOAT SHOW (COUNCILMEMBER PETROS) 5.) COUNCIL CHAMBER MEETING SPACE (COUNCILMEMBER MCCORMICK) 6.) ASSISTANT MANAGER (COUNCILMEMBER MOSS)

7.) COUNCIL/MANAGER FORM OF GOVERNMENT (COUNCILMEMBER MCCORMICK) 8.) CRANDON PARK AGREEMENT (MAYOR LINDSAY) 9.) REAPPOINTMENT OF SPECIAL MAGISTRATES (MAYOR LINDSAY) 10.) FLIGHTPATH OVER KEY BISCAYNE (VICE MAYOR CAPLAN) 11.) GOAL AND OBJECTIVE SETTING WITH CHARTER EMPLOYEES (COUNCILMEMBER PETROS) 12.) THE ENTRY BLOCK (COUNCILMEMBER DE LA CRUZ) 13.) STATE OF THE VILLAGE LANDSCAPING (TREE TRIMMING, ETC.) AND STORM DRAINAGE PRIOR TO HURRICANE SEASON (COUNCILMEMBER DE LA CRUZ) 14.) DIRECTOR OF PUBLIC WORKS (COUNCILMEMBER DE LA CRUZ) 15.) DISCUSSION OF REQUEST BY GATED COMMUNITIES FOR REIMBURSEMENT FOR COSTS OF STORM DEBRIS REMOVAL (COUNCILMEMBER DE LA CRUZ) 16.) POCKET PARK MASTER PLAN WORKSHOP (MAYOR LINDSAY) 17.) SEAWALL COALITION ...........TAB 5 (MAYOR LINDSAY) B. VILLAGE ATTORNEY 1.) NONE C. VILLAGE CLERK

1.) FOR INFORMATIONAL PURPOSES ONLY: ..........TAB 6 2018 BALLOT QUESTION REGARDING FILLING VACANCIES ON THE VILLAGE COUNCIL D. VILLAGE MANAGER (NOT LATER THAN 10:00 P.M.) 1.) NONE 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, JUNE 5, 2018, 7:00 P.M., COUNCIL CHAMBER B. BUDGET WORKSHOP TUESDAY, JUNE 26, 2018, 7:00 P.M., COUNCIL CHAMBER C. REGULAR COUNCIL MEETING TUESDAY, AUGUST 28, 2018, 7:00 P.M., COUNCIL CHAMBER D. FIRST BUDGET HEARING TUESDAY, SEPTEMBER 11, 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 OFFICEOF THEMAYOR WHEREAS, The Village of Key Biscayne has experienced severe weather in the past in the form of extreme rainfoll or tropicøl system events resulting in flooding, and this flooding has caused damage andflood losses to homes and buildings in all areas whether they are high-risk specialflood hazard areos or low to moderate riskflood zones; and WHEfuEA$ The Village of Key Biscayne is q voluntary participant in the National Flood Insurance Program that provides residents with the opportunity to protect themselves against flood loss through the purchase of flood insurance at reduced insurance premium rates, as well as setting higher regulatory standards to reduce the flood risk and potentialflood damage to their property; and IYHEREA$ the reducrion of loss of life and property damage can be achieved when appropriate flood preparedness, control, and mitigation measures are taken before a flood; and WHEREA$ public education and awareness of potential weather hozards and methods of protection are critical to the health, safety and welfare of residents, the Florida Floodplain Managers Association (FFMA), have declared the week of April 30 through May 6, 2018 as Flood Awareness lleek to promote qwareness and increase lvtowledge offlood risk, the wailability offlood insurance, flood protection methods, and how to pre p ar e for e mer genc ie s. NOlry, THEREFORE, WE THE WLLAGE OF KEY BISCAYNE, do hereby April 30 through May 6, 2018 as, FLOOD AWARENESS WEEK IN THE WLLAGE OF KEY BISCAYNE andfurther encourage the citizens of THE VILLAGE OF KEY BISCAYNE to increase their knowledge of how to protect and their property from flooding. Presented this 8'h of May, 2018 MAYOR MAYRA PEÑA LINDSAY

