Regular Council Meeting March 6, 2018

MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, MARCH 6,2018 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 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 Chad Friedman. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance 3. INVOCATION: Reverend Susan Brutell from St. Christopher's by the Sea provided an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay acknowledged the Key Biscayne Chamber of Commerce for hosting such a wonderful Families in Paradise event. Councilmember Petros addressed the public and the Council encouraging residents to register to vote and acknowledged the efforts of Christina Bracken for promoting this initiative. At this time, Mayor Lindsay addressed the Council requesting to hear Item 5C after Item 5A and also requested to hear Items 5 together with Item 10D. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: The Mayor presented a proclamation to observe March 21,2018 as "World Down Syndrome Day". At this time, Item 6 was heard. The following residents addressed the Council: Milagros Ponce de Leon, 455 Woodcrest Road;

March 6, 2018 Michael Davey, 50 Ocean Lane Drive; Nancy Elisburg, 177 Ocean Lane Drive; Ignacio Segurola, 881 Ocean Lane Drive; Bruno Alias Ramos, 200 Cape Florida Drive; Fernando Romero, 121 Crandon Boulevard; Don Elisburg, 177 Ocean Lane Drive; Antonio Camejo, 151 Crandon Boulevard; Claudia de la Cruz, 460 S Mashta Drive; Edward London, 736 V/oodcrest Road and Armando Nunez, 265 Glenridge Road. At this time, Item 5C was heard. Glen Waldman from the Youth Athletics Board presented to the Council a proposed rendering of a structure with lighting at the Key Biscayne K-8 Community School adjacent to the school's playing field to utilize the area for volleyball and basketball activities. Vice Mayor Caplan addressed Mr. Waldman regarding the height of the structure and if the weather conditions would affect utilizing the area for volleyball and basketball activities. There was extensive discussion by Council regarding the proposed rendering of the structure with lighting at the Key Biscayne K-8 Community School adjacent to the school's playing field. At this time, the Mayor allowed for public comments. The following residents addressed the Council: Jennifer Pema, 101 Crandon Boulevard and Johanna Aguilar,711 Crandon Boulevard. At this time, Mr. Waldman addressed the Council regarding the sports participation rate for the different sports being offered. There was extensive discussion by Council regarding the sports revenues and increasing the cost for registrants that are not Key Biscayne residents. At this time, Item 58 was heard. Jorge Duyos from JRD Associates, Inc., addressed the Council regarding the permit fee analysis. There was extensive discussion by Council regarding the permit fee analysis. At this time, the Attomey addressed the Council regarding the Florida State Statue specific to the use of building permit revenues. At this time, Item 10D2 was heard. The Manager and the Building, Zoning and Planning Director Sergio Ascunce addressed the Council regarding bringing forth the necessary legislation to adopt the permit fee schedule. There was extensive discussion by Council regarding the proposed permit fee schedule. At this time, Jorge Duyos addressed the Council regarding the proposed permit fee schedule. 2 of 7

March 6, 2018 The Manager addressed the Council regarding the necessary next step to adopting a building permit fee schedule. At this time, the Mayor allowed for public comments. The following residents addressed the Council: Don Elisburg, 177 Ocean Lane Drive and Antonio Camejo, 151 Crandon Boulevard. It was the consensus of Council to direct the Attorney to draft the necessary legislation to bring forth at the next regularly scheduled Council meeting consisting of an increased building permit fee of a $1.30 per square foot; no cap for new construction; utilize a square footage fee when necessary and include a list of exceptions. At this time, Item 5D was heard The Manager addressed the Council regarding a status update on beach renourishment. Councilmember Gross addressed the Council regarding a status update for the reimbursement to the Village for the prior beach renourishment. It was the consensus of Council to direct the Manager to send a letter to the U.S. Army Corp of Engineers regarding the mitigation of shore damage attributable to Federal navigation work. 6. PUBLIC COMMENTS: This was heard earlier in the meeting 7. AGENDA: Councilmember Moss requested the addition of a discussion regarding a karate tournament as Item 1048 and to hear Item 1048 after Item 9A and also requested to hear Item 10Al after Item 1047. Councilmember McCormick requested the addition of a discussion regarding the V/eston lawsuit gun preemption as Item 1049. The Manager requested the addition of a discussion regarding the tot lot lighting project as Item 10D4. Councilmember Petros requested the addition of a discussion regarding a staff planning session as Item 10410. The Mayor requested to defer Item 84. At this time, Vice Mayor Caplan made a motion to not defer Item 8A. The motion was seconded by Mayor Lindsay and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Luis de la Cruz, Gross R. Gross, McCormick, Brett G. Moss and Vice Mayor Franklin H. Caplan voting Yes. Mayor Mayra P Lindsay and Councilmember Kathleen Petros voting No. The agenda changes were approved by a 6-l 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 voting Yes. Mayor Mayra P. Lindsay voting No. At this time, the Manager's report was heard. 3 of 7

