Charter Review Board

NORTH BAY VILLAGE CHARTER REVIEW BOARD MEETING MINUTES FEBRUARY 15, 2024 | 6:00 PM 1666 Kennedy Causeway #101 North Bay Village, FL 33141 Meeting ID: 833 8735 8336 | Passcode: 056199 1. OPENING ITEMS A. Call to Order The Regular Meeting of the Advisory Charter Review Board was called to order in the Commission Chambers at 6:04 P.M. B. Roll Call Board Members: Sherry Abramson arrived late at 6:18 p.m. Kip Dugal Alisha Graham Paul Jacob Absent Helena Gil Eddie Lim Indira Shakti Board Liaisons Dr. Richard Chervony, Vice Mayor (Commission Liaison) Haydee Sera, Village Attorney Ralph Rosado, Village Manager Alba L. Chang, Village Clerk 2. UNFINISHED BUSINESS 2A Review of Sections 3.02(A-D), Limitations of Powers of the Commission (Acquisition of Real Property; Capital Improvement Projects; Excess of 20% of Current Total Operating Budget; Waiver of Referendum)

Charter Review Board Meeting February 15, 2024 Page 2 Village Attorney Sera addressed the unfinished business from the last Board meeting. Jeff DeCarlo was available to address any questions regarding the commencement of line 265 on the Charter, Section 3.08 a, b, c, regarding the expenditure cap. Ms. Sera asked if the Board intended to establish an expenditure cap. She provided the Code from the Town of Cutler Bay as a reference for how debt caps are calculated. Chair Dugal suggested moving the item to the next board meeting to allow for feedback from other members. Board Member Jacobs inquired about the legal implications of removing lines 265-290 of the Charter. The proposal was to replace this section with language similar to that of Key Biscayne and the Town of Cutler Bay. The Board reached a consensus to defer item 2A to the next Board meeting for further discussion. 2B Review of Section 3.02(E), Limitations of Power of the Commission (Sale and Lease of Real Property) The Village Attorney updated the Board as requested by Board Member Abramson to include a provision regarding the sale and lease of real property. The legal Team conducted research on other cities' Charters concerning this matter. The Town of Cutler Bay and the Village of Pinecrest require a referendum for any lease exceeding 5 years, while South Miami mandates a supermajority vote for certain leases involving real property. Line 291-297 (of the Village Charter) pertains to the sale and lease of property, with Section 298 providing language on exceptions. At the last Board meeting, the Board reference Sections 302-303 recommended extending leases/agreements, but the Board suggested extending beyond concessions agreements and software license agreements, such as agreements with yoga instructors or construction agreements. Board Member Abramson emphasized the need to streamline approval processes, citing concerns over the approval of AFA agreements for 30 years. Village Attorney Sera did not recommend making changes to existing provisions, with Chair Dugal recommending maintaining the language as is. ACTION: Chair Dugal made a motion to maintain the language as is for Section 3.02. Board Member Jacobs seconded the motion, and it passed by a 3-1 poll vote with Board Member Abramson opposed. 2C Review of Section 3.04, Compensation The Village Clerk conducted a survey of the salaries of elected officials in surrounding cities. The Board proposed a percentage increase with a cap on compensation. However, Village Attorney

Charter Review Board Meeting February 15, 2024 Page 3 Sera expressed concern regarding the percentage increase to the adopted budget. At line 384, the current compensation stands at $6,300 for Commissioners and $7,800 for the Mayor. It was recommended to adjust these figures based on the Consumer Price Index (CPI), suggesting an annual cost of living adjustment without an increase in compensation. At this time Village Attorney Sera laid the motion taken at the January 8, 2024, Board Meeting made by Board Member Lim and seconded by Board Member Graham to increase the Village Commission as follows: • $24,000 for Commissioners • $36,000 for Mayor Upon poll vote, the motion failed 3-1 with Board Member Abramson, Board Member Graham, Board Member Jacob voting against, and Chair Dugal voting for. ACTION: Board Member Jacob made a motion to keep the current compensation for elected officials with the following conditions: • Add an annual cost of living adjustment (COLA). • Compensation cannot be decreased. Board Member Abramson seconded the motion, and it passed by unanimous poll vote. 2D Review of Section 6.01, Advisory Boards During the February 5, 2024, meeting, the Board requested a copy of the ordinance concerning Advisory Boards. Board Member Abramson expressed concerns regarding residents and business owners in the Village. Section 32.08 of the Code specifies that the Planning & Zoning Board must consist of one member from each Island and two at-large members, and they must be registered voters of the Village. Village Attorney Sera suggested that an ordinance could establish a limit on the number of business owners. No recommendations for changes were put forward. DISCUSSION ITEMS 3A Discussion and Review of Article X. Charter Amendment and Transition Village Attorney Sera had no recommendation for this section of the Charter. 3B Discussion and Review of Article IX. General Provisions

Charter Review Board Meeting February 15, 2024 Page 4 Board Member proposed adding language to section 9.07 to permit the existing single-family homes in Treasure Island to retain their current zoning regulations. ACTION: Board Member Abramson made a motion to recommend a provision for future zoning relating to single-family homes in Treasure Island to retain their zoning regulations for the RS-2 zoning only. Chair Dugal seconded the motion, and it passed by unanimous poll vote. 4. PUBLIC COMMENTS Pilar Somoza - 7510 West Drive Mr. Mendenhall - 7510 West Drive 5. NEXT BOARD MEETING - March 4, 2024 Vice Mayor Chervony provided clarification on comments made during the previous Board Meeting regarding the Village's expenses for rebranding. It was clarified that the cost incurred for the rebranding amounted to $5,000. This cost was specifically allocated for the creation of the Seal, logo, and stationery as part of the rebranding process. 6. ADJOURNMENT There being no further business to discuss the meeting was adjourned at 7:27 p.m. ________________________ Kip Dugal, Chair Respectfully Submitted, _______________________ Alba L. Chang Village Clerk

NORTH BAY VILLAGE CHARTER REVIEW BOARD PUBLIC MEETING NOTICE Thursday, February 15, 2024 at 6:00 PM 1666 Kennedy Causeway #101 North Bay Village, FL 33141 The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 833 8735 8336 Passcode: 056199 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1

PUBLIC COMMENTS Public comments will be accepted by the following means: IN-PERSON COMMENTS: Members of the public may attend the meeting at the physical meeting location stated above and deliver their public comments in person during the public comment portion of the agenda. VIRTUAL COMMENTS: Public comments will also be accepted during the meeting using the virtual meeting platform. VIA E-MAIL TO: publiccomment@nbvillage.com Interested parties or their authorized representatives may address the Commission and/or Board via written or electronic commentary (“e-comments”) by emailing the Village Clerk at least two (2) hours prior to the commencement of the meeting. E-comments will not be read during the meeting but will be distributed to the Village Commission or Board prior to the commencement of the meeting. You may send your concerns with the subject line “PUBLIC COMMENT” and the following information in the body of the email: your name, address, if you are a hired Consultant or Village Employee, and/or if you are engaged in lobbying activities and/or representing an organization. PUBLIC RECORDS The meeting will be recorded for later viewing and is a public record. Minutes of the meeting will be taken and will be made available. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, 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 SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.northbayvillage-fl.gov. THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 786-224-8070 NO LATER THAN FIVE DAYS PRIOR TO SUCH PROCEEDING. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT 786-224- 8070 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). LOBBYING ACTIVITIES Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38- 17. ""Lobbyist"" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term ""lobbyist"" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicial proceedings where the law prohibits ex -parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non- profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. Have questions or need additional information? E-mail: villageclerk@nbvillage.com Call: 305-756-7171 2

1. OPENING ITEMS A. Call to Order B. Roll Call 2. UNFINISHED BUSINESS 2A. Review of Sections 3.02(A-D), Limitations of Powers of the Commission (Acquisition of Real Property; Capital Improvement Projects; Excess of 20% of Current Total Operating Budget; Waiver of Referendum) Memo - Section 3.02 - Expenditures and Borrowing.PDF 2B. Review of Section 3.02(E), Limitations of Power of the Commission (Sale and North Bay Village OFFICIAL AGENDA CHARTER REVIEW BOARD 1666 Kennedy Causeway #101 North Bay Village, FL 33141 Meeting ID: 833 8735 8336 Passcode: 056199 Thursday, February 15, 2024 6:00 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38-17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi- judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. 3

Lease of Real Property) 2C. Review of Section 3.04, Compensation 2024 Salary Survey of Elected Officials MDC.pdf MDCCEPT Compensation Report 1-18.pdf Salaries of Elected County Constitutional Officers FY 23-24.pdf Research on Compensation of Elected Official Salaries.pdf 2D. Review of Section 6.01, Advisory Boards NBV Code Chapter 32 Advisory Boards Advisory Board Application.pdf 3. DISCUSSION ITEMS 3A. Discussion and Review of Article X. Charter Amendment and Transition 3B. Discussion and Review of Article IX. General Provisions 4. PUBLIC COMMENTS 5. NEXT BOARD MEETING - March 4, 2024 6. ADJOURNMENT THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 305-756-7171 EXT. 45 NO LATER THAN FOUR DAYS PRIOR TO SUCH PROCEEDING. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, 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 SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.nbvillage.com. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT (305) 756-7171 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). 4

NORTH BAY VILLAGE CHARTER REVIEW BOARD PUBLIC MEETING NOTICE Thursday, February 15, 2024 at 6:00 PM 1666 Kennedy Causeway #101 North Bay Village, FL 33141 The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 833 8735 8336 Passcode: 056199 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1

PUBLIC COMMENTS Public comments will be accepted by the following means: IN-PERSON COMMENTS: Members of the public may attend the meeting at the physical meeting location stated above and deliver their public comments in person during the public comment portion of the agenda. VIRTUAL COMMENTS: Public comments will also be accepted during the meeting using the virtual meeting platform. VIA E-MAIL TO: publiccomment@nbvillage.com Interested parties or their authorized representatives may address the Commission and/or Board via written or electronic commentary (“e-comments”) by emailing the Village Clerk at least two (2) hours prior to the commencement of the meeting. E-comments will not be read during the meeting but will be distributed to the Village Commission or Board prior to the commencement of the meeting. You may send your concerns with the subject line “PUBLIC COMMENT” and the following information in the body of the email: your name, address, if you are a hired Consultant or Village Employee, and/or if you are engaged in lobbying activities and/or representing an organization. PUBLIC RECORDS The meeting will be recorded for later viewing and is a public record. Minutes of the meeting will be taken and will be made available. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, 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 SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.northbayvillage-fl.gov. THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 786-224-8070 NO LATER THAN FIVE DAYS PRIOR TO SUCH PROCEEDING. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT 786-224- 8070 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). LOBBYING ACTIVITIES Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38- 17. ""Lobbyist"" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term ""lobbyist"" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicial proceedings where the law prohibits ex -parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non- profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. Have questions or need additional information? E-mail: villageclerk@nbvillage.com Call: 305-756-7171 2

1. OPENING ITEMS A. Call to Order B. Roll Call 2. UNFINISHED BUSINESS 2A. Review of Sections 3.02(A-D), Limitations of Powers of the Commission (Acquisition of Real Property; Capital Improvement Projects; Excess of 20% of Current Total Operating Budget; Waiver of Referendum) Memo - Section 3.02 - Expenditures and Borrowing.PDF 2B. Review of Section 3.02(E), Limitations of Power of the Commission (Sale and North Bay Village OFFICIAL AGENDA CHARTER REVIEW BOARD 1666 Kennedy Causeway #101 North Bay Village, FL 33141 Meeting ID: 833 8735 8336 Passcode: 056199 Thursday, February 15, 2024 6:00 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38-17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi- judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. 3

Lease of Real Property) 2C. Review of Section 3.04, Compensation 2024 Salary Survey of Elected Officials MDC.pdf MDCCEPT Compensation Report 1-18.pdf Salaries of Elected County Constitutional Officers FY 23-24.pdf Research on Compensation of Elected Official Salaries.pdf 2D. Review of Section 6.01, Advisory Boards NBV Code Chapter 32 Advisory Boards Advisory Board Application.pdf 3. DISCUSSION ITEMS 3A. Discussion and Review of Article X. Charter Amendment and Transition 3B. Discussion and Review of Article IX. General Provisions 4. PUBLIC COMMENTS 5. NEXT BOARD MEETING - March 4, 2024 6. ADJOURNMENT THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 305-756-7171 EXT. 45 NO LATER THAN FOUR DAYS PRIOR TO SUCH PROCEEDING. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, 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 SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.nbvillage.com. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT (305) 756-7171 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). 4

DATE: February 15, 2024 TO: Honorable Mayor, Vice Mayor and Members of the Village Commission FROM: Alba L. Chang, Village Clerk SPONSORED BY: SUBJECT: Review of Sections 3.02(A-D), Limitations of Powers of the Commission (Acquisition of Real Property; Capital Improvement Projects; Excess of 20% of Current Total Operating Budget; Waiver of Referendum) North Bay Village Recommendation Memorandum ITEM NO. 2A RECOMMENDATION BACKGROUND AND ANALYSIS At the January 8 and February 5, 2024 meetings, the Board discussed Section 3.02(A-D) of the Charter. At the upcoming February 15 meeting, we recommend that the Board determine what changes, if any, should be made to this section of the Charter. Further, the Board should consider the intent/goal of Section 3.02(A-D). The Board should keep in mind that it may recommend that Sections 3.02(A-D) of the Charter: 1. Remain “as is” (i.e., no changes to be made); 2. Be repealed; 3. Be repealed and replaced with a borrowing provision similar to those provided in the Key Biscayne and Cutler Bay Charters (see attachment for sample language from those Charters); or 4. Be amended in some other fashion. BUDGETARY/FINANCIAL IMPACT (Finance Dept.) None 5

PERSONNEL IMPACT None ATTACHMENTS Memo - Section 3.02 - Expenditures and Borrowing.PDF 6

MEMORANDUM To: North Bay Village Charter Review Board From: Haydee Sera, Village Attorney Date: February 5, 2024 RE: Section 3.02 (A)-(D) At the last Charter Review Board meeting there was discussion on Section 3.02(A-D) of the Village Charter. My partner Jeff DeCarlo, who is the Chair of my Firm’s Municipal Finance and Bonds Practice Group, will be online at this evening’s Board meeting for follow-up discussion on this provision of the Charter. He will also be available at a future Board meeting for additional discussion, if needed. In advance of our next meeting, we are providing you with some information for your consideration. Attached please find excerpts from the Village of Key Biscayne and Town of Cutler Bay’s Charters. These provisions relate to the respective municipality’s borrowing capabilities. The Miami-Dade County Property Appraiser’s 2023 Estimated Taxable Values by Taxing Authority (attached) is pertinent to the Charters for the Town of Cutler Bay and Village of Key Biscayne, which consider this information in setting their borrowing limits. By way of example, North Bay Village’s total assessed value for all real property in 2023, as certified by the Miami-Dade County Property Appraiser was $1,450,000,000. 1% of this value would be $14,500,000. 3% of this value would be $43,500,000. In addition, attached is the text of Section 35.22 of the North Bay Village Code of Ordinances. As you will see, Section 35.22(B) provides that the Village shall maintain within the General Fund of the Village, a reserved fund balance equal to 20% of the current fiscal year general fund. 7

Page 2 of 2 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM Attachments: 1. Section 3.02 of the North Bay Village Charter 2. Section 35.22 of the North Bay Village Code of Ordinances 3. Section 4.10 of the Village of Key Biscayne Charter 4. Section 4.11 of the Town of Cutler Bay Charter 5. Miami-Dade County Property Appraiser’s 2023 Estimated Taxable Values 8

Created: 2023-10-09 11:20:02 [EST] (Supp. No. 16) Page 1 of 2 NORTH BAY VILLAGE CHARTER1 § 3.02 Limitations of powers of the Commission.2 All powers of the Village and the determination of all matters of policy shall be vested in the Commission3 with the following limitations:4 A. Acquisition of real property. The Commission may acquire property within or without the corporate5 limits of the Village for any municipal purpose, in fee simple or any lesser interest or estate, by6 purchase, gift, devise, or lease provided such amount of expenditure for real property shall not exceed7 twenty percent (20%) of the current total operating budget of the Village.8 B. Capital improvement projects. The Commission may, through proper procedure, propose, undertake9 and finance capital improvement projects to fulfill the necessary needs of the Village, provided that the10 amount of total expenditures for all such projects shall not exceed twenty percent (20%) of the current11 total operating budget of the Village in any one fiscal year.12 C. Excess of 20 percent of current total operating budget. In the event that the proposed purchase(s) of13 property and/or total expenditure(s) do exceed twenty percent (20%) of the current total operating14 budget of the Village in any fiscal year, then a referendum will be held of the qualified electors of the15 Village and it shall require a majority of those voting in such election to authorize such projects.16 Any funds specifically designated for the particular project, which are received from the Federal17 Government, State, County or from any source, other than municipal taxation, will not be included in18 calculating the project cost for the purposes of Section 3.02.19 D. Waiver of referendum. This referendum requirement may be waived, however, if the Commission by20 four (4) affirmative votes, finds and declares that an emergency exists, and that there is a threat to the21 health, welfare and safety of the citizens of the Village.22 E. Sale and lease of real property. The Commission shall not undertake to sell, mortgage, assign or23 otherwise dispose of or alienate the title to any real property owned by the Village without first having24 secured the approval of the qualified electors of the Village, through a majority vote of the qualified25 electors participating in a regular or special election for such purpose. Such referendum shall state,26 generally and in substance, the terms and conditions of the proposed sale, mortgage, assignment or27 other disposition or alienation of title.28 Except where referendum is otherwise required by Miami-Dade County law, the Commission may lease29 any real property owned by the Village to any other individual, group, business, corporation or other30 entity for a period not to exceed one (1) year and may renew the lease each year thereafter that it so31 desires. Leases for a period longer than one (1) year require approval in a referendum by the qualified32 electors of the Village. However, nothing contained herein shall preclude the Village, without33 referendum, from leasing Village real property to a governmental agency for governmental use for a34 period not to exceed ten (10) years; and except as prohibited by the Constitution, Miami-Dade County35 Charter or statutes of this state or restricted in this Charter.36 F. Sale of personal property. Personal property of the Village may be sold by auction or by sealed bid after37 it has been properly advertised in a newspaper of general circulation. Such sale must be held no sooner38 than fifteen (15) days after publication of the notice. The notice shall describe the contents of sale and39 the location where the merchandise may be inspected prior to sale.40 G. Appointments or removal of Village personnel prohibited. Neither the Commission nor any of its41 members shall in any manner dictate the appointment, retention, or removal of any Village employee42 (other than the Village Manager, the Village Clerk and the Village Attorney, as provided herein), or any43 9

Created: 2023-10-09 11:20:02 [EST] (Supp. No. 16) Page 2 of 2 person who is duly appointed by the Village Manager, in accordance with Section 4.01(G)(2) of this44 Charter; except that the Village Manager shall submit appointments of all department heads to the45 Commission for approval.46 H. Village Attorney. The Commission shall appoint or remove the Village Attorney by at least three (3)47 affirmative votes. The Village Attorney shall have been licensed to and have been a practicing attorney48 in the State of Florida for not less than five (5) years, with not less than three (3) of those years in the49 practice of law for municipal, county or state governments. The duties and responsibilities of the50 Village Attorney shall be those as provided in this Charter.51 I. Auditor. The Commission shall appoint the outside auditor. The outside auditor shall be a certified52 public accountant practicing in the State of Florida, for a period of not less than five (5) years.53 J. Other Commissioner remunerative position. No Commissioner shall be appointed to any other54 remunerative position with the Village during his term of office and for a term of two (2) years55 thereafter.56 K. Nepotism. No person related up to the second degree of consanguinity or affinity to a Commissioner57 shall be eligible to hold a remunerative position with the Village. Any Commissioner who shall58 knowingly make such an appointment may be deemed guilty of misfeasance or malfeasance in office59 and subject to removal. The person so employed may be subject to dismissal.60 L. Conflict of interest. The Mayor and any Village Commissioner shall comply with applicable conflict of61 interest laws, including Florida Statutes Chapter 112, Part 3, as well as Miami-Dade County Code62 Section 2-11.1.63 M. Reimbursement of Commissioner's legal fees. In the event that a civil action shall be instituted wherein64 it is sought to impose personal liability upon any Commission member of the Village for any act or acts65 of such Commissioner, and if such Commissioner seeks legal defense of such action through the use of66 public funds, it shall first require a majority of all other Commissioners to ascertain that such acts67 complained of by the plaintiff were indeed connected with the Commissioner's proper conduct of the68 affairs or business of the Village. If so established, the other Commissioners shall then determine,69 specify and allocate a reasonable expenditure from Village funds for this legal defense - selection of70 counsel to be approved by the Village Attorney.71 N. Utility franchises. The Commission may grant public utility franchises and regulate the exercise thereof;72 provided, however, that no franchise or extension thereof shall hereafter be granted or extended73 unless such franchise or extension shall be approved after a public hearing thereon. At least fourteen74 (14) days preceding the public hearing at which any franchise or extension thereof is to be adopted,75 notice thereof shall be published in a newspaper of general circulation in the Village. The76 advertisement shall not be placed in that portion of the newspaper where legal notices and classified77 advertisements appear. A copy of such proposed franchise shall be available for inspection by any78 interested person at the office of the Village Clerk at least fourteen (14) days preceding such public79 hearing. The cost of such advertising and of the public hearing shall be borne by the utility involved. For80 renewing franchises, each public utility shall notify the Village of its intent six (6) months before the81 expiration of its franchise. The Commission shall be empowered to grant a temporary extension of an82 existing franchise not to exceed three (3) months without a public hearing.83 ( Res. No. 2018-75 , § 2, 7-30-18, election of 11-6-18)84 (Prior Charter Section 3.02 was titled Qualifications and no history of amendments.)85 10

Created: 2023-10-09 11:20:07 [EST] (Supp. No. 16) Page 1 of 2 NORTH BAY VILLAGE CODE OF ORDINANCES1 § 35.22 Creation of Fund Balance/Retained Earnings Reserves.2 A. Definitions. The following terms used in this section shall be used in conformance with the definitions3 contained in GASB Statement #54:4 1. Nonspendable fund balance;5 2. Restricted fund balance;6 3. Committed fund balance;7 4. Assigned fund balance;8 5. Unassigned fund balance.9 B. General Fund Reserve. The Village shall maintain within the General Fund of the Village, a reserved fund10 balance equal to 20 percent of the current fiscal year general fund. For the purposes of this calculation, the11 current fiscal year budget shall be the budget as originally adopted by September of the applicable fiscal12 year. This reserved fund balance shall be classified as assigned, for the specific purposes as delineated in13 subsection D of § 35.22 of the Code.14 C. Enterprise Funds Reserves. The Village shall maintain within each of the enterprise funds now, or hereafter15 created by the Commission, a restricted net assets equal to 20 percent of the current water, sewer,16 sanitation and storm water fiscal year budget for that fund. For the purposes of this calculation, the fiscal17 year budget shall be the total water, sewer, sanitation and storm water budget for these four utilities or18 segments as originally adopted by September of the current fiscal year. These restricted net assets shall be in19 addition to all other designations including but not limited to amounts reserved in current liabilities. Any20 utilization of the restricted net assets shall be pursuant to subsection D of § 35.22.21 D. Use of fund balance/net assets. The assigned fund balance in the General Fund and the restricted net assets22 in any enterprise fund may be utilized, and therefore the fund balance of 20 percent of the annual budget23 may be decreased, for the following purposes:24 (1) Non-emergency uses limited to unanticipated capital improvements and infrastructure needs and25 unforeseen contingent liabilities.26 (2) Emergency uses including unscheduled natural disasters/emergencies, acts of God or war, and for the27 emergency health, safety and welfare needs of the Village.28 E. Utilization of assigned fund balance and restricted net assets. Funds and assets reserved pursuant to this29 section may be used only in accordance with the following requirements:30 (1) Expenditures for non-emergency uses shall not exceed 50 percent of the balance.31 (2) Any expenditure from the assigned fund balance or restricted net assets shall require approval by the32 Village Commission by a super-majority vote of those present prior to expenditure of the funds.33 F. Replenishment of balances. In any fiscal year when the Village is unable to maintain the 20 percent balances34 required by this section, the