TAB 2

VILLAGE OF KEY BISCA Village Council Mayra P. Lindsay, Mayr DATE' Franklin H. Caplan, Vice MEtor 'ä:åi:å,::T', ro: Allison McCormick Bre6 G.Moss FROM Katie Petros RE: Village Manager John C. Gilbert Office of the Village Manager MEMORANDUM May 8, 2019 Honorable Mayor and Members of the Village Council John C. Gilbert, Village Manager Authorizing the Village Manager to lssue a Work Order to Calvin, Giordano & Associates, lnc (CGA) for Additional Design Services RECOMM NDATION It is recommended that the Village Council authorize the Village Manager to issue two (2) work orders to CGA for two additional design services intended for the 530 Crandon Park project. The first addition addresses the utility undergrounding. The second addition incorporates a pump track in the design of 530 Crandon Park. BACKGROUND On April 24, 2018 the Village Council deferred this item to the May 8, 2018 Village Council agenda. On June 13,2017 the Village Council authorized the Village Manager to enter into an agreement with CGA for the design of 530 Crandon Park. The motion to authorize the Manager to proceed did not specifically address the proposed "Electrical Engineering Services for Utility Undergrounding Coordination" for a sum not to exceed $19,715. Staff recommends that the Village Council authorize CGA to proceed with this design service as the planting buffer to screen the park from the adjacent Sun Trust Bank would be limited by the need to keep any landscaping clear of the existing power lines. ln addition to improved aesthetics, it will be more efficient to complete this undergrounding while the park is under construction rather than return to complete the project after the park is completed and serving the community. On August 29, 2017 the Village Council authorized the Village Manager to incorporate the pump track in the design of the park. The additional design services required for inclusion of this element is for a sum not to exceed $17,670. CGA has provided a proposal, attached as Exhibit "A", pursuant to the Continuing Professional Services Agreement executed on May 24,2016. 88'west Mclntyre street ' suite ZLo ' Key Biscayne, Florida 33149 ' (305) 365-5514 ' Fax (305) 365-8936 MtssIoN sTÄTEMENT:,.TO PROVIDEA SAFE, QUALITY COMMUNTTY ENVIRONMENT IrOR^dLL ISL\NDERSl'HROIJGH RESPONSIBLE GOVERNM[N',l"" www.keybiscayne. fl . gov

The additional services described in Exhibit "4" would be paid from the 530 Crandon Park Construction line item included 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 COTINCIL 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 PARK LOCATED AT 530 CRANDON BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne ("Village") issued Request for Qualifications No. 2016-02-09 ("RFQ") for continuing professional engineering services; and \ilHEREAS, pursuant to the RFQ, the Village Council selected Calvin, Giordano & Associates, Inc. ("Consultant") as one of the consultants to provide continuing professional engineering services and authorized the Village Manager to execute an agreement with Consultant; and \ryHEREAS, Consultant has provided a proposal, attached hereto as Exhibit "4," (the "Proposal") for design criteria professional services and construction administration services relating to utility undergrounding and a pump track design at the park located at 530 Crandon Boulevard (the "Project"); and WHEREAS, the Village Council desires to authorize the Village Manager to issue a work order for the Project consistent with the Proposal and the professional services agreement entered into between the Village and Consultant; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NO\ry, THEREFORE, BE IT RE,SOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:

Section 1. Recitals. Each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Villase Manaser Authorized. The Village Manager is hereby authorized to issue a work order to Consultant for the Project that is consistent with the Proposal attached hereto as Exhibit ooA." Section 3. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED and ADOPTED this 8th day of May, 2018. MAYOR MAYRA PENA LINDSAY ATTEST: JENNIFER MEDINA, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY 2

t. Building Code Services Civil Englneer¡ng / Roadway & Highway Design Coastal Englneering Code Enforcement Con$truct¡on Englneerlng & lnspeciion (CEl) Constructlon Services Dala Technologies & Development Electrical Engineering Engineering Environmental Services Facilitles Management Geograph¡c lnformal¡on Systems (GlS) Governmental Services lndoor Air 0uality Landscape Architecture Planning Proiect Management Redevelopment & Urban Deslgn Surveying & Mapping Traffic Engineoring ïransporlation Planning Water / Utilitios Engineering Website Development 1800 Eller Drive Suite 600 Fort Lauderdale, FL 3331 6 954,921.7781 phone 954.921,8807 fax www.cgasolutions.com EXHIBIT ''A'' Calvin, Giordano & Associates, lnc. EXCËPTIO NA L SOLUTIONS" DATE: RE: CLIENT: ATTENTION: CGA NO.: Additional Services Agreement March 23,2418 530 Crandon Blvd Additional Engineering Services Village of Key Biscayne Village Hall, 88 W. Mclntyre Street, Room 210 Key Biscaynq FL 33149 Mr. John C. Gilbert 16-8467.14 CGA HAS BEEN ADVISED TO PROCEED WITH THE FOLLOWING ADDITIONAL SERMCES: Due to the client's request for work outside the original scope of serices, Calvin, Giordano & Associates, Inc. will provide the following additional services: I. ProfessionalEngineeringServices A. Civil Engineering 1. PreliminaryEngineering CGA will perfonnpreliminary site investigation, and utility coordination. Based on Sunshine design ticket, preliminary utility request letters will be sent to the utility providers. CGA \¡¡ill prepare and coordinate preliminary site grading, CGA will prepare preliminary civil engineering plans based on Site Plan. Preliminary Engineering Plans will only include paving, grading, & drainage plans. a a a FORT LAUDERDALE MIAMI.DADE WESTPALM BEACH CLEARWATER/TAMPA ESTERO PORTST LUCIE