March 6, 2018 The Manager addressed the Council regarding an authorization to issue the Request for Proposals to resurface the Community Center pool deck. Mayor Lindsay made a motion to authorize the Manager to issue a Request for Proposals to resurface the Community Center pool deck. The motion was seconded by Councilmember McCormick 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 10D3 was heard. The Manager addressed the Council regarding a status update on the Emergency Management Plan. At this time, Item 10D4 was heard. The Manager addressed the Council regarding the status of the tot lot park lighting project. At this time, Simon Cook from EAC Consulting addressed the Council regarding the Village's failed attempt to obtain a donation from a resident to install lighting in the tot lot park. It was the consensus of Council to direct the Manager to bring forth the necessary legislation to award the bid and move forward with the lighting project at the tot lot park. 8. ORDINANCES: The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"), AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 23 "RETIREMENT,'' SECTION 23.3I "DEFINITIONS,'' SECTION 23.39 "VESTING' AND SECTION 23.47 "COMMENCEMENT OF BENEFITS' TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO MANAGERIAL MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Gross made a motion to adopt the ordinance on first reading. The motion was seconded by Vice Mayor Caplan. 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 4of7

March 6, 2018 Councilmember Moss made a motion to adopt this ordinance on first reading and gather more information by second reading of this ordinance. The motion was seconded by Vice Mayor Caplan and approved by a5-2rcIlcall vote. The vote was as follows: Councilmembers Luis de laCruz, Gross R. Gross, McCormick, Brett G. Moss and Vice Mayor Franklin H. Caplan voting Yes. Mayor Mayra P Lindsay and Councilmember Kathleen Petros voting No. The Clerk announced the second reading of this ordinance for the April 10, 2018 Regular Council Meeting. At this time, the Clerk read the following ordinance on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTTON 4-33 ,,KITEBOARDING," RELATING TO ADDITTONAL KITEBOARDING REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor McCormick. Councilmember Moss suggested to clarify Sec.4-33(9) of this ordinance to state 'oWhen not in use and outside the Kiteboarding Channel all kiteboarding equipment shall be contained within a bag." Mayor Lindsay made a motion to extend the meeting to 11:05 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 Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance, as amended, was adopted on second reading by a7-0 roll call 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. 9, RESOLUTIONS: The Clerk read the following resolution, by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A KITEBOARDING REGISTRATION FEE; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor Lindsay. Councilmember Moss addressed the Council regarding identifying the registration fee to be an 5of7

March 6, 2018 annual registration fee. It was the consensus of Council to direct the Attorney to revise this resolution to state the kiteboarding registration fee to be an annual registration fee. The Attorney addressed the Council regarding this resolution. There was extensive discussion by Council regarding decreasing the kiteboarding registration fee to Key Biscayne residents. Councilmember Petros made a motion to extend the meeting to 11:10 p.m. The motion was seconded by Councilmember McCormick 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. Councilmember Moss made a motion to approve this resolution to include an annual $250 kiteboarding registration fee and revisit the registration fee in six (6) months. The motion was seconded by Vice Mayor Caplan and approved by 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 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: Ma)¡or and Councilmembers. At this time, Item 1048 was heard. Councilmember Moss addressed the Council regarding the karate tournament. At this time, the Parks and Recreation Director Todd Hofferberth addressed the Council regarding a request to allow a one (1) day karate tournament to take place within the Community Center gym and the use of one (1) multi-purpose room within the Community Center with applicable rental fees. It was the consensus of Council to allow the one (1) day karate tournament to take place within the Community Center gym and also allow the use of one (l) multi-pu{pose room within the Community Center notwithstanding the applicable rental fees. The remaining agenda items were deferred to the April 10,2018 Regular Council Meeting. Villaee Attomey. The Attorney did not submit a report. reportVillaee Clerk. The Clerk did not submit a 6of7

