Charter Review Board

NORTH BAY VILLAGE CHARTER REVIEW BOARD MEETING MINUTES FEBRUARY 5, 2024 | 6:00 PM 1666 Kennedy Causeway #101 North Bay Village, FL 33141 Meeting ID: 822 8051 9005 | Passcode: 200115 1. OPENING ITEMS A. Call to Order The regular meeting of the Charter Review Board was called to order in the Commission Chambers at 6:05 p.m. B. Roll Call Board Members: Sherry Abramson Kip Dugal Helena Gil Alisha Graham Paul Jacob Indira Shakti Absent Eddie Lim Board Liaisons Dr. Richard Chervony, Vice Mayor (Commission Liaison) Haydee Sera, Village Attorney Ralph Rosado, Village Manager Alba L. Chang, Village Clerk 2. APPROVAL OF MINUTES 2.A Approval of the January 8, 2024 Meeting Minutes ACTION: Chair Dugal made a motion to approve the meeting minutes. Board Member Jacob seconded the motion, and it passed by unanimous voice vote.

Charter Review Board February 5, 2024 Page 2 3. UNFINISHED BUSINESS 3.A Update and Review of Sections 3.02 - 3.04 of the Village Charter • Update on Section 3.04 Compensation Village Attorney Haydee Sera stated that per the Board's request, Staff conducted research regarding the salaries of the Village Commission. Further information was gathered on borrowing and expenditure practices in other cities. Discussion ensued regarding Section 3.02 of the Village Charter concerning borrowing. Village Attorney Sera provided research findings from Key Biscayne and the Town of Cutler Bay, highlighting their debt cap requirement in their Charters. Notably, the current Village Chapter addresses expenditure rather than debt cap. The Village Code mandates a 20% general fund reserve, as specified in Section 35.22 of the Village Code. Mr. Jeff De Carlo expressed that he had not encountered a provision like this before, suggesting that limiting the Village's debt may be more appropriate than imposing a spending cap. He explained that Both Charters (Key Biscayne and Town of Cutler Bay) stipulate that the total debt should not exceed 1% of the property as certified by the Miami Dade County Property Appraiser. Figures regarding the assessed value and potential impact will be provided by the next meeting. Discussion continued regarding defining debt service and the need for clarity within the Village's Charter. Chair Dugal raised questions regarding Section 3.02 A-B, pondering if the 20% could serve as the debt cap. There was a brief discussion on the different types of debts, such as General Obligation bonds requiring voter approval, while others, like water and sewer debt, may not require a referendum. There was a comparison with other cities, highlighting the potential for a recommendation to establish a debt limit or amend it through an ordinance. Village Attorney Sera stated that the Board will need to guide goals and objectives as it relates to the section. Update on Section 3.02 E – Sale and Lease of Municipal Property Ms. Sera conducted initial research and will provide more information at the next meeting. It was noted that while the City of South Miami has a similar language, they did not require a referendum. Board Member Jacob expressed concerns regarding the Board's purview in recommending matters that have already been approved by the Village Commission.

Charter Review Board February 5, 2024 Page 3 At the last Board Meeting Board Member Lim provided a recommendation to raise the salaries for elected officials. The Village Clerk presented data from the 2018 Ethics Commission survey and an informal survey from neighboring municipalities. Chair Dugal highlighted that Village elected officials' compensation was last been adjusted in 2006. During the January 8th Board Meeting Board Member Eddie Lim proposed the following salary. $36,000 for Mayor $24,000 for Commissioners Board Member Jacob suggested a cost-of-living increase (COLA) but expressed concerns about voter approval, citing the Village's Manager-Commission form of government. Village Attorney Sera mentioned that the Board could propose to voters that the salary be established by ordinance, potentially set by the Commission. Board Member Abramson expressed concern about potential conflict. Vice Mayor Chervony highlighted the benefit of Commissioners joining the health benefit plan at individual cost, emphasizing their commitment to community improvement. Board Member Graham inquired about the last approved salary amounts. Vice Chair Shakti proposed setting a percentage of the general fund amount. She noted that the adopted budget allocates 0.04% of the budget to Village Commission salaries. Village Attorney Sera referenced the last failed ballot question from 2018 on the proposed compensation as follow: $9,000 for Commissioners $10,500 for Mayor She recommended providing both a specific number and/or a percentage in the budget with a cap. The percentage would need to be determined. Board Member Jacob proposed any increase in compensation could be based on the adopted budget, specifically out of the Commission budget and the increase could not exceed $500 annually. Vice Chair Shakti emphasized that salaries should not fall below the current adopted salary.

Charter Review Board February 5, 2024 Page 4 The minimum salary should not go below the current rate, and the increase should not exceed $500 annually. 4. DISCUSSION ITEMS 4.A Discussion and Review of the Village Charter * Article IV. Administrative * Article V. Elections * Article VI. Boards * Article VII Finance and Taxation * Article VIII. Borrowing for Municipal Projects 4.01 F. Removal of the Village Manager Board Member Jacob proposed that removing the Village Manager be done in two separate sessions to allow for a cooling period. ACTION: Board Member Jacobs made a motion to provide a provision that any consideration to remove the Village Manager be discussed in two separate meetings. Board Member Abramson seconded the motion, and it passed by unanimous voice vote. 4.02 - Village Clerk Village Clerk Chang made a recommendation to include language similar to the Town of Cutler Bay as it relates to staff that work directly with the Office of the Village Clerk. The Village Clerk shall be responsible for appointing, hiring, promoting, supervising, and removing of all employees of the office of the Village Clerk as authorized by the Village Commission in the annual budget or as otherwise provided by resolution or ordinance. ACTION: Vice Chair Shakti made a motion to accept the Village Clerk's recommendation and include the suggested language. Board Member Graham seconded the motion, and it passed by unanimous voice vote. Article V – Elections Village Attorney Sera stated that residency requirements for the Village Commission mandate that candidates must be residents of their respective islands before submitting their qualifying papers. Recently, there was litigation from the City of Miami concerning residency requirements in the City Charter. Village Attorney Sera recommended including the proposed language as "immediate

Charter Review Board February 5, 2024 Page 5 and continuous residency" as the intended requirement. The proposal was for candidates to have lived at their residence continuously for one year. ACTION: Board Member Graham made a motion to accept the Village Attorney's recommendation and include the suggested text to update residency requirements. Chair Dugal seconded the motion, and it passed by unanimous voice vote. Board Member Jacob suggested a 4-year term for the Mayor so it aligns with all the Commissioners. There was a discussion on the possible charter amendment of the Mayor term of office. ACTION: Board Member Jacob made a motion to extend the term of the Mayor to 4 years. Vice Chair Shakti seconded the motion, and it failed on a 2-4 vote. Qualifying period for General Election Village Attorney Sera explained the Village's current process of setting the qualifying period is via resolution and it is approved by the Village Commission. She explained other cities have their qualifying period set in their Charter via a calculation such as 75 days prior to but not less than 30 days before an election. It would be the Board's discretion to explore and create a calculation. ACTION: Board Member Abramson made a motion for staff to explore a formula to set the qualifying period in the Charter for 14 days. Chair Dugal seconded the motion, and it passed by unanimous voice vote. 5.05 - Nominating Petitions The Village Attorney stated that it is recommended to update the form for the DOB and/or voter registration to be added to the nominating petitions. ACTION: Board Member Graham made a motion to move forward as recommended and include the date of birth and/or Voter registration number on the nominating petition. Board member Jacob seconded the motion, and it passed by unanimous voice vote. Section 5.10 Poll Watcher and 5.11 of the Charter. Staff are recommending the removal of obsolete language and adding provisions to comply with state election laws.

Charter Review Board February 5, 2024 Page 6 ACTION: Board Member Abramson made a motion to accept staff recommendations and provide language to comply with state law. Board Member Jacob seconded the motion, and it passed by unanimous voice vote. 6.01 - Advisory Boards There was a discussion on why business owners are permitted to be appointed to the Village advisory Boards. Board Member Abramson suggested excluding business owners from participating on residents advisory boards. Board Member Jacob stated that they have more financial interest in the Village. They are only making recommendations. Village Attorney Sera stated there is no state requirement to have a Civil Service Board. The Charter reads that the Village may have one. The duties of the Civil Service Board are being handled by the union through the collective bargaining agreement. ACTION: Board Member Graham made a motion to table the item and bring back the relevant ordinance on advisory boards. Vice Chari Shakti seconded the motion, and it passed by unanimous voice vote. 6.02 Civil Service Board There was a consensus to leave the section as is and add language for NBV voters. Board Member Abramson would like clarification that they are registered voters of the Village. Chair Dugal can the ordinance clarify the provision of registered voters of North Bay Village. Village Attorney Sera responded yes; it can be updated via ordinance. There were no recommendations for Section 6.02 6.03 Planning and Zoning Board Chapter 7

Charter Review Board February 5, 2024 Page 7 There were no recommended changes. Line 343- Reimbursement of Commissioner’s Legal Fees. Board Member Graham asked how many times that provision has been exercised. She requested to see a report of the last reimbursement. The Village Attorney responded that in the last fiscal year only $50,000 had been budgeted for. Vice Mayor Chervony stated that in the last 3 years, he has signed checks amounting to $23,000 for legal fees. Village Attorney clarified that the section is limited to civil actions. Board Member Graham suggested that the vote be 4/5 for Commission Reimbursement Fees. There was consensus to table discussion to the next Board meeting. Vice Mayor Chervony conveyed that a Commissioner had suggested to the Charter Review Board the possibility of putting the potential name change to "Miami Bay Islands" on the ballot. However, there was no agreement reached to discuss altering the Village's name. ACTION: Chair Dugal proposed maintaining the Village Name unchanged, a motion seconded by Board Member Abramson, and the motion passed by unanimous voice vote. 5. PUBLIC COMMENTS Pillar Somoza – 7510 West Drive. 6. NEXT BOARD MEETING - February 15, 2024, at 6:00 p.m. 7. ADJOURNMENT 8. Chair Dugal made a motion to adjourn the meeting. Vice Chair Shakti seconded the motion, and it passed by unanimous voice vote. There being no further business to address the meeting was adjourned at 9:01 p.m.

Charter Review Board February 5, 2024 Page 8 ________________________ Kip Dugal, Chair Respectfully Submitted, _______________________ Alba L. Chang Village Clerk

NORTH BAY VILLAGE CHARTER REVIEW BOARD PUBLIC MEETING NOTICE Monday, February 5, 2024 at 6:00 PM 1666 Kennedy Causeway #101 North Bay Village, FL 33141 The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 822 8051 9005 Passcode: 200115 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1

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

1. OPENING ITEMS A. Call to Order B. Roll Call 2. APPROVAL OF MINUTES 2.A. Approval of the January 8, 2024 Meeting Minutes 01.08.2024 DRAFT.docx 3. UNFINISHED BUSINESS 3.A. Update and Review of Sections 3.02 - 3.04 of the Village Charter North Bay Village OFFICIAL AGENDA CHARTER REVIEW BOARD 1666 Kennedy Causeway #101 North Bay Village, FL 33141 Meeting ID: 822 8051 9005 Passcode: 200115 Monday, February 5, 2024 6:00 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38-17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi- judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. 3

Salaries of Elected County Officers FY 23-24.pdf Sec. 145 FS - Compensation of County Officials.pdf 2018 Miami-Dade Ethics Commission Elected Official Salary Report 2024 Salary Survey of Elected Officials - MDC.pdf 4. DISCUSSION ITEMS 4.A. Discussion and Review of the Village Charter * Article IV. Administrative * Article V. Elections * Article VI. Boards * Article VII Finance and Taxation * Article VIII. Borrowing for Municipal Projects NBV Charter.docx 5. PUBLIC COMMENTS 6. NEXT BOARD MEETING - February 15, 2024 7. ADJOURNMENT THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 305-756-7171 EXT. 45 NO LATER THAN FOUR DAYS PRIOR TO SUCH PROCEEDING. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.nbvillage.com. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT (305) 756-7171 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). 4

NORTH BAY VILLAGE CHARTER REVIEW BOARD PUBLIC MEETING NOTICE Monday, February 5, 2024 at 6:00 PM 1666 Kennedy Causeway #101 North Bay Village, FL 33141 The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 822 8051 9005 Passcode: 200115 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1

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

1. OPENING ITEMS A. Call to Order B. Roll Call 2. APPROVAL OF MINUTES 2.A. Approval of the January 8, 2024 Meeting Minutes 01.08.2024 DRAFT.docx 3. UNFINISHED BUSINESS 3.A. Update and Review of Sections 3.02 - 3.04 of the Village Charter North Bay Village OFFICIAL AGENDA CHARTER REVIEW BOARD 1666 Kennedy Causeway #101 North Bay Village, FL 33141 Meeting ID: 822 8051 9005 Passcode: 200115 Monday, February 5, 2024 6:00 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38-17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi- judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. 3

Salaries of Elected County Officers FY 23-24.pdf Sec. 145 FS - Compensation of County Officials.pdf 2018 Miami-Dade Ethics Commission Elected Official Salary Report 2024 Salary Survey of Elected Officials - MDC.pdf 4. DISCUSSION ITEMS 4.A. Discussion and Review of the Village Charter * Article IV. Administrative * Article V. Elections * Article VI. Boards * Article VII Finance and Taxation * Article VIII. Borrowing for Municipal Projects NBV Charter.docx 5. PUBLIC COMMENTS 6. NEXT BOARD MEETING - February 15, 2024 7. ADJOURNMENT THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 305-756-7171 EXT. 45 NO LATER THAN FOUR DAYS PRIOR TO SUCH PROCEEDING. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.nbvillage.com. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT (305) 756-7171 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). 4

DATE: February 5, 2024 TO: Honorable Mayor, Vice Mayor and Members of the Village Commission FROM: Alba L. Chang, Village Clerk SPONSORED BY: SUBJECT: Approval of the January 8, 2024 Meeting Minutes North Bay Village Recommendation Memorandum ITEM NO. 2.A RECOMMENDATION BACKGROUND AND ANALYSIS The Charter Review Board held a meeting on January 8, 2024, and Minutes are being provided for the Board's consideration and approval. It is recommended that the Charter Review Board approve the meeting minutes, as presented. BUDGETARY/FINANCIAL IMPACT (Finance Dept.) None PERSONNEL IMPACT None ATTACHMENTS 01.08.2024 DRAFT.docx 5

NORTH BAY VILLAGE CHARTER REVIEW BOARD MEETING MINUTES JANUARY 8, 2024 | 6:00 PM 1666 Kennedy Causeway #101 North Bay Village, FL 33141 Meeting ID: 898 3203 3824 Passcode: 816412 1. OPENING ITEMS A. Call to Order The Regular Meeting of the Advisory Charter Review Board was called to order in the Commission Chambers at 6:02 P.M. B. Roll Call Board Members: Sherry Abramson arrived late at 6:18 p.m. Kip Dugal Helena Gil Alisha Graham Paul Jacob Eddie Lim Indira Shakti Board Liaisons Dr. Richard Chervony, Vice Mayor (Commission Liaison) Haydee Sera, Village Attorney Ralph Rosado, Village Manager Alba L. Chang, Village Clerk 2. NEW BUSINESS 2.A Approval of the December 4, 2023, Meeting Minutes ACTION: Chair Dugal made a motion to approve the meeting minutes. Board Member Graham seconded the motion, and it passed by unanimous voice vote. 6

Charter Review Board January 8, 2024 Page 2 2.B Discussion and Review of the Village Charter Village Attorney Haydee Sera stated that her recommendations pertained to meeting notices. Certain sections in the Charter mandate the Village to advertise in a general circulating newspaper. The following sections received no comments or suggestions during the meeting:  Legislative History  Preamble  Definitions  Citizen’s Bill of Rights (this section mirrors the County Bill of Rights)  Article I – Creation  Article II Corporate Limits Article III – Village Commission §3.04 Compensation Board Member Lim proposed a change to the compensation of the Village Commission. ACTION: Board Member Lim made a motion to increase the Commission compensation to:  $2,000 for Commissioner a month ($24,000 annually)  $3,000 for Mayor a month ($36,000 annually) Board Member Graham seconded the motion. The Board requested staff to provide information on the salaries of elected officials in surrounding cities. ACTION: Chair Dugal made a motion to table the current motion to increase the Village Commission Compensation to the next meeting. Board Member Jacobs seconded the motion, and it passed by unanimous voice vote. Section 3.02 C - 20% of Operating budget. Section 3.02 D – Waiver of Referendum Board Member Jacobs made a motion for Staff to conduct research and review best practices observed in other cities. He further recommended exploring a tiered option for specific matters and emphasized the need for clarification on what would constitute an emergency. 7

Charter Review Board January 8, 2024 Page 3 Vice Chair Shakti seconded the motion, and the motion passed by unanimous voice vote. 3.06 – Advertising of Notices Board Member Jacobs suggested that the Charter refer to online publication. Village Attorney Sera highlighted the recent changes in State Law, allowing for online publication. She proposed that notices be provided in accordance with Chapter 50 of the Florida Statutes. The consensus among attendees was to incorporate the recommended changes to align with state law. 3.02 E – Sale and Lease of Real Property. Board Member Abramson proposed that any future agreements or licenses for Village-owned property should necessitate a referendum. Subsequently, a discussion ensued regarding the formulation of criteria to determine the circumstances under which a voter referendum would be triggered, specifically addressing the types of property that can be leased or used. There was a consensus among the Board for the Village Attorney to provide language for the inclusion of long-term leases/licenses pertaining to Village-owned property. Village Attorney Sera clarified that the presence of the Miami-Dade County Fire Department at Village Hall is permitted by Charter (§3.04) because it qualifies as a government agency. ACTION: Board Member Abramson made a motion to include licenses and operation agreements in Section 3.02 E for a duration exceeding 10 years, or alternatively, include a specified percentage. Board Member Graham seconded the motion, and it passed by unanimous voice vote. § 3.08 B – Emergency Ordinances Board Member Jacobs proposed an update to the Village Charter to align with meeting procedures. The suggestion was to publish ordinances one week before a meeting. 3.09 E - Meeting Time limits Vice Chari Shakti emphasized the need for a meeting time cap as she felt that the public would not be available during the late hours of the evenings. Village Attorney Sera clarified that the Village Commission adopted a Resolution outlining meeting procedures. According to this resolution, agendas and supporting documents for Commission Meetings must be published one week before the meeting. Additionally, the resolution grants the Village Commission the discretion to extend meeting time as needed. 8

Charter Review Board January 8, 2024 Page 4 3. PUBLIC COMMENTS  Pilar Somoza - 7510 West Drive  David Mendenhall - 7510 West Drive 4. NEXT BOARD MEETING – February 5, 2024, at 6:00 PM 5. ADJOURNMENT Chair Dugal made a motion to adjourn the meeting. Vice Chair Shakti seconded the motion, and it passed by unanimous voice vote. There being no further business to address meeting was adjourned at 7:41 p.m. 9

DATE: February 5, 2024 TO: Honorable Mayor, Vice Mayor and Members of the Village Commission FROM: Alba L. Chang, Village Clerk SPONSORED BY: SUBJECT: Update and Review of Sections 3.02 - 3.04 of the Village Charter North Bay Village Recommendation Memorandum ITEM NO. 3.A RECOMMENDATION BACKGROUND AND ANALYSIS During the January 8, 2024, Meeting, the Board discussed and reviewed various provisions of the Village Charter including: the Legislative History, Preamble, Definitions, Citizens Bill of Rights, Article I(Creation and Powers), Article II (Corporate Limits) and Article III(Legislative). The Board requested information on various aspects of these provisions of the Charter as noted below. During the February 5, 2024 Meeting, the Village Attorney, Village Clerk, Village Manager, and staff will provide additional information on the various items and the Board may discuss these provisions further. Section 3.02(A-C) - Limitations of Powers of the Commission The Board expressed interest in exploring alternatives to this section of the Charter as it relates to the 20% cap and suggested a tiered approach to the percentage. Mr. Jeff DeCarlo, Chair of the Bonds & Public Finance Practice Group at the Village's Attorney's Office, Weiss Serota Helfman Cole & Bierman, will be available at the February 5th Meeting to address this provision of the Charter and, obtain additional direction from the Board for possible revisions. Section 3.02(E) - Municipal Lease Referenda The Board suggested including licenses and operation agreements on the list of items that would require a referendum. The Village Attorney's Office will provide additional information on this at the February 15, 2024 meeting. 10

Section 3.04 - Compensation During the January 8, 2024 meeting, the Board considered whether the compensation of the Village's elected officials should be modified and requested additional information on elected officials salaries from other similar municipalities. The Village Clerk's Office conducted a survey on the salaries of elected officials in Miami- Dade County. The results of the survey, which is generally based on self-reporting by other municipalities, are enclosed for your reference. Two additional documents pertaining to elected official salaries are provided for the Board's reference: 1. A 2023 publication by The Florida Legislature's Office of Economic and Demographic Research titled "Salaries of Elected County Constitutional Officers and School District Officials for fiscal year 2023-2024"; and 2. A 2018 report by the Miami-Dade County Commission on Ethics and Public Trust titled "Compensation of Elected Officials in Miami-Dade County". It should be noted that Section 9.09 of the Village Charter requires a referendum for the Village to pay life, health, and dental benefits for elected officials/family dependents. BUDGETARY/FINANCIAL IMPACT (Finance Dept.) None PERSONNEL IMPACT None ATTACHMENTS Salaries of Elected County Officers FY 23-24.pdf Sec. 145 FS - Compensation of County Officials.pdf 2018 Miami-Dade Ethics Commission Elected Official Salary Report 2024 Salary Survey of Elected Officials - MDC.pdf 11

Salaries of Elected County Constitutional Officers and School District Officials for Fiscal Year 2023-24 September 2023 The Florida Legislature’s Office of Economic and Demographic Research 12

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Office of Economic and Demographic Research Salaries for Fiscal Year 2023-24 1 Salaries of Elected County Constitutional Officers and School District Officials for Fiscal Year 2023-24 Summary: The practice of determining the compensation of Florida’s county constitutional officers by state law was sanctioned by the Constitution of 1885 and has been maintained since the 1968 constitutional revision.1 However, it was not until 1973 that the Legislature authorized the salary compensation formula that was the precursor to its present form.2 Prior to that legislation, the authorization of changes to county officers’ compensation required frequent legislative action. A summary of these historical constitutional provisions and general law amendments can be found in this report’s appendix. In expressing its intent, the Legislature determined that a uniform salary law was needed to replace the previous local law method of determining compensation, which was haphazard, preferential, inequitable, and probably unconstitutional.3 In addition, the Legislature intended to provide for uniform compensation of county officers having substantially equal duties and responsibilities and basing these uniform salary schedules on countywide population. Furthermore, in acknowledging the Legislature’s stated intent for uniformity, Florida’s Attorney General opined in 2008 that a sheriff could not voluntarily reduce his or her salary below that established by law.4 However, in 2009, the Legislature authorized district school board members and elected school superintendents to reduce their salaries on a voluntary basis.5 Furthermore, in 2011, the Legislature authorized county commissioners, clerks of circuit court, county comptrollers, sheriffs, supervisors of elections, property appraisers, and tax collectors to voluntarily reduce their salaries.6 The statutory salary provisions apply to all designated officers in all counties, except those officials whose salaries are not subject to being set by the Legislature due to the provisions of a county home rule charter, as well as those officials of counties that have a chartered consolidated form of government as provided in Chapter 67-1320, L.O.F., (i.e., Duval County).7 The adoption of a charter provides the county’s electors with a mechanism to fundamentally alter the form of county government and the status of constitutional officers.8 Salaries have been computed for all officers of charter counties and are provided for reference purposes even though the statutorily-calculated figures may not be applicable. The current salary formula methodology specifies that the latest official population census counts or intercensal estimates for the years between decennial censuses serve as a major component of the salary computation. In addition to the population figures, the salary formula contains five other components. The base salary and group rate components for the separate officers are specified in various sections of Chapter 145, F.S., for elected county officers and Chapter 1001, F.S., for elected school district officials.9 The initial 1. Section 5, Art. II, State Constitution. 2. Chapter 73-173, L.O.F. 3. Section 145.011, F.S. 4. Florida Attorney General Opinion 2008-28 available at https://www.myfloridalegal.com/ag-opinions. 5. Chapters 2009-3 and 2009-59, L.O.F. 6. Chapter 2011-158, L.O.F. 7. Section 145.012, F.S. 8. According to the Florida Association of Counties, Florida’s charter counties and their respective year of charter adoption are as follows: Alachua (1987), Brevard (1994), Broward (1975), Charlotte (1986), Clay (1991), Columbia (2002), Duval (1968), Hillsborough (1983), Lee (1996), Leon (2002), Miami-Dade (1957), Orange (1987), Osceola (1992), Palm Beach (1985), Pinellas (1980), Polk (1998), Sarasota (1971), Seminole (1989), Volusia (1971) and Wakulla (2008) available at https://www.fl- counties.com/index.php/charter-county-information. 9. Sections 145.031, 145.051, 145.071, 145.09, 145.10, 145.11, 1001.395, 1001.47, F.S. 14

Office of Economic and Demographic Research 2 Salaries for Fiscal Year 2023-24 factor component is currently set in law as a constant numerical value.10 The Florida Department of Management Services (DMS) annually certifies the remaining two components, the annual factor and cumulative annual factor, used in the salary formula calculations.11 Historically, this annual certification has occurred in late summer during the month of August or September.12 Prior to 1984, the Florida Department of Community Affairs calculated salaries for county constitutional officers; however, that authority was deleted from law during the 1984 legislative session.13 From 1985 through 2009, the former Legislative Committee on Intergovernmental Relations continued the annual salary calculations for county constitutional officers and elected school officials as a service to governmental units. Since 2010, the Legislature’s Office of Economic and Demographic Research (EDR) has made the annual calculations. Since EDR is not required by law to perform these calculations, county government and school district officials are encouraged to independently verify the salaries of their respective elected officials. General Law Amendments Affecting Elected County and School Dis