a ¡ CGA will coordinate with Geotechnical Engineer (sub- consultant) to anaþe the subsurface soil conditions beneath the site by performing (1) Standard Penehation Test boring (to a depth of 15 feet below grade) and (1) Exfiltration Test. Owner must provide access to the site for the testing rig. 2. Final Engineering Upon acceptance of the preliminary plans by the Client, CGA will proceed to prepare the Final Engineering Plans and Details. Such plans will only include paving, grading, & drainage plans and details for site work. Comments received from the client will be addressed in the final engineering plans. CGA will prepare Cost Estimate, technical specifications for civil site work. Technical specifications will be included in the project plans only. CGA will perform Drainage Calculations for proposed drainage system. a a 3. Permitting a a a CGA will submit Plans for Miami-Dade County RERreview and will address reasonable Agency comments. 4. Bidding Phase Services CGA will issue Plans for Bidding. a a CGA will respond to bidder Request for Information (RFI) CGA will update Bid Plans as necessary

o a CGA will attend Pre-Bid meeting as necessary. 5. EngineeringDuringConstruction CGA will perform Shop Drawings review for Drainage and site work. CGA will address Contractor's RFI during construction for civil design. CGA will submit self-certification for FDEP 10-2 Permit. CGA will review final As-builts and submit Final Certification Letter upon satisfactory construction completion. CGA will perform limited Field Visits to observe certain constr uction activities. CGA will attend one Pre-Construction Meeting. a a I a 6. Other Services a a a The only Civil Engineering services included in this proposaVcontract are those identified above. NO OTHER Civil Engineering services are included in this contract. 7. Exclusions Any services not specificaþ identified above are EXCLUDED. As a matter of clarification, the following services are specifically excluded from scope ofservices under this proposal and contract: a

B. ElectricalEngineering 1. Pre-design and Data Collection Field inspection and research of existing site electrical infrastructure and conditions - to determine and assess electrical service point Veri$ with FPL existing primary, secondary, and services within the area which may be impacting the desþ. Preparation of Front End Specifications (Volume 1, Contract Docuurents); Preparation of Technical SpecilTcations (Volume 2) except the specifications included in the plans Permit Application Fees. Any major changes of Site Plan by the owner during the final engineering phase will be subject to additional design fees and Additional Services Agreement (ASA). 2. Preliminary Desþ Park Preliminary Design a a a a Conceptual eleclrical design and calculations as per NEC standards. Prepare preliminary electrical plans. Submit plans to client for review and comments.

Attend meeting with client to address plans and comments. 3. FinalDesþ a Park Final Desþ Incorporate client's comments and feedbaok into plans and specification. Prepare final drawings and materials/light fixfure/poles specifications. 4. Permitting Submit signed and sealed plans to building department for dry- runreview. Address dry-run review comments. Revise or update plans as necessary to address/resolve dry-run review comments. Incorporate any resultant plan revisions into the bid contract documents. 5. Bidding Phase Services a Issue Bid Documents. Respond to bidder Request for Information (RFI). Update Bid Documents as necessary. a a a a O a 6. ConstructionServices

a Respond to RFIs, Review Shop-Drawings a Clarification of contract documents Attend one (1) pre-construction meeting. Attend punchJist meeting at substantial completion. a a a COST OFTIIf,SE SERYICES (Lump Sum) I ProfessionalEngineeringServices A Professional Civil Engineering Services B ProfessionalElectricalEngineeringServices II Meetings not included in I thru I $17,670.00 $19,715.00 I{ourly By: AUTIIORIZATION Kindly sign and return this authorization at your earliest convenience. Calvin, Giord¿no & Associates, Inc. will proceed upon receipt of authorization. By: .¿fut¿nuÇ.ç Mr. John C. Gilbert Village Manager ,./ // Shelley Eichner, A,ICP Senior Vice President Date: Date:

TAB 3

RESOLUTION NO. 2018. A RESOLUTION OF THE VILLAGE COLINCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING A SETTLEMENT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE NATIONAL MARINE MANUFACTURERS ASSOCIATION IN THE PENDING ACTION STYLED WLL.AGE OF KEY BISCAYNE V. CITY OF MIAMI, ET AL, MIAMI.DADE COUNTY CASE NO. 15. 2997-C^-01 (21); PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. \ryHEREAS, on January 8,2015, the City Commission for the City of Miami ("City") adopted Resolution No. 14-01271 and voted to enter into a revocable license agreement with the National Marine Manufacturers Association ("NMMA"), allowing NMMA to use City-owned property surrounding the Miami Marine Stadium, located at approximately 3501 Rickenbacker Causeway (the "Property"), for the purpose of hosting the Miami International Boat Show (the "Boat Show"); and WHEREAS, on January 27,2015, the Village of Key Biscayne (the "Village") Council adopted Resolution No. 2015-4 authorizing the commencement of legal action against all necessary and/or appropriate parties from developing and using the Property in any manner which is in violation of law, or restrictions limiting the use of the Property; and \ryHEREAS, the Village initiated certain litigation against the City in Miami-Dade County Circuit Court under Case No. L5-2997-CA-0I (21), seeking, among other relief, declaratory and injunctive relief pertaining to allegations that the manner of operation of the Property for the Boat Show constitutes a public nuisance (the "Lawsuit"); and \ilHEREAS, the NMMA filed a motion to intervene and, on August 26,2016, was granted the right to intervene in the Lawsuit; and 1

WHEREAS, the NMMA proposed a settlement agreement between the Village and the NMMA that establishes methods of transportation and maintenance of traffic plans for future Boat Shows with the intent to minimize disruptions to traffic flow on the Rickenbacker Causeway that may unreasonably impede traffic to and from the Village and the mainland; and WHEREAS, the Village Council deems it to be in the best interest of the public to authorize a settlement between the Village and the NMMA related to the pending public nuisance claims in the Lawsuit, on the terms specified in the Settlement Agreement attached hereto as Exhibit "4" (the "Settlement Agreement"). NOW, THEREFOREO BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Approval of Settlement Agreement. That the Settlement Agreement between the Villagê and the NMMA in the form attached hereto as Exhibit "A" is approved. Section 3. Authorization of Villaee Officials. That the Village Manager is authorized to execute the Settlement Agreement and all documents deemed necessary to implement the intent of this Resolution, subject to approval by the Village Attorney as to form, content, and legal sufficiency. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this _ day of May,20l8. 2 MAYOR MAYRA PEÑA LINDSAY

ATTEST: JENNIFER MEDINA, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY a J

SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT ("Ag@E!") is made, entered into, and effective as of this _ day of May, 2018 (the "El@-De!g"), by and between the Village of Key Biscayne, Florida ("Y!l!Êæ") and National Marine Manufacturers Association, Inc. ("NME') (each a 6rþ[" and together, the "þ1!þ"). RECITALS WHEREAS, on January 8, 2015, the City Commission for the City of Miami ("ç¡ry") adopted Resolution No. 14-01271 and voted to enter into a rsvocable license agreement with NMMA, allowing NMMA to use City-owned property sunounding the Miami Marine Stadium, located at approximately 3501 Rickenbacker Causeway (the'oÇ!fy&I9¡[,"), fo. the purpose of hosting the Miami Intemational Boat Show (the "EgAIShow") commencing in early 2016; WHEREAS, the Village initiated certain litigation in Miami-Dade County Circuit Court against the City under Case No. 15-2997 CA 09 (the "City Lawsuit"), seeking inter alia declaratory and injunctive relief pertaining to allegations that the manner of operation of the City PropertyfortheBoatShowconstitutosapublicnuisance(the..@,); WHEREAS, NMMA filed a motion to intervene, and on August 26,2016, was granted the right to intervene, in the City Lawsuit; WHEREAS, during the pendency of the City Lawsuit, the Parties convened both formal and informal settlement discussions, along with the City, leading to their mutual decision to stay proceedings, tolling time-periods and reserving all rights, while negotiating in detail a comprehensive settlement agreement on which to settle the City Lawsuit (the o'þ[ Ary!"); Y0VHEREAS, despite the Parties substantial efforts, the City Commission of the City did not approve the Draft Agreement; WHEREAS, the City Lawsuit is set for a trial for the trial period beginning on June 4, 2018, with a deadline to conclude all discovery of fifteen (15) days prior to the frrst day of the trial period (the "Discoverv Cutoff'); WHEREAS, if the Public Nuisance Claim remains an issue to be resolved at the scheduled trial in the City Lawsuit, the Parties will need to explore through discovery many factual issues relating to the Public Nuisance Claim in advance of the Discovery Cutoff; WHEREAS, the Parties now wish to amicably resolve the pending Public Nuisance Claim through the execution of this Agreement, and have agreed to settle their differences as they relate to the Public Nuisance Claim solely to avoid further costs associated with continued litigation of the Public Nuisance Claim in the City Lawsuit, and without admitting liability or waiver. NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: Page I of6

AGREEMENT 1. Recitals. The foregoing recitals set forth above are true and correct and constitute part of this Agreement. 2. Dismissal of Public Nuisance Claim and Other Litisation. Within two (2) business days from the Effective Date, Village shall ca