2nd Regular Village Commission Meeting

NORTH BAY VILLAGE REGULAR VILLAGE COMMISSION MEETING SEPTEMBER 28 , 2023 - 8:04 PM 1666 KENNEDY CAUSEWAY, #101, NORTH BAY VILLAGE, FL 33141 MEETING ID: 844 4526 6697 PASSCODE: 211503 1. Opening Items A. Call to Order Mayor Latham called the meeting to order at 8:04 p.m. B. Roll Call The following members were in attendance: Mayor Brent Latham Vice Mayor Richard Chervony Commissioner Goran Cuk Commissioner Andy Daro Commissioner Rachel Streitfeld 2. Order of Business 3. Presentations A. Proclamations and Awards B. Special Presentations to Commission 3.A Presentation of a Proclamation and Unsung Hero Award to Denise O'Brien Commissioner Streitfeld recognized longtime resident Denise O’Brien for her contributions to the Village. Ms. O’Brien was also awarded the Unsung Hero Award. 4. Approval of Commission Minutes – None

Second Regular Commission Meeting September 28, 2023 Page 2 5. Open Forum - None 6. Advisory Board Minutes/Written Reports 7. Village Commission's Report Commissioner Daro - Urged Staff to keep the project timeline for completion. - Attended a meeting with residents from the Cielo building to discuss Harbor Islands sidewalk improvements. - Suggested a Town Hall meeting to inform residents of upcoming projects and update on the Island Walk. - Would like to move forward with walkable features on Harbor Islands and 79 th Street. - He reported 43 submissions for public art projects. - Attended a recent Soccer game at the Treasure Island Elementary School (TIES) and felt that the conditions on the field were not favorable for the kids. Commissioner Cuk - Reminded residents of upcoming Concert Series to take place September 29,2023. Commissioner Streitfeld - Scheduled to attend the Miami Dade County League of Cities Best Practices conference on October 11, 2023. - Will also attend the Miami-Dade County Public School Board meeting shortly after the Conference. Mayor Latham - Reminded local businesses of an upcoming meeting with the Chamber of Commerce on September 30, 2023. - He reported a lack of communication between the Village Staff and residents relating to the Children’s Trust Program. - In the process of scheduling a meeting to meet with the ARHAUS Team exploring other ideas and how it would impact the Village. 8. Village Attorney's Report Village Attorney Haydee Sera reported that the Village was involved in two separate lawsuits. Miami Dade County School Board has requested that the Village defend and indemnify the School Board on these matters. Village Attorney Sera asked for the Village Commission's authorization to defend and indemnify the school as it relates to these two cases at the Village’s expense. ACTION: Commissioner Streitfeld made a motion authorizing the Village Legal Team to defend and indemnify the Miami-Dade County School Board at the Village's expense. Vice Mayor Chervony seconded the motion, and it passed by unanimous voice vote. Village Attorney Sera announced the request for the Village Commission to hold two separate executive sessions on the following matters.

Second Regular Commission Meeting September 28, 2023 Page 3 1. World Eleven, Inc. Miami-Dade Case No.: 2023-021724-CA-01 2. Catherine McKnight; Robert McKnight; Ernesto Gil; Laura Cattabriga; Lidia Steiner; Mary Kramer; and Lourdes Soto Miami-Dade Case No.: 2023-023662-CA-01 9. Village Manager's Report 10. Village Clerk's Report 11. Consent Agenda A. Staff Items B. Proclamations/Award/Village Key Requests 11.A A Resolution Approving an Agreement with King's Wrecker Service, Inc. for Police Towing Services - Village Manager Dr. Ralph Rosado (Deputy Chief of Police Samuel Bejar) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH KING’S WRECKER SERVICE, INC. FOR TOWING AND STORAGE SERVICES UTILIZING A CONTRACT COMPETITIVELY BID BY THE CITY OF MIAMI GARDENS; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 11.B A Resolution Approving a Second Lease Addendum for the North Bay Village Police Department Administrative Offices, Located at Causeway Towers, 1666 Kennedy Causeway, Suite 401 - Village Manager Ralph Rosado, Ph.D., AICP (Deputy Chief of Police Samuel Bejar) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING A SECOND ADDENDUM TO THE LEASE AGREEMENT BETWEEN NORTH BAY VILLAGE AND CAUSEWAY TOWERS, LLC FOR USE OF ADDITIONAL OFFICE SPACE FOR POLICE ADMINISTRATION LOCATED AT 1666 KENNEDY CAUSEWAY, SUITE 401; PROVIDING FOR AUTHORIZATION; AMENDING THE BUDGET FOR FISCAL YEAR 2023-2024; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 11.C A Resolution Approving an Amendment to the Memorandum of Understanding (MOU) for the Science, Technology, Engineering, Arts, and Mathematics (STEAM) Plus Grant Program for Treasure Island Elementary School Participants - Village Manager Ralph Rosado - (Deputy Village Manager/Human Resources Director Carla Maglio)

Second Regular Commission Meeting September 28, 2023 Page 4 A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING A FOURTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND NORTH BAY VILLAGE FOR THE ENHANCEMENT OF SCIENCE, TECHNOLOGY, ENGINEERING, ARTS, AND MATH PROGRAMMING AT TREASURE ISLAND ELEMENTARY SCHOOL; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. 11.D A Resolution Supporting the National Flood Insurance Program Reauthorization (NFIP RE) Act of 2023 and Requesting Implementation of Key Provisions to Benefit Communities Vulnerable to Flooding - Sponsored by Commissioner Rachel Streitfeld A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, URGING THE UNITED STATES CONGRESS TO APPROVE THE NATIONAL FLOOD INSURANCE PROGRAM REAUTHORIZATION (NFIP-RE) ACT OF 2023; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. 11.F A Resolution Approving a Florida Department of Transportation (FDOT) Grant Contract for Sidewalk and ADA Improvements - Village Manager Ralph Rosado, PhD, AICP (Capital Improvements Manager Delroy Peters) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, ACCEPTING A GRANT OF $776,000 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SIDEWALK AND ADA IMPROVEMENTS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE A FEDERALLY-FUNDED GRANT AGREEMENT WITH FDOT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. * Capital Improvement Project 11.G A Resolution Approving the lease of Three Unmarked Vehicles from Enterprise Fleet Management for the Village Police Department - Village Manager Ralph Rosado, Ph.D., AICP A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING THE LEASING OF THREE UNMARKED POLICE VEHICLES FROM ENTERPRISE FLEET MANAGEMENT, INC. PURSUANT TO THE MASTER WALKWAY LEASE AGREEMENT FOR LONG-TERM POLICE VEHICLE LEASING SERVICES WITH ENTERPRISE FLEET MANAGEMENT, INC. / ENTERPRISE FM, TRUST; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

Second Regular Commission Meeting September 28, 2023 Page 5 ACTION: Vice Mayor Chervony made a motion to approve the consent agenda. Commissioner Streitfeld seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Vice Mayor Chervony, Commissioner Streitfeld, Commissioner Cuk, Commissioner Daro, and Mayor Latham voting for. Village Clerk Chang read the title of the ordinance and resolution for items #13M and #14A. 13M. AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF A GENERAL OBLIGATION BOND OF NORTH BAY VILLAGE, 15 FLORIDA FOR THE PURPOSE OF FINANCING THE COSTS OF STORMWATER AND RELATED ROADWAY IMPROVEMENTS, AND PAYING COSTS OF ISSUANCE OF THE BOND; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BOND; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH FINANCIAL INSTITUTIONS FOR PURCHASE OF THE BOND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: Commissioner Daro made a motion to approve an ordinance on second reading. Commissioner Cuk seconded the motion. Upon roll call vote, the motion passed 5-0 with Commissioner Daro, Commissioner Cuk, Commissioner Streitfeld, Vice Mayor Chervony, and Mayor Latham voting for. 14.A A Resolution Authorizing the Issuance of General Obligation Bond not to Exceed $10,000,000 for the Purpose of Financing the Cost of Stormwater and Roadway Improvements; and Approve a Line of Credit Agreement - Village Manager Ralph Rosado, Ph.D., AICP A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING THE ISSUANCE OF A GENERAL OBLIGATION BOND OF NORTH BAY VILLAGE, FLORIDA NOT TO EXCEED $10,000,000 FOR THE PURPOSE OF FINANCING THE COSTS OF STORMWATER AND RELATED ROADWAY IMPROVEMENTS, AND PAYING COSTS OF ISSUANCE OF THE BOND; AWARDING THE BOND TO FIRST HORIZON TE1, LLC, A DELAWARE LIMITED LIABILITY COMPANY (THE “PURCHASER”) TO PROVIDE THE FINANCING; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LINE OF CREDIT AGREEMENT WITH THE PURCHASER; An Ordinance Authorizing the Issuance of a General Obligation Bond, Series 2023, for the Purpose of Financing the Costs of Stormwater and Related Roadway Improvements - Village Manager Ralph Rosado, PhD, AICP (Chief Financial Officer Angela Atkinson)