March 6, 2018 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 11:10 p.m. Re sp e ctfu lly s u b mitt e d : Village Clerk Approved thís lÍt' døy of June 2019: Michøel ll/. Døvey Mayor 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 SACH 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. 7of7

REGULAR COUNCIL MEETING TUESDAY, MARCH 6 2018 7:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. INVOCATION: REVEREND SUSAN BRUTTELL ST. CHRISTOPHER’S BY THE SEA 4. BRIEF COMMENTS BY COUNCIL 5. SPECIAL PRESENTATIONS: A. PRESENTATION OF A PROCLAMATION TO .........TAB 1 OBSERVE MARCH 21, 2018 AS “WORLD DOWN SYNDROME DAY” B. PERMIT FEE ANALYSIS BY JRD ASSOCIATES, INC. ..........TAB 2 C. PRESENTATION BY GLEN WALDMAN FROM THE .........TAB 3 YOUTH ATHLETICS ADVISORY BOARD D. STATUS UPDATE ON BEACH RENOURISHMENT ..........TAB 4 6. PUBLIC COMMENTS 7. AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS SUBSTITUTIONS/WITHDRAWAL 8. ORDINANCES: A. FIRST READING 1.) AN ORDINANCE ..........TAB 5 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (“VILLAGE”), AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 23 “RETIREMENT,” SECTION 23-31

“DEFINITIONS,” SECTION 23-39 “VESTING” AND SECTION 23-47 “COMMENCEMENT OF BENEFITS” TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO MANAGERIAL MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. OPEN FOR PUBLIC COMMENTS (SECOND READING ON APRIL 10, 2018) B. SECOND READING 1.) AN ORDINANCE .........TAB 6 OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4-33 “KITEBOARDING,” RELATING TO ADDITIONAL KITEBOARDING REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE COUNCIL) OPEN FOR PUBLIC COMMENTS 9. RESOLUTIONS: A RESOLUTION ..........TAB 7 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A KITEBOARDING REGISTRATION FEE; AND PROVIDING FOR AN EFFECTIVE DATE. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCILMEMBERS 1.) SUPPORTING SECURITY IN ALL KEY BISCAYNE SCHOOLS (COUNCILMEMBER 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) B. VILLAGE ATTORNEY 1.) NONE C. VILLAGE CLERK 1.) NONE D. VILLAGE MANAGER (NOT LATER THAN 10:00 P.M.) 1.) MOTION TO AUTHORIZE THE MANAGER TO ..........TAB 8 ISSUE THE REQUEST FOR PROPOSALS TO RESURFACE THE COMMUNITY CENTER POOL DECK 2.) MOTION TO AUTHORIZE THE MANAGER TO BRING ..........TAB 9 FORTH THE NECESSARY LEGISLATION TO ADOPT THE PERMIT FEE SCHEDULE 3.) STATUS UPDATE ON EMERGENCY MANAGEMENT PLAN 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, APRIL 10, 2018, 7:00 P.M., COUNCIL CHAMBER B. REGULAR COUNCIL MEETING TUESDAY, APRIL 24, 2018, 7:00 P.M., COUNCIL CHAMBER C. REGULAR COUNCIL MEETING TUESDAY, MAY 8, 2018, 7:00 P.M., COUNCIL CHAMBER D. REGULAR COUNCIL MEETING TUESDAY, JUNE 5, 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

