Regular Council Meeting October 10, 2023

MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 10, 2023 COUNCIL CHAMBER 560 CRANDON BOULEY ARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:33 p.m. Present were Councilmembers Edward London, Allison McCormick, Brett G. Moss, Oscar Sardinas, Fernando A. Vazquez, Vice Mayor Franklin H. Caplan, and Mayor Joe I. Rasco. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch, and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. INVOCATION: Father Juan Carlos Paguaga with St. Agnes Catholic Church gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the Council and the public regarding the tragic events in Israel on October 7th and held a moment of silence for the victims, hostages, and the families affected. 5. PUBLIC COMMENTS: The following resident addressed the Council: Melissa White with the Key Biscayne Community Foundation, 370 Heather Lane. 6. AGENDA: Mayor Rasco requested the addition of a discussion regarding the State Lobbying Contract as Item 12B3. Councilmember Moss addressed the Council clarifying that grants the Village applies for or receives are flexible in nature since the Council is still determining what level of service is desired for the stormwater system. Vice Mayor Caplan addressed the Council clarifying that in the title of Item 8B, the 30- 100% design is a two- step process. I of 10

October JO, 2023 C ouncilm em ber L on don requested the rem oval of It em 8B fr om the con sent agenda and the M anager requested the rem oval of It em 8E fr om the consent agenda in order to have a discussion an d status update. T here w as no objection to the agenda changes nor cl arifi cation s. 7. SPECIAL PRESENTATIONS: S ale Stojanovic w ith Em erson Fittapaldi C oncors de L 'E legance W eek ( p reviou sly kn ow n as K ey B iscayn e C ar W eek) gave a presentation . T here w as extensive discussion fr om C ouncil, M r. S tojanov ic, and the M anager regarding the above presentation . T h ere w as discussion fr om C ouncil and the M anager regardin g am ending the pro cess fo r fu tur e C om m unity G ro up fu ndin g requ ests. It w as the consensus of C ouncil to m ake the fo llow ing am en dm ents to the review pro cess: ( 1) to have the review pro cess earl ier in the year ( 2) to have C oun cil part icipation prior to any decision - m akin g, and ( 3) fo r C ouncil to discuss fu nding priorities at next year' s Strategic Plann ing S ession . M ayor R asco presented a Pro cl am ation regarding N ation al E -W aste D ay and ann ounced the V ill age' s A nn ual E lectro n ic R ecycl ing D ay occurs in A pril. 8. CONSENT AGENDA: V ice M ayor C aplan m ade a m otion to appro ve the fo llow ing con sent agenda, as am en ded . T he m otion w as secon ded by C ouncilm em ber M cC orm ick and appro ved by a 7- 0 voice vote. T he vote w as as fo ll ow s: C ouncilm em bers Lon don , M cC ormi ck, M oss, S ardinas, V azquez, V ice M ayor C aplan, and M ayor R asco votin g Y es. T h e m inutes of the A ugust 29, 2023 R egular C ouncil M eetin g. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPLY FORA MATCHING HAZARD MITIGATION ASSISTANCE GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ( FEMA) TO OBTAIN FUNDING FOR A STORMWATER PUMP STATION AT HARBOR PARK; AND PROVIDING FORAN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY FEMA) MATCHING HAZARD MITIGATION GRANT IN AN AMOUNT OF $358,150 TO COMPLETE PHASE 1 OF THE GARDENS DISTRICT DRAINAGE IMPROVEMENTS PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. T h e C lerk read the fo ll ow in g resolution by titl e: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) RESILIENT FLORIDA GRANT IN AN AMOUNT OF $885,626 TO COMPLETE THE 30-100% DESIGN OF THE ZONE 1 KS STORMWATER BASIN RESILIENT INFRASTRUCTURE IMPROVEMENTS PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. V ice M ayor C aplan m ade a m otion to appro ve the resolution . T he m otion w as seconded by 2 of JO

October 10, 2023 Councilmember McCormick. Councilmember London addressed the Council regarding the above resolution. There was discussion from Council, the Manager, and CIP and Grants Manager Colleen Blank regarding the above resolution and a 50/ 50 split for reimbursements. The Manager announced a Resilient Infrastructure Adaptation Program Workshop will be held on October 26, 2023 followed by a Community Meeting. The Manager also reported that at the November 14th, 2023 Council Meeting, the administration will be requesting Council' s preferred modeling alternatives and scenarios which will give guidance to AECOM to move forward and present the 30- 100% design of the Zone 1 K8 Stormwater Basin in December or January 2024. The resolution was approved by a 7- 0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ACCEPTING A STORMWATER DRAINAGE EASEMENT AGREEMENT WITH NICOLAS MOLINA RELATING TO THE PROPERTY LOCATED AT 425 WEST MASHTA DRIVE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. Building, Zoning, and Planning Director Jeremy Calleros Gauger and Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding the above resolution. There was discussion from Council, Director Calleros Gauger, and Dr. Samimy regarding the above resolution, thanking Mr. Molina for participating in the easement agreement, and plans for future talks with property owners regarding easements to address stormwater drainage. The resolution was approved by a 7- 0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 9. ORDINANCES: The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE VIII OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES ESTABLISHING SUPPLEMENTAL OPEN MEETING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember McCormick. 3 of 10

October 10 , 20 23 The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. There was discussion from Council regarding the above ordinance and the Charter Amendment passed in the 2022 Election. The ordinance was adopted on second reading by a 7- 0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Sardinas. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Director Calleros Gauger addressed the Council regarding the above ordinance and the Village' s comprehensive plan. There was discussion from Council, Director Calleros Gauger, and the Attorney regarding the requirements for adoption. Vice Mayor Caplan addressed the Council regarding looking at the comprehensive plan and addressing Senate Bill 102 and requested this item be placed on a future agenda. There was no objection to this request. The ordinance was adopted on second reading by a 6- 0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember Sardinas was out of the room at the time the vote was taken. The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, " ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-4 " ZONING AND PLANNING APPLICATION FEES," RELATING TO COST RECOVERY; PROVIDING 4 of 10

October 10, 2023 FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember McCormick. There was discussion from Council and Director Calleros Gauger regarding the above ordinance, recouping of fees, and outsourcing. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, " ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-73 " SITE PLAN REVIEW PROCEDURES," RELATING TO VOTING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the ordinance on first reading. The motion was seconded by Vice Mayor Caplan. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. There was discussion from Council, Director Calleros Gauger, the Manager, and the Attorney regarding the above ordinance and a minimum number of days for Council review of site plans for commercial properties. It was the consensus of Council to amend the ordinance to set a minimum lead time of 28 days from the Site Plan Review Workshop to a vote of Council. The ordinance was approved, as amended, on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 10. RESOLUTIONS: At this time the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST FOR THE MODIFICATION OF A NONCONFORMING DOCK TO PERMIT THE DOCK WIDTH TO BE EXPANDED 5 of 10

October 10, 20 23 FROM APPROXIMATELY 4 FEET TO 5 FEET IN WIDTH ON PROPERTY LOCATED AT 740 HARBOR DRIVE; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. The Attorney addressed the Council regarding the quasi- judicial hearing procedure and all witnesses giving testimony were sworn in by the Clerk. There was discussion from Council and Director Calleros- Gauger regarding the above resolution. Contractor Angel Miguel Axilla, 931 Harbor Drive, representing the applicant addressed the Council regarding the above resolution. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The resolution was approved by a 7- 0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF PROTECTIVE BALLISTIC VESTS FROM FEDERAL EASTERN INTERNATIONAL, LLC IN AN AMOUNT NOT TO EXCEED $ 73,268.64; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. Chief of Police Frank Sousa addressed the Council regarding the above resolution. There was discussion from Council and Chief Sousa regarding improved rifle plate design, pricing, a 5 year warranty, and that the previous lot of expired bullet proof vests were donated to Ukraine. The resolution was approved by a 7- 0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF FOUR POLICE VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. 6 of 10

October JO, 2023 D/B/A ALAN JAY FLEET SALES IN AN AMOUNT NOT TO EXCEED $ 235,000; PROVIDING FOR AUTHORIZATION; PROVIDING FOR THE IDENTIFICATION AND SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FORAN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. Chief Sousa addressed the Council regarding the above resolution. There was discussion from Council and Chief Sousa regarding the above resolution, fuel efficiency, and the difficulty in the supply chain for obtaining new vehicles. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING DEX IMAGING, LLC, FOR COPIER MACHINE RENTAL AND MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $98,525.07 FOR A 63- MONTH TERM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. Chief Sousa addressed the Council regarding the above resolution. There was discussion from Council and Chief Sousa regarding the above resolution, copying efficiency, and toner and service calls being included in the contract. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember Vazquez was not online at the time the vote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO AECOM TECHNICAL SERVICES, INC. FOR PRE-DESIGN SERVICES RELATING TO THE K-8 SCHOOL STORMWATER DRAINAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $ 926,923.60; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. 7 of 10

October 10, 2023 Dr. Samimy addressed the Council regarding the above resolution and reported that these are the initial design tasks that are needed regardless of the final storm water design selected by Council. There was extensive discussion from Council, Dr. Samimy, and the Manager regarding the above resolution, evaluating permeability benefits vs. costs with sea level rise as a factor and having an incremental evolution of the stormwater system and over time be able to modify the discharge velocity of stormwater. Councilmember London addressed the Council and Dr. Samimy regarding looking at the cost of the level of service vs. the comfort to the residents regarding traffic, mobility, and safety and to receive input from the residents. Dr. Samimy reported that the tasks of this work order are the following: geotechnical engineering, bathymetric and topographic surveying and mapping, subsurface utility investigations, contamination assessments, utility coordination and undergrounding design, and additional hydrology and hydraulics and environmental surveys. There was additional discussion from Council and Dr. Samimy regarding tightening up the proposed schedule and modeling by potential damage to property and not so much by how much water is in the street. The resolution was approved by a 6- 1 voice vote. The vote was as follows: Councilmembers McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember London voting No. At this time Councilmember Vazquez virtually exited the meeting. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING AN AMENDED FLEET REPLACEMENT POLICY; REPEALING RESOLUTION NO. 2019-6; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Vice Mayor Caplan. There was discussion from Council and Chief Financial Officer Benjamin Nussbaum regarding the above resolution and possibly adding additional time to the Fleet Replacement Policy, analyzing the cost of ownership and resale value, and keeping detailed records on maintenance expenses. It was the consensus of Council for Councilmember London to work with CFO Nussbaum regarding amendments to the Fleet Replacement Policy. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers 8of 10

October 10, 20 23 London, McCormick, Moss, Sardinas, Vice Mayor Caplan, and Mayor Rasco voting Yes. At this time Mayor Rasco addressed the Council regarding the Village' s state lobbying contract. There was extensive discussion from Council and the Manager regarding a house appropriations request submitted by the Village' s state lobbyist. Councilmember McCormick made a motion to accept the lobbyist' s letter ofresignation received. The motion was seconded by Mayor Rasco. The Attorney addressed the Council on the voting requirements for a time sensitive item. Vice Mayor Caplan made a motion that the item is time sensitive. The motion was seconded by Councilmember Moss. There was discussion from Council regarding Councilmember McCormick' s motion. Councilmember London made a motion to defer a week in order to receive more information on the matter. The motion was seconded by Vice Mayor Caplan. It was the consensus of Council not to take action at this time and to hold a Special Council Meeting on Friday, October 20, 2023 at 9:30 a.m. At this time Mayor Rasco addressed the Council regarding code enforcement issues for swales. There was discussion from Council and Director Calleros Gauger regarding construction site debris, parking in the street, swales, and grass replacement. Director Calleros Gauger will report back to Council on any new code enforcement requirements needed for swales at a future date to be determined. At this time Mayor Rasco addressed the Council regarding holding more Council meetings more often regarding stormwater. Mayor Rasco will work with the Manager and the Clerk on setting additional Council meeting dates. 11. PUBLIC COMMENTS: Public comments were addressed earlier in the evening. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Manager addressed the Council reporting the Capital Improvement Plan update is included in the agenda. The Manager also reported on the following future meetings and events to be held: a Scoot Safe Community Meeting tomorrow evening at the KB Community Center, a reception for the Community Groups and Events on October 12th; an RIAP Workshop on October 26th, a Crandon Boulevard Safety Community Meeting on October 291'\ a Building Safety Community Meeting with State Representative Vicki Lopez and Miami- Dade County Commissioner Raquel Regalado on November l ", and another RIAP Community Meeting on 9of JO

October 10, 2023 November 7th, 2023. Councilmember Moss addressed the Council regarding safety concerns for electric bikes and scooters. Chief Sousa addressed the Council regarding increased police enforcement and outreach. There was discussion from Council, Chief Sousa, and the Attorney regarding enforcement, decreased traffic to Mast Academy, liability insurance, and a Village- wide effort on compliance. Mayor and Councilmembers: These items were addressed earlier in the evening. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. 13. OTHER BUSINESS/ GENERAL DISCUSSION: There was no further business discussed. 14. SCHEDULE OF FUTURE MEETINGS/ EVENTS: A schedule of future meetings and events was presented to the Council. 15. Respectfully submitted: Sib .1£ rr1=2 \( oe- 1----._ Village Clerk ay of _ ____,;;;D;;..;e~c=e=n=1b""'e"'-r . 2023: Joe I. Rasco Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 10 of 10

Village Council Joe I. Rasco, Mayor Franklin H. Caplan, Vice Mayor Edward London Allison McCormick Brett G. Moss Oscar Sardinas Fernando A. Vazquez 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. BRIEF COMMENTS BY COUNCIL 5. PUBLIC COMMENTS: 6. AGENDA: 7. SPECIAL PRESENTATIONS: 7.A. A PRESENTATION OF EVENTS FOR THE E.F. CONCOURS DE L'ELEGANCE WEEK (PREVIOUSLY KNOWN AS KEY BISCAYNE CAR WEEK) BY SALE STOJANOVIC (VILLAGE MANAGER) REGULAR COUNCIL MEETING TUESDAY, OCTOBER 10, 2023 6:30 PM FATHER JUAN CARLOS PAGUAGA SAINT AGNES CATHOLIC CHURCH If you would like to speak during public comments, please fill out a blue request form available at the Council Chamber entrance and submit it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium and state your name and address. (If applicable, please state if you are a hired consultant or Village employee and/or engaged in lobbying activities and/or representing an organization.) Unless otherwise provided by Council, members of the public will have three (3) minutes to speak. APPROVAL/DEFERRALS/ADDITIONS/DELETIONS/SUBSTITUTIONS/WITHDRAWALS October 10, 2023 www.keybiscayne.fl.gov 1 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

7.B. PRESENTATION OF A PROCLAMATION RECOGNIZING NATIONAL E-WASTE DAY (MAYOR RASCO) 8. CONSENT AGENDA: 8.A. AUGUST 29, 2023 MINUTES (REGULAR COUNCIL MEETING) 8.B. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) RESILIENT FLORIDA GRANT IN AN AMOUNT OF $885,626 TO COMPLETE THE 30-100% DESIGN OF THE ZONE 1 K8 STORMWATER BASIN RESILIENT INFRASTRUCTURE IMPROVEMENTS PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CIP AND GRANTS MANAGER COLLEEN BLANK) 8.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPLY FOR A MATCHING HAZARD MITIGATION ASSISTANCE GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO OBTAIN FUNDING FOR A STORMWATER PUMP STATION AT HARBOR PARK; AND PROVIDING FOR AN EFFECTIVE DATE.(CIP AND GRANTS MANAGER COLLEEN BLANK) 8.D. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY TAB 1 (Consent agenda items are those which are routine, do not require discussion or explanation prior to Village Council action, or have already been discussed and/or explained and do not require further discussion or explanation. Items can be removed from the consent agenda by the request on an individual Councilmember for independent consideration provided such request is made during the approval/deferrals/additions/deletions/substitutions/withdrawals segment of the meeting, prior to the vote on the consent agenda.) TAB 2 RECOMMENDATION: APPROVAL TAB 3 RECOMMENDATION: APPROVAL TAB 4 October 10, 2023 www.keybiscayne.fl.gov 2 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

BISCAYNE, FLORIDA, ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) MATCHING HAZARD MITIGATION GRANT IN AN AMOUNT OF $358,150 TO COMPLETE PHASE 1 OF THE GARDENS DISTRICT DRAINAGE IMPROVEMENTS PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CIP AND GRANTS MANAGER COLLEEN BLANK) 8.E. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ACCEPTING A STORMWATER DRAINAGE EASEMENT AGREEMENT WITH NICOLAS MOLINA RELATING TO THE PROPERTY LOCATED AT 425 WEST MASHTA DRIVE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING, AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 9. ORDINANCES: (NOT LATER THAN 7:30 P.M.) 9.A. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE VIII OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES ESTABLISHING SUPPLEMENTAL OPEN MEETING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(COUNCILMEMBER MCCORMICK) SECOND READING PUBLIC HEARING 9.B. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) SECOND READING RECOMMENDATION: APPROVAL TAB 5 RECOMMENDATION: APPROVAL TAB 6 RECOMMENDATION: APPROVAL TAB 7 October 10, 2023 www.keybiscayne.fl.gov 3 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

PUBLIC HEARING 9.C. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-4 "ZONING AND PLANNING APPLICATION FEES," RELATING TO COST RECOVERY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) FIRST READING 9.D. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-73 "SITE PLAN REVIEW PROCEDURES" RELATING TO VOTING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) FIRST READING 10. RESOLUTIONS: 10.A. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF PROTECTIVE BALLISTIC VESTS FROM FEDERAL EASTERN INTERNATIONAL, LLC IN AN AMOUNT NOT TO EXCEED $73,268.64; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANK SOUSA) RECOMMENDATION: APPROVAL TAB 8 RECOMMENDATION: APPROVAL TAB 9 RECOMMENDATION: APPROVAL TAB 10 October 10, 2023 www.keybiscayne.fl.gov 4 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

10.B. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF FOUR POLICE VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. D/B/A ALAN JAY FLEET SALES IN AN AMOUNT NOT TO EXCEED $235,000; PROVIDING FOR AUTHORIZATION; PROVIDING FOR THE IDENTIFICATION AND SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANK SOUSA) 10.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING DEX IMAGING, LLC, FOR COPIER MACHINE RENTAL AND MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $98,525.07 FOR A 63-MONTH TERM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANK SOUSA) 10.D. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO AECOM TECHNICAL SERVICES, INC. FOR PRE-DESIGN SERVICES RELATING TO THE K-8 SCHOOL STORMWATER DRAINAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $926,923.60; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) 10.E. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST FOR THE MODIFICATION OF A NONCONFORMING DOCK TO PERMIT THE DOCK WIDTH TO BE EXPANDED FROM APPROXIMATELY 4 FEET TO 5 FEET IN RECOMMENDATION: APPROVAL TAB 11 RECOMMENDATION: APPROVAL TAB 12 RECOMMENDATION: APPROVAL TAB 13 RECOMMENDATION: APPROVAL TAB 14 October 10, 2023 www.keybiscayne.fl.gov 5 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

WIDTH ON PROPERTY LOCATED AT 740 HARBOR DRIVE; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.(BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 10.F. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING AN AMENDED FLEET REPLACEMENT POLICY; REPEALING RESOLUTION NO. 2019-6; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF FINANCIAL OFFICER BENJAMIN NUSSBAUM) 11. PUBLIC COMMENTS: (AT APPROXIMATELY 8:00 P.M.) 12. REPORTS AND RECOMMENDATIONS: RECOMMENDATION: APPROVAL TAB 15 RECOMMENDATION: APPROVAL TAB 16 If you would like to speak during public comments, please fill out a blue request form available at the Council Chamber entrance and submit it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium and state your name and address. (If applicable, please state if you are a hired consultant or Village employee and/or engaged in lobbying activities and/or representing an organization.) Unless otherwise provided by Council, members of the public will have three (3) minutes to speak. A. VILLAGE MANAGER: (NOT LATER THAN 8:00 P.M.) MANAGER'S REPORT TAB 17 1.) SAFE AND SECURE VILLAGE A. COMMUNITY POLICING UPDATE (CHIEF OF POLICE FRANK SOUSA) 2.) THRIVING AND VIBRANT LOCAL COMMUNITY AND MARKETPLACE A. RICKENBACKER CAUSEWAY UPDATE (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) October 10, 2023 www.keybiscayne.fl.gov 6 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

13. OTHER BUSINESS/GENERAL DISCUSSION 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: 15. ADJOURNMENT 3.) ENGAGING AND ACTIVE PUBLIC SPACES AND PROGRAMS 4.) ACCESSIBLE, CONNECTED AND MOBILE VILLAGE-WIDE TRANSPORTATION A. TRAFFIC SOLUTIONS (PUBLIC WORKS DIRECTOR CAIRO CANGAS) 5.) RESILIENT AND SUSTAINABLE ENVIRONMENT AND INFRASTRUCTURE 6.) EFFECTIVE AND EFFICIENT GOVERNMENT SERVICES A. CAPITAL IMPROVEMENT PROGRAM UPDATE (CIP AND GRANTS MANAGER COLLEEN BLANK) HTTPS://VILLAGE-KEY-BISCAYNE-FL-PROJECTS.CLEARGOV.COM/ B. MAYOR AND COUNCILMEMBERS 1. DISCUSSION OF CODE ENFORCEMENT ISSUES IN OUR SWALES (MAYOR RASCO) 2. DISCUSSION ON STORMWATER + RIAP MEETING SCHEDULE (MAYOR RASCO) C. VILLAGE ATTORNEY NONE D. VILLAGE CLERK NONE NONE REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 14, 2023, 6:30 P.M., COUNCIL CHAMBER REGULAR COUNCIL MEETING TUESDAY, DECEMBER 12, 2023, 6:30 P.M., COUNCIL CHAMBER I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. October 10, 2023 www.keybiscayne.fl.gov 7 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.S.286.0105). IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2- 11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK’S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE. October 10, 2023 www.keybiscayne.fl.gov 8 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

Village Council Joe I. Rasco, Mayor Franklin H. Caplan, Vice Mayor Edward London Allison McCormick Brett G. Moss Oscar Sardinas Fernando A. Vazquez 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. BRIEF COMMENTS BY COUNCIL 5. PUBLIC COMMENTS: 6. AGENDA: 7. SPECIAL PRESENTATIONS: 7.A. A PRESENTATION OF EVENTS FOR THE E.F. CONCOURS DE L'ELEGANCE WEEK (PREVIOUSLY KNOWN AS KEY BISCAYNE CAR WEEK) BY SALE STOJANOVIC (VILLAGE MANAGER) REGULAR COUNCIL MEETING TUESDAY, OCTOBER 10, 2023 6:30 PM FATHER JUAN CARLOS PAGUAGA SAINT AGNES CATHOLIC CHURCH If you would like to speak during public comments, please fill out a blue request form available at the Council Chamber entrance and submit it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium and state your name and address. (If applicable, please state if you are a hired consultant or Village employee and/or engaged in lobbying activities and/or representing an organization.) Unless otherwise provided by Council, members of the public will have three (3) minutes to speak. APPROVAL/DEFERRALS/ADDITIONS/DELETIONS/SUBSTITUTIONS/WITHDRAWALS October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 1

7.B. PRESENTATION OF A PROCLAMATION RECOGNIZING NATIONAL E-WASTE DAY (MAYOR RASCO) 8. CONSENT AGENDA: 8.A. AUGUST 29, 2023 MINUTES (REGULAR COUNCIL MEETING) 8.B. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) RESILIENT FLORIDA GRANT IN AN AMOUNT OF $885,626 TO COMPLETE THE 30-100% DESIGN OF THE ZONE 1 K8 STORMWATER BASIN RESILIENT INFRASTRUCTURE IMPROVEMENTS PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CIP AND GRANTS MANAGER COLLEEN BLANK) 8.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPLY FOR A MATCHING HAZARD MITIGATION ASSISTANCE GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO OBTAIN FUNDING FOR A STORMWATER PUMP STATION AT HARBOR PARK; AND PROVIDING FOR AN EFFECTIVE DATE.(CIP AND GRANTS MANAGER COLLEEN BLANK) 8.D. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY TAB 1 (Consent agenda items are those which are routine, do not require discussion or explanation prior to Village Council action, or have already been discussed and/or explained and do not require further discussion or explanation. Items can be removed from the consent agenda by the request on an individual Councilmember for independent consideration provided such request is made during the approval/deferrals/additions/deletions/substitutions/withdrawals segment of the meeting, prior to the vote on the consent agenda.) TAB 2 RECOMMENDATION: APPROVAL TAB 3 RECOMMENDATION: APPROVAL TAB 4 October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 2

BISCAYNE, FLORIDA, ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) MATCHING HAZARD MITIGATION GRANT IN AN AMOUNT OF $358,150 TO COMPLETE PHASE 1 OF THE GARDENS DISTRICT DRAINAGE IMPROVEMENTS PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CIP AND GRANTS MANAGER COLLEEN BLANK) 8.E. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ACCEPTING A STORMWATER DRAINAGE EASEMENT AGREEMENT WITH NICOLAS MOLINA RELATING TO THE PROPERTY LOCATED AT 425 WEST MASHTA DRIVE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING, AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 9. ORDINANCES: (NOT LATER THAN 7:30 P.M.) 9.A. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE VIII OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES ESTABLISHING SUPPLEMENTAL OPEN MEETING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(COUNCILMEMBER MCCORMICK) SECOND READING PUBLIC HEARING 9.B. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) SECOND READING RECOMMENDATION: APPROVAL TAB 5 RECOMMENDATION: APPROVAL TAB 6 RECOMMENDATION: APPROVAL TAB 7 October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 3

PUBLIC HEARING 9.C. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-4 "ZONING AND PLANNING APPLICATION FEES," RELATING TO COST RECOVERY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) FIRST READING 9.D. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-73 "SITE PLAN REVIEW PROCEDURES" RELATING TO VOTING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) FIRST READING 10. RESOLUTIONS: 10.A. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF PROTECTIVE BALLISTIC VESTS FROM FEDERAL EASTERN INTERNATIONAL, LLC IN AN AMOUNT NOT TO EXCEED $73,268.64; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANK SOUSA) RECOMMENDATION: APPROVAL TAB 8 RECOMMENDATION: APPROVAL TAB 9 RECOMMENDATION: APPROVAL TAB 10 October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 4

10.B. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF FOUR POLICE VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. D/B/A ALAN JAY FLEET SALES IN AN AMOUNT NOT TO EXCEED $235,000; PROVIDING FOR AUTHORIZATION; PROVIDING FOR THE IDENTIFICATION AND SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANK SOUSA) 10.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING DEX IMAGING, LLC, FOR COPIER MACHINE RENTAL AND MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $98,525.07 FOR A 63-MONTH TERM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANK SOUSA) 10.D. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO AECOM TECHNICAL SERVICES, INC. FOR PRE-DESIGN SERVICES RELATING TO THE K-8 SCHOOL STORMWATER DRAINAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $926,923.60; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) 10.E. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST FOR THE MODIFICATION OF A NONCONFORMING DOCK TO PERMIT THE DOCK WIDTH TO BE EXPANDED FROM APPROXIMATELY 4 FEET TO 5 FEET IN RECOMMENDATION: APPROVAL TAB 11 RECOMMENDATION: APPROVAL TAB 12 RECOMMENDATION: APPROVAL TAB 13 RECOMMENDATION: APPROVAL TAB 14 October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 5

WIDTH ON PROPERTY LOCATED AT 740 HARBOR DRIVE; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.(BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 10.F. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING AN AMENDED FLEET REPLACEMENT POLICY; REPEALING RESOLUTION NO. 2019-6; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF FINANCIAL OFFICER BENJAMIN NUSSBAUM) 11. PUBLIC COMMENTS: (AT APPROXIMATELY 8:00 P.M.) 12. REPORTS AND RECOMMENDATIONS: RECOMMENDATION: APPROVAL TAB 15 RECOMMENDATION: APPROVAL TAB 16 If you would like to speak during public comments, please fill out a blue request form available at the Council Chamber entrance and submit it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium and state your name and address. (If applicable, please state if you are a hired consultant or Village employee and/or engaged in lobbying activities and/or representing an organization.) Unless otherwise provided by Council, members of the public will have three (3) minutes to speak. A. VILLAGE MANAGER: (NOT LATER THAN 8:00 P.M.) MANAGER'S REPORT TAB 17 1.) SAFE AND SECURE VILLAGE A. COMMUNITY POLICING UPDATE (CHIEF OF POLICE FRANK SOUSA) 2.) THRIVING AND VIBRANT LOCAL COMMUNITY AND MARKETPLACE A. RICKENBACKER CAUSEWAY UPDATE (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 6

13. OTHER BUSINESS/GENERAL DISCUSSION 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: 15. ADJOURNMENT 3.) ENGAGING AND ACTIVE PUBLIC SPACES AND PROGRAMS 4.) ACCESSIBLE, CONNECTED AND MOBILE VILLAGE-WIDE TRANSPORTATION A. TRAFFIC SOLUTIONS (PUBLIC WORKS DIRECTOR CAIRO CANGAS) 5.) RESILIENT AND SUSTAINABLE ENVIRONMENT AND INFRASTRUCTURE 6.) EFFECTIVE AND EFFICIENT GOVERNMENT SERVICES A. CAPITAL IMPROVEMENT PROGRAM UPDATE (CIP AND GRANTS MANAGER COLLEEN BLANK) HTTPS://VILLAGE-KEY-BISCAYNE-FL-PROJECTS.CLEARGOV.COM/ B. MAYOR AND COUNCILMEMBERS 1. DISCUSSION OF CODE ENFORCEMENT ISSUES IN OUR SWALES (MAYOR RASCO) 2. DISCUSSION ON STORMWATER + RIAP MEETING SCHEDULE (MAYOR RASCO) C. VILLAGE ATTORNEY NONE D. VILLAGE CLERK NONE NONE REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 14, 2023, 6:30 P.M., COUNCIL CHAMBER REGULAR COUNCIL MEETING TUESDAY, DECEMBER 12, 2023, 6:30 P.M., COUNCIL CHAMBER I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 7

II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.S.286.0105). IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2- 11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK’S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE. October 10, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 8

OFFICE OF THE MAYOR I WHEREAS, the Village of Key Biscayne recognizes the importance of protecting and preserving our natural resources and work to make the world a better place by adopting conscientious living habits that will improve our daily lives and bring about a cleaner, safer, and healthier environment; and WHEREAS, the Village has undertaken many positive and successful waste reduction programs that have helped make Key Biscayne one of Florida's recycling leaders, however, we can further reduce electronic waste ( e-waste) and recycle even more electronics; and WHEREAS, although there has been a significant increase in the amount of recycling in the Village today, we must continue to focus on other electronic waste initiatives such as electronic waste reduction, electronic waste collection events, electronic waste educational materials for our community, the reuse of electronic products and materials, and purchasing recycled or post-consumer electronic products and packaging; and WHEREAS, by encouraging businesses, State agencies, nonprofit organizations, schools and individuals to celebrate the Village of Key Biscayne E-Waste Day, we can further promote electronic recycling as an environmentally efficient and, economically smart way of life; and WHEREAS, local community leaders can help encourage recycling by informing citizens about the importance of buying recycled electronic products; they can also help foster greater awareness of the need to expand collection programs for recyclable goods and materials by promoting the benefits of recycling investments for businesses; and WHEREAS, it is important that all Village residents become involved in E-Waste recycling activities and learn more about the many recycled products and packaging available to them as consumers; it is also fitting for the Village of Key Biscayne to celebrate National E-Waste Day to help ensure a safe and healthy environment and an improved quality of life for present and future generations. NOW, THEREFORE BE IT RESOLVED, THAT I, JOE I. RASCO, MAYOR OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DO HEREBY DECLARE OCTOBER 14TH AS E-WASTE DAY IN KEY BISCAYNE AND ENCOURAGE THE RESIDENTS TO RECYCLE AND PROTECT THE ENVIRONMENT. IN WITNESS WHEREOF, I HA VE HEREUNTO SET MY HAND AND OFFICIAL SEAL OF THE VILLAGE OF KEY BISCAYNE THIS !Orn DAY OF OCTOBER 2023. =~ :', __ f'. CREATED & DESIGNED BY ISLAND RESIDENTS: CONCHITA ALVAREZ. JAMES BREWSTER & GEORGE EARL JR,:_ 9

MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 29, 2023 COUNCIL CHAMBER 560 CRANDON BOULEY ARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:34 p.m. Present were Councilmembers Edward London, Allison McCormick (arrived at 6:36 p.m.), Brett G. Moss, Oscar Sardinas, Fernando A. Vazquez, Vice Mayor Franklin H. Caplan, and Mayor Joe I. Rasco. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch, and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: Councilmember Vazquez led the Pledge of Allegiance. 3. INVOCATION: Rabbi Avremel Caroline with Chabad of Key Biscayne gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the Council and public with concern for the safety and welfare of the residents in Northern Florida regarding Hurricane Idalia. Councilmembers McCormick and Sardinas addressed the public clarifying that a survey which went out recently was not issued by the Village. 5. PUBLIC COMMENTS: The following residents addressed the Council: Gerard Lysol, 310 Ridgewood Road; Carlos de la Cruz, 5 Harbor Point; Mayra Pena Lindsay, 365 Westwood Drive; Jorge Castillo, 200 Galen Drive; Ignacio Segurola; 881 Ocean Drive, and Luis Casamayor, 609 Ocean Drive. 6. AGENDA: Councilmember Moss requested the addition of a discussion regarding Zoning Districts as Item 12B5; Councilmember McCormick requested a discussion regarding Water Quality Notification as Item 12B6; Mayor Rasco requested that Item l0C be moved to the consent agenda; the Manager requested the deferral ofltem 7 A, and the Attorney requested the deferral of Item l0A to a date certain of September 15, 2023 at 9:00 a.m. in the Council Chamber. Mayor Rasco made a motion to approve the agenda, as amended. The motion was seconded by 1 of9 10

Vice Mayor Caplan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 7. SPECIAL PRESENTATIONS: Mayor Rasco announced that a Centenarian Celebration will be held for residents who have reached the age of 100 years old starting in September 2023. A Proclamation regarding National Diaper Need Awareness Week was recognized by Mayor Rasco. Mayor Rasco presented a Proclamation in recognition to the Key Biscayne Historical and Heritage Society for their funding support of the Key Biscayne Fire Rescue Department's Antique Fire Fire Engine and a Proclamation recognizing the contributions of the late Robert "Bob" Bristol to the Fire Rescue Department. There was discussion from Council, Fire Rescue Chief Eric Lang, and residents regarding the two above proclamations. At this time Fire Rescue Chief Lang addressed the Council recognizing August 31st as Overdose Prevention Day and introduced Dr. Wendy Stephan, epidemiologist, with the Florida Poison Control Center who then gave a presentation. There was discussion from Council and Dr. Stephan regarding the above presentation. At this time a presentation was given by Village lobbyist Jim Davenport with Thorn Run Partners on FY23 legislative updates. There was discussion from Council, Mr. Davenport, and the Manager regarding the above presentation. 8. CONSENT AGENDA: Vice Mayor Caplan made a motion to approve the following consent agenda, as amended. The motion was seconded by Councilmember McCormick and approved by a 7-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The minutes of the June 6, 2023 Regular Council Meeting. The minutes of the July 18, 2023 Regular Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE KEY BISCAYNE PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 3638; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, TERMINATING THE DECLARATION OF A STATE OF EMERGENCY DUE TO THE NOVEL CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC; 2 of9 11

PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO THE REESTABLISHMENT AND DISTRIBUTION OF THE SIX-CENT LOCAL OPTION GAS TAX; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION GRANT IN AN AMOUNT OF $171,710.86 TO INSTALL TWO BACK-UP GENERATORS FOR STORMWATER PUMP STATIONS LOCATED AT OCEAN LANE DRIVE AND EAST HEATHER DRIVE AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) STATE APPROPRIATION GRANT IN AN AMOUNT OF $450,000.00 RELATING TO THE IMMEDIATE FLOOD CONTROL AND MITIGATION PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FORAN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONFIRMING THE VILLAGE'S ABILITY TO FUND AND SUPPORT THE PERMITTING, DESIGN, CONSTRUCTION, AND MONITORING OF THE VILLAGE'S BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES: The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE VIII OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES ESTABLISHING SUPPLEMENTAL OPEN MEETING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the ordinance. The motion was seconded by Councilmember McCormick. Councilmember McCormick addressed the Council regarding the above ordinance. There was discussion from Council and the Attorney regarding the above ordinance. It was the consensus of Council to add clarifying language regarding Section 7.08 of the Village Charter requiring courtesy electronic public notice. 3 of9 12

The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was approved on first reading by a 7-0 roll call vote, as amended. The vote was as follows: Councilmembers London, McCormick, Moss Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REVISING THE SCHEDULE OF FEES FOR USE OF THE VILLAGE'S COMMUNITY CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember London. Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council regarding the above resolution. There was discussion from Council and Director Hofferberth regarding the above resolution. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: ARESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM GRANT IN AN AMOUNT OF $166,679 TO EXPAND THE VILLAGE'S ON-DEMAND TRANSIT SERVICE AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FORAN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. Mayor Rasco requested that Items 1 OD and 1 OE be heard at the same time. There was no objection to the request. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BEEFREE, LLC D/B/A FREEBEE 4 of9 13

TO PROVIDE THREE (3) ADDITIONAL ON-DEMAND TRANSIT VEHICLES IN AN AMOUNT NOT TO EXCEED $304,623 ANNUALLY; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Moss. Chief Resilience and Sustainability Officer Dr. Roland Samimy regarding the above resolutions and grant applications. There was discussion from Council, Dr. Samimy, and the Manager regarding the above resolutions, increasing ridership, and reducing wait times. The Manager reported a status update on FreeBee ridership will be given in approximately six months. The Attorney addressed t