Second Regular Commission Meeting September 28, 2023 Page 6 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: Vice Mayor Chervony made a motion to approve the proposed resolution. Commissioner Streitfeld seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Commissioner Cuk, Vice Mayor Chervony, Commissioner Streitfeld, Commissioner Daro, and Mayor Latham voting for. Village Clerk Chang read the resolution title into the record. 13F. A Resolution Regarding Variance Application Pursuant to Section 111.13 of the Village Code of Ordinances by Farina Contemporary Pizza Corp (DBA Petralunga) for 7601 East Treasure Drive #CU-21 - Village Manager Ralph Rosado, Ph.D., AICP, Village Planner Silvia E. Vargas, AICP A RESOLUTION OF THE MAYOR AND VILLAGE COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 111.13 OF THE VILLAGE’S CODE OF ORDINANCES BY FARINA CONTEMPORARY PIZZA CORP (DBA PETRALUNGA), TO ALLOW AN ESTABLISHMENT LOCATED AT 7601 EAST TREASURE DRIVE, #CU-21, ON THE GRAND VIEW PALACE PROPERTY, TO VARY FROM SECTION 111.12(A)(1) OF THE CODE BY AUTHORIZING THE ISSUANCE OF A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR OFF- PREMISES CONSUMPTION FROM A LOCATION LESS THAN 500 FEET FROM AN EXISTING SCHOOL AND TO VARY FROM SECTION 111.12(B)(3) OF THE CODE BY AUTHORIZING THE ISSUANCE OF A LICENSE TO SELL ALCOHOLIC BEVARAGES FOR OFF-PREMISES CONSUMTION FROM A LOCATION LESS THAN 1,000 FEET FROM AN EXISTING OFF-PREMISES LICENSEE; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Planner Vargas introduced the proposed request for a variance application from Farina Contemporary Pizza to allow the establishment to sell alcoholic beverages for off-premises consumption. Staff recommended the Village Commission consider approval with staff list of conditions. Village Attorney Recio clarified the proposed variance is to supplement and remove language that prohibits the off-premises sale of alcohol. ACTION: Mayor Latham made a motion to approve the variance request for Petralunga. Commissioner Cuk seconded the motion.

Second Regular Commission Meeting September 28, 2023 Page 7 Upon roll call vote, the motion passed 5-0 with Mayor Latham, Commissioner Cuk, Commissioner Daro, Commissioner Streitfeld, and Vice Mayor Chervony voting for. 13.D A Resolution Relating to a Use Exception Pursuant to Section 8.11 of the Unified Land Development Code (ULDC) to Allow Village-Owned Property Located at 1851 Galleon Street to Be Developed for Community-Serving Facilities and as a Training Center for AFA - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] A USE EXCEPTION PURSUANT TO SECTION 8.11 OF THE UNIFIED LAND DEVELOPMENT CODE (ULDC) TO ALLOW VILLAGE-OWNED PROPERTY LOCATED AT 1851 GALLEON STREET, NORTH BAY VILLAGE, AS LEGALLY DESCRIBED IN EXHIBIT “A”, AND ZONED RM-40, TO BE DEVELOPED FOR A USE (TRAINING CENTER FOR THE ARGENTINE FOOTBALL ASSOCIATION (AFA) AND COMMUNITY-SERVING FACILITIES) WHICH PROVIDES A PUBLIC BENEFIT; AND PROVIDING FOR AN EFFECTIVE DATE. Suggested Action: At their September 14, 2023 meeting, the Planning and Zoning Board voted 4-0 to forward to the Commission a recommendation of approval with conditions as presented by Staff. 11.E A Resolution Establishing the Village's 2024-2025 State Legislative Appropriation Requests - Village Manager Ralph Rosado, Ph.D., AICP (Chief of Staff Leo Cosio) A RESOLUTION OF THE MAYOR AND THE COMMISSION OF NORTH BAY VILLAGE, FLORIDA, ESTABLISHING THE VILLAGE’S 2024-2025 STATE LEGISLATIVE APPROPRIATION REQUESTS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Chang read the resolution title into the record. Village Manager Rosado introduced the resolution and provided a summary of the state legislative appropriation requests. ACTION: Vice Mayor Chervony made a motion to approve. Commissioner Cuk seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Vice Mayor Chervony, Commissioner Cuk, Commissioner Daro, Commissioner Streitfeld, and Mayor Latham voting for. 12. First Reading of Ordinances Please be advised that if you wish to comment upon any of these quasi-judicial items, please inform the Mayor during public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-

Second Regular Commission Meeting September 28, 2023 Page 8 examination. If you refuse to be cross-examined or sworn-in, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 13. Public Hearings Please be advised that if you wish to comment upon any of these quasi-judicial items, please inform the Mayor during public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or sworn-in, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 13.A An Ordinance Amending the Unified Land Development Code (ULDC) Creating Section 8.10.2, "Payment in Satisfaction of Workforce Housing Requirements for Condominium Developments" (Privately-Initiated Amendment by 1755 JFK Owner LLC) - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING THE VILLAGE'S UNIFIED LAND DEVELOPMENT CODE (“ULDC”) TO CREATE SECTION 8.10.2, "PAYMENT IN SATISFACTION OF WORKFORCE HOUSING REQUIREMENTS FOR CONDOMINIUM DEVELOPMENTS," TO ESTABLISH A PAYMENT-IN-LIEU-OF MECHANISM FOR DEVELOPERS OF FOR-SALE RESIDENTIAL DEVELOPMENTS TO SATISFY WORKFORCE HOUSING REQUIREMENTS, AS WELL AS TO CREATE A TRUST FUND FOR THE USE OF SUCH PAYMENTS TO SUPPORT CERTAIN WORKFORCE HOUSING INITIATIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Chang read the ordinance title into the record. Village Attorney Tony Recio introduced the proposed ordinance and further explained that an alternate version was submitted for consideration, and it provides options on how payment would be made into the trust. Vice Mayor Chervony reported he attended a meeting with the Miami Dade County Housing Department, and they have indicated that they will not manage the trust for the Village. He clarified that a Housing Program will have to be created and administered.

Second Regular Commission Meeting September 28, 2023 Page 9 Cecilia Torres, of Akerman, LLP came forward to address the Village Commission and explained that the proposed ordinance would only be for condominiums, and it would assist with condo fees and assessment fees. She elaborated that it assists residents with rental assistance, and homeowners’ assistance and provides for down payment assistance if considered. Public Comment Mario Garcia, 600 Brickel Avenue, Miami, FL Closed Public Comment Village Attorney Recio clarified that the workforce housing provision would only be triggered if there are 75 dwelling units or more. There was a detailed discussion regarding the administration portion of the trust; calculation of fees; how it will be administered; the structure on how fees will be assessed; bonus density provision; base density criteria; community contributions fees; transfer of density fees and the option for the Village to calculate fees for workforce housing. ACTION: Vice Mayor Chervony made a motion to approve the proposed ordinance as presented in version 5A alternate without the fee collection in section 8.10.2(3). Commissioner Daro seconded the motion. Upon roll call vote, the motion passed 3 - 2 with Vice Mayor Chervony, Commissioner Daro Commissioner Streitfeld voting for, and Commissioner Cuk and Mayor Latham voting against. Mayor Latham suggested exploring the working housing provision to be included into the Village Charter. Village Clerk Chang read the ordinance title into the record. 13.B An Ordinance to Consider Amendments to the High-Density Multifamily Residential (RM- 70) Zoning District and Related Regulations - Village Manager Ralph Rosado, PhD, AICP (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE (ULDC) BY COMPREHENSIVELY UPDATING AND AMENDING CHAPTER 3, “DEFINITIONS,” CHAPTER 8, “ZONING,” AND CHAPTER 9, “GENERAL DESIGN STANDARDS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

Second Regular Commission Meeting September 28, 2023 Page 10 Village Planner Vargas introduced the proposed ordinance and reported that on September 12, 2023, the Commission voted 5-0 to move forward with the proposed ordinance for 2nd reading, requesting that Staff to consolidate the ancillary nonresidential use allowances into a single subsection without distinction by building size. Staff made two additional adjustments between 1st and 2nd reading to the proposed changes in Chapter 9, specifically: 1. Shift from a maximum parking standard to a recommended parking standard by unit size. This is based on additional research of latest practices in parking regulation. 2. Reintroduction of an exception for provision of compact spaces, adjusted with a reduced maximum of 10%. This is based to retain the ability to approve compact parking spaces where appropriate at a more limited rate. Village Planner Vargas recommended the adoption of the ordinance, including Exhibits A, B, and C which reflect the latest changes. Public Comment Graham Penn, 200 Biscayne Blvd. Mikel Hamawai, 7940 West Drive Marc Schumalian, 7913 West Drive Closed Public Comment There was a detailed discussion on the proposed ordinance and the formula for how a developer pays the Village when purchasing a Transfer of Density Right. ACTION: Commissioner Streitfeld made a motion to approve the proposed ordinance with the following amendment: 50% of the community contribution fee per transferred density right shall be payable within 90 days of Commission approval and the remaining 50% of the Community Contribution fee per transferred density right shall be payable prior to or upon the issuance of a building permit. Commissioner Cuk seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Commissioner Streitfeld, Commissioner Cuk, Commissioner Daro, Vice Mayor Chervony, and Mayor Latham voting for.

Second Regular Commission Meeting September 28, 2023 Page 11 13.C An Ordinance Amending the Zoning of Certain Parcels to "South Kennedy Special Area Plan" and Amending the ULDC to Create "Appendix B, South Kennedy Special Area Plan" - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP, LEED AP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, WITH ATTACHMENT(S), PURSUANT TO SECTION 4.2 OF CHAPTER 4, “ADMINISTRATION AND ENFORCEMENT,” AND SECTION 15.2.G. OF CHAPTER 15, “FORM-BASED CODE” OF THE NORTH BAY VILLAGE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), AMENDING THE ZONING OF CERTAIN PARCELS IDENTIFIED BY FOLIO NUMBER 23-3209-000-0250 AND LOCATED AT 1872 79TH STREET CAUSEWAY, NORTH BAY VILLAGE, COMPRISING APPROXIMATELY 2.8 ACRES, FROM T6-24 TRANSECT TO “SOUTH KENNEDY SPECIAL AREA PLAN”; AMENDING THE CODE TO CREATE “APPENDIX B, SOUTH KENNEDY SPECIAL AREA PLAN” TO PROVIDE SPECIFIC TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS; PROVIDING FOR CONFLICTS; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: At their July 27, 2023 meeting, the Planning and Zoning Board unanimously voted to recommend approval of the proposed code amendment and related rezoning to the Village Commission. 13.D A Resolution To Consider a Site Plan Review Application for Mixed-Use Project At 1872 79th Street Causeway Submitted by Shoma North Bay Village - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP, LEED AP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, PURSUANT TO SECTION 5.2 OF THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE (“ULDC”) [APPROVING/APPROVING WITH CONDITIONS/DENYING] A SITE PLAN APPLICATION BY SHOMA NORTH BAY VILLAGE, LLC, PURSUANT TO SECTION 5.8 OF THE ULDC, TO MODIFY THE SITE PLAN PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 2021-046 IN A MANNER EXCEEDING THE SCOPE OF MODIFICATIONS ALLOWED UNDER SECTION 5.9 OF THE ULDC, TO PROVIDE FOR DEVELOPMENT OF A 24-STORY (253 FT., 10 INCHES TALL) MIXED-USE PROJECT THAT WILL ENCOMPASS UP TO 333 DWELLING UNITS WITH COMPLEMENTARY RESIDENT AMENITIES; 750 PARKING SPACES; 52,929 SQ. FT. OF COMMERCIAL SPACE; TO BE LOCATED ON AN APPROXIMATELY 2.8-ACRE PARCEL OF LAND IDENTIFIED BY FOLIO NUMBER 23-3209-000-0250 AND LOCATED AT 1872 79TH STREET CAUSEWAY, NORTH BAY VILLAGE; PROVIDING FOR FINDINGS; PROVIDING FOR

Second Regular Commission Meeting September 28, 2023 Page 12 CONDITIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Chang read the title of the resolution for items, #13J, #13K, #13I, #13H and #13L all related to the development to be located at 7938-7940 West Drive. 13.J A Resolution Considering a Request by 7940 NBV Partners, LLC for a Variance to Permit a Reduction of the Parking Requirement for a Project at 7938-7940 West Drive - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] AN APPLICATION BY 7940 NBV PARTNERS, LLC CONCERNING PROPERTY LOCATED AT 7938-7940 WEST DRIVE, NORTH BAY VILLAGE, FLORIDA FOR A VARIANCE PURSUANT TO SECTION 7.3 OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”) OF PARKING REQUIREMENTS PROVIDED IN SECTION 9.3.C. OF THE ULDC, TO PERMIT THE PROVISION OF 135 SPACES WHERE 212 WOULD BE REQUIRED; ALTERNATIVELY [APPROVING / APPROVING WITH CONDITIONS / DENYING] A WAIVER PURSUANT TO SECTION 9.3.D. OF PARKING REQUIREMENTS PROVIDED IN SECTION 9.3.C. OF THE ULDC; PROVIDING FINDINGS; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. On September 14, 2023, a motion by the Planning and Zoning Board to approve the request for a reduction of the required minimum parking requirement for multifamily residential uses according to Section 9.3.D. of the ULDC failed on a 2-2 vote. It should be noted that, as presented, the accompanying Special Use Exception and Site Plan approval requests depend on the approval of this variance. The PZB, on the same date, voted, to recommend both of those items for approval. If the Commission does decide to approve the variance, Staff recommends that it be approved with conditions included in the Staff report and resolution (Attachment 4) attached to this item. Village Planner Vargas introduced the proposed site plan application and variance application for the development located at 7940 West Drive. She explained the Village Commission would need to consider four applications for the following: • Variance request to permit a reduction of the parking requirement to allow 135 spaces where 212 would be required. • Variance request to permit a parking aisle width of 22 feet where 23 feet would be required. • Request for a use exception to allow up to twenty percent of parking spaces required to be designed specifically for compact vehicles. • Request for site plan approval for a multifamily residential project consisting of up to 70 dwelling units subject to the approval of 16 density rights and permit the increase building height up to a maximum of 312 feet.

Second Regular Commission Meeting September 28, 2023 Page 13 There was a detailed discussion led by the Village Commission on the proposed building height; the applicant's request for variances; and key terms of the development agreement which included the community contributions fees, density rights fees, and the charge for the loss of 3 parking spaces on Harbor Island. Vice Mayor Chervony made a motion to extend the meeting to 1:00 a.m. Commissioner Streitfeld seconded the motion, and it passed by unanimous voice vote. At this time Village Planner Vargas reminded the Village Commission that they would have to take separate votes for each of the applicant’s requests. Mayor Latham opened the floor to public comment. There being no request for public comment, it was closed. ACTION: Commissioner Cuk made a motion to approve the variance request to permit a reduction of parking requirements. Commissioner Daro seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Commissioner Cuk, Vice Mayor Chervony, Commissioner Streitfeld, Commissioner Daro, and Mayor Latham voting for. 13.K A Resolution Considering a Request by 7940 NBV Partners, LLC, for a Variance to Reduce the Minimum Aisle Width for a Project at 7938-7940 West Drive - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] AN APPLICATION BY 7940 NBV PARTNERS, LLC CONCERNING PROPERTY LOCATED AT 7938-7940 WEST DRIVE, NORTH BAY VILLAGE, FLORIDA FOR A VARIANCE PURSUANT TO SECTION 7.3 OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”) OF MINIMUM AISLE WIDTH REQUIREMENTS PROVIDED IN SECTION 9.3.E. OF THE ULDC, TO PERMIT A PARKING AISLE WIDTH OF 22 FEET WHERE 23 FEET WOULD BE REQUIRED; PROVIDING FINDINGS; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: At their meeting of September 14, 2023, the Planning and Zoning Board voted 4-0 to recommend approval of the request for a reduction of the required minimum aisle width according to Section 9.3.E. of the ULDC. ACTION: Commissioner Streitfeld made a motion to approve. Mayor Latham seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Commissioner Cuk, Vice Mayor Chervony, Commissioner Streitfeld, Commissioner Daro, and Mayor Latham voting for.

Second Regular Commission Meeting September 28, 2023 Page 14 13.I A Resolution Considering a Request by 7940 NBV Partners, LLC for a Use Exception to Allow Compact Parking Spaces for a Project at 7938-7940 West Drive - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING/APPROVING WITH CONDITIONS/DENYING] A REQUEST BY 7940 NBV PARTNERS, LLC FOR A SPECIAL USE EXCEPTION PURSUANT TO SECTIONS 8.11 AND 9.3.E. OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), TO ALLOW UP TO TWENTY PERCENT (20%) OF PARKING SPACES REQUIRED FOR A PROJECT AT 7938-7940 WEST DRIVE TO BE DESIGNED SPECIFICALLY FOR COMPACT VEHICLES; PROVIDING FINDINGS; PROVIDING FOR CONDITIONS; PROVIDING FOR VIOLATION OF CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: Commissioner Streitfeld made a motion to approve the Use Exception to allow compact parking spaces for the subject development. Commissioner Daro seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Commissioner Cuk, Vice Mayor Chervony, Commissioner Streitfeld, Commissioner Daro, and Mayor Latham voting for. 13.H A Resolution to Consider a Site Plan Approval Application for a Multifamily Residential Project to Be Located at 7938-7940 West Drive - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] A SITE PLAN BY 7940 NBV PARTNERS, LLC, PURSUANT TO SECTIONS 5.2 OF THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE (“ULDC”), FOR DEVELOPMENT OF A MULTIFAMILY RESIDENTIAL PROJECT ON AN APPROXIMATELY 0.77-ACRE SITE LOCATED AT 7938-7940 WEST DRIVE, NORTH BAY VILLAGE, CONSISTING OF UP TO 70 DWELLING UNITS, INCLUDING REQUESTS FOR APPROVAL TO: (A) TRANSFER 16 DENSITY RIGHTS FROM VILLAGE-OWNED PROPERTY PURSUANT TO SEC. 8.13.; AND (B) INCREASE BUILDING HEIGHT ABOVE THE BASE BUILDING HEIGHT OF 150 FEET VIA BONUSES AVAILABLE PURSUANT TO SEC. 8.12, UP TO A MAXIMUM HEIGHT OF 312 FEET; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. On September 14, 2023, the Planning and Zoning Board meeting, the Board voted 4-0 to forward to the Commission a recommendation of approval subject to conditions recommended by Staff. The approval of this item was contingent upon the granting of companion variances being requested by the Applicant per Sec. 7.3, as well as a compact parking exception per Sec. 9.3.E.

Second Regular Commission Meeting September 28, 2023 Page 15 ACTION: Commissioner Streitfeld made a motion to approve the site plan application for 7938- 7940 West Drive. Commissioner Daro seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Commissioner Streitfeld, Commissioner Daro, Commissioner Cuk, Vice Mayor Chervony, and Mayor Latham voting for. 13.L A Resolution Approving a Development Agreement with 7940 NBV Partners, L L C Relating to the Proposed Residential Development Project for the Property Located at 7938-7940 West Drive - Village Manager Ralph Rosado, Ph.D., AICP A RESOLUTION OF THE MAYOR AND VILLAGE COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING A DEVELOPMENT AGREEMENT WITH 7940 NBV PARTNERS, LLC RELATING TO THE DEVELOPMENT OF A RESIDENTIAL DEVELOPMENT PROJECT AT THE PROPERTY LOCATED AT 7938-7940 WEST DRIVE, CONSISTING OF UP TO 70 UNITS, PURSUANT TO SECTION 8.15 OF THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Village Manager Rosado introduced the proposed Development Agreement and explained the key terms included: • An Island Walk easement and installation of an illuminated Island. • A Community Contribution Fee of $1.2M • A Height Bonus of $472,500 • A Capital Facilities Contribution of $200,000 • Payments to help compensate for the permanent loss of two parking spaces in front of the • building: $100,000 per space, plus an amount (payable monthly) equal to the hourly rental of the spots once the building has received its Certificate of Occupancy. The Applicant and property owners, Mikal Hamawi and Peter Kaisarys came forward and explained the list of key terms. They asked for the Village Commission to consider allowing them to pay for the transfer of density fee 25% with 90 days of site approval and 75% at building permit. They also felt the proposed price of $100,000 per parking space lost was to high and asked for the commission to consider lowering the price. They were concerned with the total amount due for community contributions fees prior to them obtaining financing for construction. ACTION: Commissioner Streitfeld made a motion to approve the proposed development subject to the following conditions: The applicant will have two options to choose from. Option A

Second Regular Commission Meeting September 28, 2023 Page 16 • Pay a total of $1,200,000 in Community Contributions fees for the transfer of density within 90 days of approval. Transferred units run with the land. • Pay $472,500 in Community Contributions Fees for height as follows: 10% ($47,250) within 30 days of site plan approval, and 90% ($425,250) at first building permit. • Pay $150,000 per parking space lost (a total of three spaces) upon the issuance of the Certificate of Occupancy. • Waive voluntary contributions for public facilities. Option B • Pay a total of $1,200,000 in Community Contributions fees for the transfer of density, as follows: 50% ($600,000) for Transfer of Density fees within 90 days of approval of site plan approval and 50% ($600,000) at first building permit. Transferred units do not run with the land and will be forfeited if site plan approval expires. • Pay $472,500 in Community Contributions fee for height as follows: 50% ($236,125) within 30 days of site plan approval and 50% ($236,125) at first building permit. • Pay a total of $300,000 for the loss of three parking spaces due within 90 days of the effective date of the development agreement. • Waive voluntary contributions for public facilities. The applicant must provide a response to the Village on the option of their choosing by October 31, 2023. Commissioner Vice Mayor Chervony seconded the motion. Upon roll call vote, the motion passed 5 - 0 with Commissioner Cuk, Vice Mayor Chervony, Commissioner Streitfeld, Commissioner Daro, and Mayor Latham voting for. 14. Discussion/Action Items A. Unfinished Business B. New Business 14.B Consideration and Appointment to Fulfill a Vacancy to the Community Enhancement Board - Village Clerk Alba L. Chang, CMC ACTION: Mayor Latham made a motion to appoint Mr. Jacob Petrini to the Community Enhancement Board. Commissioner Streitfeld seconded the motion, and it passed by unanimous voice vote. 15. Adjournment Commissioner Streitfeld made a motion to adjourn the meeting. Commissioner Cuk seconded the motion, and it passed by unanimous voice vote. The being no further business to discuss the meeting was adjourned until 12:13 a.m.

Second Regular Commission Meeting September 28, 2023 Page 17 Respectfully submitted, Accepted this 12th day of December 2023. _____________________________ Brent Latham, Mayor ATTEST _________________________ Alba L. Chang, CMC Village Clerk

NORTH BAY VILLAGE 2ND REGULAR VILLAGE COMMISSION MEETING PUBLIC MEETING NOTICE North Bay Village Commission will hold a public meeting on: Thursday, September 28, 2023 at 6:30 PM 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 844 4526 6697 Passcode: 211503 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1

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

North Bay Village OFFICIAL AGENDA 2ND REGULAR VILLAGE COMMISSION MEETING 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) Meeting ID: 844 4526 6697 Passcode: 211503 Thursday, September 28, 2023 6:30 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or ver bal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38- 17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. ADDENDUM NO. 1 - Released September 25, 2023 (Items in red contain updated information) 1. Opening Items A. Call to Order B. Roll Call C. Pledge of Allegiance D. Invocation 2. Order of Business 3. Presentations A. Proclamations and Awards B. Special Presentations to Commission 3

3.A. Presentation of a Proclamation and Unsung Hero Award to Denise O'Brien A Proclamation and the quarterly Unsung Hero Award will be presented to long-time resident Denise O'Brien for her years of dedicated service to the Village. Ms. O'Brien has been the Chair of the Sustainability and Resilience Task Force and has led the charge on many Village initiatives. UnsungHeroApplication.png 4. Approval of Commission Minutes 5. Open Forum 6. Advisory Board Minutes/Written Reports 7. Village Commission's Report 8. Village Attorney's Report 9. Village Manager's Report 10. Village Clerk's Report 11. Consent Agenda A. Staff Items B. Proclamations/Award/Village Key Requests 11.A. A Resolution Approving an Agreement with King's Wrecker Service, Inc. for Police Towing Services - Village Manager Dr. Ralph Rosado (Deputy Chief of Police Samuel Bejar) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH KING’S WRECKER SERVICE, INC. FOR TOWING AND STORAGE SERVICES UTILIZING A CONTRACT COMPETITIVELY BID BY THE CITY OF MIAMI GARDENS; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt the Resolution approving the agreement with King's Wrecker Service, Inc. utilizing the terms and conditions of the Miami Gardens contract and rates from Miami-Dade County. Resolution Towing Services w Kings Wrecker Service Piggyback .DOCX Agreement with King's Wrecker Towing and Storage Services .DOCX Exh A to Agreement - Miami Gardens Towing and Storage Exh B to Agreement - County Towing Rate Schedule 11.B. A Resolution Approving a Second Lease Addendum for the North Bay Village Police Department Administrative Offices, Located at Causeway Towers, 1666 4

Kennedy Causeway, Suite 401 - Village Manager Ralph Rosado, Ph.D., AICP (Deputy Chief of Police Samuel Bejar) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING A SECOND ADDENDUM TO THE LEASE AGREEMENT BETWEEN NORTH BAY VILLAGE AND CAUSEWAY TOWERS, LLC FOR USE OF ADDITIONAL OFFICE SPACE FOR POLICE ADMINISTRATION LOCATED AT 1666 KENNEDY CAUSEWAY, SUITE 401; PROVIDING FOR AUTHORIZATION; AMENDING THE BUDGET FOR FISCAL YEAR 2023-2024; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Staff recommends the approval of the addendum to lease agreement between Causeway Towers and North Bay Village providing for a lease extension through August 2026 and the option to renew for three additional one-year terms. Resolution Approving Addenda for Lease adding ste. 401.DOCX Exhibit A - Second Addenda for Lease - Adding Suite 401.DOC Exhibit B Budget Amendment.pdf 11.C. A Resolution Approving an Amendment to the Memorandum of Understanding (MOU) for the Science, Technology, Engineering, Arts, and Mathematics (STEAM) Plus Grant Program for Treasure Island Elementary School Participants - Village Manager Ralph Rosado - (Deputy Village Manager/Human Resources Director Carla Maglio) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING A FOURTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND NORTH BAY VILLAGE FOR THE ENHANCEMENT OF SCIENCE, TECHNOLOGY, ENGINEERING, ARTS, AND MATH PROGRAMMING AT TREASURE ISLAND ELEMENTARY SCHOOL; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. It is recommended that the Village Commission adopt the proposed resolution authorizing the Village Manager to enter into a fourth contract amendment for the STEAM Plus initiative program for the 2023-2024 School Year. Resolution 4th Amendment to MOU for TIES STEAM .DOCX Resolution Exhibit A - STEAM Plus 2023-2024 .pdf 11.D. A Resolution Supporting the National Flood Insurance Program Reauthorization (NFIP RE) Act of 2023 and Requesting Implementation of Key Provisions to Benefit Communities Vulnerable to Flooding - Sponsored by Commissioner Rachel Streitfeld A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY 5

VILLAGE, FLORIDA, URGING THE UNITED STATES CONGRESS TO APPROVE THE NATIONAL FLOOD INSURANCE PROGRAM REAUTHORIZATION (NFIP-RE) ACT OF 2023; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. It is recommended that the Village Commission adopt a resolution expressing support for the National Flood Insurance Program Reauthorization (NFIP RE) Act of 2023. Proposed Resolution NFIP Final.docx 11.E. A Resolution Establishing the Village's 2024-2025 State Legislative Appropriation Requests - Village Manager Ralph Rosado, PhD, AICP (Chief of Staff Leo Cosio) A RESOLUTION OF THE MAYOR AND THE COMMISSION OF NORTH BAY VILLAGE, FLORIDA, ESTABLISHING THE VILLAGE’S 2024-2025 STATE LEGISLATIVE APPROPRIATION REQUESTS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Approve the accompanying State legislative funding priorities for the State of Florida FY 2024-2025 Session. Resolution - State Legislative Appropriation Requests.docx 11.F. A Resolution Approving a Florida Department of Transportation (FDOT) Grant Contract for Sidewalk and ADA Improvements - Village Manager Ralph Rosado, PhD, AICP (Capital Improvements Manager Delroy Peters) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, ACCEPTING A GRANT OF $776,000 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SIDEWALK AND ADA IMPROVEMENTS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE A FEDERALLY-FUNDED GRANT AGREEMENT WITH FDOT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Approve a funding contract that allows the Village to be reimbursed by the Florida Department of Transportation (FDOT) for sidewalk and ADA improvements throughout the Village. * Capital Improvement Project Resolution Accepting FDOT Grant Agreement ADA Sidewalk DOCX LAP Agreement.docx Exhibit A-R2.docx Exhibit B.pdf Exhibit C.doc Exhibit D.docx 6

Exhibit E.docx Exhibit F.docx Exhibit G.docx Exhibit H.pdf Exhibit I state.pdf Exhibit J.docx 12. First Reading of Ordinances Please be advised that if you wish to comment upon any of these quasi- judicial items, please inform the Mayor during public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or sworn-in, your testimony will be given its due weight. The general public will not be permitted to cross- examine witnesses, but the public may request the Commission ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 13. Public Hearings Please be advised that if you wish to comment upon any of these quasi-judicial items, please inform the Mayor during public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or sworn-in, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 13.A. An Ordinance Amending the Unified Land Development Code (ULDC) Creating Section 8.10.2, "Payment in Satisfaction of Workforce Housing Requirements for Condominium Developments" (Privately-Initiated Amendment by 1755 JFK Owner LLC) - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING THE VILLAGE'S UNIFIED LAND DEVELOPMENT CODE (“ULDC”) TO CREATE SECTION 8.10.2, "PAYMENT IN SATISFACTION OF WORKFORCE HOUSING REQUIREMENTS FOR CONDOMINIUM DEVELOPMENTS," TO ESTABLISH A PAYMENT-IN-LIEU-OF MECHANISM FOR DEVELOPERS OF FOR-SALE RESIDENTIAL DEVELOPMENTS TO SATISFY WORKFORCE HOUSING REQUIREMENTS, AS WELL AS TO CREATE A TRUST FUND FOR THE USE OF SUCH PAYMENTS TO SUPPORT CERTAIN WORKFORCE HOUSING INITIATIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: On September 12, 2023, the Commission voted 5-0 to move the alternate Staff ordinance (included as Attachment 5 to the Staff report) to second reading. 7

Staff Report Workforce Housing Commission 091223.pdf Attachment 1_Letter of Intent and Application Form dated July 13, 2023.pdf Attachment 2_Workforce Housing Payment in-lieu Ordinance (Exhibit B).docx Attachment 3_ Miami-Dade County Implementing Order IO 3-60 (Exhibit C).pdf Attachment 4_Ordinance No. 2022-013.pdf Attachment_5 ALTERNATE Workforce Housing Payment in-lieu Ordinance (Staff recommendation).docx Attachment _5A ALTERNATE 1A Workforce Housing Payment in-Lieu Ordinance - rev 9-23-23.docx DBR 07.27.23 PZB.pdf DBR Mtg. Notice 09.28.23 .pdf 13.B. An Ordinance to Consider Amendments to the High-Density Multifamily Residential (RM-70) Zoning District and Related Regulations - Village Manager Ralph Rosado, PhD, AICP (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE (ULDC) BY COMPREHENSIVELY UPDATING AND AMENDING CHAPTER 3, “DEFINITIONS,” CHAPTER 8, “ZONING,” AND CHAPTER 9, “GENERAL DESIGN STANDARDS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: On September 12, 2023, the Commission voted 5-0 to move forward the proposed ordinance for 2nd reading, requesting that Staff consolidated the ancillary nonresidential use allowances into a single subsection without distinction by building size. Staff made two additional adjustments between 1st and 2nd reading to the proposed changes in Chapter 9, specifically: 1. Shift from a maximum parking standard to a recommended parking standard by unit size. This is based on additional research of latest practices in parking regulation. 2. Reintroduction of an exception for provision of compact spaces, adjusted with a reduced maximum of 10%. This is based to retain the ability to approve compact parking spaces where appropriate at a more limited rate. Staff recommends adoption of the ordinance, including Exhibits A, B and C which reflect the latest changes. 8

Ordinance_2023-XX-_Amendments_to_the_RM- 70_Zoning_District_and_Related_Regulations__Upd_Title_.docx Exhibit A_Chapter 3 Amendments (for 2nd reading_092823).docx Exhibit B_Chapter 8 Amendments (for 2nd reading 092823).docx Exhibit C_Chapter 9 Amendments (for 2nd reading 092823).docx Attachment 1_RM-70_Listening Session_Presentation (01172023).pdf Attachment 2_RM-70_Options Session_Presentation (03132023).pdf Attachment 3_RM-70_Review Session_Presesentation (03232023).pdf Attachment 4_Joint VC PZB Workshop (05172023).pdf Attachment 5_RM-70_HI_Current and Max Development_(UPDATE_03012023).pdf Attachment 6_Traffic Generation Analysis for Harbor Island (04062023).pdf Attachment 7_Evolution of Key Changes (Summary up to 1st reading)_090123.pdf DBR Meeting Notice 09.28.23.pdf 13.C. An Ordinance Amending the Zoning of Certain Parcels to "South Kennedy Special Area Plan" and Amending the ULDC to Create "Appendix B, South Kennedy Special Area Plan" - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP, LEED AP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, WITH ATTACHMENT(S), PURSUANT TO SECTION 4.2 OF CHAPTER 4, “ADMINISTRATION AND ENFORCEMENT,” AND SECTION 15.2.G. OF CHAPTER 15, “FORM-BASED CODE” OF THE NORTH BAY VILLAGE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), AMENDING THE ZONING OF CERTAIN PARCELS IDENTIFIED BY FOLIO NUMBER 23-3209-000-0250 AND LOCATED AT 1872 79TH STREET CAUSEWAY, NORTH BAY VILLAGE, COMPRISING APPROXIMATELY 2.8 ACRES, FROM T6-24 TRANSECT TO “SOUTH KENNEDY SPECIAL AREA PLAN”; AMENDING THE CODE TO CREATE “APPENDIX B, SOUTH KENNEDY SPECIAL AREA PLAN” TO PROVIDE SPECIFIC TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS; PROVIDING FOR CONFLICTS; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: At their July 27, 2023 meeting, the Planning and Zoning Board unanimously voted to recommend approval of the proposed code amendment and related rezoning to the Village Commission. Attachment 1_SHOMA_Survey.pdf Attachment 2_South Kennedy Special Area Plan Application.pdf Attachment 3_Appendix B to Chapter 15, South Kennedy SAP (UPDATED VC).pdf Attachment 4_Proposed Site Plan and Arch Set.pdf Attachment 5_SHOMA BAY - SUN STUDY.pdf Attachment 6_Amended North Bay Village Zoning Map.pdf Attachment 7_Ord Rezoning to South Kennedy SAP and Amending_ULDC (VC).docx Attachment 8_Proposed Cpt. 15 Text Amdts. (Appendix B_UPDATED PZB).docx 9

DBR 07.06.23 Publication.pdf Staff Report_South Kennedy Special Area Plan_Shoma (VC_092823).pdf DBR Meeting Notice 09.28.23.pdf 13.D. A Resolution To Consider a Site Plan Review Application for Mixed-Use Project at 1872 79th Street Causeway Submitted by Shoma North Bay Village - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP, LEED AP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, PURSUANT TO SECTION 5.2 OF THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE (“ULDC”) [APPROVING/APPROVING WITH CONDITIONS/DENYING] A SITE PLAN APPLICATION BY SHOMA NORTH BAY VILLAGE, LLC, PURSUANT TO SECTION 5.8 OF THE ULDC, TO MODIFY THE SITE PLAN PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 2021- 046 IN A MANNER EXCEEDING THE SCOPE OF MODIFICATIONS ALLOWED UNDER SECTION 5.9 OF THE ULDC, TO PROVIDE FOR DEVELOPMENT OF A 24-STORY (253 FT., 10 INCHES TALL) MIXED-USE PROJECT THAT WILL ENCOMPASS UP TO 333 DWELLING UNITS WITH COMPLEMENTARY RESIDENT AMENITIES; 750 PARKING SPACES; 52,929 SQ. FT. OF COMMERCIAL SPACE; TO BE LOCATED ON AN APPROXIMATELY 2.8-ACRE PARCEL OF LAND IDENTIFIED BY FOLIO NUMBER 23-3209-000-0250 AND LOCATED AT 1872 79TH STREET CAUSEWAY, NORTH BAY VILLAGE; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: Approve with conditions as recommended by Planning and Zoning Board and Staff. Staff Report_Shoma Site Plan Approval_VC_092823.pdf Attachment 1_Shoma NBV_Boundary and Topo Survey.pdf Attachment 2_Shoma NBV Reso No. 2021-046 (original approval).pdf Attachment 3a_Shoma NBV Site Plan Application_PZB_071323.pdf Attachment 3b_Shoma NBV Site Plan and Arch Plans.pdf Attachmnt 3c_Shoma NBV Engineering Plans.pdf Attachment 3d_Shoma NBV Landscape Plans.pdf Attachment 3e_Shoma NBV__Green Building Program Compliance.pdf Attachment_3f_Shoma_NBV_Traffic_Study_June_2023pdf Attachment 3g_Shoma NBV-Gravity Sewer Capacity Analysis-Final.pdf Attachment 4_Shoma NBV Site Plan_Comments and Responses_070323.pdf Attachment 5 Resolution Shoma Site Plan 1872 79th St.DOCX DBR Meeting Notice 09.28.23.pdf 13.E. A Resolution Approving a Development Agreement with Shoma North Bay Village, LLC Relating to the Proposed Mixed-Use Development Project for the Property Located at 1872 79th Street Causeway - Village Manager Ralph 10

Rosado, Ph.D., AICP A RESOLUTION OF THE MAYOR AND VILLAGE COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREE

NORTH BAY VILLAGE 2ND REGULAR VILLAGE COMMISSION MEETING PUBLIC MEETING NOTICE North Bay Village Commission will hold a public meeting on: Thursday, September 28, 2023 at 6:30 PM 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 844 4526 6697 Passcode: 211503 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1 1

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

North Bay Village OFFICIAL AGENDA 2ND REGULAR VILLAGE COMMISSION MEETING 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) Meeting ID: 844 4526 6697 Passcode: 211503 Thursday, September 28, 2023 6:30 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or ver bal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38- 17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. ADDENDUM NO. 1 - Released September 25, 2023 (Items in red contain updated information) 1. Opening Items A. Call to Order B. Roll Call C. Pledge of Allegiance D. Invocation 2. Order of Business 3. Presentations A. Proclamations and Awards B. Special Presentations to Commission 3 3

3.A. Presentation of a Proclamation and Unsung Hero Award to Denise O'Brien A Proclamation and the quarterly Unsung Hero Award will be presented to long-time resident Denise O'Brien for her years of dedicated service to the Village. Ms. O'Brien has been the Chair of the Sustainability and Resilience Task Force and has led the charge on many Village initiatives. UnsungHeroApplication.png 4. Approval of Commission Minutes 5. Open Forum 6. Advisory Board Minutes/Written Reports 7. Village Commission's Report 8. Village Attorney's Report 9. Village Manager's Report 10. Village Clerk's Report 11. Consent Agenda A. Staff Items B. Proclamations/Award/Village Key Requests 11.A. A Resolution Approving an Agreement with King's Wrecker Service, Inc. for Police Towing Services - Village Manager Dr. Ralph Rosado (Deputy Chief of Police Samuel Bejar) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH KING’S WRECKER SERVICE, INC. FOR TOWING AND STORAGE SERVICES UTILIZING A CONTRACT COMPETITIVELY BID BY THE CITY OF MIAMI GARDENS; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt the Resolution approving the agreement with King's Wrecker Service, Inc. utilizing the terms and conditions of the Miami Gardens contract and rates from Miami-Dade County. Resolution Towing Services w Kings Wrecker Service Piggyback .DOCX Agreement with King's Wrecker Towing and Storage Services .DOCX Exh A to Agreement - Miami Gardens Towing and Storage Exh B to Agreement - County Towing Rate Schedule 11.B. A Resolution Approving a Second Lease Addendum for the North Bay Village Police Department Administrative Offices, Located at Causeway Towers, 1666 4 4

Kennedy Causeway, Suite 401 - Village Manager Ralph Rosado, Ph.D., AICP (Deputy Chief of Police Samuel Bejar) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING A SECOND ADDENDUM TO THE LEASE AGREEMENT BETWEEN NORTH BAY VILLAGE AND CAUSEWAY TOWERS, LLC FOR USE OF ADDITIONAL OFFICE SPACE FOR POLICE ADMINISTRATION LOCATED AT 1666 KENNEDY CAUSEWAY, SUITE 401; PROVIDING FOR AUTHORIZATION; AMENDING THE BUDGET FOR FISCAL YEAR 2023-2024; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Staff recommends the approval of the addendum to lease agreement between Causeway Towers and North Bay Village providing for a lease extension through August 2026 and the option to renew for three additional one-year terms. Resolution Approving Addenda for Lease adding ste. 401.DOCX Exhibit A - Second Addenda for Lease - Adding Suite 401.DOC Exhibit B Budget Amendment.pdf 11.C. A Resolution Approving an Amendment to the Memorandum of Understanding (MOU) for the Science, Technology, Engineering, Arts, and Mathematics (STEAM) Plus Grant Program for Treasure Island Elementary School Participants - Village Manager Ralph Rosado - (Deputy Village Manager/Human Resources Director Carla Maglio) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING A FOURTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND NORTH BAY VILLAGE FOR THE ENHANCEMENT OF SCIENCE, TECHNOLOGY, ENGINEERING, ARTS, AND MATH PROGRAMMING AT TREASURE ISLAND ELEMENTARY SCHOOL; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. It is recommended that the Village Commission adopt the proposed resolution authorizing the Village Manager to enter into a fourth contract amendment for the STEAM Plus initiative program for the 2023-2024 School Year. Resolution 4th Amendment to MOU for TIES STEAM .DOCX Resolution Exhibit A - STEAM Plus 2023-2024 .pdf 11.D. A Resolution Supporting the National Flood Insurance Program Reauthorization (NFIP RE) Act of 2023 and Requesting Implementation of Key Provisions to Benefit Communities Vulnerable to Flooding - Sponsored by Commissioner Rachel Streitfeld A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY 5 5

VILLAGE, FLORIDA, URGING THE UNITED STATES CONGRESS TO APPROVE THE NATIONAL FLOOD INSURANCE PROGRAM REAUTHORIZATION (NFIP-RE) ACT OF 2023; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. It is recommended that the Village Commission adopt a resolution expressing support for the National Flood Insurance Program Reauthorization (NFIP RE) Act of 2023. Proposed Resolution NFIP Final.docx 11.E. A Resolution Establishing the Village's 2024-2025 State Legislative Appropriation Requests - Village Manager Ralph Rosado, PhD, AICP (Chief of Staff Leo Cosio) A RESOLUTION OF THE MAYOR AND THE COMMISSION OF NORTH BAY VILLAGE, FLORIDA, ESTABLISHING THE VILLAGE’S 2024-2025 STATE LEGISLATIVE APPROPRIATION REQUESTS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Approve the accompanying State legislative funding priorities for the State of Florida FY 2024-2025 Session. Resolution - State Legislative Appropriation Requests.docx 11.F. A Resolution Approving a Florida Department of Transportation (FDOT) Grant Contract for Sidewalk and ADA Improvements - Village Manager Ralph Rosado, PhD, AICP (Capital Improvements Manager Delroy Peters) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, ACCEPTING A GRANT OF $776,000 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SIDEWALK AND ADA IMPROVEMENTS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE A FEDERALLY-FUNDED GRANT AGREEMENT WITH FDOT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Approve a funding contract that allows the Village to be reimbursed by the Florida Department of Transportation (FDOT) for sidewalk and ADA improvements throughout the Village. * Capital Improvement Project Resolution Accepting FDOT Grant Agreement ADA Sidewalk DOCX LAP Agreement.docx Exhibit A-R2.docx Exhibit B.pdf Exhibit C.doc Exhibit D.docx 6 6

Exhibit E.docx Exhibit F.docx Exhibit G.docx Exhibit H.pdf Exhibit I state.pdf Exhibit J.docx 12. First Reading of Ordinances Please be advised that if you wish to comment upon any of these quasi- judicial items, please inform the Mayor during public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or sworn-in, your testimony will be given its due weight. The general public will not be permitted to cross- examine witnesses, but the public may request the Commission ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 13. Public Hearings Please be advised that if you wish to comment upon any of these quasi-judicial items, please inform the Mayor during public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or sworn-in, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 13.A. An Ordinance Amending the Unified Land Development Code (ULDC) Creating Section 8.10.2, "Payment in Satisfaction of Workforce Housing Requirements for Condominium Developments" (Privately-Initiated Amendment by 1755 JFK Owner LLC) - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING THE VILLAGE'S UNIFIED LAND DEVELOPMENT CODE (“ULDC”) TO CREATE SECTION 8.10.2, "PAYMENT IN SATISFACTION OF WORKFORCE HOUSING REQUIREMENTS FOR CONDOMINIUM DEVELOPMENTS," TO ESTABLISH A PAYMENT-IN-LIEU-OF MECHANISM FOR DEVELOPERS OF FOR-SALE RESIDENTIAL DEVELOPMENTS TO SATISFY WORKFORCE HOUSING REQUIREMENTS, AS WELL AS TO CREATE A TRUST FUND FOR THE USE OF SUCH PAYMENTS TO SUPPORT CERTAIN WORKFORCE HOUSING INITIATIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: On September 12, 2023, the Commission voted 5-0 to move the alternate Staff ordinance (included as Attachment 5 to the Staff report) to second reading. 7 7

Staff Report Workforce Housing Commission 091223.pdf Attachment 1_Letter of Intent and Application Form dated July 13, 2023.pdf Attachment 2_Workforce Housing Payment in-lieu Ordinance (Exhibit B).docx Attachment 3_ Miami-Dade County Implementing Order IO 3-60 (Exhibit C).pdf Attachment 4_Ordinance No. 2022-013.pdf Attachment_5 ALTERNATE Workforce Housing Payment in-lieu Ordinance (Staff recommendation).docx Attachment _5A ALTERNATE 1A Workforce Housing Payment in-Lieu Ordinance - rev 9-23-23.docx DBR 07.27.23 PZB.pdf DBR Mtg. Notice 09.28.23 .pdf 13.B. An Ordinance to Consider Amendments to the High-Density Multifamily Residential (RM-70) Zoning District and Related Regulations - Village Manager Ralph Rosado, PhD, AICP (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE (ULDC) BY COMPREHENSIVELY UPDATING AND AMENDING CHAPTER 3, “DEFINITIONS,” CHAPTER 8, “ZONING,” AND CHAPTER 9, “GENERAL DESIGN STANDARDS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: On September 12, 2023, the Commission voted 5-0 to move forward the proposed ordinance for 2nd reading, requesting that Staff consolidated the ancillary nonresidential use allowances into a single subsection without distinction by building size. Staff made two additional adjustments between 1st and 2nd reading to the proposed changes in Chapter 9, specifically: 1. Shift from a maximum parking standard to a recommended parking standard by unit size. This is based on additional research of latest practices in parking regulation. 2. Reintroduction of an exception for provision of compact spaces, adjusted with a reduced maximum of 10%. This is based to retain the ability to approve compact parking spaces where appropriate at a more limited rate. Staff recommends adoption of the ordinance, including Exhibits A, B and C which reflect the latest changes. 8 8

Ordinance_2023-XX-_Amendments_to_the_RM- 70_Zoning_District_and_Related_Regulations__Upd_Title_.docx Exhibit A_Chapter 3 Amendments (for 2nd reading_092823).docx Exhibit B_Chapter 8 Amendments (for 2nd reading 092823).docx Exhibit C_Chapter 9 Amendments (for 2nd reading 092823).docx Attachment 1_RM-70_Listening Session_Presentation (01172023).pdf Attachment 2_RM-70_Options Session_Presentation (03132023).pdf Attachment 3_RM-70_Review Session_Presesentation (03232023).pdf Attachment 4_Joint VC PZB Workshop (05172023).pdf Attachment 5_RM-70_HI_Current and Max Development_(UPDATE_03012023).pdf Attachment 6_Traffic Generation Analysis for Harbor Island (04062023).pdf Attachment 7_Evolution of Key Changes (Summary up to 1st reading)_090123.pdf DBR Meeting Notice 09.28.23.pdf 13.C. An Ordinance Amending the Zoning of Certain Parcels to "South Kennedy Special Area Plan" and Amending the ULDC to Create "Appendix B, South Kennedy Special Area Plan" - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP, LEED AP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, WITH ATTACHMENT(S), PURSUANT TO SECTION 4.2 OF CHAPTER 4, “ADMINISTRATION AND ENFORCEMENT,” AND SECTION 15.2.G. OF CHAPTER 15, “FORM-BASED CODE” OF THE NORTH BAY VILLAGE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), AMENDING THE ZONING OF CERTAIN PARCELS IDENTIFIED BY FOLIO NUMBER 23-3209-000-0250 AND LOCATED AT 1872 79TH STREET CAUSEWAY, NORTH BAY VILLAGE, COMPRISING APPROXIMATELY 2.8 ACRES, FROM T6-24 TRANSECT TO “SOUTH KENNEDY SPECIAL AREA PLAN”; AMENDING THE CODE TO CREATE “APPENDIX B, SOUTH KENNEDY SPECIAL AREA PLAN” TO PROVIDE SPECIFIC TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS; PROVIDING FOR CONFLICTS; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: At their July 27, 2023 meeting, the Planning and Zoning Board unanimously voted to recommend approval of the proposed code amendment and related rezoning to the Village Commission. Attachment 1_SHOMA_Survey.pdf Attachment 2_South Kennedy Special Area Plan Application.pdf Attachment 3_Appendix B to Chapter 15, South Kennedy SAP (UPDATED VC).pdf Attachment 4_Proposed Site Plan and Arch Set.pdf Attachment 5_SHOMA BAY - SUN STUDY.pdf Attachment 6_Amended North Bay Village Zoning Map.pdf Attachment 7_Ord Rezoning to South Kennedy SAP and Amending_ULDC (VC).docx Attachment 8_Proposed Cpt. 15 Text Amdts. (Appendix B_UPDATED PZB).docx 9 9

DBR 07.06.23 Publication.pdf Staff Report_South Kennedy Special Area Plan_Shoma (VC_092823).pdf DBR Meeting Notice 09.28.23.pdf 13.D. A Resolution To Consider a Site Plan Review Application for Mixed-Use Project at 1872 79th Street Causeway Submitted by Shoma North Bay Village - Village Manager Ralph Rosado, Ph.D., AICP (Village Planner Silvia E. Vargas, FAICP, LEED AP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, PURSUANT TO SECTION 5.2 OF THE VILLAGE’S UNIFIED LAND DEVELOPMENT CODE (“ULDC”) [APPROVING/APPROVING WITH CONDITIONS/DENYING] A SITE PLAN APPLICATION BY SHOMA NORTH BAY VILLAGE, LLC, PURSUANT TO SECTION 5.8 OF THE ULDC, TO MODIFY THE SITE PLAN PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 2021- 046 IN A MANNER EXCEEDING THE SCOPE OF MODIFICATIONS ALLOWED UNDER SECTION 5.9 OF THE ULDC, TO PROVIDE FOR DEVELOPMENT OF A 24-STORY (253 FT., 10 INCHES TALL) MIXED-USE PROJECT THAT WILL ENCOMPASS UP TO 333 DWELLING UNITS WITH COMPLEMENTARY RESIDENT AMENITIES; 750 PARKING SPACES; 52,929 SQ. FT. OF COMMERCIAL SPACE; TO BE LOCATED ON AN APPROXIMATELY 2.8-ACRE PARCEL OF LAND IDENTIFIED BY FOLIO NUMBER 23-3209-000-0250 AND LOCATED AT 1872 79TH STREET CAUSEWAY, NORTH BAY VILLAGE; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Recommended Action: Approve with conditions as recommended by Planning and Zoning Board and Staff. Staff Report_Shoma Site Plan Approval_VC_092823.pdf Attachment 1_Shoma NBV_Boundary and Topo Survey.pdf Attachment 2_Shoma NBV Reso No. 2021-046 (original approval).pdf Attachment 3a_Shoma NBV Site Plan Application_PZB_071323.pdf Attachment 3b_Shoma NBV Site Plan and Arch Plans.pdf Attachmnt 3c_Shoma NBV Engineering Plans.pdf Attachment 3d_Shoma NBV Landscape Plans.pdf Attachment 3e_Shoma NBV__Green Building Program Compliance.pdf Attachment_3f_Shoma_NBV_Traffic_Study_June_2023pdf Attachment 3g_Shoma NBV-Gravity Sewer Capacity Analysis-Final.pdf Attachment 4_Shoma NBV Site Plan_Comments and Responses_070323.pdf Attachment 5 Resolution Shoma Site Plan 1872 79th St.DOCX DBR Meeting Notice 09.28.23.pdf 13.E. A Resolution Approving a Development Agreement with Shoma North Bay Village, LLC Relating to the Proposed Mixed-Use Development Project for the Property Located at 1872 79th Street Causeway - Village Manager Ralph 10 10

Rosado, Ph.D., AICP A RESOLUTION OF THE MAYOR AND VILLAGE COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING AN AMENDED AND RESTA