I a OFFICE,OF THEMAYOR WHEREAS, World Down Syndrome Day is a global qwareness day which has been fficially observed by the United Nations since 2012; and WHEREAS, there are an estimated 6 million people with Down syndrome in the world today; and WHEREAS, individuals with Down syndrome have tremendous potential to live fult andfutfilling lives as contributing members of the community; and WHEHEAS, people with Down syndrome deservefundamental human and civil rights and ye;t in many countries, people with Down syndrome are still not afforded those rights; and WHEREAS, the Vittage of Key Biscaynefully supports the rights, inclusion and well-being of all individuals with Down syndrome; and WHEREAS, despite dramatic inøeases in lifespan and intellectual ability in the (J.5., there is still much work to be done regarding the rights to equality, inclusion, education, medical care, research, and support þr people with Down syndrome in the U.S. and abroad; and WHEREAS, through pubtic awareness, the Village of Key Biscayne celebrates the hard work and progress made by parents, families members, friends, self-advocates, medical professionals, researchers, educators, and many non-profit organizations all over the world; and ItrHEREAS, the Vittage of Key Biscayne joins the United Nations and over I9l other countries in celebrating and valuing the lives and equality of people with Down syndrome; Therefore, I, Mayra Peña Lindsay, Mayor of the Village of Key Biscayne, do hereby proclaim March 2l't, 2018 as "WORLD DOWN SYNDROME DAY" In the Village of Key BiscaYne MAYOR MAYRA PEÑA LINDSAY

TAB 2

Village of Key Biscayne Permit Fee Analysis e,\S$0ClAltS I ExecunvE SunnrunRv The Village of Key Biscayne (Village) contracted JRD & Associates, lnc. (JRD) to conduct a permit fee analysis to examine and assess permit fees and to evaluate the actual cost of the services provided by the Building, Zoning, and Planning (BZP), Public Works (PW), and Fire deparlments. The findings and recommendations provided in this report are the results of this study. ln developing the recommended permit fees, the followìng three factors were considered Cost recovery - ensure that the fees charged recover the fully burdened costs of the services provided. These costs include all operational (discretionary and non- discretionary) and indirect support costs (incurred by other departments supporting permit-related services) Conciseness - ease for both the customer and the Village to determine the permit fees Building reserve amount - amount of revenue required to ensure the Village can maintain its level and qualiÇ of permit-related services in the future The projected FY 2018 revenue was calculated using the recommended fees and compared to the fully burdened costs to determine the amount of cost recovery achieved. For Building permit fees, a comparative analysis was also conducted to compare the fees in comparable cities. The following is a synopsis of the recommended permit fees: Buildino JRD is recommending a permit fee of $1.30 per SF for all new and renovation construction for which square footage information is collected and a fee of 2.300/" of the value of construction for which there is no square footage information. For all permits, a minimum fee of $100 and a maximum fee of $25,000 is recommended. These fees are inclusive of administrative, plan review, and inspection services for all building, structural and all trades. The estimated FY 2018 revenue generated from the recommended fees is projected to be approximately at the level of FY 2018 expenditures. ln addition to the recommended permit fees, a strategy was provided on how to manage the current and future Building lnspection Reserve balance surpluses. Recommended investment options and revenue adjustments were identified that will bring the balance from $2,259,562 in FY 2016 to approximately $1,335,000 at year end FY 2018. a a a PAGE 1

Village of Key Biscayne Permit Fee Analysis e ASSgCtAIÊ$ Zoning and Planning The majority of the Zoning and Planning recommended permit fees are a flat fee per service The recommended fees were determined by using the fully burdened hourly rate and the estimated average time needed by staff to deliver that service. o Zoning Plan Review Fee: $100 o Site Plan Review Fee: $300 o Supervisory Variance: $100 Public Works All of the Public Works recommended fees are flat fees and are based on the fully burdened hourly rate and the estimated average time needed by staff to deliver that service. ¡ Driveways: $60 . lnstallation or repair of sanitary and storm sewers, waterlines, gas lines, and other underground utilities: $275 o French Drains: $350 Fire Prevention Fire Prevention currently does not utilize a fire permit fee schedule. lnstead it performs fire plan reviews and inspections, and collects $50 per plan review or inspection and $75 per re- review or reinspection from the Building Division. lt is recommended that Fire Prevention institute its own fee schedule to include: o Fire permit for new buildings or additions, alterations and repairs to buildings and other structures: $250 o Fire for multi-family unit or commercial renovation: $75 o Fire Alarms: $100 for up to 10 devices and $250 for more than 10 devices o Fire Suppression Systems: $100 for up to 20 heads and $250 for more than 20 heads By implementing the recommendations in this report, the Village will establish a permitting fee structure which is cost equitable and concise, and will result in efficient and effective customer service without compromising standards or revenue. Peee 2

