Charter Revision Commission Meeting January 25, 2022

MINUTES CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 25, 2022 COUNCIL CHAMBER 560 CRANDON BOULEY ARD The meeting was called to order by the Chairman at 9:04 a.m. Present were Commission Members Jennifer Buttrick, Marco Gomez, Joe Rasco, Vice Chairman Jud Kurlancheek and Chairman Allison McCormick. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch and Village Attorneys Chad Friedman and Roger Pou. Chairman McCormick led the Pledge of Allegiance. Chairman McCormick opened for public comments. There were no speakers present. Chairman McCormick closed public comments. Chairman McCormick requested for today's meeting agenda to review Articles L'Il and III only. Vice Chairman Kurlancheek requested to amend the minutes of the January 11, 2022 Meeting to include the abstention voter's name. There was no objection to this request. Vice Chairman Kurlancheek made a motion to approve the minutes of the January 11, 2022 Meeting, as amended. The motion was seconded by Member Rasco and approved by a 5-0 voice vote. The vote was as follows: Commissioner Members Buttrick, Gomez, Rasco, Vice Chairman Kurlancheek and Chairman McCormick voting Yes. There was discussion from the Commission and Attorney Friedman regarding the process for reviewing the Charter.

January 25, 2022 It was the consensus of the Commission to go through the entire Charter, to give as much input as possible on articles discussed and at the final meeting to decide the exact language for any proposed amendments to the Charter. Attorney Pou addressed the Commission stating that there is a Commission Meeting scheduled for March 10, 2022 dedicated to reviewing all proposed amendments to the Charter, if any, and that there is an optional Commission Meeting scheduled for March 28, 2022 for reviewing, if needed. Article 1 Section 1.01 Corporate Existence- no discussion Section 1.02 Form of Government - no discussion Section 1.03 Corporate Boundary/MAP- no discussion Section 1.04 Powers- no discussion Section 1.05 Construction- no discussion Section 1.06 Capitalization- no discussion Article II Section 2.01 Village Council- no discussion Section 2.02 Mayor and Vice Mayor-no discussion Section 2.03 Election and term of office- Member Gomez addressed the Commission regarding the qualifying fee and the process of becoming a candidate and requested if anything can be done to help facilitate and streamline this process. Attorney Friedman addressed the Commission stating that the candidate process is driven by Florida State election laws and Miami-Dade County election laws. The Attorney stated that this is a common issue regarding qualifying and will report back to the Commission at the next scheduled meeting. Member Buttrick addressed the Commission suggesting creating running for seats and that the candidates would need to receive 50% of the vote in order to win and if not, the election would go to a runoff. There was extensive discussion from the Commission regarding Councilmembers becoming Councilmembers with only 13% of the vote, incumbency and reaching out to other municipalities for feedback on their elections and running for seats. It was the consensus of the Commission to place Section 2.03 for further discussion at the end of the agenda for the February 10, 2022 Commission Meeting. Section 2.04 Qualifications - Vice Chairman Kurlancheek addressed the Commission regarding extending the residency requirement from one year to three years. 2of6

January 25, 2022 There was discussion from the Commission regarding the above item. Attorneys Friedman and Pou addressed the Commission stating that additional research would need to be done regarding the above item and that they will report back to the Commission at the March 10, 2022 Commission Meeting. Vice Chairman Kurlancheek addressed the Commission regarding extending the time period before a former Councilmember can run again for office. There was discussion from the Commission regarding the above item. Vice Chairman Kurlancheek withdrew the discussion item. Vice Chairman Kurlancheek addressed the Commission regarding reducing the number of Councilmembers from seven to five and concerns of accessibility for civic engagement. There was discussion from the Commission regarding the above item. Vice Chairman Kurlancheek withdrew the discussion item. It was the consensus of the Commission to place Section 2.04 for review for the March 10, 2022 Meeting agenda. The Attorney will report back to the Commission regarding Section 2.04 after further research. Section 2.05 Vacancies; forfeiture of office; filling of vacancies Member Rasco addressed the Commission regarding virtual participation by a Councilmember counting towards the attendance requirement in the Charter. Attorneys Friedman and Pou addressed the Commission stating that the Council passed a motion stating that Councilmembers can participate virtually during the current State of Emergency and that virtual attendance counts towards the attendance requirement in the Charter. A quorum of at least four Councilmembers needs to be in the Council Chamber in person, in order to establish a quorum. There was discussion from the Commission regarding the above items, access to local government and concerns for future virtual attendances by Councilmembers. It was the consensus of the Commission that the attendance requirement is not a concern at this time. Member Rasco addressed the Commission regarding newspaper advertisements and requested adding the electronic posting of newspaper advertisements. Member Rasco's request is in reference to this section in the Charter and throughout the Charter where applicable. Member Rasco also discussed that the newspaper advertisement also include language saying that the advertisement is being posted electronically as well. There was discussion from the Commission regarding the above items and having the same number of days required for electronic posting of advertisements as there are for newspaper advertisements. 3 of6

January 25, 2022 There was discussion from the Commission regarding Committee, Council Workshops and Zoning Meetings being available virtually for resident accessibility and participation. The Attorney addressed the Commission regarding the above items. It was the consensus of the Commission to update the Charter throughout where it calls for a newspaper advertising requirement and that the Charter also include an electronic posting. Attorney Friedman addressed the Commission requesting clarification that the electronic posting of the advertisements would be on the Village's website. It was the consensus of Council that the Village's website qualifies for the electronic posting of newspaper advertising requirements. Vice Chairman Kurlancheek addressed the Commission requesting a two-week advance notice of electronic postings of all Zoning Hearings. There was discussion from the Commission and the Attorney regarding the above item. It was the consensus of the Commission to ask that the Manager consider posting future Zoning Hearings in advance electronically. Member Rasco addressed the Commission regarding filling of vacancies and amending the language to say if there is less than 12 months remaining in the unexpired term rather than 6 months. The Attorney addressed the Commission regarding a prior filling Council vacancies amendment which had failed to pass the electorate. Member Rasco addressed the Commission regarding adding more flexibility in the Charter for subsection (ii) regarding holding a special election. There was discussion from the Commission and the Attorney regarding the above item, minimizing costs due to special elections and that the Miami-Dade County Elections Department supersedes the Village's Charter regarding when elections can occur in the Village. It was the consensus of the Commission to do more research and discuss this item at a future Commission meeting and to have the Clerk circulate the amendment that failed regarding the filling of vacancies which was initiated by the Village Council. Attorney Friedman addressed the Commission regarding conferring with the Miami-Dade County Elections Department and will report back with some specific points regarding the above items. Member Rasco addressed the Commission regarding subsection (vi) and the Florida Governor's appointment powers. 4 o/6

January 25, 2022 Attorney Pou addressed the Commission regarding the above item and the governor having special appointment powers under Florida State law. Section 2.06 Recall - Vice Chairman Kurlancheek addressed the Commission regarding recall of an elected official under the Charter. There was discussion from the Commission and Attorney Friedman regarding the recall process and the process following Florida State statutes. Vice Chairman Kurlancheek addressed the Village administration regarding posting Advisory Board Meeting notices electronically. There was discussion from the Commission and the Clerk regarding the above item. The Manager addressed the Commission regarding improving the posting of these meetings electronically on the website. Section 2.07 No compensation; reimbursement for expenses- Member Rasco addressed the Commission regarding compensation and reimbursement for expenses. There was extensive discussion from the Commission regarding the above items, possible additional benefits, expanding the costs for expenses, dollar limits for expenses, volunteerism and transparency. Member Buttrick will discuss with Attorney Friedman and report back to the Commission regarding reimbursement of expenses. Article III Section 3.01 Village Manager- Vice Chairman Kurlancheek addressed the Commission suggesting the Village Manager should reside in the Village or own property in the Village but to exempt the current Village Manager from this requirement. There was extensive discussion from the Commission regarding the above suggestion, possibly limiting the pool of Village Manager candidates by being too constrictive and that the Council can consider this during the hiring process, Village Manager community involvement and not needing this language in the Charter. Vice Chairman Kurlancheek withdrew the suggestion. At this time Vice Chairman Kurlancheek addressed the Commission regarding the Advisory Board nominating procedure and that the Manager assigns the staff liaisons. Attorneys Friedman and Pou addressed the Commission regarding the above item and that this is covered under the current Advisory Board Ordinance and under Section 3.03.(2). 5 of6

January 25, 2022 Section 3.02 Appointment; removal; compensation- no discussion Section 3.03 Powers and duties of the Village Manager- no discussion Section 3.04 Village Clerk- no discussion Section 3.05 Village Attorney- no discussion Section 3.06 Village Code of administrative regulations- no discussion Section 3.07 Expenditure of Village funds- no discussion Section 3.08 Competitive bid requirement- no discussion Section 3.09 Removal of Council Appointees- no discussion There was discussion from the Commission and the Attorney regarding all of the sections of Articles I, II and III of the Village Charter that were discussed this morning. At this time Attorney Friedman addressed the Commission reporting that Florida case law has determined that a more than one year residency requirement would be in violation of the Equal Protection Clause and recommended keeping the residency requirement to one year.. The meeting was adjourned at 10:25 a.m. Respectfully submitted: 80~:BlacbJoceln B.Ko Village Clerk Approved by the Commission this · 101" day of February 2022: AlllcCormick Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING, 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. 6of6

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov Village Council Michael W. Davey, Mayor Brett Moss, Vice Mayor Edward London, Councilmember Luis Lauredo, Councilmember Allison McCormick, Councilmember Franklin H Caplan, Councilmember Ignacio J. Segurola, Councilmember COMMISSION MEMBERS: The Honorable Allison McCormick, Commission Chair Mr. Joe Rasco, Member Mr. Jud Kurlancheek, Member Mr. Marco Gomez, Member Ms. Jennifer S. Buttrick, Member CHARTER REVISION COMMISSION TUESDAY, JANUARY 25, 2022 9:00 AM CALL TO ORDER/ROLL CALL OF MEMBERS PLEDGE OF ALLEGIANCE PUBLIC COMMENTS: There is a (3) minute time limit for each speaker during public comments. 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 Chamber, please fill-it in and return it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium. Or if you are joining the meeting remotely, please call (305) 365-7569 or (312) 626-6799, and enter the Zoom Meeting ID: 231 627 8415, followed by #. There is no participant ID. Press # again. Please press *9 to “raise your hand” which places you in a queue to speak. You will be called upon by the last three digits of your telephone number when

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov it is your turn to speak. When called upon, please press *6 to unmute yourself. PLEASE 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. APPROVAL OF MINUTES JANUARY 11, 2022 MINUTES TAB 1 ARTICLES I, II, III AND IV: Corporate Existence, Form of Government, Boundary and Powers Section 1.01. Corporate Existence. Section 1.02. Form of Government. Section 1.03. Corporate Boundary/MAP. Section 1.04. Powers. Section 1.05. Construction. Section 1.06. Capitalization Village Council; Mayor Section 2.01. Village Council. Section 2.02. Mayor and Vice Mayor. Section 2.03. Election and term of office. Section 2.04. Qualifications. Section 2.05. Vacancies; forfeiture of office; filling of vacancies. Section 2.06. Recall. Section 2.07. No compensation; reimbursement for expenses. Administrative Section 3.01. Village Manager. Section 3.02. Appointment; removal; compensation. Section 3.03. Powers and duties of the Village Manager. Section 3.04. Village Clerk. Section 3.05. Village Attorney. Section 3.06. Village Code of administrative regulations. Section 3.07. Expenditure of Village funds. Section 3.08. Competitive bid requirement. Section 3.09. Removal of Council Appointees. Legislative Section 4.01. Council Meeting Procedure. Section 4.02. Prohibitions. Section 4.03. Action requiring an ordinance. Section 4.04. Emergency ordinances. Section 4.05. Annual budget adoption.

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov Section 4.06. Fiscal year. Section 4.07. Appropriation amendments during the fiscal year. Section 4.08. Authentication, recording and disposition of ordinances; resolutions, and charter amendments. Section 4.09. Tax levy. Section 4.10. Borrowing. Section 4.11. Revenue Sharing. Section 4.12. Village boards and agencies. Section 4.13. Village Code, Ordinances and Resolutions. Section 4.14. Special Assessments. Section 4.15. Approved by Vote of Electors Required for Amendments to Land Development Regulations. Articles I, II, III and IV TAB 2 OTHER BUSINESS/GENERAL DISCUSSION SCHEDULE OF FUTURE MEETINGS A. COMMISSION MEETING THURSDAY, FEBRUARY 10, 2022, 6:00 P.M., COUNCIL CHAMBER B. COMMISSION MEETING TUESDAY, MARCH 1, 2022, 9:00 A.M., COUNCIL CHAMBER C. COMMISSION MEETING THURSDAY, MARCH 10, 2022, 6:00 P.M., COUNCIL CHAMBER D. COMMISSION MEETING* MONDAY, MARCH 28, 2022, 9:00 A.M., COUNCIL CHAMBER *This meeting date has been set if needed by the Commission ADJOURNMENT I. ANY PERSON WISHING TO ADDRESS THE CHARTER REVISION COMMISSION 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.

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVISION COMMISSION 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 CHARTER REVISION COMMISSION ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. V. ONE OR MORE COUNCILMEMBERS MAY ATTEND THIS MEETING. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE.

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov Village Council Michael W. Davey, Mayor Brett Moss, Vice Mayor Edward London, Councilmember Luis Lauredo, Councilmember Allison McCormick, Councilmember Franklin H Caplan, Councilmember Ignacio J. Segurola, Councilmember COMMISSION MEMBERS: The Honorable Allison McCormick, Commission Chair Mr. Joe Rasco, Member Mr. Jud Kurlancheek, Member Mr. Marco Gomez, Member Ms. Jennifer S. Buttrick, Member CHARTER REVISION COMMISSION TUESDAY, JANUARY 25, 2022 9:00 AM CALL TO ORDER/ROLL CALL OF MEMBERS PLEDGE OF ALLEGIANCE PUBLIC COMMENTS: There is a (3) minute time limit for each speaker during public comments. 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 Chamber, please fill-it in and return it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium. Or if you are joining the meeting remotely, please call (305) 365-7569 or (312) 626-6799, and enter the Zoom Meeting ID: 231 627 8415, followed by #. There is no participant ID. Press # again. Please press *9 to “raise your hand” which places you in a queue to speak. You will be called upon by the last three digits of your telephone number when 1

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov it is your turn to speak. When called upon, please press *6 to unmute yourself. PLEASE 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. APPROVAL OF MINUTES JANUARY 11, 2022 MINUTES TAB 1 ARTICLES I, II, III AND IV: Corporate Existence, Form of Government, Boundary and Powers Section 1.01. Corporate Existence. Section 1.02. Form of Government. Section 1.03. Corporate Boundary/MAP. Section 1.04. Powers. Section 1.05. Construction. Section 1.06. Capitalization Village Council; Mayor Section 2.01. Village Council. Section 2.02. Mayor and Vice Mayor. Section 2.03. Election and term of office. Section 2.04. Qualifications. Section 2.05. Vacancies; forfeiture of office; filling of vacancies. Section 2.06. Recall. Section 2.07. No compensation; reimbursement for expenses. Administrative Section 3.01. Village Manager. Section 3.02. Appointment; removal; compensation. Section 3.03. Powers and duties of the Village Manager. Section 3.04. Village Clerk. Section 3.05. Village Attorney. Section 3.06. Village Code of administrative regulations. Section 3.07. Expenditure of Village funds. Section 3.08. Competitive bid requirement. Section 3.09. Removal of Council Appointees. Legislative Section 4.01. Council Meeting Procedure. Section 4.02. Prohibitions. Section 4.03. Action requiring an ordinance. Section 4.04. Emergency ordinances. Section 4.05. Annual budget adoption. 2

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov Section 4.06. Fiscal year. Section 4.07. Appropriation amendments during the fiscal year. Section 4.08. Authentication, recording and disposition of ordinances; resolutions, and charter amendments. Section 4.09. Tax levy. Section 4.10. Borrowing. Section 4.11. Revenue Sharing. Section 4.12. Village boards and agencies. Section 4.13. Village Code, Ordinances and Resolutions. Section 4.14. Special Assessments. Section 4.15. Approved by Vote of Electors Required for Amendments to Land Development Regulations. Articles I, II, III and IV TAB 2 OTHER BUSINESS/GENERAL DISCUSSION SCHEDULE OF FUTURE MEETINGS A. COMMISSION MEETING THURSDAY, FEBRUARY 10, 2022, 6:00 P.M., COUNCIL CHAMBER B. COMMISSION MEETING TUESDAY, MARCH 1, 2022, 9:00 A.M., COUNCIL CHAMBER C. COMMISSION MEETING THURSDAY, MARCH 10, 2022, 6:00 P.M., COUNCIL CHAMBER D. COMMISSION MEETING* MONDAY, MARCH 28, 2022, 9:00 A.M., COUNCIL CHAMBER *This meeting date has been set if needed by the Commission ADJOURNMENT I. ANY PERSON WISHING TO ADDRESS THE CHARTER REVISION COMMISSION 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. 3

MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT". www.keybiscayne.fl.gov III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVISION COMMISSION 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 CHARTER REVISION COMMISSION ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. V. ONE OR MORE COUNCILMEMBERS MAY ATTEND THIS MEETING. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE. 4

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MINUTES CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 11, 2021 COUNCIL CHAMBER 560 CRANDON BOULEY ARD The meeting was called to order at 7:00 p.m. Present were Commission Members Jennifer Buttrick, Marco Gomez, Jud Kurlancheek, Joe Rasco and Chairman Allison McCormick. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch and Village Attorneys Chad Friedman and Roger Pou. Chairman McCormick opened for public comments. There were no residents that addressed the Commission. Attorney Friedman notified the Commission that historically the sitting Councilmember on the Commission presides as the Chairman but that it is not mandatory and asked if any Members would like to take action at this time and no action was taken. Chairman McCormick addressed the Commission opening the floor for nominations for Vice Chairman. Member Gomez made a motion to nominate Member Kurlancheek as Vice Chairman. The motion was seconded by Chairman McCormick and approved by unanimous vote with one abstention. Attorney Friedman addressed the Commission giving an overview of the process for Charter Revision and stated that the Commission's Final Report is due by April 1, 2022. The Commission will present the Final Report to Council at the April 8, 2022 Regular Council Meeting. Attorney Friedman stated that the Commission is required to review the Charter every ten (10) years and that this is the Village's opportunity to review the Village's constitution. The Charter is available on the Village's website at www .keybiscayne.fl.gov. Residents can send in their 6

January 11, 2022 questions regarding the Charter Revision Commission to Chairman McCormick or the Village Clerk. Attorneys Pou and Friedman addressed the Commission giving an overview of the Sunshine Laws, Public Records Laws and Ethics Laws that are applicable to all Charter Revision Commission Members. Attorney Friedman stated that follow up memorandums regarding the above laws will be distributed to Commission Members. Attorney Friedman addressed the Commission stating a minimum of three (3) Commission Members will need to be present in the Council Chamber in order to establish quorum and to take action on any motions. The Commission set the following meeting schedule with each meeting duration no longer than two hours: Tuesday, January 25, 2022 Thursday, February 10, 2022 Tuesday, March 1, 2022 Thursday, March 10, 2022 Monday, March 28, 2022 * 9:00 a.m. 6:00 p.m. 9:00 a.m. 6:00 p.m. 9:00 a.m. Articles I, II and III Articles IV and V Articles VI and VII Review *Optional Meeting Date if needed The Village Clerk was directed to distribute to Commission Members the Final Reports and Commission Meeting Minutes from previous Charter Revision Commissions. There was discussion from the Commission and Attorney Friedman regarding the number of Charter Revision Amendments proposed and passed historically in the Village. The Attorney stated that in the event the Commission finishes with the articles that they are working on at each meeting, they will move on to the next article. The meeting was adjourned at 7:42 p.m. Respectfully submitted: Jocelyn B. Koch Village Clerk Approved by the Commission this __ day o/ 2022: 2 o/3 7

January 11, 2022 Allison McCormick Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING, 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. 3 of3 8

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PART I - CHARTER ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS 3 ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, 4 BOUNDARY AND POWERS 5 Section 1.01. Corporate existence. 6 A municipal corporation known as Village of Key Biscayne (the "Village") is hereby created pursuant to the 7 Constitution of the State of Florida (the "State") and the Home Rule Charter of Miami-Dade County (the "County"). 8 The corporate existence of the Village shall commence upon the adoption of this Charter. 9 (Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21, 4-30-02/7-9-02) 10 Section 1.02. Form of government. 11 The Village shall have a "Council-Manager" form of government. 12 (Res. No. 97-15, 4-1-97 /6-10-97) 13 Section 1.03. Corporate boundary/MAP. 14 The corporate boundary of the Village shall be as follows: 15 BEGIN at the point of intersection of the West line of Crandon Boulevard with the South line of Crandon 16 Park, said point of intersection also being the Northeast corner of Tract 1 of SUBDIVISION OF A PORTION OF 17 MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat 18 Book 46 at Page 86 of the Public Records of Dade County, Florida; thence run Westerly along said South line 19 of Crandon Park, also being the North line of said Tract 1 and its Westerly extension to a point in the waters 20 of Biscayne Bay, said point being 1,200 feet Westerly of the most Northwesterly corner of Tract B of FOURTH 11 ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, according to the plat thereof recorded in Plat Book 53 at 22 Page 39 of the Public Records of Dade County, Florida; thence run Southwesterly, to a point in the waters of 23 Biscayne Bay, said point being the point of intersection with the Southwesterly extension of the 24 Southeasterly line of Lot 7 in Block 1 of MASHTA POINT SUBDIVISION, according to the plat thereof recorded 25 in Plat Book 131 at Page 37 of the Public Records of Dade County, Florida, said point of intersection being 26 1,000 feet Southwesterly of the most Southeasterly corner of said Lot 7, as measured along the 27 Southwesterly extension of the Southeasterly line of said Lot 7; thence run Southeasterly to a point in the 28 waters of Biscayne Bay, said point being the point of intersection of the Southwesterly extension of the 29 Southeasterly line of Lot 17 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 78 at 30 Page 83 of the Public Records of Dade County, Florida, with the Westerly extension of the South line of the 31 Waterway shown on the plat of CANOGA PROPERTIES-KEY BISCAYNE, FLORIDA, according to the plat 32 thereof recorded in Plat Book 65 at Page 88 of the Public Records of Dade County, Florida; thence run 33 Easterly, along the South line of said Waterway and its Westerly and Easterly extensions to a point in the 34 Atlantic Ocean, 500 feet Easterly of the Erosion Control Line, as said Erosion Control Line is shown on the plat 35 thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida; thence run 36 Northerly along a line 500 feet Easterly of and parallel to the said Erosion Control Line to the point of 37 intersection with the Easterly extension of the said South line of Crandon Park; thence run Westerly along 38 the said South line of Crandon Park and its Easterly extension to the Point of Beginning; 39 AND Key Biscayne, Florida, Code of Ordinances (Supp. No. 46 Update 1) Created: 2021-05-21 15:41:48 (EST] Page 4 of 26 10

Village of Key Biscayne, Florida Biscayne Bay Atlantic Ocean Rillll•Bl!S Sutc Recreation Arca 40 41 42 43 44 45 (Res. No. 97-15, 4-1-97/6-10-97) Map of Village of Key Biscayne. Florida 46 Section 1.04. Powers. 47 The Village shall have all available governmental, corporate and proprietary powers. Through the adoption of 48 this Charter, it is the intent of the electors of the Village that the municipal government established herein have 49 the broadest exercise of home rule powers permitted under the Constitution and laws of the State. SO (Res. No. 97-15, 4-1-97/6-10-97) Created: 2021-05-21 15:41:48 (EST] (Supp. No. 46 Update 1) Page 5 of 26 11

51 Section 1.05. Construction. 52 The powers of the Village shall be construed liberally in favor of the Village. 53 (Res. No. 97-15, 4-1-97 /6-10-97) 54 Section 1.06. Capitalization. 55 When a defined word is enclosed in quotes and in parentheses after the definition, that word shall be 56 treated as a defined term in the remainder of this Charter, when capitalized. 57 (Res. No. 97-15, 4-1-97/6-10-97) 58 ARTICLE II. VILLAGE COUNCIL; MAYOR2 59 Section 2.01. Village Council. 60 There shall be a Village Council (the "Council") with all legislative powers of the Village vested therein, 61 consisting of six (6) members ("Council Members") and the Mayor. References in this Charter to Council Members 62 shall include the Mayor unless the context otherwise requires. 63 (Ord. No. 92-18, § 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97 /6-10-97) 64 Section 2.02. Mayor and Vice Mayor. 65 (a) Mayor. The Mayor shall preside at meetings of the Council, be a voting member of the Council, name 66 committees of the Council and appoint members of the Village boards and agencies with the approval of the 67 Council. The Mayor shall be recognized as head of Village government for all ceremonial purposes and for 68 purposes of military law, for service of process, execution of duly authorized contracts, deeds and other 69 documents, and as the Village official designated to represent the Village in all dealings with other 70 governmental entities. The Mayor shall annually present a state of the Village message and an annual budget 71 message. 72 (b) Vice Mayor. During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers, 73 authority, duties and responsibilities of the Mayor. At the first Council meeting after each regular Village 74 election, or in any calendar year in which there is no regular Village election, at the first Council meeting in 75 the month of November of such year, the Council shall elect one (1) of its members as Vice Mayor. 76 (Ord. No. 92-18, § 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) 2Editor's note(s)-Pursuant to Ord. No. 92-18, § 1, adopted on August 11, 1992, and approved by the voters on November 3, 1992, the title of article II of the Charter has been changed from "Village Board of Trustees: Mayor" to "Village Council; Mayor." (Res. No. 97-15, 4-1-97/6-10-97) Code reference-Village Council,§ 2-21 et seq. Created: 2021-05-21 15:41:48 (EST] (Supp. No. 46 Update 1) Page 6 of 26 12

77 Section 2.03. Election and term of office. 78 (a) Each Council Member and the Mayor shall be elected at-large for a two (2) year term by the electors of the 79 Village in the manner provided in Article V of this Charter. However, beginning with the 2006 elections, a 80 transition shall commence in the length of the term of office by providing for Council Members to be elected 81 at-large for a four (4) year term by the electors of the Village in the manner provided in Article V of this 82 Charter. In order to create and maintain staggered terms which provides continuity in the legislative branch 83 of government, there shall be a transition made from two (2) year terms to four (4) year terms. This 84 transition from a two (2) year term to a four (4) year term of office shall be accomplished by providing that 85 the three (3) Council Members receiving the most votes at the 2006 election shall receive four (4) year terms 86 of office and the remaining three (3) Council Members who are elected at the 2006 election shall receive two 87 (2) year terms of office. The Mayor shall continue to be elected for a two (2) year term. 88 (b) No person shall serve as Mayor for more than two (2) consecutive elected terms, and no person may serve 89 on the Council, or as any combination of Mayor and Council Member, for more than eight (8) consecutive 90 years. 91 (Ord. No. 92-18, § 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97 /6-10-97; Res. No. 2002-21, 4-30-02/7-9-02; Ord. No. 92 2005-4, § 2, 5-10-05/4-11-06) 93 Section 2.04. Qualifications. 94 Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of 95 candidacy with the Clerk of the Village at such time and in such manner as may be prescribed by ordinance and 96 payment to the Village Clerk of the sum of one hundred dollars ($100.00) as a qualifying fee. A candidate for 97 Mayor may not be a candidate for Council Member in the same election. Only electors of the Village who have 98 resided continuously and have been a registered voter in the Village for at least one (1) year preceding the date of 99 such filing shall be eligible to hold the office of Council Member or Mayor. 100 (Ord. No. 92-18, § 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97 /6-10-97; Res. No. 2002-21, 4-30-02/7-9-02) 101 Section 2.05. Vacancies; forfeiture of office; filling of vacancies. 102 (a) Vacancies. The office of a Council Member or Mayor shall become vacant upon his/her death, resignation, 103 removal from office in any manner authorized by law or forfeiture of his/her office. 104 (b) Forfeiture of office. 105 (i) Forfeiture by disqualification. A Council Member shall forfeit his/her office if at any time during his/her 106 term s/he ceases to maintain his/her permanent residence in the Village or otherwise ceases, without 107 good cause, to be a qualified elector of the Village. 108 (ii) Forfeiture by absence. A Council Member shall be subject to forfeiture of his/her office, in the 109 discretion of the remaining Council Members, ifs/he is absent without good cause from any three (3) 110 regular meetings of the Council during any calendar year, or ifs/he is absent without good cause from 111 any three (3), consecutive Regular Meetings of the Council, whether or not during the same calendar 112 year. 113 (iii) Procedures. The Council shall be the sole judge of the qualifications of its members and shall hear all 114 questions relating to forfeiture of a Council Member's office, including whether or not good cause for 115 absence has been or may be established. The burden of establishing good cause shall be on the Council 116 Member in question; provided, however, that any Council Member may at any time during any duly Created: 2021-05-21 15:41:48 [EST] (Supp. No. 46 Update 1) Page 7 of 26 13

117 118 119 120 121 122 123 124 125 held meeting move to establish good cause for the absence of him/herself or any other Council Member, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Council Member whose qualifications are in question or who is otherwise subject to forfeiture of his/her office shall not vote on any such matters. The Council Member in question shall be entitled to a public hearing(s) on request. If a public hearing is requested, notice thereof shall be published in one (1) or more newspapers of general circulation in the Village at least one (1) week in advance of the hearing. Any final determination by the Council that a Council Member has forfeited his/her office shall be made by resolution. All votes and other acts of the Council Member in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. 126 (c) Filling of vacancies. A vacancy on the Council or in the office of Mayor shall be filled as follows: 127 (i) If the vacancy occurs on the Council and less than six (6) months remain in the unexpired term, the 128 vacancy shall be filled by the Council. If the vacancy occurs in the office of Mayor and less than six (6) 129 months remain in the unexpired term, the vacancy shall be filled by vote of the Council from among its 130 members. 131 (ii) If one (1) year or more remains in the unexpired term, the vacancy shall be filled by a special election 132 to be held not sooner than thirty (30) days or more than ninety (90) days following the occurrence of 133 the vacancy. 134 (iii) If six (6) months or more but less than one (1) year remain, the vacancy shall be filled by the Council as 135 provided for in paragraph (i) of this subsection (c) unless there is a Village, County, State or a national 136 election scheduled to take place on any date(s) within such period, in which case the vacancy shall be 137 filled by special election on the first such election date. 138 (iv) If there is no qualified candidate for any vacancy in any election, the Council shall appoint a person 139 qualified under this Article for the vacancy. 140 (v) Notwithstanding any quorum requirements established herein, if at any time the full membership of 141 the Council is reduced to less than a quorum, the remaining members may, by majority vote, appoint 142 additional members to the extent otherwise permitted or required under this subsection (c). 143 (vi) In the event that all the members of the Council are removed by death, disability, recall, forfeiture of 144 office and/or resignation, the Governor shall appoint interim Council Members who shall call a special 145 election within not less than thirty (30) days or more than sixty (60) days after such appointment and 146 such election shall be held in the same manner as the first elections under this Charter; provided, 147 however, that if there are less than six (6) months remaining in the unexpired terms, the interim 148 Council appointed by the Governor shall serve out the unexpired terms. Appointees must meet all 149 requirements for candidates provided for in the last sentence of Section 2.04. 150 (Ord. No. 92-18, § 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97 /6-10-97) 151 Section 2.06. Recall. 152 The electors of the Village shall have the power to recall and to remove from office any elected official of the 153 Village to the extent permitted by the Constitution and laws of the State. The minimum number of electors of the 154 Village which shall be required to initiate a recall petition shall be ten percent (10%) of the total number of electors 155 of the Village as of the preceding Village election. 156 (Res. No. 97-15, 4-1-97/6-10-97) Created: 2021-05-21 15:41:48 (EST] (Supp. No. 46