agenda-special-council-meeting-01-30-2023-complete.pdf?sfvrsn=fdf8189_10

AGENDA SPECIAL COUNCIL MEETING Monday, January 30, 2023 4:00 pm Indian Creek Village Hall 9080 Bay Drive Indian Creek, FL 33154

Special Council Meeting – January 30, 2023 SPECIAL COUNCIL MEETING MONDAY, JANUARY 30, 2023 4:00 PM AT VILLAGE HALL 9080 BAY DRIVE, INDIAN CREEK, FL 33154 https://us02web.zoom.us/j/84721801393 Meeting ID: 847 2180 1393 1. CALL TO ORDER / ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS: Any person wishing to address the Council, should state their name, and address, for the record, prior to making the statement. 4. CONSENT AGENDA TAB 1 A. MINUTES: November 28, 2022 – Regular Council Meeting. 5. RESOLUTIONS TAB 2 A. A RESOLUTION OF THE VILLAGE COUNCIL OF INDIAN CREEK VILLAGE, FLORIDA, APPROVING AN AMENDMENT TO THE TERMS OF THE CONTRACT FOR CONSTRUCTION BETWEEN THE VILLAGE AND GIANNETTI CONSTRUCTION CORPORATION EXTENDING THE TIME FOR SUBSTANTIAL COMPLETION FOR THE VILLAGE ROADWAY REDEVELOPMENT PROJECT; PROVIDING FOR IMPLEMENTATION AND PROVIDING FOR AN EFFECTIVE DATE. (Resolution # 845). B. A RESOLUTION OF THE VILLAGE COUNCIL OF INDIAN CREEK VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO SUBMIT A GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE IN PURCHASING TWO YAMAHA 300 ENGINES FOR LAW ENFORCEMENT VESSELS; PROVIDING FOR IMPLEMENTATION; PROVIDING CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (Resolution # 846). 6. DISCUSSION ITEM TAB 3 A. Seawall Height.

Special Council Meeting – January 30, 2023 7. MANAGER’S REPORT TAB 4 A. Construction Site Conditions. B. Financial Report – FY2023 1st Qtr. 8. REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA___ TAB 5 9. ADJOURNMENT

TAB 1

Page 1 of 2 Minutes Regular Council Meeting November 28, 2022 MINUTES OF REGULAR COUNCIL MEETING Monday, November 28, 2022, at 05:01 p.m. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 5:00 p.m. Mayor, Bernard Klepach Present Vice Mayor, Javier Holtz Present Council Member, Irma Braman Absent Council Member, Robert Diener Present Council Member, Irwin Tauber Present VILLAGE STAFF Village Manager, Guillermo Olmedillo Village Attorney, Stephen Helfman Chief of Police, John Bernardo Finance Director, Beatrice Good IT Director, David Fernandez Village Clerk, Roseann Prado Deputy Clerk, Lorelei Narmore Public Works, Brian Sprouse AUDIENCE PRESENT: Jesse Davis of GHD.com Aaron Rollins, Lot # 7 Thereza Murray, Lot # 25 Mario Golombek, Lot # 7 Clarece Depkin – via Zoom 3. PUBLIC COMMENTS: The following person spoke on the records: • Clarece Depkin 4. CONSENT AGENDA TAB 1 A. September 28, 2022, Minutes (Regular Council Meeting) Council Member Tauber moved to approve the minutes of the Regular Council Meeting of 11/28/2022. Vice-Mayor Holtz seconded. The motion carried 4 – 0. 5. RESOLUTIONS TAB 2 A. A RESOLUTION OF INDIAN CREEK VILLAGE, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE 2021-2022 FISCAL YEAR BUDGET IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF BUDGET ORDINANCE NO. 227 AND AS PROVIDED IN EXHIBIT “A”; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Resolution # 844) Mayor Klepach moved to approve Resolution # 844. Vice-Mayor Holtz seconded. The motion carried 4 – 0.

Page 2 of 2 Minutes Regular Council Meeting November 28, 2022 B. STANTEC’S CONTRACT EXTENSION TAB 3 Vice-Mayor Holtz motioned to approve the extension of the contract with a month-to- month Amendment. Council Member Diener seconded. The motion carried 4 – 0. C. DEBRIS MONITORING AGREEMENT with WITT O’BRIEN – Piggyback with Surfside Agreement Vice-Mayor Holtz moved to approve the agreement. Council Member Tauber seconded. The motion carried 4 – 0. 6. MANAGER’S REPORT TAB 3 A. Seawall Height Report B. Police Report 7. ADJOURNMENT Mayor Klepach motioned to adjourn the meeting. Council Member Diener seconded. The meeting adjourned at 6:39 p.m. Submitted by: __________________________ Roseann Prado, Village Clerk

TAB 2.A

Special Council Meeting 1/30/2023 – Item … INDIAN CREEK VILLAGE REGULAR COUNCIL MEETING TO: Mayor, Vice-Mayor, and Honorable Members of the Council of Indian Creek Village FROM: Guillermo Olmedillo, Village Manager DATE: January 30, 2023. TITLE: Giannetti’s Construction Contract ______________________________________________________________________ Giannetti’s Construction Contract Request. Giannetti is requesting an extension of time, to their construction contract until May 27, 2023. Background On May 17, 2021, the Village issued a “Notice to Proceed” to Giannetti Contracting Corp. pursuant to Article 2, Sec. 2.1 of the Construction Contract, with a time for substantial completion of 480 days, as specified under Art. 2, Sections 2.2 through 2.4. (See attachment). On December 14, 2021, Giannetti requested an extension of time for substantial completion of the construction project until May 27, 2023. (See attachment). Issue The Contractor has continually worked and has completed approximately 85% of the specified contract work. The construction industry has been affected by supply chain issues and several change orders and interruptions were agreed upon when necessary modifications were made. Recommendation To amend Article 2, Sec.2.2, of the Construction Contract, establishing the new substantial completion date of May 1, 2023.

Special Council Meeting 1/30/2023 – Item … Attachments: ARTICLE2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the Village Manager or designee. The Notice to Proceed will not be issued until Contractor's submission to Village of all required documents and after execution of this Contract. 2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed within Forty Hundred and Eighty (480) calendar days from the date specified in the Notice to Proceed ("Substantial Completion"). Substantial Completion shall be defined for this purpose as the date on which Village receives beneficial use of the Project. The Final Completion date is defined as the date agreed to by the Village when all Work has been completed in accordance with the Contract Documents. 2.3 Upon failure of Contractor to complete the Contract within the specified period of time, Contractor shall pay to Village the sum of One Thousand Dollars ($1,000.00) for each calendar day after the time specified in Section 2.2 for Final Completion and readiness for final payment. These amounts are not penalties but are liquidated damages payable by Contractor to Village for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by Village as a consequence of Contractor's delay and failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to Village by Contractor exceeds monies due Contractor from Village, Contractor shall be liable and shall immediately upon demand by Village pay to Village the amount of said excess.

Page 1 of 2 Resolution No. 845 RESOLUTION 2023-845 A RESOLUTION OF THE VILLAGE COUNCIL OF INDIAN CREEK VILLAGE, FLORIDA, APPROVING AN AMENDMENT TO THE TERMS OF THE CONTRACT FOR CONSTRCUTION BETWEEN THE VILLAGE AND GIANNETTI CONSTRUCTION CORPORATION EXTENDING THE TIME FOR SUBSTANTIAL COMPLETION FOR THE VILLAGE ROADWAY REDEVELOPMENT PROJECT; PROVIDING FOR IMPLEMENTATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 3, 2021, Indian Creek Village (the “Village”) entered into a contract for construction with Giannetti Contracting Corporation for the redevelopment of Indian Creek Island Roadway (the “Contract”); and WHEREAS, the Contract provides for a substantial completion date of September 9, 2022; and WHEREAS, the parties wish to extend the substantial completion date to May 27, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF INDIAN CREEK, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Amendment. The Village Council hereby authorizes the Village Manager to approve an amendment of the Contract to extend the substantial completion date to May 27, 2023. Section 3. Implementation. The Village Mayor and Village Attorney are hereby directed to take all action necessary and appropriate to implement this Resolution. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption.

Page 2 of 2 Resolution No. 845 PASSED and ADOPTED this 30th day of January 2023. BERNARD KLEPACH, MAYOR ATTEST: ___ ROSEANN PRADO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: __________ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY

TAB 2.B

Page 1 of 1 Special Council Meeting 01/30/2023 INDIAN CREEK VILLAGE REGULAR COUNCIL MEETING TO: Mayor, Vice-Mayor, and Honorable Members of the Council of Indian Creek Village FROM: John Bernardo, Chief of Police DATE: January 30, 2023. TITLE: Grant Application to the FL Inland Navigation District (FIND) Waterways Assistance Program _________________________________________________________ Grant Application FL Inland Navigation District (FIND) Waterways Assistance Program. Background FL Inland Navigation District (FIND) Waterways Assistance Program (WAP). provides funding to local governments for boater safety, public recreation, and inlet management, among other topics, directly related to the waterways, specifically the Atlantic Intercoastal Waterway. The 2023 application is due to FIND Board by March 27, 2023. Issue Indian Creek Village (ICV) maintains three vessels responsible for the safety of the waterway surrounding the village, which requires enforcing state boating regulations. These vessels operate 24 hours a day, seven days a week. Maintenance of the vessels is necessary to carry out this mandate. Consultation with the Board of FIND determined replacement engines for one of these vessels was deemed an eligible expense under the program. A requirement of the grant process is to obtain an official resolution from the sponsor entities governing body. The grant provides funding for 50% of eligible expenses up to $100,000 annually. Recommendations To approve Resolution # 846 to apply for the FIND grant for replacement of two new engines for an ICV vessel. Attachments: Proposed Resolution # 846.

Page 1 of 3 Resolution 846 RESOLUTION NO. 2023-846 A RESOLUTION OF THE VILLAGE COUNCIL OF INDIAN CREEK VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO SUBMIT A GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE IN PURCHASING TWO YAMAHA 300 ENGINES FOR LAW ENFORCEMENT VESSELS; PROVIDING FOR IMPLEMENTATION; PROVIDING CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Indian Creek (the “Village”) desires to provide the best security protection to its residents via the marine patrol through the Intercoastal Waterway; and WHEREAS, the purpose of the Florida Inland Navigation District (FIND) Waterways Assistance Program is to assist local governments within the District to perform waterway improvement and safety programs; and WHEREAS, the Village desires to apply for funding through the FIND Waterways Assistance Program for $45,000 to be used toward the purchase two (2) new Yamaha 300 engines for the Village’s Police Department vessels (the “Purchase”); WHEREAS, the Purchase will allow for increased security on the Village’s Intercoastal Waterway; and WHEREAS, the Village has the ability and intention to fund its share of the cost of the Purchase (minimum ___% of project cost), and it will be operated and maintained at the expense of the Village; and WHEREAS, the Village accepts the terms and conditions set forth in FIND Rule 66B-2 F.A.C., which will be a part of the Purchase Agreement for any assistance awarded under the Village’s proposal; and

Page 2 of 3 Resolution 846 WHEREAS, the Village will make the Purchase in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District; and WHEREAS, the Village will maintain adequate financial records on the proposed acquisition to substantiate claims for reimbursement; and WHEREAS, the Village will make available to FIND if requested, a post-audit of expenses incurred prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND; and WHEREAS, the Village Council desires to authorize the Village Manager to submit a FIND Waterway Assistance Program application and execute any and all subsequent agreements or documents with the Florida Inland Navigation District to accept funding; and WHEREAS, the Village will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements; and WHEREAS, the Village Commission finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF INDIAN CREEK, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed, and incorporated herein.

Page 3 of 3 Resolution 846 Section 2. Authorization. That the Village Council hereby supports and authorizes the Village Manager to submit an application for $45,000 to the 2023 FIND Waterway Assistance Program for the Purchase. Section 3. Implementation. That the Village Manager is authorized to execute any subsequent agreements or documents with the Florida Inland Navigation District to accept funding for the Project, subject to the Village Attorney’s approval as to form, content and legal sufficiency, and to take such further action as may be necessary to implement the purpose and provisions of this Resolution. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 30th day of January, 2023. BERNARD KLEPACH, MAYOR ATTEST: _______ ROSEANN PRADO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY

TAB 3

Page 1 of 2 Special Council Meeting 01/30/2023 – Item 6.A INDIAN CREEK VILLAGE SPECIAL COUNCIL MEETING TO: Mayor, Vice-Mayor, and Honorable Members of the Council of Indian Creek Village FROM: Guillermo Olmedillo, Village Manager DATE: January 30, 2023. TITLE: Seawall Report _________________________________________________________ Seawall Report The attached report issued by Gutteridge Haskins Davey (GHD), and the table titled Sea Wall Analysis, provide the necessary information to establish the standards of seawall elevation around the Village of Indian Creek. Background At the meeting of 11/28/2022, the Council considered the attached report and directed staff to bring the issue back for further consideration. Issue The adoption of a policy or an ordinance will give clear guidance to the properties seeking development orders or presently undergoing construction. There are two issues to be decided by the Council. One, the wall height, and two, the implementation policy. GHD recommends a plus 6 ft. NAVD, which corresponds to a plus 7.55 NGVD. (The reference to NGVD is made to clarify that the seawall survey produced by our engineering consultant CDM Smith used NGVD as a reference.) This recommended height will provide protection until the year 2080. There are two options for the implementation policy. One is to undertake it as a municipal project for the entire island perimeter, similar, to the present infrastructure project. Two, requiring each owner to build up the seawall to the standard height, within a specific time or when there are improvements on the property. Whichever is earlier.

Page 2 of 2 Special Council Meeting 01/30/2023 – Item 6.A Recommendations The Council, using Table 7 of the GHD Report, should determine how long should the seawall provide protection to the Village based on the year when the water surface elevation reaches the top of the seawall and follow the corresponding recommendation. Attachments: 1. ICV Seawall Study from Gutteridge Haskins Davey (GHD). 2. Seawall Analysis Table.

Top of Seawall Study Indian Creek Village November 11, 2022 The Power of Commitment This item has been digitally signed and sealed by Jesse W. Davis on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 11-11-2022

The Power of Commitment GHD | ghd.com Document Status Status Code Revision Author Reviewer Approved for issue Name Signature Name Signature Date Draft 00 Nick Bragaia Michael R. Barnett MRB Jesse Davis JWD 11-11-2022 © GHD 2022 This document is and shall remain the property of GHD. The document may only be used for the purpose of assessing our offer of services and for inclusion in documentation for the engagement of GHD. Unauthorized use of this document in any form whatsoever is prohibited.

The Power of Commitment i Contents 1. Introduction 1 1.1 Scope of Services 1 1.2 Location 1 2. Client Provided Data 2 3. Basis of Analysis 3 3.1 Top of Seawall Guidelines in South Florida 3 3.2 Service Life 3 3.3 Coastal Engineering Considerations 4 3.3.1 Tides 4 3.3.2 Seasonal Water Level Variations 4 3.3.3 Flood Elevations 5 3.3.3.1 Federal Emergency Management Agency 5 3.3.3.2 United States Army Corps of Engineers 6 3.3.3.3 Flood Elevations Selected for this Study 7 3.3.4 Sea Level Rise Projections 7 3.3.5 Seawall Freeboard Calculation 7 4. Recommendations 9 5. References 9 Table index Table 1 Southeast Florida Municipality Minimum Top of Wall Requirements 3 Table 2 Tidal Datums for Station 8723214 (Virginia Key), Biscayne Bay, FL 4 Table 3 FEMA Stillwater Flood Elevations 5 Table 4 Extreme WSE from the USACE South Atlantic Coastal Study 6 Table 5 Comparison of Stillwater Flood Elevations 7 Table 6 SE Florida Regional Climate Change Compact Unified SLR Projections (Updated to NOAA 2022) 7 Table 7 Seawall Freeboard Scenarios 8 Figure index Figure 1 Project Limits 1 Figure 2 Indian Creek Village Seawall Survey 2 Figure 3 Seasonal Water Level Variations Relative to Mean Sea Level 4 Figure 4 FEMA Coastal Transect Location Map 5 Figure 5 Locations of Nodal Output Points Containing Extreme WSE Data 6

GHD | | 12590663 | Top of Wall Study 1 1. Introduction 1.1 Scope of Services GHD was retained by Indian Creek Village (Village) to provide a recommended, uniform top of seawall elevation. 1.2 Location The Village is a man-made island located north of Miami Beach and along the eastern extents of northern Biscayne Bay. The island encompasses ~250 acres, a private golf club, residential homes, and ~13,800 LF of mixed shorelines (the majority of which are seawalls). The Village Police station is situated on the Miami Beach barrier island and contains ~375 LF of shoreline (seawall). The approximate project limits are defined by the red and yellow lines depicted in Figure 1. Figure 1 Project Limits

GHD | | 12590663 | Top of Wall Study 2 2. Client Provided Data Longitude Surveyors conducted a top of seawall survey in November 2021 (Figure 2). The elevations ranged from 3.65ft NGVD-29 to 7.61ft, NGVD-29. This corresponds to +2.10ft, NAVD-88 to +6.06ft, NAVD-88. A tabulation of the minimum and maximum seawall elevations per lot along with the seawall survey are presented in Appendix A. Figure 2 Indian Creek Village Seawall Survey --- REMAINDER OF PAGE INTENTIONALLY BLANK ---

GHD | | 12590663 | Top of Wall Study 3 3. Basis of Analysis 3.1 Top of Seawall Guidelines in South Florida Table 1 presents the top of wall requirements for Miami-Dade County and other local municipalities. Table 1 Southeast Florida Municipality Minimum Top of Wall Requirements Municipality Top of Wall Requirement (ft, NAVD88) Reference Miami-Dade County 3.4 (required minimum) Miami-Dade County, 2022 6.0 (proposed) North Bay Village 5.94 with ability to increase cap elevation to 8.44 in the future (proposed) North Bay Village, 2022 City of Miami Beach 5.7 (public walls) City of Miami Beach, 2022 4.0 (private walls) Broward County 4.0 (by 2035) Broward County, 2022 5.0 (by 2050) City of Fort Lauderdale 3.9 (minimum) City of Fort Lauderdale, 2022 5.0 (recommended) 3.2 Service Life Seawalls are typically designed for a service life of between twenty-five and seventy-five years. For example, the U.S. Navy Waterfront Criteria (UFC, 2001) recommends a 25-year service life while the American Association of State Highway and Transportation Officials (AASHTO) considers up to 75 years (FDOT, 2018). For this study, we consider top of wall scenarios up to the year 2100. --- REMAINDER OF PAGE INTENTIONALLY BLANK ---

GHD | | 12590663 | Top of Wall Study 4 3.3 Coastal Engineering Considerations 3.3.1 Tides Tides at Indian Creek are semidiurnal (two high and two low tides per 24-hour period), with a great diurnal range of approximately 2.3 feet. NOAA station #8723214 (Virginia Key) was selected as the reference station for this study due to its record length, proximity to the site, and established tidal datums based on the current tidal epoch (1983-2001) (NOAA, 2022). Table 2 provides the tidal datums relative to the North American Vertical datum of 1988 (NAVD-88). Table 2 Tidal Datums for Station 8723214 (Virginia Key), Biscayne Bay, FL Datum NAVD-88 (ft) Highest Observed (09-10-2017)* 3.79 King Tide Event (10-05-2017) 2.30 Highest Astronomical Tide (HAT) 1.14 Mean Higher High Water (MHHW) 0.23 Mean High Water (MHW) 0.15 NAVD-88 0.00 Mean Sea Level (MSL) -0.86 Mean Tide Level (MTL) -0.89 Mean Low Water (MLW) -1.88 Mean Lower Low Water (MLLW) -2.02 Lowest Observed (03-29-1994)* -3.30 *Highest and lowest water observed water levels over the 28+ year record length (January 1994 – October 2022) 3.3.2 Seasonal Water Level Variations Seasonal water levels vary according to fluctuations in coastal temperatures, winds, pressures, and other factors (NOAA, 2022). Peak water levels in Miami typically occur during the month of October and are approximately 0.52 ft (0.159 m) higher than normal (Figure 3). The lowest water levels occur during the spring and are approximately 0.23 ft (0.070 m) lower than normal. Figure 3 Seasonal Water Level Variations Relative to Mean Sea Level

GHD | | 12590663 | Top of Wall Study 5 3.3.3 Flood Elevations Hurricanes, and the resulting storm surge, are the largest and most severe source of coastal flooding in Miami-Dade County. The water levels generated by extreme events can vary depending on location and the severity of the storm event being considered. To quantify the extreme water levels expected around the Village, two data sources were consulted and are detailed in the following sections. 3.3.3.1 Federal Emergency Management Agency The Federal Emergency Management Agency (FEMA) provides coastal flood risk data for communities throughout the United States and presents the results of their analyses in a Flood Insurance Study (FIS) accompanied by Flood Insurance Rate Maps (FIRMs). The present FIS (12086CV001B) is denoted as “Preliminary” and dated 02/25/2021 (FEMA, 2021). The FIS for Miami-Dade County, FL simulated flood elevations from passing storms using five parameters that influence surge (central pressure, radius to maximum winds, forward speed of the storm, shoreline crossing location, and crossing angle) and a joint probability method. The still water flood elevations are extracted from coastal transect number 111, which bisects the Village (see red line in Figure 4) and presented in Table 3. Figure 4 FEMA Coastal Transect Location Map Table 3 FEMA Stillwater Flood Elevations Return Interval Water Surface Elevation (ft, NAVD88) 10-yr 2.4 25-yr 2.8 50-yr 5.8 100-yr 6.4

GHD | | 12590663 | Top of Wall Study 6 3.3.3.2 United States Army Corps of Engineers The Coastal Hazards System is a secondary source of flood elevation data provided by the United States Army Corps of Engineers (USACE) – Engineer Research and Development Center (ERDC). The study provides probabilistic flood elevations by simulating numerous historic and synthetic storm events (USACE, 2022). Figure 5 depicts seven locations adjacent to the Village where flood elevations were extracted from a numerical model that simulated over 1,000 historic and synthetic storm events. Table 4 provides a statistical analysis of these results and presents the water surface elevation (WSE) by return period. The data indicate that the WSE does not vary greatly around the island. A summary of the minimum, maximum, and average WSE value per return period is listed at the bottom of the table. Figure 5 Locations of Nodal Output Points Containing Extreme WSE Data Table 4 Extreme WSE from the USACE South Atlantic Coastal Study WSE (ft, NAVD88) Node ID 10-yr 25-yr* 50-yr 100-yr 31657 4.13 4.94 5.54 6.04 31659 4.17 4.98 5.58 6.10 31660 4.13 4.91 5.51 6.00 31667 4.07 4.84 5.41 5.91 31675 4.17 4.98 5.58 6.10 31685 4.07 4.81 5.41 5.87 31688 4.13 4.94 5.54 6.04 Minimum: 4.07 4.81 5.41 5.87 Maximum: 4.17 4.98 5.58 6.10 Average: 4.12 4.91 5.51 6.01 * The SACS reports the 20-yr and the 50-yr return period WSE. Therefore, the 25-yr WSE reported above is estimated using linear interpolation.

GHD | | 12590663 | Top of Wall Study 7 3.3.3.3 Flood Elevations Selected for this Study Table 5 provides a comparison of the FEMA and USACE flood elevations. The WSE values are similar for the higher return period events (50-yr and 100-yr) but can vary by up to 2.1 feet for the lower return interval events. The more conservative values (shaded in blue) are utilized in the freeboard calculations presented in section 3.3.5. Table 5 Comparison of Stillwater Flood Elevations WSE (ft, NAVD88) Return Period FEMA SACS 10-yr 2.4 4.17 25-yr 2.8 4.98 50-yr 5.8 5.58 100-yr 6.4 6.10 3.3.4 Sea Level Rise Projections The Southeast Florida Regional Climate Change Compact (Compact) developed unified sea level rise (SLR) projections for planning and adaptation purposes in Palm Beach, Broward, Miami-Dade, and Monroe Counties. Initial sea level rise projections were released in 2011 and then updated in 2015 and 2019 (Compact, 2020). The Compact’s recommendations for short (20-yr) and medium-term (50-yr) planning horizons utilize NOAA’s 2017 Intermediate RSLR projections (NOAA, 2017). However, NOAA has since updated its RSLR projections (NOAA, 2022a). Therefore, an updated Compact guidance is summarized below in Table 6 utilizing the latest NOAA RSLR projections. Note that the values in Table 6 are relative to the year 1992. This is the central year in the current National Tidal Datum Epoch, which averages water levels over the time period of 1983 – 2001. This allows for a direct addition to the tidal datums provided in section 3.3.1. Table 6 SE Florida Regional Climate Change Compact Unified SLR Projections (Updated to NOAA 2022) Datum: Feet 1992 MSL Year NOAA 2017 Int-High NOAA 2022 Int-High* 2040 1.45 0.99 2050 2.01 1.38 2060 2.63 1.97 2070 3.38 2.69 2080 4.24 3.48 2090 5.19 4.37 2100 6.21 5.42 *NOAA 2022 values are recommended for this study. 3.3.5 Seawall Freeboard Calculation Table 7 provides the freeboard for a range of top of seawall elevations relative to a combination of stillwater flood elevations and sea level rise projections from 2040 to 2100. For this study, freeboard is defined as the difference between the water surface level and the top of wall elevation. Negative (-) freeboard indicates that the water level exceeds the top of wall elevation (cells shaded in pink), while cells shaded in green indicate the water level does not exceed the top of wall elevation.

GHD | | 12590663 | Top of Wall Study 8 Table 7 Seawall Freeboard Scenarios Wall Elevation (ft, NAVD88) Return Interval 2040 2060 2080 2100 2 100-yr -5.39 -6.37 -7.88 -9.82 50-yr -4.79 -5.77 -7.28 -9.22 25-yr -3.97 -4.95 -6.46 -8.4 10-yr -3.16 -4.14 -5.65 -7.59 2017 King Tide -1.29 -2.27 -3.78 -5.72 3 100-yr -4.39 -5.37 -6.88 -8.82 50-yr -3.79 -4.77 -6.28 -8.22 25-yr -2.97 -3.95 -5.46 -7.4 10-yr -2.16 -3.14 -4.65 -6.59 2017 King Tide -0.29 -1.27 -2.78 -4.72 4 100-yr -3.39 -4.37 -5.88 -7.82 50-yr -2.79 -3.77 -5.28 -7.22 25-yr -1.97 -2.95 -4.46 -6.4 10-yr -1.16 -2.14 -3.65 -5.59 2017 King Tide 0.71 -0.27 -1.78 -3.72 5 100-yr -2.39 -3.37 -4.88 -6.82 50-yr -1.79 -2.77 -4.28 -6.22 25-yr -0.97 -1.95 -3.46 -5.4 10-yr -0.16 -1.14 -2.65 -4.59 2017 King Tide 1.71 0.73 -0.78 -2.72 6 100-yr -1.39 -2.37 -3.88 -5.82 50-yr -0.79 -1.77 -3.28 -5.22 25-yr 0.03 -0.95 -2.46 -4.4 10-yr 0.84 -0.14 -1.65 -3.59 2017 King Tide 2.71 1.73 0.22 -1.72 7 100-yr -0.39 -1.37 -2.88 -4.82 50-yr 0.21 -0.77 -2.28 -4.22 25-yr 1.03 0.05 -1.46 -3.4 10-yr 1.84 0.86 -0.65 -2.59 2017 King Tide 3.71 2.73 1.22 -0.72 8.5 100-yr 1.11 0.13 -1.38 -3.32 50-yr 1.71 0.73 -0.78 -2.72 25-yr 2.53 1.55 0.04 -1.9 10-yr 3.34 2.36 0.85 -1.09 2017 King Tide 5.21 4.23 2.72 0.78 *Pink cells indicate scenarios where the water surface elevation exceeds the top of wall. *Green cells indicate scenarios where the water surface elevation does not exceed the top of wall.

GHD | | 12590663 | Top of Wall Study 9 4. Recommendations GHD recommends that any newly constructed seawalls consider a minimum top of seawall elevation of +6ft, NAVD-88 with the ability to raise the top of wall to +8.5ft, NAVD-88. This is based on: • A constructed top of wall of +6ft, NAVD-88 remains above the 2017 King Tide until 2080. • A constructed top of wall of +6ft, NAVD-88 remains above the 25-yr stillwater flood elevation until 2040. • A constructed top of wall of +6ft, NAVD-88 remains above the 10-yr stillwater flood elevation until 2050. • A constructed top of wall +6ft, NAVD-88 complies with Miami-Dade County’s proposed top of wall guidance as well as other local municipalities. • A future top of wall of +8.5ft, NAVD-88 remains above the 2017 King Tide until past 2100. • A future top of wall of +8.5ft, NAVD-88 remains above the 10-yr stillwater flood elevation until 2090. • A future top of wall of +8.5ft, NAVD-88 remains above the 25-yr stillwater flood elevation until 2080. 5. References 1. Broward County, 2022. Environmental Planning and Community Resilience Division. Broward County, FL. Proposed Minimum Seawall Height Policy. https://www.broward.org/Climate/Documents/201911_Tidal%20Flood%20Barrier_Deerfield_.pdf. Date accessed: 8-31-2022. 2. City of Ft. Lauderdale, 2022. Unified Land Development Regulations of Section 47-19.3. http://gyr.fortlauderdale.gov/home/showdocument?id=15244. Date accessed: 8-31-2022. 3. City of Miami Beach, 2022. Office of Marketing and Communications; Seawall Ordinance. https://www.miamibeachfl.gov/wp-content/uploads/2021/01/Miami-Beach-Commission-Adopts-Seawall- Ordinance-.pdf. Date accessed: 8-31-2022. 4. Federal Emergency Management Agency (FEMA), 2021. Flood Insurance Study – Miami-Dade County, Florida and Incorporated Areas. Flood Insurance Study Number 12086CV001B. Preliminary: February 25, 2021. 5. 2020 Florida Building Code, Accessibility, 7 th Edition. 6. Miami-Dade County, 2022. Public Works Manual, Part 2, Design and Construction. PDF transmitted via email on August 15, 2022. 7. Longitude Surveyors, 2021. Indian Creek Village, Seawall Survey dated November 2021. 8. National Oceanic and Atmospheric Administration (NOAA), 2017. Global and Regional Sea Level Rise Scenarios for the United States. NOAA Technical Report NOS CO-OPS 083. January 2017. 9. NOAA, 2022. Tides & Currents. https://tidesandcurrents.noaa.gov/stationhome.html?id=8723214. Date accessed: 7/7/2022. 10. NOAA, 2022a. NOAA Digital Coast Sea Level Rise Viewer. https://coast.noaa.gov/slr/. Date accessed: 7-7- 2022. 11. (NOAA, 2022b) NOAA Vertical Datum (VDATUM) https://vdatum.noaa.gov/vdatumweb/ 12. North Bay Village, 2022. Unified Land Development Code North Bay Village Florida. Adopted September 19, 2017.https://library.municode.com/fl/north_bay_village/codes/unified_land_development_code?nodeId=UNLA DECONOBAVIFL. Date accessed: 9-14-2022.

GHD | | 12590663 | Top of Wall Study 10 13. Seawall-Bulkheads, SEACON, Sustainability and Resilience, Florida Department of Transportation (FDOT), presented at the 5 th International Federation for Structural Concrete Congress in October 2018. https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/structures/innovation/frp/fib-177- sssrx.pdf? 14. United States Army Corps of Engineers (USACE), 2022. Coastal Hazards System. ERDC-CHL, https://chs.erdc.dren.mil/Home/Index 15. Unified Facilities Criteria (UFC), 2001. General Criteria for Waterfront Construction; UFC 4-151-10.

GHD | | 12590663 | Top of Wall Study 11 ghd.com The Power of Commitment

THE VILLAGE OF INDIAN CREEK Sea Wall Analysis Lot Number High Point Low Point Condition NGVD NAVD NGVD NAVD Good Poor 1 4.03 5.58 3.84 5.39 X 2 4.53 6.08 4.41 5.96 X 3 4.52 6.07 4.41 5.96 X 4 5.1 6.65 4.9 6.45 X 5 5.05 6.6 4.98 6.53 X 6 5.08 6.63 4.96 6.51 X 7 5.13 6.68 5.03 6.58 X 8 5.09 6.64 4.86 6.41 X 9 4.91 6.46 4.85 6.4 X 10 4.31 5.86 4.91 6.46 X 11 4.09 5.64 4.21 5.76 X 12 3.78 5.33 3.75 5.3 X 13 N/A N/A N/A N/A 14 3.91 5.46 3.71 5.26 X 15 4.25 5.8 4.37 5.92 X 16 4.38 5.93 4.26 5.81 X 17 4.44 5.99 4.34 5.89 X 18 3.97 5.52 3.86 5.41 X 19 4.04 5.59 3.9 5.45 X 20 4.3 5.85 4.03 5.58 X Western section needs attention 21 4.31 5.86 4.29 5.84 X 22 4.65 6.2 4.44 5.99 X 23 4.68 6.23 4.54 6.09 X 24 5.09 6.64 5.03 6.58 X 25 4.59 6.14 4.03 5.58 X 26 4 5.55 3.92 5.47 X 27 4.21 5.76 4.16 5.71 X 28 4.2 5.75 4.15 5.7 X 29 4.65 6.2 4.62 6.17 X 30 4.66 6.21 3.65 5.2 X 30A 4.71 6.26 4.63 6.18 X 31/32 4.67 6.22 4.82 6.37 X 33 4.1 5.65 4.07 5.62 X 34 4.07 5.62 3.96 5.51 X 35 4.04 5.59 3.95 5.5 X 36 4.21 5.76 3.98 5.53 X 37 4.07 5.62 3.9 5.45 X

Page 2 Inter-Office Memorandum 1/25/2023 38 4.07 5.62 3.89 5.44 X 39 4.53 6.08 3.93 5.48 X 40 4.48 6.03 4.42 5.97 X 41 4.52 6.07 4.47 6.02 X ICCC View Lot eastern section needs attention NGVD = National Geodetic Vertical Datum 1929 NAVD = North American Vertical Datum 1988 NAVD = NGVD + 1.55

TAB 4.A

Page 1 of 1 Special Council Meeting 01/30/2023 – Item 6.B INDIAN CREEK VILLAGE REGULAR COUNCIL MEETING TO: Mayor, Vice-Mayor, and Honorable Members of the Council of Indian Creek Village FROM: Guillermo Olmedillo, Village Manager DATE: January 30, 2023. TITLE: Construction Site Conditions _________________________________________________________ Construction Site Conditions. The attached operating conditions will be required from all contractors working on construction projects in the Village. Background There are several construction projects under development while the parking and access conditions have been modified as a result of the infrastructure project. Namely, the paved area is narrower, irrigation, water and sewer lines, and electrical conduits are in place within the right-of-way. Issue Parking within the right-of-way on either side of the road will damage the infrastructure, and parking on the paved area interferes with safe traffic flow. Recommendations Please provide feedback to the Manager. Attachments: List of Conditions.

9080 BAY DRIVE, INDIAN CREEK VILLAGE, FLORIDA 33154-3212 VOICE 305.865.4121 FAX 305.865.2502 ______________________________________________________________________________ CONSTRUCTION OPERATIONS MANAGEMENT List of Conditions Every construction project shall comply with the following conditions: 1. The use of equipment that will cause damage to the pavement or any portion of the common infrastructure of the Village is prohibited. 2. The circulation of maintenance equipment or construction equipment that exceeds the weight limitations of the Island access bridge is prohibited. 3. All equipment, construction materials, and elements that exceed the weight limitations of the Island access bridge shall be delivered to the construction site by alternate means previously approved in writing by the Village Manager, or designee. 4. The construction equipment and material expected delivery schedule shall be provided to the Village Manager 48 hours in advance. 5. The on-site parking plan must be submitted for review and approval by the Village prior to the commencement of construction. 6. On-site parking is limited only to supervisors. 7. Construction vehicles or equipment are prohibited from parking on the paved road. 8. The construction manager of each site shall supply the Village with a list of all subcontractors and corresponding supervisors who will perform work during the following week. The list shall include names and contact information. 9. No construction or repair work in the village shall commence before 8:00 a.m. or continue after 5:00 p.m. on Monday through Friday. However, the creation of loud or excessive noise in connection with the conducting of such work shall not commence prior to 9:00 a.m. No construction or repair work shall be done on Saturday, Sunday, or on holidays designated by the village. The village manager may, upon written application submitted 48 hours in advance, setting forth good cause, authorize exemptions to this section. 01/30/2023

TAB 4.B

For GENERAL FUND (001) December 31, 2022 Indian Creek Village Balance Sheet 1/9/2023 4:55pm Page 1 Assets 001.00.101.00101 CITY NATIONAL BANK 2,958,800.51 001.00.131.00101 DUE FROM FORFEITURE 8,805.47 001.00.101.00102 CITY NATL - INSURANCE RESERVE 126,549.78 001.00.102.00102 PETTY CASH 5,669.86 001.00.131.00102 DUE FROM BUILDING 81,240.07 001.00.101.00105 CITY NATL - LAW ENFORCEMENT TRAINING 212,465.50 001.00.101.00106 CITY NATL - POLICE TRAINING & EDUCATION 1,835.81 001.00.131.00125 DUE FROM STORMWATER 7,458.40 001.00.131.00131 DUE FROM WATER UTILITY FUND 163,421.25 001.00.131.00132 DUE FROM CAPITAL PROJECTS 2,409,563.44 5,975,810.09Total 5,975,810.09Total Assets $ Liabilities and Fund Balance 001.00.207.00207 DUE TO FORFEITURE 163,803.60 001.00.207.00209 DUE TO WATER UTILITY 4,328.30 001.00.207.00210 DUE TO CAPITAL 39,125.00 001.00.216.00216 ACCRUED PAYROLL LIABILITY 15.75 207,272.65Total 207,272.65Total Liabilties 001.00.271.00270 FUND BALANCE - ASSIGNED INS RESERVE 250,000.00 001.00.271.00271 FUND BALANCE - UNASSIGNED 3,609,930.95 001.00.281.00281 FUND BALANCE - RESTRICTED PUBLIC SAFETY 214,256.90 4,074,187.85Total Excess of Revenue Over Expenditures 1,694,349.59 5,768,537.44Total Fund Balances Total Liabilities and Fund Balances 5,975,810.09$