TAB 3

VILLAGE OF KEY BISCAYNE YOUTH ATHLETICS ADVISORY BOARD Glen Waldman, Chair Victor Balestra Cesar Elizondo Gonzalo Cortabarria Florencia Manero Kenneth Coto PaulZuccarini February 12,2018 Dear Mayor Lindsay and Council Members: I write to you in my capacity as the Chairman of the Youth Athletic Advisory Board, which was formed in January 2008 pursuant to Ordinance 2008-1. I will be coming before you on behalf of the YAAB to discuss certain important matters on February 27th and thought it would be prudent to first give you a heads up to the issues we will be discussing and the action we will be asking you to take. There are three items that we will be discussing and each is summarized below: 1, Addition of Roof Enclosure over Basketball Court and Redo of Surface at KBCS We all are cognizant of the shortage of facilities and the ever-increasing demand. We identified what we strongly believe to be a rarity, a very underutilized facility which we would like to convert into something much more than it is. The basketball court behind the KBCS which abuts the baseball diamond/field is not cunently utilized by any of our sports and frankly, is not suited for our sports in its cunent condition. We have been working for over a year to come up with a proposalfor your consideration, which will radically reverse that fact. Attached is a rendering of the proposed roof structure, which will have interior lights and will protect and cover a completely redone and relined facility for basketball and volleyball usage. We have also enclosed the most affordable estimate to perform the work. lf we proceed with this project, we will be able to further expand our girls' volleyball program and co-ed basketball programs. The girls' volleyball program, which can currently only be run in the recreational center during the months of September, October and November, due to Basketball starting near the end of November, and is also constrained as to the number of girls who can participate. Every year we have a waiting list of Key Biscayne girls, which we must turn away. lncreasing the number of girls in our programs remains a {002ss801'oocl 10 village Green way'Key Biscayne, FL 33149 Telephone: 305-365-8900 ' Fax: 305-365-8991 www.Activ e I s la nde r. org

VILLAGE OF KEY BISCAYNE YOUTH ATHLETICS ADVISORY BOARD Glen Waldman, Chair Victor Balestra Cesar Elizondo Gonzalo Cortabarria Florencia Manero Kenneth Coto PaulZuccarini priority and the additional space will help us accomplish this. The basketball recreational program is run from late November to the end of February and is also constrained by numbers and time frames due to other events and programs needing the recreational floor, Moreover, with the addition of the above facility, we will be able to expand both programs and allow them to be played beyond their short indoor regular seasons in the community center and allow us to move to the next level for those who are interested (and there are many) to provide travel programs and off-season training, This facility could, of course, have many other uses, but at a minimum, it would substantially enhance these current programs and help to satisfy the demand that we have not been able to meet. 2, Position Concernino Taxinq Current Sports: The YAAB was instructed to consider and determine whether there was a methodology to raise additional money for the Village coffers from the current athletic programs. We were also told that the target was to raise revenue of $100,000 per year from our sports. We looked at from the perspective of field usage and tried to come up with a fair way to assess essentially a tax on programs, The more we looked at and dug into it, the more we became convinced that if we followed through with this concepl and tried to get near the target number, we would essentially force the programs to pass the "tax" through to the participants, which would have the effect of raising prices for each participant in each of our affected sports. This is contrary to one of the fundamental tenets, which we have subscribed to, provide excellent programs at a reasonable cost. lmposing this tax would force residents in some instances to pay more for intramural sports than off island, which is anathema to our charge. Accordingly, it is the unanimous position of the Board that a tax to add revenue is not the way to go and we are averse to any such formulation, which would impact the cost to those Key residents who participate in our excellent programs. That said, and understanding that this may be something important to the Council, the YAAB has come up with a proposal, which we befieve accomplishes to a reasonable extent two of the goals, raising revenue for the Village, but not harming resident prices for sports participation, As set forth on the attached spreadsheet, we have come up with a methodology that will raise revenue for the Village and not impact our residents. As such, we propose to add a usage fee for all non-Key Biscayne residents who participate in Key Biscayne sports and have the benefit of our programs, fields and gym space, Not only do we propose that this fee be instituted for youth sports, but also for adult sports, essentially adult 10 Village Green Way' Key Biscayne, FL 33149 Telephone: 305-365-8900' Fax: 305-365-8991 www.Activelslander. o rg l0o25sso1.Doc )

