Virtual Regular Council Meeting July 28, 2020

MINUTES VIRTUAL REGULAR COI-INCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, JULY 28,2020 1. CALL TO ORDEWROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Luis Lauredo, Edward London, Allison McCormick, Kathleen Petros, Ignacio Segurola, Vice Mayor Brett G. Moss and Mayor Michael W. Davey. Also present were Village Manager Andrea Agha, Village Clerk Jocelyn B. Koch and Village Attorney Chad Freidman. 2. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance 3. BRIEF COMMENTS BY COUNCIL: Mayor Davey welcomed the new Village Clerk Jocelyn B. Koch; recognized the passing of former Key Biscayne restaurateur, Vito Cardinale, and sent condolences to his family; also addressed the Cares Act dollars and the recent changes of what the municipalities would receive and not receive; and also pointed out a tropical system in the weather forecast for the upcoming weekend and for citizens to be aware. Councilmember McCormick recognized the passing of two local schoolteachers Ms. Scales at the KBK8 Center and Mr. Echeverria at MAST Academy and sent condolences to both families. Councilmembers McCormick and Lauredo welcomed the new Village Clerk as well. Councilmember Lauredo requested that it be reflected on the record that in the end there was unanimous consent by Council of the Clerk hiring and negotiations by Vice Mayor Moss. 4. AGENDA: Mayor Davey requested the addition of a special presentation by Raquel Regalado, a candidate for County Commissioner prior to public comments. Councilmember Segurola requested to hear Item 9,A. before Item 881. Vice Mayor Moss proposed a time limit on the Agenda. Councilmember Petros concurred and the time of 8 p.m. was set. Councilmember London requested the addition of a discussion item as to the status of the Horticulturist/Arborist as Item 10A1. Councilmember Lauredo made a motion to reconsider the resolution regarding the G.O. Bond and asked if any of the 5 Councilmembers who voted in favor would bring it back for reconsideration and none of the 5 Councilmembers wanted to bring it back. Councilmember London requested a discussion item to hear the status of Harbor Park as Item I0A2. Councilmember Lauredo requested a discussion item to request a Special Council Meeting in

July 28, 2020 order to rescind the resolution of the $100,000,000 General Obligation Bond and to receive more public participation at that meeting as Item 1043. The Manager requested the deferral of Item 881 to the August 25th meeting. There was no objection to the agenda changes. At this time, Raquel Regalado, candidate running for County Commissioner District 7 gave a presentation of her platform. 5. PUBLIC COMMENTS: The following residents addressed the Council: Gary Gross, I94Fairway Knoll, Boone, NC and 211 Island Drive; Jan Dillow, 350 West Heather Drive; Tony Winton, 121 Crandon Boulevard and Louisa Conway, 151 Crandon Boulevard. 6. SPECIAL PRESENTATIONS: There were no special presentations Councilmember Lauredo made a motion for a unanimous approval of the Clerk's hiring and for the agreement that was negotiated by Vice Mayor Moss. The motion was seconded by Councilmember London and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. 7. CONSENT AGENDA: There were no Consent Agenda Items. At this time, item 9,{ was heard. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BrscAYNE, FLORTDA, RESCTNDTNG RESOLUTTON NO. 2020-22 ACCEPTTNG A $100,000 GRANT FROM THE FLORTDA DEPARTMENT OF TRANSPORTATTON FOR THE CRANDON BOULEVARD PEDESTRIAN AND BICYCLE SAFETY PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Segurola made a motion to approve the resolution. The motion was seconded by Councilmember London and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Lauredo and Segurola voting Yes. Councilmembers London, McCormick, Petros, Vice Mayor Moss and Mayor Davey voting No. 8. ORDINANCES: The following ordinance on second reading was deferred to the August 25, 2020 Council Meeting. AN ORDINANCE OF THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 5, "PROPERTY MAINTENANCE STANDARDS' OF THE VILLAGE CODE OF ORDINANCES RELATING TO SOLID WASTE, RECYCLING, AND CIVI VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 2 o.f 6

July 28, 2020 CODIFICATION; PROYIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS FOR APPROVAL OR DTSAPPROVAL, rN ACCORDANCE WrTH SECTTON 6.02(AXr) OF THE VILLAGE CHARTERO A PROPOSED AMENDMENT TO SECTION 4'10 OF THE VILLAGE CHARTER, ENTITLED *BORROWING' TO PROVIDE THAT GENERAL OBLIGATION BONDS APPROVED BY THE ELECTORATE BE EXCLT'DED FROM THE VILLAGE CHARTER,S LIMIT ON DEBT; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION OF THE CHARTER AMENDMENT TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER AMENDMENT TO BE HELD ON TUESDAY, 3RD DAY OF NOVEMBER, 2020, IN CONJTJNCTION WITH THE GENERAL ELECTION BEING HELD ON SAID DATE; PROVIDING FOR VOTING AT THE POLLS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR INCLUSION IN THE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the ordinance on second reading. The motion was seconded by Councilmember London. The Mayor opened the public hearing. There were no callers present. The Mayor closed the public hearing. Councilmember Petros requested clarification from the Manager in regard to this ordinance and the General Obligation Bond referendum and the $18,000,000 Storm Water Bond status. The Manager addressed the Council regarding the status of the Storm Water Bond project and also spoke to this ordinance and the General Obligation Bond referendum. At this time, Attorney Jeff DeCarlo addressed the Council and gave clarification of the Storm Water Bond and the Village's debt cap in the Charter. There was extensive discussion by Council regarding the Village's debt cap as it relates to this ordinance, the General Obligation Bond and the Storm Water Bond, also sea level rise, declining property values and the Village's financial future. The ordinance failed on second reading by a 3-4 roll call vote. The vote was as follows: Councilmembers London, McCormick and Mayor Davey voting Yes. Councilmembers Lauredo, Petros, Segurola and Vice Mayor Moss voting No. 3of6

9 July 28, 2020 RESOLUTIONS: This item was heard immediately after the Consent Agenda. REPORTS AND RECOMMENDATIONS: The following items were discussed:10. Malior and Councilmembers. Councilmember London requested the status of the hiring of the Horticulturist/Arborist. It was the consensus of Council to direct the Manager to go forward with the process of hiring a Horticulturist/Arborist. Councilmember London also requested the status of Harbor Park. The Manager discussed the status of Harbor Park and reported that the residents will be able to use the park while addressing a resiliency plan and a possible ribbon cutting in September of 2020. There was discussion by Council regarding the Harbor Park status. Councilmember Lauredo addressed the Council regarding the $100,000,000 Debt Obligation Bond. Attorney DeCarlo spoke regarding the process of issuing the bonds. Councilmember Lauredo made a motion to have a Special Council Meeting for the purpose to have a motion to rescind the resolution of the $100,000,000 Debt Obligation Bond and to receive more public participation at the meeting on Thursday, July 30,2020 and that this resolution will be the only item on the Agenda. The motion was seconded by Councilmember London. There was extensive discussion by Council regarding this motion. The motion was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Lauredo, London, Segurola and Mayor Davey voting Yes. Councilmembers McCormick, Petros and Vice Mayor Moss voting No. Village Attornelz. The Attorney did not submit a report Village Clerk. The Clerk did not submit a report. Village Manager. The Manager did not submit a report. 11. OTHER BUSINESS/GENERAL DISCUSSION: At this time the Council heard the Continuation of the Second Virtual Budget Workshop. The Manager reported that the proposed budget has a Millage Rate of 3.2781 and the Rolled Back Rate is 3.2189. Chief Press addressed the Council regarding the Police Department Budget. 4of6

July 28, 2020 Chief Lang addressed the Council regarding the Fire Rescue Department Budget. Mayor Davey made a motion to extend the meeting to 11:20 p.m. The motion was seconded by Vice Mayor Moss and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. There was extensive discussion by Council regarding the budgets and setting the trim notice. The Manager recommended a 3.2781 Millage Rate and confirmed that the Rolled Back Rate is 3.2187. Mayor Davey made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Segurola and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. Councilmember London made a motion to set the Millage rate at 3.0. The motion was seconded by Councilmember Lauredo and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Lauredo and London voting Yes. Councilmembers McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting No. Councilmember Segurola made a motion to set the Millage rate at the Rolled Back Rate of 3.2187. The motion was seconded by Councilmember McCormick and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Lauredo, McCormick, Petros, Segurola and Vice Mayor Moss voting Yes. Councilmember London and Mayor Davey voting No. 12. SCHEDULE OF FUT{JRE MEETINGS/EVENTS: A schedule of tuture meetings and events was presented to the Council. 13. ADJOURNMENT: The meeting was II:24 p.m Re sp e ctfully s a b mitt e d : B. Village Clerk Approved this 25th day of AUpg!2020: Michael W. Davey Mayor r 5 of 6

July 28, 2020 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 PARPOSE, MAY NEED TO ENSARE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLADES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6

VILLAGE OF KEY BISCAYNE Village Council Michael\( Davey,Malor Brett Moss, Wce MEor Luis Lauredo Edward London Allison McCormick Katie Petros IgnacioJ. Segurola 6:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS PLEDGE OF ALLEGIANCE BRIEF COMMENTS BY COUNCIL AGENDA: APPROVAL/DEFERRAL S/ADDITIONS/DELETIONS SUB S TITUTIONS/WITHDRAWAL PUBLIC COMMENTS: There is a (3) minute time limit for each speaker during public comment. Your cooperation is appreciated in observing the (3) minute rule. If you have a matter you would like to discuss during public comments, a request form is available at the entrance of the Council Chambers, please fill-it in and return it to the Vitlage Clerk prior to the start of the meeting. Ihhen your name is called, please come forward to the POdium, STATE YOUR NAME, ADDRESS, IF YOU ARE A HIRED CONSULTANT OR VILLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIVITIES AND/OR REPRESENTING AN ORGANIZATION FOR THE RECORD. SPECIAL PRESENTATIONS: A. NONE CONSENT AGENDAI (Consent agenda items are those which are routine, do not require discussion or explanation prior to Village Council action, or have already been discussed and/or explained and do not require further discussion or explanation. Items can be removedfrom the consent agenda by the request on an individual Council member for independent consideration provided such request ls made during the approval/deferrals/additions/deletions substitutions/withdrawals segment of the meeting, prior to the vote on the consent agenda.) A. NONE 88W.est Mclntyre Street . Suite 2OO . Key Biscayne, Florida 33149 . (305) 365-5506. Fax (3O5) 365-8914 MISSION STATEMENT:"TO PROVIDEA SAFE, QUALITY COMMUNITY ENVIRONMENT FORALL ISLANDERSTHROUGH RESPONSIBLE GOVERNMENT.' www.keybiscayne. fl . gov VIRTUAL REGULAR COI.INCIL MEETING TUESDAY, JULY, 28 2O2O 2. J. 4. 5 6 7

July 28,2020 VILLAGE OF KEY BISCAYNE ORDINANCES: (NO LATER THAN 7:30 P.M.) A. FIRST READING: 1.) NONE B. SECOND READING: l.) AN ORDINANCE OF THE VILLAGE COUNCIL TAB 1 OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 5, "PROPERTY MAINTENANCE STANDARDSOO OF THE VILLAGE CODE oF ORDINANCES RELATING TO SOLID WASTE, RECYCLTNG, AND CIVIL VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) 2.) AN ORDINANCE OF THE VILLAGE COI-]NCIL TAB2 OF KEY BISCAYNE, FLORIDA, PROVIDING F'OR THE SUBMISSION TO THE VILLAGE ELECTORS F'OR APPROVAL oR DISAPPROVAL, IN ACCORDANCE WITH SECTION 6.02(AXI) OF' THE VILLAGE CHARTERO A PROPOSED AMENDMENT TO SECTION 4.10 OF THE VTLLAGE CHARTER, ENTITLED "BORROWING" TO PROVIDE THAT GENERAL OBLIGATION BONDS APPROVED BY THE ELECTORATE BE EXCLUDED FROM THE VILLAGE CHARTER'S LIMIT ON DEBT; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION OF' THE CHARTER AMENDMENT TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER AMENDMENT TO BE HELD ON TUESDAYO 3RD DAY OF NOVEMBER, 2020, rN CONJUNCTTON WrTH THE GENERAL ELECTION BEING HELD ON SAID DATE; PROVIDING FOR VOTING AT THE POLLS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR INCLUSION IN THE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE. (VTLLAGE COLINCTL) 9. RESOLUTIONS: A. A RESOLUTION OF THE VILLAGE COLTNCIL TAB 3 OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RESCINDING RESOLUTION NO. 2020-22 ACCEPTING A $100,000 GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CRANDON BOULEVARD PEDESTRIAN AND BICYCLE SAFETY PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) 8 MtssIoN 'TATEMENT 'To pRovIDE A sArE, euAlrry coM"^rt" ,fu#TMENT FoR ALL rsr-ANDERs rHRoucH REspoNsrBLE G.'ERNMENT."

July 28,2020 VILLAGE OF KEY BISCAYNE IO. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COLINCILMEMBERS l.) NONE B. VILLAGE ATTORNEY 1.) NONE VILLAGE CLERK 1.) NONE D. VILLAGE MANAGER G\fO LATER THAN 8:00 P.M.) 1.) NONE I 1. OTHER BUSINESS/GENERAL DISCUSSION A. CONTINUATION OF SECOND VIRTUAL BUDGET WORKSHOP (MOTTONS MAY BE MADE ON THrS rTEM.) 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A. OUALIFYING PERIOD FOR COUNCIL 12:00 NOON, MONDAY, AUGUST 10,2020TO 12:00 NOON, THURSDAY, AUGUST 20,2020 VILLAGE CLERK'S OFFICE REGULAR COUNCIL MEETING TUESDAY, AUGUST 25,2020,6:00 P.M FIRST BUDGET HEARING TUESDAY, SEPTEMBER 8, 2020,6:00 P.M. SECOND BUDGET HEARING TUESDAY, SEPTEMBER 22, 2020, 6 : 00 P.M. REGULAR COUNCIL MEETING TUESDAY, OCTOBER 13, 2020,6:00 P.M. l3 L ANY PERSON WISHING TO ADDRESS THE WLLAGE COANCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE WLLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME, ADDRESS, IF YOA ARE A HIRED CONSALTANT OR WLLAGE MIssIoN STATEMENT "To pRovrDE A SAFE, euAlrry coMno^,t, ,$u?dor'*MENT FoR ALL TSLANDER' rHRoucH REspoNsrBLE G.VERNMENT.' C B. C. D. E. ADJOURNMENT

July 28,2020 VILLAGE OF KEY BISCAYNE EMPLOYEE/FORMER WLLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIWTIES AND/OR REPRESENTING AN ORGANIZATION FOR THE RECORD. II. IN ACCORDANCE IYITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS I|/HO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAASE OF THAT DISABILITY SHOALD CONTACT THE OFFICE OF THE WLL,AGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NaMBER (305) 365-5506, NOT LATER THAN TYI/O BASINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE WLL.AGE COANCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, TIIAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSARE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EWDENCE UPON WHrCH THE AppEAL rS TO BE BASED (F.5.286.0105). IV IN ACCORDANCE WITH WLL,AGE CODE SECTION 2-161, ADOPTING SECTION 2-11.1(s) OF THE MIAMI-DADE COaNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIWTIES, AS DEFINED THEREIN, MAST REGISTER AT THE WLL/IGE CLERK,S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIWTIES. MISSTON STAIEMENT 'TO PROVTDEA SAFE, QUALITY COMMTjNITY 4 of4 EI.IVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT,"

VILLAGE OF KEY BISCAYNE 1.) laa+W4*;m 2.) run*a#y11.402e 3.) Marehl€r2029 4.) MW s.) l,sFjJ-2f.-,1H#_ 6.) l@020 7.) +une-*+040 8.) llane-+q;M 11.) l++yX;m @ins Village of Key Biscayne 2020 Village Council Meeting Schedule 6:00 P.M. e.) *sBr*dget{Ifu+kshep @iens nne43;m 2dBufu*-I#er{<shep +une+g;:geg 12.) August 25,2020 13.) September 8,2020* 1st Budget Hearing 14.) September22,2020x 2nd Budget Hearing 15.) October 13,2020 16.) October 27,2020 17.) November 17,2020 18.) December 8,2020 10.) Note: *September Budget Hearings are subject to change due to Miami-Dade County School Board and Miami-Dade County Commissioners Meeting Schedule. THE COANCIL MEETINGS ARE HELD IN THE WLL,AGE COUNCIL CHAMBER LOCATED AT 560 CRANDON BOULEVARD AND ARE SABJECT TO CIIANGE. WSIT W'W.KEYBISCAYNE.FL.GOV TO WEW THE CONFIRMED MEETING SCHEDALE DATES/TIMES AND/OR SABSCRIBE TO OUR MAILING LIST AND RECEIVE MEETING AGENDAS/I]PDATES BY EMAIL. IF YOA IIAVE ANY QUESTIONS REGARDING THE WLLAGE COUNCIL MEETING SCHEDULE PLEASE CONTACT THE WLI.,AGE CLERK'S OFFICE AT 305-365-5506. MISSION STATEMENT 'TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT."

TAB 1

ORDINANCE NO. 2020. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 5, "PROPERTY MAINTENANCE STANDARDS'' OF THE VILLAGE CODE OF ORDINANCES RELATING TO SOLID WASTE, RECYCLING, AND CIVIL VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 14, 2013, the Village of Key Biscayne (the "Village") Council adopted Ordinance No. 2013-3, creating Chapter 5, o'Property Maintenance Standards" of the Code of Ordinances (the "Code") in order to protect the Village's public health, safety, and welfare, as well as the Village's aesthetics; and WHEREAS, Section 5-3 of the Code regulates, among other things, the maintenance and appearance of solid waste and recycling containers; and WHEREAS, the Village Council desires to amend Chapter 5 of the Village Code to provide additional standards for placement of bulky waste, solid waste, and recycling in the public-right-of-way and storage of solid waste and recycling containers before and after collection in order to create a more consistent aesthetic throughout the Village; and WHEREAS, the Village Council finds that adoption of this Ordinance is in the best interest of the Village's residents and will promote the public health, safety, and welfare of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF'THE VILLAGE OF KEY BISCAY|IE, FLORIDA, AS FOLLOWS: I Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amendine Chapter 5 of the Villaee Code. That Chapter 5, "Property Maintenance Standards," of the Code of Key Biscayne, Florida is hereby amended to read as follows: Chapter 5 - PROPERTY MAINTENANCE STANDARDS Sec. 5-1. - Applicability. The provisions of this Chapter shall apply to all private properties located within the Village. Sec. 5-2. - Definitions. I Coding: S+ritce+nreugh.t#ords are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted #k+*fl@h and doubleundcrlinc,

In construing the provisions of this Chapter, where the context will permit and no definition is provided herein, words and phrases used in this Chapter that are defined in other parts of the Code, including but not limited to the Florida Building Code, but are not defined in this Chapter, shall have those meanings when used in this Chapter. The following words and phrases when used in this Chapter shall have the following meanings: Br.r/h Zasre shall mean less than one (1) cubic yard of construction and demolition debris. large discarded items or large accumulations of trash. Bulky Waste shall include. without limitation. appliances, furniture, yard trash. crates. corrusated cardboard" and other similar ifems Rrrlkw 'Wasfe qhall nnf inclrrde cnnsfrrrcfinn maferialq cnncrete rnclrs qnil nninf hazardous materials, or other Solid Waste requiring special handline Excessive Growth shall mean: (1) The growth of vegetation, including, but not limited to, grass, weeds, bushes, hedges, undergrowth, trees, or roots, that is detrimental to the public health, safety, and welfare by creating a public nuisance, obstacle or dangerous condition in the public way; (2) The growth of vegetation that generally detracts from the appearance of the neighborhood for lack of landscape maintenance; or (3) The growth of grass, weeds, or undergrowth that exceeds the height of 6 inches from the ground. Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food, including, but not limited to packaging materials. Infestation shall mean the presence of any insects, rodents, vermin, or other pests. Maintenance or eQoruective aAction shall mean the action required to comply with the provisions of this Article including, but not limited to maintaining, cleaning, clearing, mowing, cutting, trimming, watering, irrigating, painting, or repairing, alot or structure, as applicable, and removing and legally disposing of all associated solid waste. ial shall mean material which is "recvclable materia.l " shall include qreen g brown slass and clear slass: aluminum and steel cans and scrap metal: plastic containers. mixed paper. newspaper. corruqated cardboard" books. e Material considered to be Solid Waste. Recvclins Container shall mean a receptacle used for Recyclable Material. Responsible Party means the current owner of the property in addition to any other party who has possession of the property, or any utility company having possession of the property or portion thereof, or any contractor working for the owner or person in possession of the property or any successor owners, agents, or parties in possession of the property. Solid w[aste shall mean Garbage, litter, junk, rubbish, trash, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including material or containers from domestic, commercial or agricultural operations. The term shall include all combustible and noncombustible waste materials The term shall include residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, Page2 of 4

excelsior, rubber, leather, tree branches, yard trimmings or other botanical waste, tin cans, metal, mineral matter, glass and crockery. The term shall also include inoperable or discarded personal property, including, but not limited to, furniture, clothing, large and small appliances, printed material, vehicles, vessels, or any other items that give the appearance that the property is abandoned or is not being maintained. Yard Trash/Waste shall mean vegetative matter rcsulting from yard and landscaping maintenance, including materials such as tree and shrub trimmings, grass clippings, palm fronds. and small tree branches not exceeding four feet in length and four inches in diameter. Yard waste does not include matter resulting from land clearing operations. Sec. 5-3. - Standards for maintenance and appearance of property generally J&g (d) Unless otherwise provided in this Code, the Responsible Party shall legally dispose of all Solid Waste and Recyclable Material in a container and shall not deposit, store, maintain or relocate such s$olid wWaste or Recyclable Material to the public right-of-way eth*{,&a+24 an authorized scheduled @collection . and in the case of Bulky Waste no earlier than #12 hours before an authorized scheduled collection. Sona Waste Contain on the public right-ofl adiacent to the Responsible Partv's orope collection. Solid Waste and Recycling Containers shall be removed from the public rieht-of- way on the dav of collection and stored on private property. Where the Responsible Party chooses sideyard or backyard pickup by the Village's contractor, the Solid Waste and Recvcling Containers shall be stored together in a location that is readily accessible to the Village's contractor. Solid Waste shall not be relocated to any lot other than a legal disposal site. All Solid Waste and Recycling eQontainers, including, but not limited to Garbage cans and dumpsters, shall have a neat and orderly appearance. Solid Waste and Recycling Containers shall be screened from view from the public right-of-wa)' b)' walls. fences. or landscaping. Solid Waste and Recvc vicw if olaced behin natively. Solid Waste and Recycling Containers may be stored in a location that is not visible from the public right-of-wa)'" including. but not limited to- the rear of a camort or an sarase. The provisions of this subsection shall not apply in commercial and multi-unit residential areas where the Village's Solid Waste contractor has assisned a location for Solid Waste and Recycling containers. ,r :t ?k Sec. 5-5. - Failure to com Penalties a) In addition to any other remedies available by law, the Village may issue a civil violation notice punishable by civil penalty pursuant to Article III of Chapter 2 of this Code;r*Aieh ien er te appeal, Te the extent the Maintenanee or eerreetive z\etien eannet reasenably be . Page 3 of4

b) Notwithstanding the provisions of subsection a) or other provisions of this Code. the Villase mav orovide a courtesv warnins to the Resnonsible Partv for a violation of the provisions of this Chapter. :k*t( Section 3. Severabilitv. That the provisions of this Ordinance are declared to be severable and ifany section, sentence, clause or phrase ofthis Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the 30th day of June, 2020. PASSED AND ADOPTED on second reading on the day of 2020 MICHAEL W. DAVEY MAYOR ATTEST: PETER J. KULPA INTEzuM VILLAGE CLERK APPROVED AS TO FORM AND LEGALITY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 4 of 4

TAB 2

ORDINANCE NO. 2020. AN ORDINANCE OF' THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, PROVIDING F'OR THE SUBMISSION TO THE VILLAGE ELECTORS FOR APPROVAL OR DISAPPROVAL,IN ACCORDANCE WITH SECTTON 6.02(A)(r) OF THE VILLAGE CHARTER, A PROPOSED AMENDMENT TO SECTION 4.10 OF THE VTLLAGE CHARTER, ENTITLED 66BORROWING' TO PROVIDE THAT GENERAL OBLIGATION BONDS APPROVED BY THE ELECTORATE BE EXCLUDED FROM THE VILLAGE CHARTER'S LIMIT ON DEBT; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION OF THE CHARTER AMENDMENT TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER AMENDMENT TO BE HELD oN TUESDAY, 3RD DAY OF NOVEMBER, 2020, IN CONJUNCTION WITH THE GENERAL ELECTION BEING HELD ON SAID DATE; PROVIDING FOR VOTING AT THE POLLS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING F.OR INCLUSION IN THE CHARTER; AND PROVIDING FOR AN EF.F.ECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") Council desires to ask the electorate if the Village should issue general obligation bonds for various capital improvements within the Village; and WHEREAS, Section 4.10 of the Village Charter currently provides for a limit on debt, including general obligation bonds approved by the electorate; and WHEREAS, it is proposed that the Village Charter be amended to provide that general obligation bonds approved by the electorate be excluded from the Village Charter's limit on debt; and WHEREAS, the Village Council finds that an amendment to Section 4.10 of the Village Charter is in the best interest and health, safety and welfare of the residents of the Village. t

NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: I Section 1. Recitals. That the above recitals are true and correct and incorporated herein by this reference. Section 2. Village Charter Amended. That, subject to the requirements of Section 8 of this Ordinance, Section 4.10 of the Village Charter is hereby amended to read as follows: "Section 4.10. - Borrowing. (a) Debt Approval. The Village shall incur no Debt unless the incurrence of such Debt is approved by at least five (5) Council Members. (b) Limits. The total Debt of the Village, including amounts authorized but still not drawn down under existing loan agreements and other contractual arrangements with banks and other financial institutions, undenvriters, brokers and/or intermediaries, shall not exceed the greater of: i. one percent (1%) of the total assessed value of all property within the Village, as certified by the Miami-Dade County Property Appraiser for the current fiscal year; or ii. that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year. (c) Definitions. As used in this Section 4.10 the following terms shall have the meanings ascribed to them in this subsection. i. "Debt" means any obligation of the Village to repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was originally contracted or subsequently converted through refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligation for operations which are financed and operated in an independent, self-liquidating manner and recovered entirely through currently collected user fees and charges. General obligation bonds approved by the electorate voting in a referendum in accordance with the provisions of the Florida Constitution and Florida Statutes shall not be considered Debt for purposes of this section. ii. "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of principal and all financial fees arising from Debt or from the underlying contractual obligations, whether as originally incurred or subsequently deferred or otherwise renegotiated. t Coding: underlined words are additions to existing text, struek{h*eugh words are deletions from existing text. Changes between first and second reading are indicated with highlight. 2

iii. "General Fund" shall mean any and all revenues of the Village, from whatever source derived, except those revenues derived from special assessments, user fees and charges and designated as a separate fund to finance goods and services to the public." Section 3. Election Called. That a special election is hereby called, to be held on Tuesday, the 3rd day of November, 2020, in conjunction with the general election being held on the same date, to present to the qualified electors of the Village of Key Biscayne, the ballot question provided in Section 4 of this Ordinance. Section 4. Form of Ballot. That the form of ballot for the Charter Amendment provided for in Section 2 of this Ordinance shall be substantially as follows: '61. Voter Approved Debt Exception From the Village Charter's Limit On Debt. The Village Charter currently provides for a limit on debt, including general obligation bonds approved by the electorate. It is proposed that the Charter be amended to provide that general obligation bonds approved by the electorate be excluded from the Village Charter's limit on debt. Shall the above-described Charter amendment be adopted? tl Yes tI No" Section 5. Ballotine. That balloting shall be conducted between the hours of 7:00 a.m. until 7:00 p.m. on election day at the regular polling places for Village elections. Vote-by- mail ballots and early voting shall be provided as authofized by law. All qualified Village electors who are timely registered in accordance with law shall be entitled to vote. The Village Clerk is authorized to obtain any necessary election administration services from the Miami- Dade County Supervisor of Elections. 3

Section 6. Notice of Election. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least thirty (30) days prior to said election, the first publication to be in the fifth week prior to the election (to-wit: during the week commencing Sunday, September 27,2020), and the second publication to be in the third week prior to the election (to-wit: during the week commencing Sunday, October 11,2020), and shall be in substantially the following form: .NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GTVEN THAT PURSUANT TO ORDINANCE NO 2O2O- /.POPTED BY TFIE VILLAGE COUNCIL OF TFIE VILLAGE OF KEY BISCAYNE, FLORIDA (tI# "VILIAGE') A SPECIAL ELECTION HAS BEEN CALLED AND ORDERED TO BE T{ELD WIEIIN TFIE VILLAGE, IN CONJUNCTION WITH TFIE GENERAL ELECTIO