VILLAGE OF KEY BISCAYNE YOUTH ATHLETICS ADVISORY BOARD Glen Waldman, Chair Victor Balestra Gesar Elizondo Gonzalo Cortabarria Florencia Manero Kenneth Coto PaulZuccarini soccer for off island participants. ln this vein, we believe initially we can raise $25,000 in year one and gradually over time increase this, if need be. We are also confident that we will not lose many off island participants, at least in the youth context, and, if we do, so be it. Additionally, the sports that find off-island participants important to their success will be motivated to come up with creative ways to defray these costs (scholarships, fundraisers) with the onus on them. Based on conversations with those sports leaders, we are confident that they will make it work, if it is important to them. 3. Revision of Ordinance 2008: As we have been working through item 2 above and, based on the issues we deal with on an annual basis, concerning scheduling, field usage, expansion of sports and the like, it has become clear that the advisory board is more than a "youth" athletic advisory board, but really a Village athletic advisory board. Specifically, it became logical and necessary for us to dig into the adult soccer program to insure the off-island participants did not receive a free pass and we are frequently addressing issues regarding these non-youth sports in trying to fairly carry out our tasks. ln order to make the above work and to continue to make our sports programs, field allocations and other issues as seamless as possible, the reality is that the YAAB is overseeing all village sports and frankly should be. As such, we are asking that the Council amend Ordinance No 2008-1 in the following respects: a. Change the name of the Board to the Village Athletic Advisory Board; b. Change the charge of the Board from that of "providing reçomm€ndations to the Council regarding the Village's youth athletic program" to "providing recommendations to the Council regarding the Village athletic programs" and amend throughout the Ordinance, as necessary, to signify this change. Thank you very much for your consideration of the above. I look forward to discussing this further with you at the Village Council meeting on February 27th. Should any of you wish to further discuss these issues prior to that time, the members of the Board are available at your convenience to do so. Finally, please understand that the above does not reflect my personal views, although I agree with all the positions presented, but the collective position of our Board that continues to donate their time 10 Village Green Way' Key Biscayne, FL 33149 Telephone: 305-365-8900' Fax: 305-365-8991 www, Activel s la n der. o rg {00255801.0oc }

VILLAGE OF KEY BISCAYNE YOUTH ATHLETICS ADVISORY BOARD Glen Waldman, Chair Victor Balestra Cesar Elizondo Gonzalo Cortabarria Florencia Manero Kenneth Coto PaulZuccarini and serve at the pleasure of the Council to do our part for our unique and special Village. ldman Enclosures cc: YAAB Board Members Todd Hofferberth 10 Village Green Way' Key Biscayne, FL 33149 Telephone: 305-365-8900' Fax: 305-365-89S1 www.Aclivelslander,org Ve {002s5801.DOC }

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RE DRAFT VILLAGE OF KEY BISCAYNE LETTERHEAD U.S. Army Corps of Engineers iacksonville District Attention: District Project Manager (CESAJ- PPMD) 70L San Marco Blvd. Jacksonville, Florida 32207 Mitigation of Shore Damage Attributable to Federal Navigation Work - Section 1L1 of the 1968 River and Harbor Act - Village of Key Biscayne, Florida Letter of Application Dear Sir/Madame: ln accordance with the provisions of Section 11L of the River and Harbor Act of L968, as amended, which authorizes the Federal government to initiate investigations and studies in the interest of mitigation of shore damage attributable to Federal Navigation work, the Village of Key Biscayne, Florida (Village) hereby makes formal application for a study of beach management along the shoreline of the Village. The shoreline along Key Biscayne has been influenced by the coastal inlet at Government Cut that was constructed by the U.S. Army Corps of Engineers (Corps) in 1904. The inlet acts as a barrier to littoraldrift, thereby impacting downdrift beaches to the south including Fisher lsland, Virginia Key and Key Biscayne. This influence is documented in several studies that have been completed since the l-960's. The following is a list of representative published studies, and selected pages are enclosed with this letter. Attachment A - Beach Erosion Control Report on Cooperative Study of Virginia and Biscayne Keys, Florida (1962). Recommended beach nourishment for Key Biscayne along 1.9 miles of shoreline, and Government Cut is referenced as a barrier to littoral drift. Attachment B - General and Detail Memorandum Virginia Key and Key Biscayne, Florida, Beach Erosion Control (1968). Document provides engineering recommendations for the first beach nourishment constructed by the Corps in 1969. Attachment C -Section 1-03 Detailed Project Report and Environmental lmpact Statement for Key Biscayne, Florida (1984). The document also references Government Cut as a littoral barrier, and the shoreline erosion is documented with substantial recession since 19L9. This document was the basis for the 1987 beach nourishment project constructed by the Corps. Attachment D - Coastal Engineering Report Dade County Regional Sediment Budget (L997). Report summarizes sand losses from Government Cut and presents maintenance dredging records from 1"923-L990. The document includes a graphic with the sediment budget in Miami Dade County from 1980-1996. Attachment E - Long Range Beach Nourishment Plan for Village of Key Biscayne (1997). Report presents basis of design for beach nourishment that was constructed in 2002, along with strategy for ongoing maintenance of the beach over a 50-year period. Attachment F - Florida Department of Environmental Protection (FDEP)Strategic Beach Management Plan for the Southeast Atlantic Coast Region (2015) The inlet channel and jetties act as a barrier to littoral sand transport to the downdrift beaches south of the inlet by trapping sand in the channel or deflecting it ofßhore. Net southerly littoral drift arriving at Government Cut has been estimated to range from 24,000 cy per year to 49,000 cy per year. Place all beach compatible sand on downdrift beaches References 2.5 miles of critically eroded beaches in Key Biscayne 1

Reference strategy to minimíze impacts from improvements to PortMiami Attachment G - Summary of Beach Management Projects for Fisher lsland, Virginia Key, and Key Biscayne (compiled for the Village in 2018). The above-referenced documents will provide background for the requested investigation. The investigation will be conducted in one planning phase; the feasibility phase, which would initially be funded by the Corps of Engineers. However, should the total cost of this planning phase exceed SL00,000, the Village can provide 5O% of the cost above the initial 5100,000. Should the project proceed to construction, the Village can provide the following local cooperation and participation. L. Provide without cost to the United States all lands, easements, rights-of-way, and utility and facility alterations and relocations required for construction of the project. 2. Hold and save the Government free from damages due to the construction, operation, and maintenance of the project, except damages due to the fault or negligence of the Government or its contractors. 3. Operate, maintain and rehabilítate the project upon completion without cost to the Government, in accordance with regulations and directives prescribed by the Secretary of the Army. 4. Contribute a cost for implementing the mitigation measure in the same proportion as the cost for the project causing the shore damage. lf you need additional information, please contact: Colleen/Spencer/Jim Sincerely, John Gilbert Village Manager Enclosures Cc: Mayor Council? Jim Colleen Spencer Tim 2

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ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COTJNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE'), AMEI{DING THE YILLAGE CODE BY AMENDING CHAPTER 23 .RETIREMENT'', SECTION 23-31 ,oDEFrNrrroNS,' SECTION 23-39 "VESTING" AND SECTION 23-47 "COMMENCEMENT OF BENEFITS'' TO PROVIDE FOR IN.SERVICE DISTRIBUTION OF BENEFITS TO MANAGERIAL MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLIC