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HomeMy Public PortalAbout2006 AllRESOLUTION NO 2006-1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING AN ELECTION TO PRESENT TO THE ELECTORS OF THE VILLAGE, THE PROPOSED CHARTER AMENDMENTS CONCERNING THE TERM OF OFFICE OF COUNCIL MEMBERS AND THE ELIMINATION OF PRIMARY ELECTIONS FOR COUNCIL MEMBERS, AS AUTHORIZED BY CHARTER AMENDMENT ENABLING ORDINANCES NO 2005-04 AND NO 2005-11 OF THE VILLAGE, PROVIDING FOR SPECIAL ELECTION ON THE CHARTER AMENDMENTS TO BE HELD ON TUESDAY, THE 11TH DAY OF APRIL, 2006, BY MAIL BALLOT PROCEDURE, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Ordinance No 2005-04 and Ordinance No 2005-11, the Village Council has authonzed two (2) proposed Charter Amendments to be submitted to the electors of the Village, and WHEREAS, pursuant to Section 4(a) and 8 of each of the above-descnbed Ordinances, the Village Council hereby determines to hold the Village Charter Amendment election as a special election on Tuesday, the 11th day of Apnl, 2006, by mail ballot procedure as provided by law NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals are hereby adopted and confirmed Section 2. Election Called. That a special election is hereby called for Tuesday, the 11th day of Apnl, 2006, to present to the electors of the Village of Key Biscayne (the "Village") each of the Charter Amendment ballot measures provided in Ordinance No 2005-04 and Ordinance No 2005-11 The Notices of Election for each Charter Amendment shall be combined into one form of Notice of Election and shall be conformed to the mail ballot procedure by the Village Clerk and Village Attorney Section 3 Voting Procedure That mail ballots, as prescnbed by Sections 101 6101- 101 6107, Flonda Statutes, shall be used in this special election Section 4. Implementation. That the Village Clerk is hereby authonzed to take any action which is necessary to implement this Resolution and the Charter Amendment enabling Ordinances referenced above, and to utilize all necessary election administration services which are provided by the Miami -Dade County Supervisor of Elections Further, the Miami -Dade County Supervisor of Elections is accordingly authonzed and requested to take any action which is necessary to implement the purposes of this Resolution and of the Charter Amendment enabling Ordinances referenced above in carrying out the election Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of January, 2006 hi ‘LIA, (4 t -----.- MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO • RM AND LEGAL SUFFICIEI\ VILLAGE A ORN F \100\103001\resolutions\E ection by Mail Ballot 9 7 05 2 RESOLUTION NO 2006-2 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND KLAUSNER AND KAUFMAN, ATTORNEYS AT LAW, CONCERNING PENSION ADVISORY SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Klausner and Kaufman, Attorneys at Law, concerning the provision of specialized advice to the Village on matters relating to the Village's Police and Fire Retirement System, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation. That the Village Manager and Village Attorney are hereby authonzed to take any necessary action to implement the Agreement and this Resolution Section 4. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of January , 2006 CitetfA, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE AT 3 RNE 103 001/Resolutions/Professonal Services Agreement with Klausner and Kaufman 12 21 05 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 14th day of November, 2005, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and KLAUSNER AND KAUFMAN, ATTORNEYS AT LAW, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of advising the VILLAGE on matters relating to the VILLAGE's police and fire retirement system, as specifically descnbed below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The CONSULTANT shall work with the office of the Village Attorney so as to coordinate the provision of retirement system advice to the Village Manager and to the Village Council, as requested Further, it is understood by CONSULTANT that CONSULTANT is to provide advice to the VILLAGE and not to the Retirement Board, since the Retirement Board has its own independent legal counsel 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the Specified Services which are provided by CONSULTANT, in accordance with the legal fee schedule of $285 00 per hour, plus reasonable and necessary costs as approved by the Village Manager Fees and costs shall be invoiced each month by CONSULTANT Billing statements shall reflect line item billing in tenths of hours 3 TERM The duration of the term of this Agreement shall commence on November 14, 2005 and shall be of an indefinite duration 4 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for Village hereunder 9 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services 10 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village With a copy to Consultant Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastonza Cole & Boniske, P A 2665 South Bayshore Drive, Suite 420 Miami, Flonda 33133 Klausner and Kaufman, Attorneys at Law 10059 Northwest 1st Court Plantation, Flonda 33324 11 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida 4 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT KLAUSNER AND KAUFMAN Attorneys at L 10059 No west st Co Plantati VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 By, _ .; By 121-d/AP Village Clerk Approved as to Form and Legal Sufficien Village Attorney '(' •-•-.7 Jacq : eline Menend llage Manager F /103 001/Agreements/Agreement for Professional Services with Klausner and Kaufman 12 21 05 5 RESOLUTION NO 2006-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND JORGE MORA CONCERNING VIDEOGRAPHY SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Jorge Mora (the "Consultant") concerning the provision of specialized videography services to the Village, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3 Implementation That the Village Manager and Village Attorney are hereby authorized to take any necessary action to implement the Agreement and this Resolution Section 4 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of January , 2006 Alc (ttA A L_____ MAYOR ROBERT OLDAKOWSKI 677,:41,701-06, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS • FORM AND LEGAL SUFFICIE VILLAGE • TT 103 001/Resolutions/Professonal Services Agreement with Jorge Mora 12 30 05 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 10th day of January, 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and JORGE MORA, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of all videography services required by the VILLAGE as specifically described below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The Specified Services to be provided by CONSULTANT shall include, but not be limited to, the following 1 Filming of all meetings of the Village Council, 2 Filming of all special events or public service messages, as requested by the Village Manager, 3 Provision of videography services at Village government functions, as requested by the Village Manager, 4 Provision of videography services for training of Village employees, as requested by the Village Manager, 5 Provision of any necessary services to provide for the broadcast of Village Council meetings and Village functions and special events, as requested by the Village Manager, 6 Preparation and handling of copies of video cassettes and/or video discs in accordance with the requirements of the Village Manager, 7 Provide assistance to the Village Clerk in complying with any public records requests concerning copies of videographic materials which constitute public records, 8 Any and all videography related services which are necessary to effectuate the purposes of this Agreement, as determined and requested by the Village Manager C CONSULTANT may utilize VILLAGE's video equipment for the purposes of providing the Specified Services 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the performance of the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule of Thirty Five ($35 00) Dollars per hour, plus reasonable and 2 necessary costs as approved by the Village Manager Fees and costs shall be invoiced each month by CONSULTANT Billing statements shall also reflect a detailed record of time expended by CONSULTANT in providing the Specified Services The total fees payable during the Agreement term shall not exceed an aggregate amount of Fifty Thousand ($50,000 00) Dollars 3 TERM The duration of the term of this Agreement shall commence on January 10, 2006 and shall terminate on September 30, 2006, unless further extended by the mutual written consent of the CONSULTANT and Village Manager or earlier terminated pursuant to Section 6 4 ASSIGNMENT This Agreement involves skilled personal services and shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 RECORDS All original videotapes, discs, photographs, films or other documents and materials (the "Materials") that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE dunng the term of this Agreement, any and all such Materials shall be delivered to the VILLAGE by the CONSULTANT The VILLAGE shall have the exclusive right to utilize any of the Materials which are created or produced by CONSULTANT dunng the course of the provision of the Specified Services, for the VILLAGE's purposes as determined by the Village Manager 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express wntten consent of the parties The Village Manager shall act for Village hereunder 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services 11 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 5 With a copy to Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastonza Cole & Boniske, P A 2665 South Bayshore Dnve, Suite 420 Miami, Flo 3133 Consultant Jorge Mo 12 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Flonda IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT JORGE MORA By Att - , t Jor • :/ ora Village Clerk VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 cline Menen e Manager Approved as to Form and Legal Sufficiency Village Att . ey F /103 001/Agreements/Agreement for Professional Services with Jorge Mora 12 29 05 RESOLUTION NO 2006-4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND DUTKO WORLDWIDE CONCERNING FEDERAL LOBBYING SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Dutko Worldwide (the "Consultant") concerning the provision of specialized federal -level lobbying services to the Village, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager and Village Attorney are hereby authonzed to take any necessary action to implement the Agreement and this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 24th day of January, 2006 /7,o ate,a1 (,,,, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO • RM AND LEGAL SUFFI C' VILLAGE ATTORN ! Y 103 001/Resolutions/Professonal Services Agreement with Dutko Worldwide 1 3 06 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 24th day of January, 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and DUTKO WORLDWIDE, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of any necessary federal government lobbying services as required by the VILLAGE as specifically described below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The Specified Services to be provided by CONSULTANT shall include, but not be limited to, the following I Represent the interests of the VILLAGE at federal legislative, executive and administrative agencies and departments, including federal regulatory and legislative matters and in a comprehensive effort to secure funds for VILLAGE projects, programs and purposes 2 Any and all related services at the federal level which are necessary to effectuate the purposes of this Agreement, as determined and requested by the Village Manager, in accordance with policies and priorities established by the Village Council C CONSULTANT shall regularly provide status reports to the VILLAGE, as requested by the Village Manager 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the performance of the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule of Eight Thousand ($8,000 00) Dollars per month, for a total annual compensation of Ninety Six Thousand ($96,000 00) Dollars, plus reasonable and necessary costs as approved by the Village Manager Fees and costs shall be invoiced each month by CONSULTANT Billing statements shall also reflect a record of time expended by CONSULTANT in providing the Specified Services, for VILLAGE's information 3 TERM The duration of the term of this Agreement shall commence on January 10, 2006 and shall terminate on January 9, 2007, unless further extended by the mutual written consent of the CONSULTANT and Village Manager or earlier terminated pursuant to Section 6 The Village Manager shall be authorized to renew the Agreement on behalf of the VILLAGE for successive additional one year periods upon the same terms 4 ASSIGNMENT This Agreement involves skilled professional services and shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES, OTHER MATTERS A The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement B VILLAGE represents that (i) no commissions, fees, expenses or other amounts paid to CONSULTANT in connection with this Agreement shall be paid 3 from any federal or state appropriated funds, and (n) VILLAGE shall, with assistance from CONSULTANT, timely complete and submit required lobbying registration forms and reports 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 RECORDS All original reports, documents and materials (the "Materials") that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such Materials shall be delivered to the VILLAGE by the CONSULTANT 4 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for Village hereunder 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services and will timely file all required reports 11 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to Consultant Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastonza Cole & Boniske, P A 2665 South Bayshore Dnve, Suite 420 Miami, Flonda 33133 Dutko Worldwide 2151 LeJeune Road Coral Gables, Flonda 33134 Attention Javier Soto 12 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Flonda IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT DUTKO WORLDWIDE 2151 LeJeune Road Coral Gables, FL 33 VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 By t Jac -1 eline Me ..e Manag a, - -, ze ez, jai?, Village Clerk 6 Approved as to Form and Legal Sufficiency Village Attorne F /103 001/Agreements/Agreement for Professional Services with Dutko Worldwide 1 3 06 RESOLUTION NO 2006-5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, JACQUELINE R MENENDEZ, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council finds that the approval of the attached Village of Key Biscayne Employment Agreement with the Village Manager, Jacqueline R Menendez (the "Agreement") is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Recitals That the above -stated recital is hereby confirmed and adopted Section 2 Agreement Approved That the Agreement, in substantially the form attached hereto, is hereby approved and the Mayor is authorized to execute such Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Effective Date This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 21st day of February, 2006 ctize.at MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TQ FORM AND LEGAL SUFFICIEN VILLAGE ATTO EY F /328 001/Resolutions/Approving Employment Agreement of Village Manager 1 17 06 EMPLOYMENT AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of the 1st day of May, 2006, between the Village of Key Biscayne (the "Village") and Jacqueline R Menendez (the "Employee"), pursuant to the following terms and conditions BACKGROUND The Village wants to continue to employ the services of Jacqueline R Menendez as Village Manager and the Employee wishes to accept continued employment as the Village Manager under the terms and conditions set forth in this Agreement The Village and Employee desire to provide for certain procedures and requirements regarding the employment of Employee by the Village NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Village and Employee agree to the following SECTION 1 DUTIES Village agrees to employ Jacqueline R Menendez as Village Manager to perform the duties and exercise the powers as prescnbed by state law, the Village Charter and the Village Code, and to perform such other legally permissible and proper duties and functions as assigned by the Village Council from time to time SECTION 2 TERM 2 1 This Agreement shall have a term of three (3) years commencing May 1, 2006 and ending on Apnl 30, 2009, unless earlier terminated as provided in this Agreement 2 2 Village shall have the option to renew this Agreement for two additional one (1) year terms 2 3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Village Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this Agreement SECTION 3 TERMINATION BY VILLAGE AND SEVERANCE PAY 3 1 In the event Employee is terminated by the Village Council dunng the first two (2) years of the term of this Agreement at a time that Employee is willing and able to perform her duties under this Agreement, the Village agrees to pay Employee a lump sum cash payment equal to six (6) months aggregate salary ("Severance Pay") However, the Severance Pay shall be a lump sum cash payment equal to 1 only three (3) months aggregate salary if such termination occurs dunng the third year of the term In either such event, the Employee shall also receive payment for any and all accrued vacation, sick leave and floating holiday time in accordance with the Village's policies governing other non -police or fire employees of the Village ("Administrative Employees") Severance Pay shall be paid within fifteen (15) working days of termination The Village shall continue to provide medical coverage for Employee for three (3) months following the date of such termination, in the same manner and in the same amount as Employee is receiving at the time of termination After the payment descnbed above is made, the Village shall have no further financial obligation to Employee 3 2 In the event Employee is terminated because of conduct unbecoming a public official, including but not limited to cnminal conduct, the Village shall have no obligation to pay the Severance Pay designated in Paragraph 3 1 above If employee's employment is terminated pursuant to this subsection, the Village shall pay to Employee only accrued vacation, sick leave and floating holiday time due to the Employee as of the date of termination After the payment descnbed in the immediately preceding sentence, the Village shall have no further financial obligation to Employee pursuant to this Agreement SECTION 4 TERMINATION BY EMPLOYEE In the event that Employee voluntanly resigns her position dunng the term of this Agreement, Employee shall give the Village at least sixty (60) days written notice pnor to the effective date of such resignation Employee shall not be entitled to receive any benefits or payments pursuant to Section 3, however, Employee shall be entitled to accrued vacation, sick leave and floating holiday time as of the date of resignation SECTION 5 COMPENSATION 5 1 The initial annual salary of Employee shall be One Hundred Seventy Eight Thousand Five Hundred Nine Dollars ($178,509 00), which shall be payable in installments at the same time as other employees of the Village are paid 5 2 The Village Council agrees to evaluate the performance of the Employee to determine any adjustment in annual salary and/or benefits at least once annually, pursuant to the terms of Section 6 of this Agreement Any additional adjustment in said annual salary and/or benefits shall be based upon the result of the performance evaluation SECTION 6 PERFORMANCE EVALUATION 6 1 The Village Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget Said review and evaluation shall be in accordance with specific cntena developed jointly by the Village and the Employee Said cntena may be added to or deleted 2 from as the Village Council may from time to time determine, in consultation with the Employee 6 2 Pnor to the beginning of each fiscal year, the Village Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the Village and in attainment of the Village Council's policy objectives and shall further establish a relative pnonty among those vanous goals and objectives, said goals and objectives to be reduced to wnting They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropnations provided SECTION 7 HOURS OF WORK Employee agrees to remain in the exclusive employ of the Village of Key Biscayne and shall not accept any other employment dunng the term of this Agreement Employee further agrees to devote that amount of time and energy which is reasonably necessary for Employee to faithfully perform her duties under this Agreement SECTION 8 AUTOMOBILE In lieu of a monthly transportation allowance, the Village shall provide a Village vehicle for Employee's use as a benefit of employment The Village shall provide insurance, maintenance and fuel for the vehicle as is provided for other vehicles in the Village's fleet SECTION 9 RETIREMENT The Village shall contnbute into a retirement plan chosen by the Employee (the ICMA 401(a) Plan) by making a Village contnbution as employer of 15% of Employee's annual base salary SECTION 10 INSURANCE The Village shall provide insurance benefits, including family group health, disability and life insurance SECTION 11 VACATION, SICK LEAVE AND HOLIDAYS Employee shall be entitled to sick leave and holidays at the same rate and in the same manner as other Administrative Employees of the Village Employee shall be entitled to four (4) weeks annual vacation leave 3 SECTION 12 PROFESSIONAL DEVELOPMENT 12 1 Subject to Village policy and state law, the Village agrees to pay the reasonable professional dues and subscriptions of Employee necessary for her continuation and participation as a member in national, regional, state and local professional associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the Village Employee shall not hold office in any local, state, regional or national professional association or organization without pnor approval of the Village Council 12 2 Subject to Village policy and state law, the Village agrees to pay the travel and subsistence expenses of Employee for travel to either one national or one state association annual conference per year SECTION 13 MANDATORY RESIDENCY WITHIN THE VILLAGE OF KEY BISCAYNE For the convenience of the Village, the Village Manager is required to maintain full-time residency within the Village of Key Biscayne and shall be on a 24 hour on -call status which is necessary for Employee to properly perform her responsibilities to the residents of the Village and to participate in and attend civic meetings, other functions and generally be available at all times to perform her duties, therefore, Employee shall be entitled to a Housing Allowance of Two Thousand Dollars ($2,000 00) per month This Housing Allowance shall be paid by Village each month dunng the term of this Agreement SECTION 14 NOTICE Notices pursuant to this Agreement shall be given by certified mail through United States Postal Service delivery, addressed as follows Village Employee Village Attorney Mayor and Members of the Village Council Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Jacqueline R Menendez 455 Warren Lane Key Biscayne, Florida 33149 Weiss Serota Heitman Pastonza Cole & Boniske, P A 2665 South Bayshore Dnve, Suite 420 Miami, Flonda 33133 4 SECTION 15 OTHER TERMS AND CONDITIONS 15 1 If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect 15 2 The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party 15 3 The nghts and obligations herein granted are personal in nature and cannot be transferred by the Employee 15 4 This Agreement contains the entire agreement of the parties It may not be changed orally, but only by an amendment in wasting signed by the parties hereto 15 5 This Agreement shall be governed by Florida law and any litigation which may arise from this Agreement shall be filed and litigated in Miami -Dade County, Flonda Any Employee litigation expenses shall be borne by the Village, if the Employee prevails in such litigation 15 6 This Agreement supersedes and replaces the pnor Employment Agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and executed, in duplicate, on the day and year first wntten above VILLAGE OF KEY BISCAYNE Y/1.0 (.4_e,t14, L, Mayor Pursuant to Village Council Approval of February 21, 2006 EMPLOY E 5 Atte Clerk Ad/ad/No Approved as to Form and Legal Sufficiency Village Attorney F /328 001/Agreements/Employment Contract with Jacqueline R Menendez 1 17 06 6 RESOLUTION NO 2006-6 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE ACQUISITION OF PLAYGROUND EQUIPMENT FOR THE VILLAGE GREEN PARK, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE THE EQUIPMENT, AUTHORIZING EXPENDITURE OF FUNDS, AUTHORIZING AND APPROVING TRANSACTION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council, upon the recommendation of the Village Manager, desires to obtain certain playground equipment (the "Equipment") for the Village Green Park as described in the attached Quotation from GameTime ("Contractor"), and WHEREAS, the Equipment is necessary for the enhancement of the Village Green Park, and WHEREAS, the Village Council finds the purchase of the Equipment to be exempt from competitive bidding pursuant to Village Code Section 2-86 as being derived from another government entity's bid process, as this purchase is based on Flonda State Contract No 650-001-04- 01, and WHEREAS, the Village Council hereby finds and determines that the purchase of the Equipment is in the best interests of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2. Capital Project Authorizing Resolution. That pursuant to Village Charter Section 3 07(b), this Resolution shall constitute a Capital Project Authonzing Resolution The Capital Project is the purchase of playground equipment for the Village Green Park, at a cost of Forty Two Thousand Two Hundred Sixty Three and 58/100 ($42,263 58) Dollars Section 3 Equipment Purchase Authorized A That the purchase of the Equipment is hereby authonzed The Equipment is further descnbed in the Quotation, a copy of which is set forth in Exhibit "A," attached hereto and incorporated herein B That the Village Council hereby authonzes the Village Manager to complete the purchase transaction for the acquisition of the Equipment for a cost which is consistent with this Resolution C That the Village Manager is authonzed to expend Village funds for the purchase of the Equipment in accordance with Village budget appropriations Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 21st day of February, 2006 71.(3 ceet,cci, MAYOR ROBERT OLDAKOWSKI AT eit41° CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE • TT • ' EY F \ 100\ 103001 \Resolutions\capital project acquisition of playground equipment 2 2 06 2 From DOMINICA RECREATION 407 331 4720 02/14/2006 15 13 /th&t fl" #132 P 001/003 Enriching Childhood Through Plays, Date 2/14/2006 Quote No 261404503 Pricing 2006 Standard GAMETIME c/o Dominica Recreation Products P 0 Box 520700 Longwood FL 32752-0700 Phone (407)331-0101 Toll Free (800)432-0162 Facsimile (407)331-4720 Contact. Barry Lock E-mail barryl@gamettme com GameTime Quotation Village of Key Biscayne Attn Todd Hofferberth For Village Green Tot Lot 85 W McIntyre Street Key Biscayne FL 33149 Ship to Zip 33149 Telephone (305)365-8901 Facsimile (305)365 8936 Q� ITEM DESCRIPTION 1 RDU #APS822 06 Tot Powerscape-Plus 1 393 Porpoise Only 1 4893 "C"Spring-Loose Fill 1 283 Whale Animal Only 1 4893 "C"Spnng-Loose Fill 1 161290 Geo-Textile 2250 Sq Ft Roll 1 LS Remove/reinstall wood fiber 1 LS Remove/dispose existing equipment Total weight Erice Ext Price 32 244 00 $32,244 00 534 00 $534 00 140 00 $140 00 534 00 $534 00 140 00 $140 00 372 00 $372 00 1,078 00 $1 078 00 1 800 00 $1 800 00 5 165 Sub -total $36 842 00 Discount ($4 419 80) Installation $7,454 00 Calculated Freight $2 387 38 Total $42,263 66 - Pncing offered in accprdance with Florida State Contract #650-001 04-1 - Proposal includes delivery to Gametme Installer's warehouse - Existing equipment to be removed/disposed of includes tot system play cubble and two Saddlemates Village of Key Biscayne shall be responsible for securing permits sugned/sealed engineenng drawings or any related fees, if required Village shall be responsible for top -off of wood fiber as needed and Installer shall not be held liable for condition of the existing wood fiber after removing and replacing same to install the new equipment This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions Our quotation is based on shpment of aN Items at one bme to a single destination unless noted and changes are subject to price adjustment Purchases in excess of $1 000 00 to be supported by your written purchase order made out to GameTime c/o Dominica Recreation Products Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services Pncing f o.b factory firm for 30 days from date of quotation Payment terms payment In full, net 30 days subject to approval by GameTime Credit Manager A 1 5% per month finance charge will be imposed on all past due accounts Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion Retainage not accepted Shipment order shall ship within 30-4S days after GameTime s receipt and acceptance of your purchase order color selecbons approved submittals and receipt of deposit If required Freight charges Prepaid and added at time of Invoicing Taxes State and local taxes if applicable will be added at time of Invoicing unless a tax exempt certificate is provided at the time of order entry Receipt of goods Customer shall receive unload and inspect goods upon arrival noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment Page 1 of 2 42 -0' 1.*IALE C-SPRI WG RUMBLE AND ROLL ZIP SUDS PAGODA ROOF w/ UMBER DECOR KALEIDOSCOPE ENCLOSURE PORPOISE STAIRS CLOVER LEAF CLIMBER OBJECTS PANEL NE W EQUIPMENT TO BE FIELD -LOCATED WITH RELATIONSHIP TO USE ZONES OF EXISTING EQUIPMENT VOLCANO CLIMBER ROCK WALL CUMBER SUSPENSION BRIDGE WAVE CUMBER 4r -ow SHAPES PANEL DOUBLE SEAT (BELOW) �I ► 1111111111111110.4, vir ACCESSIBLE DRAGON ZP SLIDE 34 -0 311311 0314301 SONIMS ONILSIX3 VILLAGE GREEN 1 TOT L OT K ey Bis cayne Raids lhls Play sgrriPment is r000eseendsd for chNdren egos 2 .5 rsolt, resilient surfacing should be pl ac ed In he use zones of al equipment, as speeded foriach type of equip ment, end at depths to met the cdhc wl fall MOM w spedfed by the U.S consumer Product Sdsty Commission A ST N standard F 1457 end Congdon Slendmd CA NCSA..Z -614 J &deft Theft RIF tZ,J &22x05 NOIIV3a33a d3ININOO UOJJ OZLP LEE LOO VI 91 900Z/VI/Z0 E00/E00 d ZEIU RESOLUTION NO 2006-7 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING ACCEPTANCE OF GRANT AND AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000 00), FROM THE LAW ENFORCEMENT TRUST FUND FOR THE PURCHASE OF DNA LIFEPRINT MANAGEMENT KITS WHEREAS, the Police Department has in excess of $52,000 00 in the Law Enforcement Trust Fund Account, and WHEREAS, these monies are the result of seized assets from joint investigations between the Village of Key Biscayne Police Department and local Law Enforcement Agencies, not from tax revenue, and WHEREAS, since this expenditure is from said forfeited properties, this Police Department need can be satisfied at no cost to our residents, and WHEREAS, according to statistics published by the Federal Bureau of Investigation eighty (80%) to ninety (90%) percent of the 950,000 annual missing person cases involve a child or a senior citizen at risk, and WHEREAS, in these type of cases it is imperative to resolve identification questions quickly, and WHEREAS, traditional identification techniques utilized by law enforcement have too often proven unreliable, and WHEREAS, the department conducted research on more reliable identification methods, and WHEREAS, the research revealed that LifePnnt DNA Management kits are reliable, effective and scientifically proven, and WHEREAS, the use of these DNA Management Kits allows the department to conduct a comparative analysis with the evidence obtained in a came scene or missing person case and resolve identification questions quickly, and WHEREAS, this procedure will assist the department's effort to locate and safely return an individual to their loved ones, and WHEREAS, the department will conduct an aggressive campaign to ensure all school children attending public and private schools within the Village of Key Biscayne are provided with an opportunity to provide, store and preserve indefinitely their own DNA within a personal DNA Management Kit, and WHEREAS, the cost of this campaign is estimated to be thirty -thousand dollars ($30,000 00), and WHEREAS, the department has been awarded a fifteen thousand dollars ($15,000 00) National Police Athletic League Grant (the "Grant") to cover half the estimated cost, and WHEREAS, costs for "Safe Neighborhood Program" is an authorized expenditure of the Florida Contraband Forfeiture Act, and WHEREAS, the Chief of Police has recommended adoption of this Resolution and determined that the proposed expenditure complies with FS S §932 7055, the Florida Contraband Forfeiture Act, and WHEREAS, the Village Council finds that it is impractical to utilize formal bidding procedures for this transaction, and hereby waives formal competitive bidding as authorized by Village Code Section 2-85 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the recitals stated above are hereby adopted and confirmed Section 2 That the transaction is hereby approved and the Chief of Police is hereby authonzed to purchase the LifePnnt DNA Management Kits from LifePnnt, Inc for an amount not to exceed a total of Thirty Thousand ($30,000 00) Dollars, with Fifteen Thousand ($15,000 00) Dollars being provided by the Grant and the remainder being provided by the Law Enforcement Trust Fund Section 3 That the Grant shall be accepted, and the remaining expense shall be charged to the Law Enforcement Trust Fund Section 4 That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 21st day of February, 2006 Z/49 Cik.u14 L ---- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATT EY F /328 001/Resolutions/Council Resolution — LETF — DNA Lifeprint 1 25 06 RESOLUTION NO 2006-8 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND ESTRADA HINOJOSA & COMPANY, INC , CONCERNING FINANCIAL ADVISORY SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Estrada Hinojosa & Company, Inc (the "Consultant") concerning the provision of specialized financial advisory services to the Village, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved. That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager and Village Attorney are hereby authonzed to take any necessary action to implement the Agreement and this Resolution Section 4. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of March , 2006 71-0(etin,a (------- MAYOR ROBERT OLDAKOWSKI AT NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTO 103 001/Resolutions/Professonal Services Agreement with Estrada Hinojosa 2 9 06 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 14th day of March , 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and ESTRADA HINOJOSA & COMPANY, INC, a Texas corporation which is authorized to do business in Florida, (the "CONSULTANT") RECITALS. The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of any necessary financial advisory services related to the potential authorization and issuance of indebtedness as required by the VILLAGE as specifically described below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The Specified Services to be provided by CONSULTANT shall include, but not be limited to each of the financial advisory tasks, including both planning and transactional services, as applicable, which are set forth in the Specified Services list, a copy of which is attached hereto and incorporated herein as Exhibit "A" C CONSULTANT shall regularly provide status reports to the VILLAGE, as requested by the Village Manager 2 FEES FOR SERVICES A The CONSULTANT agrees to charge the VILLAGE for the performance of the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule which is set forth in Exhibit "B", a copy of which is attached hereto and incorporated herein, plus reasonable and necessary costs as approved by the Village Manager B The Twenty Five Thousand ($25,000 00) Dollars annual retainer shall cover the fees applicable for the planning services described as items 1-10 on Exhibit "A " The annual retainer shall be invoiced in equal monthly installments C Except as otherwise provided in Exhibit "B" as to costs and fees for specific debt issuance transactions, any additional fees and costs shall be invoiced in the month following performance of service and expenditure of costs by CONSULTANT, pursuant to advance written work authorizations from the Village Manager The work authorizations shall describe the specific requested work tasks, the applicable fees and the estimated costs Other than the services covered by the retainer, no work shall be undertaken by CONSULTANT unless authonzed in writing by the Village Manager pursuant to a work authorization D Invoices shall also reflect a record of time expended by CONSULTANT in providing the Specified Services, for VILLAGE's information and for those services which are provided at hourly billing rates 3 TERM The duration of the term of this Agreement shall commence on March 14, 2006 and shall terminate on March 13, 2007, unless further extended by the mutual written consent of the CONSULTANT and Village Manager or earlier terminated pursuant to Section 6 The Village Manager shall be authonzed to renew the Agreement on behalf of the VILLAGE for successive additional one year periods upon the same terms 4 ASSIGNMENT This Agreement involves skilled professional services and shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES, OTHER MATTERS The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days wntten notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 RECORDS All original reports, documents, analysis and matenals (the "Materials") that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the 4 VILLAGE during the term of this Agreement, any and all such Materials shall be delivered to the VILLAGE by the CONSULTANT 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for Village hereunder, subject to review and approval of such written consent by the Village Attorney as to form and legal sufficiency 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times dunng the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services and will timely file all required reports 11 INSURANCE A The CONSULTANT shall at all times carry comprehensive general liability and contractual liability insurance, workers' compensation insurance (if applicable), and automotive liability insurance, with minimum policy limits for each coverage in the amount of at least Five Hundred Thousand ($500,000 00) Dollars per occurrence, combined single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage (if 5 applicable) shall be as provided by Chapter 440, Fla Stat The VILLAGE shall be named as an additional insured on all of the above insurance policies, to the extent permitted by law Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE 30 days pnor to the effective date of cancellation or reduction of coverage B CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement, except that neither the CONSULTANT nor persons employed or utilized by the CONSULTANT will be liable under this paragraph for liabilities, damages, losses, or costs resulting from negligent acts, errors, or omissions by the VILLAGE or any of Village's officers, agents, or employees during the performance of this Agreement 12 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows 6 Village With a copy to Consultant With a copy to 13 GOVERNING LAW Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastoriza Cole & Boniske, P A 2665 South Bayshore Drive, Suite 420 Miami, Flonda 33133 Estrada Hinojosa & Company, Inc 201 South Biscayne Boulevard, Suite 2826 Miami, Florida 33131 Attention Lourdes Reyes Abadin Estrada Hinojosa & Company, Inc 1717 Main Street, 47th Floor Dallas, Texas 75201 Attention Robert A Estrada This Agreement shall be construed in accordance with the laws of the State of Flonda Venue for litigation hereunder shall be in Miami -Dade County, Flonda IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT ESTRADA HINOJOSA & COMPANY, INC By Ro • - rt A Estrada Title C an Attest Co" . o a e Secretary Approved as to Form and Legal Sufficiency Village Att • rney VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key B e, FL,49_ By Atte Jacqueline Mene Ville Manage Village Clerk Old//0.2- EXHIBIT "A" SPECIFIED SERVICES TO BE PROVIDED BY CONSULTANT A Financial Planning 1 Consultant will attend any and all meetings of govermng body of the Village, its staff, representatives or committees as requested by the Village, at all times when Consultant may be of assistance or service and the subject of financing is to be discussed 2 Consultant will advise the Village and its staff of changes, proposed or enacted, in Federal and State laws and regulations which would affect the municipal bond market 3 Consultant will work with the Village, its staff and any consultants employed by the Village in developing financial feasibility studies and analyzing alternative financing plans 4 Consultant will conduct a survey of the financial resources of the Village to determine the extent of its capacity to authonze, issue and service debt This survey will include an analysis of existing debt structure as compared with the existing and projected sources of revenues which may be pledged to secure payment of debt service and, where appropnate, will include a study of the trend of the assessed valuation, taxing power and present and future taxing requirements of the Village In the event revenues of existing or projected facilities operated by the Village are to be pledged to repayment of the Debt Instruments then under consideration, the survey will take into account any outstanding indebtedness payable from the revenues thereof, additional revenues, as projected by consulting engineers employed by the Village, resulting from improvements to be financed by the Debt Instruments under consideration Consultant will also take into account future financing needs and operations as projected by the Village's staff and consulting engineers or other experts, if any, employed by the Village 5 On the basis of the information developed by the survey descnbed above, and other information and experience available to Consultant, Consultant will submit to the Village its recommendations on the Debt Instruments under consideration including such elements as the date of issue, interest payment dates, schedule of principal matunties, portions of prior payment, secunty provisions, and any other additional provisions designed to make the issue attractive to investors All recommendations will be based upon its professional judgment with the goal of designing Debt Instruments which can be sold under terms most advantageous to the Village and at the lowest interest cost consistent with all other considerations 6 Consultant will advise the Village of current bond market conditions, forthcoming bond issues and other general information and economic data which might normally be expected to influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be set at a time which, in Consultant's opinion, will be favorable 9 7 Consultant understands the Village has retained, or will retain, firms of municipal bond attorneys (the "Bond Counsel") whose fees will be paid by the Village In the event it is necessary to hold an election to authonze the Debt Instruments then under consideration, Consultant will assist in coordinatmg the assembly and transmittal to Bond Counsel of such data as may be required for the preparation of necessary petitions, orders, resolutions, ordinances, notices, and certificates in connection with the election 8 Consultant will recommend the method of sale of the Debt Instruments that, in its opinion, is in the best interest of the Village and will proceed, as directed by the Village, with one of the following methods a Advertised Sale Consultant will supervise the sale of the Debt Instrument at a public sale in accordance with procedures set out herein Consultant reserves the nght, alone or in conjunction with others, to submit a bid for any Debt Instruments issued under this Agreement which the Village advertises for competitive bids In compliance with Rule G-23 of the Municipal Secunties Rulemaking Board, Consultant will request consent to bid in writing, in any instance wherein Consultant elect to bid, prior to submitting a bid for each installment of Debt Instruments b Negotiated Sale Consultant will recommend one or more investment banking firms as managers of an underwriting syndicate for the purposes of negotiating the purchase of Debt Instruments and in no event will Consultant participate either directly or indirectly in the underwriting of the Debt Instruments Consultant will collaborate with any senior managing underwnter selected and Counsel to the underwnters in the preparation of the Official Statement or Offering Memorandum Consultant will cooperate with the underwriters in obtaining any Blue Sky Memorandum and Legal Investment Survey, prepanng the Bond Purchase Contract, Underwriters' Agreement and any other related documents The costs thereof, including the printing of the documents, will be paid by the underwriters c Private Placement Upon authonzation by the Village and acting in its behalf, Consultant will place pnvately the Debt Instruments directly with institutional investors Consultant will prepare and provide to the prospective purchasers a Limited Offenng Memorandum and other related documents 9 Consultant will, after consulting the Village, arrange for such reports and opinions of recognized independent consultants Consultant deem necessary and required for the successful marketing of the Debt Instruments 10 Subject to the approval of the Village, Consultant will organize and make arrangements for such information meetings as, in its judgment, may be necessary B Transactions 11 When appropriate, Consultant will advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information 12 Consultant will coordinate the preparation of the Notice of Sale and Bidding Instructions, Official Statement, Official Bid Form and such other documents as may be required Consultant will submit to the Village all such documents for examinations, approval and certification After such examination, approval and certification, Consultant will provide the Village with a supply of all such documents sufficient to its needs and will distribute by mail sets of the same to prospective bidders and to banks, life, fire and casualty insurance companies, investment counselors and other prospective purchasers of the Debt Instruments Consultant also provides sufficient copies of the Official Statement to the purchaser of the debt Instruments in accordance with the Notice of Sale and Bidding Instructions The expenses associated with pnnting and distribution of these documents will be paid by the Village 13 Consultant will make recommendations to the Village as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments as, in its opinion, is required for submission to the appropnate company, institution or institutions In those cases where the advisability of personal presentation of information to the rating agency, or agencies, may be indicated, Consultant will arrange for such personal presentations The expenses associated with the preparation of information and personal presentations will be paid by the Village 14 Consultant will make recommendations to the Village as to the advisability of obtaining municipal bond insurance or other credit enhancement, or qualifications for same, for the Debt Instruments and, when directed by the Village, Consultant will coordinate the preparation of such mformation as, in its opinion, is required for submission to the appropnate company, institution or institutions In those cases where the advisability of personal presentation of information to the appropriate company, institution or institutions may be indicated, Consultant will arrange for such personal presentations The expenses associated with the preparation of information and personal presentations will be paid by the Village 15 Consultant will assist the staff of the Village at any advertised sale of Debt Instruments in coordinating the receipt, tabulation and comparison of bids and Consultant will advise the Village as to the best bid Consultant will provide the Village with its recommendations as to acceptance or rejection of such bid 16 As soon as a bid for the Debt Instruments is accepted by the Village, Consultant will proceed to coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expeditiously as possible Consultant will assist the Village in the preparation or venfication of final closing figures incident to the delivery of the Debt Instruments 17 Consultant will maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authonzation, sale and issuance of the Debt Instruments Bond Counsel will provide an unqualified legal opinion as to the legality of the issuance of the Debt Instruments at the time of delivery 18 If requested, Consultant will counsel with the Village in the selection of a Paying Agent/Registrar for the Debt Instruments, and will assist in the preparation of agreements pertinent to these services and the fees incident thereto -11- 19 In the event formal venfication by an independent auditor or any calculations incident to the Debt Instruments is required, Consultant will make arrangements for such services 20 Consultant agrees to do, or cause to be done, all work pertaining to the Debt Instruments, obtaining approval, as may be required by law, registration, and delivery to the purchaser The expenses associated with the pnnting of the debt instruments will be paid by the Village 21 After the closing of the sale and delivery of the Debt Instruments, Consultant will deliver to the Village a schedule of annual debt service requirements on the Debt Instruments In coordination with Bond Counsel, Consultant will assure that the Paying Agent/Registrar has been provided with a copy of the authonzing ordinance, order or resolution C Additional Services In addition to the services set out above, Consultant agrees to provide the following services when so requested 1 Consultant will provide its advice as to the investment of certain funds of the Village Consultant will, when so directed, purchase those investments authonzed to be purchased and Consultant will charge a normal and customary commission for each such transaction 2 Consultant will provide its advice and assistance with regard to exercising any call and/or refunding of any outstanding Debt Instruments 3 Consultant will provide its advice and assistance in the development of, and financing for, any capital improvement programs of the Village 4 Consultant will provide its advice and assistance in the development of the long-range financing plan of the Village 5 Consultant will provide any other financial planning services as may be requested by the Village EXHIBIT "B" FEE SCHEDULE A In General With the exception of retainer fees for the financial planning services, as descnbed in Section B of this Exhibit, and the proposed hourly fees, as descnbed in Section C of this Exhibit, the fees due Consultant for transaction related services in accordance with Section D below of this Exhibit and any related costs as may be mutually agreed upon for which Consultant is entitled to reimbursement, shall become due and payable concurrently with the dehvery of the Debt Instruments to the purchaser B Retainer Consultant shall receive a total annual retainer fee of $25,000 (payable in equal monthly installments of $2,083 33) plus reimbursement of reasonable out of pocket expenses, which are payable monthly This fee covers all ongoing financial planning services descnbed in items (1-10) of Exhibit "A" of the Agreement C Hourly Fees Pnncipal/Senior Bankers $200 per hour Associates $175 per hour Administrative $ 65 per hour The Hourly Fees would be in addition to the retainer described in Section B above and would be for special and specific projects authonzed in advance by the Village Further, for any investment banking services provided by Consultant, the fees to be charged shall be disclosed and agreed to up front D In consideration for the services rendered by Consultant to the Village, as related to transaction services (items 11-21 of Exhibit "A") (bond issues, feasibility studies, capital planning, etc), it is understood and agreed that the fee payable to Consultant for each issue of Debt Instruments or other specified financing will be, as follows Base Fee (i) Any Issue - $5000 plus an agreed upon "per bond" fee amount based on the size of the transaction Consultant's base fee and expenses related to bond issues or other sources of financing are contingent on the issuance of debt and payable solely from bond proceeds Expenses are borne by the Consultant until a fee statement and expense reimbursement are submitted at the closing in accordance with the Agreement between the Village and Consultant (ii) As to fees for Advanced Refunding Bonds and/or other Debt Instruments involving Escrow Agreements, it is understood and agreed that Consultant -13- will charge, in addition to its Financial Advisory fee, a computer fee to be negotiated in advance on a case by case basis (in) Consultant may serve as the Paying Agent and will bill the Village at Closing for each issue of Debt Instruments a Net Amount which will include a fee calculated on the above schedule as well as costs and expenses, where applicable, incurred on behalf of the Village, provided the Village has requested that Consultant serve as its Paying Agent in the payment of Bond Counsel fee, preparation, printing and distnbution of the Notice of Sale, Official Statement, Umform Bid Form or Pnvate Placement Memorandum, independent consultants, computer fees, information meetings, if any, presentations to rating agencies, rating fees and travel expenses of Village representatives, if any, panting of the Debt Instruments, and all appropriate costs and expenses associated with closing and delivery of the Debt Instruments F /103 001/Agreements/Exhibit A and B to Estrada Hmojosa Agreement 2 13 06 RESOLUTION NO 2006-9 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING TWO HUNDRED THOUSAND ($200,000 00) DOLLAR STORMWATER DRAINAGE IMPROVEMENT GRANT FROM THE STATE OF FLORIDA PURSUANT TO DEP AGREEMENT NUMBER LP6107, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to DEP Agreement Number LP6107, the Village of Key Biscayne has been awarded a Two Hundred Thousand ($200,000 00) Dollar Stormwater Drainage Improvement Grant from the State of Florida pursuant to Line Item 1717A of the 2005-2006 Appropnations Act, and WHEREAS, the Village Council finds that acceptance of the Grant is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2. Grant Accepted That the Grant provided pursuant to DEP Agreement Number LP6107 is hereby accepted and the Village Manager is authonzed to execute the Grant Agreement, in substantially the form attached hereto, on behalf of the Village, upon approval by the Village Attorney as to form and legal sufficiency Section 3. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement this Resolution and the Grant Agreement, including the expenditure of matching funds for the project as provided pursuant to the Village budget and in accordance with the procedures of the Village Section 4 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of March, 2006 /t'O(d,a1 L - MAYOR ROBERT OLDAKOWSKI ATT .d/ CHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS T ORM AND LEGAL SUFF VILLAGE ATTO F /103 001/Resolution/Accepting $200 000 0 Stormwater Drainage Grant 2 28 06 2 RESOLUTION NO 2006-10 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING MIAMI-DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING TO ACHIEVE A HIGH -QUALITY EDUCATION SYSTEM WHEREAS, the Flonda Constitution provides that the education of children is a fundamental value of the people of Flonda and a paramount duty of the State, and WHEREAS, the Constitution creates a clear mandate for a uniform and high quality education system and for the State to make adequate provision for this purpose, and WHEREAS, Flonda is one of the leaders in the nation in mandating public school educational accountability measures and The School Board of Miami -Dade County has improved its overall grade from C to B in the state accountability system, and WHEREAS, the number of schools in Miami -Dade County, Flonda, receiving a letter grade of A increased to 48% — highest percentage ever — despite tougher state standards and the number of schools receiving a repeat grade of F was reduced by 66% to 3, and WHEREAS, the number of third graders considered proficient readers in Miami -Dade County Public Schools rose to 61% — the highest percentage ever — and 1,814 fewer third graders are at nsk of being held back due to reading scores, and WHEREAS, Miami -Dade County Public Schools has reorganized its central office and eliminated more than 500 positions, freeing up $38 million for other educational needs, and WHEREAS, The School Board of Miami -Dade County, Flonda, has constructed 18,000 new student seats to address overcrowding using local funds — more than three times the number planned by pnor administrations— although the majonty of state Classrooms for Kids allocations have gone to school distncts without documented capital outlay needs, and WHEREAS, The School Board of Miami -Dade County, Flonda, will need approximately $136 million in new monies above current funding levels to continue these initiatives, but the recent change in Distnct Cost Differential could reduce the district's share of annual funding by as much as $78 million, and WHEREAS, Florida employers consistently rank improving education and workforce development as top concerns to the success of their business, and a highly qualified, trained workforce is critical to strengthening our business climate, and WHEREAS, the education system needs to respond to the workforce needs of Flonda's employers, including programs that expand career academies in high schools, aligning career education with industry standards and workforce demands, and expanding options for students to continue their education and enter the workforce, and WHEREAS, ensunng excellence in education and workforce is a top strategic pnonty to achieve Enterpnse Flonda's vision of Flonda as a global leader in knowledge -based jobs, leading - edge technology and competitive enterpnses in the 21st century, and WHEREAS, the pre -K-20 education system is a key foundation for Flonda's future providing the talent base for economic diversification and an economic engine for the knowledge economy, and Flonda should continue to move its education system at all levels (pre -K-20) into the top quartile in education quality, student rankings and graduation rates based on national standards, and WHEREAS, the Village of Key Biscayne believes that funding a high -quality education system is an investment in the ability to compete nationally and globally in the marketplace, and WHEREAS, the Village of Key Biscayne believes that adequate funding is needed to achieve a high- quality education system measured by student achievement NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Village of Key Biscayne supports the Miami -Dade County Public Schools' 2006 legislative initiative Section 2 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this , 14th day of March , 2006 4,0 6-et/A-CT / j MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS 11 ORM AND LEGAL SUFFICIE VILLAGE A T • ' EY RESOLUTION NO 2006-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING DESIGN WORK FOR IMPROVEMENT OF PLAYING FIELD WHICH IS UTILIZED BY THE VILLAGE AT THE KEY BISCAYNE COMMUNITY SCHOOL, AUTHORIZING DESIGN OF PLAYING FIELD IMPROVEMENTS, APPROVING WORK AUTHORIZATION BETWEEN THE VILLAGE AND POST BUCKLEY SCHUH AND JERNIGAN, INC , FOR DESIGN WORK ON PLAYING FIELD IMPROVEMENTS, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council desires to authonze the expenditure of Village funds for the design of playing field improvements (the "Project"), upon lands utilized by the Village pursuant to an Agreement with the Miami -Dade School Board, at the Key Biscayne Community School facility of the School Board, as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to expeditiously proceed with the design of the Project, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the design of the Project, at a cost not to exceed $90,000 00, is exempt from competitive bidding, as a professional service, pursuant to Section 2-87(2) of the Village Code, and complies with Section 287 055, Flonda Statutes, as work under a continuing contract as authonzed by said statute, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Work Authorized. Specification of Funds That the design activities for the playing field improvements (the "Improvements") as descnbed herein and in Exhibit "A", attached hereto, are hereby approved and authonzed, subject to each of the following conditions a That the fee for professional services for the design of the Improvements shall not be more than $90,000 00, b That the fund amount and source for the design work items are hereby authorized and approved as described in Exhibit "A" Section 3 Agreement Approved That the Village Manager is hereby authonzed to enter into a work authorization with Post Buckley Schuh and Jernigan, Inc , for the design work (the "Agreement"), in a form and substance approved by the Village Attorney, which is consistent with the requirements of this Resolution, and such Agreement is hereby approved, subject to approval of the Village Attorney as to form and legal sufficiency Section 4 Implementation A That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution and the Agreement B That the construction phase of the Project shall be subject to pnor Council consideration and approval by adoption of a capital project authorizing Resolution of the Village Council Section 5 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 11th day of Apnl, 2006 2 VILLAGE ATTORNEY /(4ca.(4.ce4 L. -- MAYOR ROBERT OLDAKOWSKI ATTE J /1)0(671 CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE »v1 103 001/Resolutions/Second Version of Alternate Improvements of playing field leased from KB Community School 3 30 06 3 Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez VILLAGE OF KEY BISCAYNE Office of the Village Manager DT Apnl 5, 2006 TO H bleM FR q it Members Menendez, i . ge Manager RF/ Key Biscayne Community School Field Project RECOMMENDATION It is recommended that the Village Council approve the agreement with Post Buckley Schuh and Jernigan, Inc , for the design work on the playing field improvements The cost of these services will not exceed $90,000 and will be funded from the Future Land Acquisition line item BACKGROUND On June 18, 2003, the School Board of Miami -Dade County renewed the lease of the playfield area at the Key Biscayne Elementary School until December 31, 2013 This lease states that the Village of Key Biscayne will be responsible for the maintenance of the fields and in return the Village is able to utilize the facilities outside of school operation hours The Village has invested in capital improvements in the past The Village of Key Biscayne leveled, re -sod, and added an irrigation system for the fields, pnor to the construction of the middle school, in accordance with this agreement Dunng the construction of the middle school and basketball court the field and irrigation system were damaged Please refer to the attached pictures to see the current condition of the field 88 West McIntyre Street • 0 • Fax (305) 365 8936 MISSION STATEMENT TO PR SIBLE COVERNMENT Mr Todd Hofferberth Village of Key Biscayne Page 4 April4 2006 SCOPE OF SERVICES ATTACHMENT NO 1 Task 1 0 - Civil Services A Surveying 1 Establishment of horizontal and vertical controls 2 Venfy the location of visible surface improvements within, upon, across, abutting and adjacent to the Project Area 3 Acquire spot elevations at 25 -foot interval 4 Locate all trees within Project Area, together with diameter of same (Will not be identified by species or common name ) 5 Prepare Specific Purpose Survey Map and Report B Drainage 1 Prepare a site layout plan for Phase I submittal to MDCPS for review and approval 2 Based on the approved Phase I prepare a demolition plan, and preliminary grading plan for MDCPS review and approval (Phase II) 3 Meet with DERM for storm water permitting 4 Preparation of finalized site layout, grading and detail sheets This step includes final submittal to MDCPS 5 Assist with DERM Water Control Permit, Department of Health and Miami Dade Water and Sewer Department in permitting C \Documents and Settings\12385\Local Settings\Temporary Internet Files\OLK2\RFP (2) DOC Mr Todd Hofferberth Village of Key Biscayne Page 5 Apri14 2006 Task 2 0 - Landscaping Services 1 A review of the site and its existing conditions will be preformed including such things as existing imgation systems, vegetation, drainage patterns, access, condition of existing athletic facilities and current use patterns 2 The proposed athletic facilities, turf and irrigation systems will be coordinated with maintenance staff to insure installed elements meet Village requirements and to insure proper maintenance 3 A proposed layout plan of the athletic facilities, including a tittle league field (no pitcher's mound), two hard surface basketball courts and two batting cages, plus turf establishment and imgation system will be developed 4 All proposed landscape and irrigation will be coordinated with other disciplines at PBS&J Connection to the municipal water system for irrigation will be coordinated to assure required water pressures and quantities for a fully operational imgation system Task 3 0 - Electrical Services — Site Lighting 1 Services will include a site visit prior to design 2 Provide baseball field site lightmg/wirmg plan, as well as light pole details Electrical Specifications and Notes will be included on plans 3 Perform Lighting, Voltage Drop, and Power Riser Diagram & Feeder Calculations Calculations will also include structural calculation for pole foundation/wmd loading 4 Services will include power company coordination for electncal service C \Documents and Settings\12385\Local Settings\Temporary Internet Files\OLK2\RFP (2) DOC RESOLUTION NO 2006-12 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS), PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Homeland Secunty Presidential Directive (HSPD-5), Management of Domestic Incidents, the President directed the Secretary of Homeland Secunty to develop and administer a National Incident Management System (NIMS) On March 1, 2004, the Secretary issued the NIMS to provide a comprehensive national approach to incident management, applicable to all junsdictional levels across functional disciplines, and WHEREAS, the NIMS provides a consistent nationwide approach for federal, state, tnbal and local governments to work effectively and efficiently together to prepare for, prevent, respond to and recover from domestic incidents, regardless of cause, size, or complexity, and WHEREAS, the NIMS establishes standard incident management processes, protocols and procedures so that all responders can work together more effectively, and WHEREAS, the Federal NIMS Integration Center was established to oversee all aspects of NIMS, including the development of NIMS related standards and guidelines and support to guidance for incident management and responder organizations as they implement the system The Center will validate compliance with the NIMS and National Response Plan responsibilities, standards and requirements, and WHEREAS, the overwhelming majonty of emergency incidents are handled on a daily basis by a single jurisdiction at the local government level and may involve multiple junsdictions, functional agencies and emergency responder disciplines These instances require effective and efficient coordination across the spectrum of organizations and activities, and WHEREAS, the NIMS is based on an appropnate balance of flexibility and standardization in order to provide a framework for interoperability and compatibility dunng incident operations, and WHEREAS, the NIMS provides a consistent, flexible and adjustable national framework within which government and private entities at all levels can work together to manage domestic incidents, regardless of their cause, size, location, or complexity This flexibility applies across all phases of incident management prevention, preparedness, response, recovery and mitigation NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Recognition That the Village Council hereby recognizes the NIMS and adopts NIMS pnnciples and policies Section 3 Authorization That the Village Council directs the Village Manager to establish a NIMS baseline by determining which NIMS requirements have already been met Section 4 Implementation The Village Council directs the Village Manager to establish a timeframe and develop a strategy for full Village of Key Biscayne NIMS implementation Section 5 Direction The Village Council directs all Village departments, agencies, organizations, to institutionalize the use of the Incident Command System Section 6 Effective Date That this Resolution shall be effective immediately upon adoption hereof 2 PASSED AND ADOPTED this 25th day of Apnl, 2006 /1.0 atet, ( 1...--% MAYOR ROBERT OLDAKOWSKI AT isci/71,2m,e HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE fin 1 VILLAGE ATTORNEY 103 001/Resolutions/Adopting the National Incident Management System 4 11 06 3 RESOLUTION NO 2006-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND DAVISLOGIC, INC , D/B/A ALL HANDS CONSULTING, CONCERNING PROVISION OF PROFESSIONAL EMERGENCY MANAGEMENT PLANNING SERVICES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council, pursuant to the recommendation of the Village Manager, Police Chief and Fire Chief, desires to enter into an Agreement for Professional Services (the "Agreement") with Davislogic, Inc , doing business as All Hands Consulting, a Maryland corporation which is authorized to do business in the State of Flonda ("Consultant"), and WHEREAS, upon advice of the Village Attorney, the Village Council finds that this Agreement is exempt from competitive bidding as a professional service contract pursuant to Village Code Section 2-87(2) and is also exempt from competitive bidding pursuant to Village Code Section 2-86, as a contract which is based on a competitive bid entered into by another governmental entity, to -wit the City of Miami, and WHEREAS, the Village Council finds that the approval of the Agreement is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved That the Agreement between Consultant and Village is hereby approved and the Village Manager is hereby authorized to execute the Agreement, on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3 Implementation. That the Village Manager is hereby authonzed to take any and all action which is necessary to implement the Resolution and Agreement Funding for the Agreement shall be provided as indicated in the Village Manager's Memorandum which accompanies this Resolution Section 4 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 25th day of Apnl, 2006 MAYOR ROBERT OLDAKOWSKI ATT T CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FARM ANDJ7EGAL SUFFIC VILLAGE ATTORNEY 103 001/Resolutions/Professonal Services Agreement with Davislogic Inc for emergency management planning 4 10 06 2 VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Chief of Fire Rescue John C Gilbert Department of Fire Rescue DT TO FR RE Agreement for Professional Servuces concerning Emergency Management Planning RECOMMENDATION April 17, 2006 Cte n18Slpa 0 Ho, o able Ma ` r- fTd M bers of the Village Council Mefie�nd - z, Ilage Manager It is recommended that the Village Council approve the Agreement between Davislogic Inc, doing business as All Hands Consulting and the Village for Comprehensive Emergency Management Planning (CEMP) services BACKGROUND rnattO Local authorities, not federal, have the primary responsibility for preventing, responding to, and recovering from emergencies and disasters The overwhelming majority of emergency incidents are handled on a daily basis by a single jurisdiction at a local level It is critically important that all jurisdictions comply with the NIMS because the challenges we face as a nation are far greater than the capabilities of any one jurisdiction, they are not, however greater than the sum of all of us working together through mutual support Homeland Security Presidential Directive 5 (HSPD-5), Management of Domestic Incidents, requires all federal departments and agencies to adopt and implement the NIMS, and requires state and local jurisdictions to implement the NIMS to receive federal preparedness funding This includes all emergency response plans in support of the Village CEMP and any internal emergency plans Modification includes departmental testing, refinement, and implementation of plans, procedures requiring NIMS integration, and will develop an integration strategy and identify expected phased -in milestone dates for each plan and procedure by September 30, 2006 Funding for the agreement is not to exceed $61,300 00 560 Crandon Boulevard • Key Biscayne, Florida 33149 • (305) 365 8989 • Fax (305) 365 8933 MISSION SIATEMFNT CO PROVIDE A SAFF QUALITZ COMMUNITI EN\IRONMENT FOR ALI ISLANDERS THROUGH RRSI ONSIBLF COVERNMFNT www key biscayne fl gov VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into thiP14ay of Apnl, 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and DAVISLOGIC, INC , doing busmess as ALL HANDS CONSULTING, a Maryland corporation which is authonzed to do business in the State of Flonda (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform for the VILLAGE certain professional emergency management planning services (the "Specified Services"), which are within CONSULTANT"s expertise, as specifically descnbed m the March 28, 2006 Proposal (the "Proposal"), a copy of which Proposal is attached hereto and incorporated herein as Exhibit "A" The CONSULTANT wants to provide such Specified Services as descnbed m the Proposal In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A CONSULTANT agrees to perform the Specified Services upon written request from the Village Manager B CONSULTANT shall expend all necessary efforts to competently and professionally complete all tasks in accordance with a schedule to be approved by the Village Manager C CONSULTANT shall perform additional services beyond the Specified Services, but within its expertise, if requested by the Village Manager, at compensation which is first mutually agreed to m writing 2 FEES FOR SERVICES A As full compensation for satisfactory performance of the Specified Services, the CONSULTANT agrees to charge and shall be paid by the Village m accordance with the fee schedule and accompanying chart set forth m paragraph (10) of the Proposal, for a total fee not to exceed Fifty Six Thousand Eight Hundred ($56,800 00) Dollars Fees shall be paid in arrears each month, pursuant to monthly invoice, based upon the percentage of work completed for each task invoiced Invoices shall be promptly processed for payment pursuant to the Florida Prompt Payment Act B VILLAGE shall reimburse CONSULTANT for its direct and reasonable expenses for document production and reproduction, postage, long distance telephone charges, photographic services, authonzed travel and other cost items which are first approved by the Village Manager, all in a total amount which, unless first otherwise authonzed m writing by the Village Manager, is not to exceed $4,500 00 3 TERM The duration of the term of this Agreement shall commence upon execution hereof and shall expire upon completion of the performance of the Specified Services, unless extended by the Village Manager or earlier terminated pursuant to paragraph 8 4 RECORDS All details, guidelines, reports, work papers and other documents and plans that result from the CONSULTANT providing Specified Services or any additional services hereunder shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT All work products shall be provided to VILLAGE in paper and digital 5 INSURANCE A The CONSULTANT shall at all times carry comprehensive general liability and contractual liability insurance, workers' compensation insurance (if applicable), and automotive liability msurance, with minimum policy lmuts for each coverage m the amount of at least Five Hundred Thousand ($500,000 00) Dollars per occurrence, combined smgle limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage shall be as provided by Chapter 440, Fla Stat The VILLAGE shall be named as an additional msured on all of the above insurance policies, to the extent permitted by law Each insurance policy shall state that it is not subject to cancellation or reduction m coverage without wntten notice to the VILLAGE 30 days prior to the effective date of cancellation or reduction of coverage B CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement, except that neither the CONSULTANT nor persons employed or utilized by the CONSULTANT will be liable under this paragraph for liabilities, damages, losses, or costs to the extent that they directly result from the negligent acts, errors, or omissions of the VILLAGE or any of VILLAGE's officers, agents, or employees during the performance of this Agreement 6 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT CONSULTANT is authonzed to utilize its subconsultants, if any, as identified m the Proposal 7 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contmgent upon or resultmg from the award or making of this Agreement 8 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days advance wntten notice with or without cause and by the CONSULTANT upon sixty (60) days advance written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of term nation 9 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herem shall preclude the VILLAGE from engagmg other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion 10 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for VILLAGE hereunder, subject to budgetary limitations 11 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services for Village as an independent contractor of the Village 12 NOTICES All notices and commumcations to the VILLAGE or CONSULTANT shall be m wntmg and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows VILLAGE Jacquelme R Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to CONSULTANT Village Attorney c/o Weiss Serota Helfman Pastonza Cole & Bomske, PA 2665 South Bayshore Dnve, Suite 420 Miami, Flonda 33133 Steven C Davis Davislogic, Inc , d/b/a All Hands Consultmg 10025 Maple Avenue Columbia, MD 21046 With a copy to Steven C Davis Davislogic, Inc , d/b/a All Hands Consulting 3250 Mary Street, Suite 401 Miami, Flonda 33133 13 GOVERNING LAW, LITIGATION This Agreement shall be construed in accordance with the laws of the State of Flonda Venue for any litigation hereunder shall be in Miami -Dade County, Flonda The parties voluntanly waive the right to any trial by jury m any litigation hereunder between the parties 14 MISCELLANEOUS A CONSULTANT represents and warrants to the VILLAGE that CONSULTANT does not and will not engage in discnnunatory practices and that there shall be no discrimination m connection with CONSULTANT's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status, sexual preference or sexual onentation, or national ongm CONSULTANT further covenants that no otherwise qualified individual shall, solely by reason of his or her race, color, sex, religion, age, handicap, marital status, sexual preference or sexual onentation, or national ongin, be excluded from participation m, be denied services, or be subject to discrimination under any provision of this Agreement B CONSULTANT is reminded and hereby recognizes that all work under this Agreement must comply with any applicable county, state and federal regulations Any mandatory clauses which are required by such county, state or federal regulations shall be deemed to be incorporated herein unmediately upon VILLAGE's written request IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT DAVISLOGIC, INC d/b/a All Hands Consultmg 10025 Maple Avenue Columbia, MD 21046 s By Name _Crew .� Title (?', ogiir VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 By •a3: , / 1ZOR (O ...� Approved pursuant to Council Resolution N� quelme ' Men Vill• 'e •:per Village Clerk roved as to Form and Legal Sufficiency F \103001\Agreements\New Agreement for Professional Services for Emergency Management Planning 4 1006 AHD ALL HANDS CONSULTING — GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 March 28 2006 John Gilbert Fire Rescue Chief Village of Key Biscayne 85 West Enid Drive Key Biscayne Florida 33149 410 730 5677 Re Proposal — Comprehensive Emergency Management Planning Services Dear Chief Gilbert It is a pleasure to provide you with this proposal for Comprehensive Emergency Management Planning Services AU Hands Consulting has prepared the enclosed proposal based on our understanding of your requirements We have based this proposal on the terms and conditions of our contract with the City of Miami (RFQ No 04-05-042R) which includes a provision stating that "Other local governments rn Florida, including, without limitation, Cities, Counties, School and Special Districts may purchase directly subject to their respective compliance with applicable laws, the Services being provided in this contract, when the Provider and the awarding local government agree to enter into a separate independent contract to that effect Our cost proposal is based on the fee structure included in the Miami contract Based on the fee structure and the services to be provided we have estimated the cost of this proposal to be $61 300 inclusive of travel cost and reimbursable expenses This provides you with a firm fixed pnce for the deliverables proposed I believe that you will find our rates to be very competitive The detailed proposal is enclosed please let me know if you have any questions Phone (410) 730-5677 E -Mail steve©allhandsconsulting com Sincerely Steve V'avc¢ Steven C Davis President All Hands Consulting Enclosure Proposal 1 AHS ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 Proposal Comprehensive Emergency Management Services 1 THE ALL HANDS CONSULTING ADVANTAGE All Hands Consulting combines the talents of some of the leading emergency, crisis, and business continuity management firms in North Amenca Our members have an average of over 20 years of expenence, including the development of industry standard emergency, cnsis and business continuity management programs We utilize our extensive network of seasoned consultants to provide highly reputable personnel with proven skills that match the requirements of each assignment We work cooperatively with our clients and each other to ensure the best in service delivery Ail Hands has created a seamless structure, providing a balanced team of personnel who can address a broad spectrum of client needs 2 OUR UNDERSTANDING OF YOUR REQUIREMENTS We understand your requirements to be the development and facilitation of an All -Hazards Comprehensive Emergency Management program to include a Hazards Vulnerability Analysis (HVA) Comprehensive Emergency Management Plan (CEMP) and Continuity of Operation (COOP) Plan 4 PROJECT APPROACH AND DELIVERABLES All Hands will work closely with Village leaders to develop a Comprehensive Emergency Management Plan (CEMP) to include a Hazards Vulnerability Analysis and Continuity of Operations Plan (We are currently providing this service for Miami ) Our subject matter experts will guide local officials in developing a complete and comprehensive emergency management program that will provide the necessary level of protection for the residents of the Village of Key Biscayne and its visitors All Hands will provide best practices content ideas, design ideas and options editing and writing data entry facilitation of planning process meetings as necessary provide content charts diagrams and graphics for Village review, and provide final copies When working on site in Village of Key Biscayne, All Hands staff will function as emergency management auxiliary staff, taking direction from and working closely with local Village and Emergency Management staff All Hands will provide technical support and guidance to the Emergency Management staff through wntten and verbal guidance, review and critique of completed work and one-on-one meetings All Hands will request that the Village leadership approve content and format, review and comment on draft documents and approve the final layout All Hands will prepare and present a written summary report containing recommendations for any adjustments in the CEMP contents or in its training program 2 AHD ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 5 TEAM ORGANIZATION Charles Erwin Exercise Branch Chief will lead the AHC team and will be the principle consultant on this project Mr Erwin has extensive expenence in exercise development and facilitation and was a former State Exercise Director Mr Erwin has managed several successful South Flonda Hurncane Exercises The project will be supported by All Hands Consulting's Miami -based team, which includes individuals who are intimately familiar with the Miami Comprehensive Emergency Management Plan and EOC operations Protect Organization Project Manager Rick LaValla Planning Team Peter Smalley John Snow Document Management Bobbie Pitsenberger Administrative Support Sandra Ocampo 6 RELATED EXPERIENCE All Hands' principals have previously prepared 17 Comprehensive Emergency Management Plans 12 of which have been developed or updated within the past five years In addition we have extensive experience in the development of Terrorism Response Plans and Continuity of Operations (COOP) plans as shown below Comprehensive Emergency Management Plans All Hands' principals have prepared Comprehensive Emergency Management Plans within the last five years for the following junsdictions • City of Miami FL • West Palm Beach, FL • Palm Beach FL • Deerfield Beach, FL • Jefferson County/Birmingham, AL 3 AHD ALL HANDS CONSULTING — GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 • Cape Coral FL • Anchorage, AK • Racine County, WI • Yakima County, WA • Montgomery County/City, AL • Hilton Head Island, SC • Oakland Park, FL Continuity of Operations Plans All Hands principals have prepared Continuity of Operations (COOP) plans within the last five years for the following jurisdictions/agencies • City of Miami, FL • Executive Office of the President (The White House) • Lockheed Martin Aeronautics Fort Worth TX • Fort Lauderdale, FL • Hialeah FL • Manatee County, FL • Monroe County, FL • Jefferson County/Birmingham, AL • Department of Veterans Affairs Washington D C 7 QUALIFICATIONS Team Members All Hands Consulting brings the best and brightest in the emergency management field to our projects The following table provides a listing of the All Hands consultants who will be assigned to Key Biscayne projects However we can provide additional support and expertise at any time depending on the needs of specific tasks and projects Consultant Name Steve Davis Project Tasks Engagement Manager Pnncipal Consultant Rick LaValla Project Manager Chief Planner John Snow Consultant CEMP Subject Matter Expert Peter Smalley Consultant Search and Rescue and Firefighting Expert Bobbie Pitsenberger Sr Consultant CEMP Documentation Expert Sandra Ocampo Administrative Assistant 4 AHS ALL HANDS CONSULTING — GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 10025 MAPLE AVENUE COLUMBIA MD 21046 305 774 0012 410 730 5677 Consultant Name Other Available Staff Project Tasks Tony Alexiou Consultant Trainer Bill Firestone Sr Consultant Planning Training and Exercises Dianne Wnght Sr Consultant Administration Chief Rick Hood Senior Trainer ICS CERT Diana Gonzalez Sr Consultant Local Govemment Planning Laura Mallet Sr Consultant, Planning COOP and COG Brief biographies of each assigned consultant are provided below Steve Davis served for 28 years in local government and seven years as a consultant He is a subject matter expert in homeland security, emergency management, and Continuity of Operations (COOP) He has successfully managed numerous emergency management and COOP projects as well as several emergency operations center design, software design and evaluation and software implementation projects Steve is currently the lead project manager for the Miami Urban Area Security Initiative project In this capacity he is responsible for delivenng to the Miami Urban Area, a comprehensive scope of emergency planning and homeland security services Rick LaValla has 33 years of experience providing emergency management and emergency response services to educational institutions emergency response organizations, business and industry, and local, state federal, and foreign government agencies His competencies include writing mitigation plans, recovery plans emergency operations center (EOC) plans comprehensive emergency management plans, continuity of operations plans terronsm plans standard operating procedures development hazard and risk assessments training and course development, exercise design and presentation, project management and EOC management John Snow is an expenenced and versatile emergency management professional who has worked twenty-three years in local government as well as twenty years as a Naval Officer He prepared Comprehensive Emergency Management Plans for West Palm Beach and Oakland Park and is currently preparing a CEMP for Hialeah A former Florida Emergency Manager of the Year John possesses strong leadership work ethic and project management skills and has the ability to motivate and influence individuals as well as to work with citizen groups local government and the military Peter Smalley manages the All Hands Miami Project management office and is responsible for planning and training coordination He is a recognized subject matter expert in the field of consequence management relative to weapons of mass destruction for the National Disaster Response Urban Search and Rescue program He has developed, coordinated evaluated and managed program plans and operational procedures relative to WMD to effectively 5 AHet ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 10025 MAPLE AVENUE COLUMBIA MD 21046 305 774 0012 410 730 5677 respond to a threat or act of terrorism at the national, regional, state, and local level Responsible to conduct studies and prepare project reports and consolidate findings Serves as FEMA representative to the US&R Advisory Committee WMD Working Group Primary staff member responsible for developing, implementing, coordinating and evaluating policies and procedures pertinent to the US&R WMD preparedness program Diana Gonzalez has extensive experience in Miami -Dade County operations including Capital Improvements and Facilities Management As a consultant, she is experienced with serving the public and non-profit sectors in facilities development, process review and improvement, facilitation and strategic planning Bobbie Pitsenberger serves as All Hands' Director of Publications Ms Pitsenberger has 14 years of relevant experience She is an expert in emergency planning and plan writing (including CEMPs and terrorism plans), standard operating procedures development hazard and risk assessments, technical writing, training and course development, exercise design, consulting and project management Sandra Ocampo is the Office Manger for the Miami Project Management Office and is an expenence Administrative Assistant She provides a variety of administrative tasks in support of the Miami UASI project 8 REFERENCES A comprehensive work history is attached that includes a reference for each project 9 ASSUMPTIONS In order for this project to achieve the required deliverables and remain within budget, the following assumptions need to be agreed upon from both the Village of Key Biscayne and All Hands Consulting • Resources from All Hands Consulting shall be given reasonable and timely access to required documentation needed for this project • The Village of Key Biscayne will not require additional work status reports or meetings, outside of the project schedule as that would deplete the available budget resources for the project • The Village of Key Biscayne will provide a single point of contact for project coordination with All Hands • The Village of Key Biscayne will actively participate in each phase of project • The Village of Key Biscayne will provide security clearance and access to facilities as required This includes badges passwords, access cards, and parking privileges • The Village of Key Biscayne will ensure accuracy of data/information supplied to All Hands 6 AHD ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 10 PROJECT COST INFORMATION The Comprehensive Emergency Management Plan should take approximately six months to complete depending on the time required for Village officials to review and comment on draft plans We estimate that we can perform the services required for this project at a cost of $61,300 00 based on current contract rates This is a time and matenals quote for the deliverables proposed Included in these costs estimates are all related travel expenses and other expenses related to this project All Hands Cost Proposal for Key Biscayne HVA Hours Rate Cost Planners 20 $ 90 $ 1 800 Document Management 40 $ 120 $ 4 800 Project Management 20 $ 140 $ 2 800 Travel and Expense $ 1 500 Sub -Total $ 10,900 CEMP Planners Hours Rate Cost John Snow 60 $ 70 $ 4 200 Peter Smalley 60 $ 90 $ 5 400 Document Management Bobbie 120 $ 120 $ 14 400 Project Management Rick 60 $ 140 $ 8 400 Travel and Expense $ 1 500 Sub -Total $ 33 900 COOP Hours Rate Cost Planners 40 $ 90 $ 3 600 Document Management 60 $ 120 $ 7 200 Project Management 30 $ 140 $ 4 200 Travel and Expense $ 1 500 Sub -Total $ 16 500 TOTAL $ 61 300 7 RESOLUTION NO 2006-14 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SITTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY, RECOMMENDING THE APPROVAL AND ADOPTION OF THE EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Chapter 163, Part 2, Flonda Statutes and Chapters 9J-5, 9J-11 and 9J-12, Flonda Administrative Code (F A C ), the Village of Key Biscayne Master Plan (the "Plan") was adopted via Ordinance No 95-8 on September 12, 1995, and WHEREAS, the Flonda Legislature intends that local planning be a continuous and ongoing process, and WHEREAS, Section 163 3191, Flonda Statutes, directs local governments to periodically assess the success or failure of their adopted comprehensive plans to adequately address changing conditions and state policies and rules, and WHEREAS, Section 163 3191, Florida Statutes, directs local governments to adopt an evaluation and appraisal report once every seven (7) years assessing the progress in implementing the local government's comprehensive plan, and WHEREAS, the Village Council, in its capacity as the Local Planning Agency (the "LPA") has prepared and completed an Evaluation and Appraisal Report (the "EAR") for the Plan as provided for in Exhibit "A", and WHEREAS, on Apnl 25, 2006, the LPA held an advertised public heanng on the proposed EAR, provided for participation by the public in the process and rendered its recommendations to the Village Council, and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, SITTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY Section 1 Recitals. That the foregoing Recitals are true and correct and are incorporated herein by this reference Section 2 Recommendation That the Village Council, sitting in its capacity as the Local Planning Agency, hereby recommends the approval and adoption of the proposed Evaluation and Appraisal Report, attached as Exhibit "A", to the Village Council of the Village of Key Biscayne, Flonda Section 3 Effective Date That this Resolution shall become effective immediately upon adoption PASSED AND ADOPTED this 25th day of Apnl , 2006 4.0c cla (cv c, ----- MAYOR ROBERT OLDAKOWSKI AT ,,,,i,/au/gr HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI /4/441 1144A VILLAGE ATTORNEY Client Name 731998701 Ad Number VILLAGE OF KEY BISCAYNE N U) 1` Q) 731998701 Insertion Number CO 9. 9 CO ar co a 0 0 2 4) O N 03 C Q O c 0 o ets N m a) N_ 05 GB 1 THURSDAY APRIL 13 2006 F HURRICANE SEASON States want help readying for storms ■The homela d security Met wa ed states asking fo help preparing for storms that the federal gove mint hould of be o idered that first II a of defense ORLANDO — (AP) — Em rg ncy ffi als from hur t k tt ppeal d to the atio home- land secunty hiefWednesd y f hlpp p gf th upcoming t rm se son, se k mg plan f ythmg fr m cuat rot t pet p o - tech n. Th q t and scored what H m land S cunty Sec- t y M h 1 Ch t ff d scnbed gr t wake p all for st to and local uth r - tie f ll wing the d ast t f Hum ane Katrina. Ch t ff tt d g an al hurr an p par d f O land aid th fed al go mme t hould t b d d th fi tl fdf dumg disasters. B t he aclm wledg d th t part f th K tin b tt d CITY OF HOMESTEAD PUBLIC NOTICF The City of Homestead proposes to adopt the following Ordinances AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE 1 GENERALLY' SECTION 301 DEFINITIONS TO AMEND AND CREATE DEFINITIONS RELATING TO COMMERCIAL DEVELOPMENT STANDARDS AMENDING ARTICLE R ADMINISTRATION DMSION 2 PROCEDURE FOR ZONING AMENDMENTS SPECIAL EXCEPTION PERMITS PLANNED UNIT DEVELOPMENT SUBMITTAL, AND VARIANCES TO MODIFY THE COMMERCIAL DEVELOPMENT APPLICATION AND REVIEW PROCESS AND TO MODIFY THE UNIFIED SITE PLAN REVIEW PROCESS AS APPUED TO COMMERCIAL DEVELOPMENTS AMENDING ARTICLE IV SUPPLEMENTAL DISTRICT REGULATIONS TO ESTABUSH NEW COMMERCIAL DEVELOPMENT STANDARDS AS DMSION 9 OF THE CITY CODE OF ORDINANCES PROVIDING FOR SEVERABILFIY PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR CONFLCTS AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE III DISTRICT REGULATIONS DMSION 12 B-2 RETAIL COMMERCIAL DISTRICT' TO PROVIDE THAT HARDWARE STORES OF 2 000 SQUARE FEET OR MORE IN SIZE SHALL BE A PERMITTED USE IN THE B 2 RETAIL COMMERCIAL DISTRICT AMENDING DIVISION 13 B-3 UBERAL COMMERCIAL DISTRICTS' TO CLARIFY USES PERMITTED PROVIDING FOR SEVERABIUTY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF CHRISTOPHER J BLUNTZER FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 042 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO LIGHT COMMERCIAL USE (LCU) LOCATED AT 140 NE 15TH STREET AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA GRANTING THE REQUEST OF PORTOBELLO ESTATES LLC FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 9 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO MEDIUM DENSITY RESIDENTIAL USE (MRU) LOCATED ALONG THE SOUTH SIDE OF SW 320111 STREET (MOWRY DRIVE) EAST OF SW 162ND AVENUE AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE SOUTH DADE CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO LIGHT COMMERCIAL USE (LCU) LOCATED ON THE NORTHWEST CORIVNNEEq R OF SW 326TH STREET (NORTH CANAL DR AND W AS LEGALLY DESCRIBED INS EXHIBIT AVA,,NUE A D PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE WEST DEVELOPERS CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO MEDIUM DENSITY RESIDENTIAL USE RU) NORTH OF SW 328TH STREET (NORTH CANALADRTED WEST OF SW 162ND AVENUE, AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE A Pubi Hearing of the City Council on the 1st read rig of the Ordinances II be held Monday April 17 2006 t 710 p.m rid the tad reading on Monday May 1 2006 at 700 pm the City Council Chambers located at 790 N Homestead Boulevard Homestead Florida. Both of these are rig lar scheduled meetings. The proposed Ordinances may be inspected by the public at th office of th City Perk, 790 N Homestead Boulevard Homestead Florida, between the hours at 6'00 m to 5.00 p 01. Monday thin Friday. Interested parties may appear at Me Public fbamg and be head with respect to the proposed Ordinances Persons with disabilities requiring accommodations in order to participate th public tearing should contact the Office of the City Clerk t 790 N Homestead Boulevard, Homestead Florida, telephone number 3051224-4442, not later than one business day prior to such proceed ngs. R perso decides to appeal any decision made by the City Council war respect to any matter considered at meeting or hearing that person wit need record of the proceedings and for such purpose, may need to ensure that verbatim record f the proceedings made which nClides the testimony and evidence pan which the appeal is t be based SHEILA PAUL SHEDD CMC CITY CLERK 1 METRO & STATE Gulf C st would d m ggr f d 1 d readying f the Jun 1 start f th hum ane season. I think m part ar re dt than the s, Ch rt ff t Id The Assoc ted Press. I think th h b great wake- p alt Stat and local ffictal wh met with Chert ff f an hour 1 g discus said th y did t want th F d al Em gency Manageme t Age yt rtake p b ht f th g d mg y respo der But th y urged Ch rt ff t re amp f d al plan t se d aid quickly to disast sites. I think th h 1 1 ng th t w really d t w k aid J hn D e - burg di ect f Maryland mg y m gm t a8'enY The y t m will t w k 1 w 1 m f these. Many f th q t f help boiled d wn t money Ch t ff m tly I t d during th discuss' and did t mmtt y pe f financial aid f st tes local uth nti FEMA and th H m land S cur ty D partm t anti pt revs wing ll st t m ge cy Land cuati plans by Jun Add t Ily H m land M am Herald tom 1 THE MIAMI HERALD S urty t tag t wn re ponse plan and abiht es in fi Gulf Coast rase at m th. Th dep rtm t will am t p-1 1 ffi t se the fed a1 re po se in 13 East C tandGulfC t tt bef re th st rm seaso hit In another d vel pment out fth burn an of th he d fth N t al Hur- n an C t m Miami aid f ec t h dec d d t dd 28th st rm to the record b along 2005 season. Upo forth w f m ths- ld w th ec d th te dd d an unnam d subtropical torm. Th can us t mb fly popped p arly Oct b dmand dar dth Az s, the land has w t f PortugaL Its t p winds reached bo t 52 mph b t t was far fr m nasal t p al w t and w t immedi t ly unted as tropical storm. F ecast dec d d t had t p al har t n t and hould be m hided with m re notable names such as Katrina, Rit and Wilma. Th md tm bumped th t tal fr m wh t h d bee record 27 storms t 28 t direct Max M y field sand W dnesday The Id reco d f 21 t rms was set m 1933. SHARING NATURE'S SECRETS K t P 12 I ft d St pha P 6 fr m th J t For K ds Academy moment Wed ed y t Sec t Wood P k Da Bea h d m ged by H rr VILLAGE OF KEY BISCAYNE Office of the Village Clerk NOTICE OF PUBLIC HEARING OF THE LOCAL PLANNING AGENCY CONSIDERATION OF PROPOSED EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN FOR RECOMMENDATION TO THE VILLAGE COUNCIL The Village Council of the Village of Key Biscayne sitting as the Local Planning Agency will hold a public heanng on Tuesday Apnl 25 2006 at 7 00 p m in the Council Chambers located at 560 Crandon Boulevard Key Biscayne Flonda, to consider a proposed Evaluation and Appraisal Report for recommendation to the Village Council A copy of the proposed Evaluation and Appraisal Report may be obtained at Village Hall Office of the Village Clerk 88 W McIntyre Street Suite 220 Key Biscayne Flonda 33149 Interested parties may appear at the public heanngs and be heard with respect to the proposed item 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 W McIntyre Street Suite 220 Key Biscayne Flonda 33149 telephone number (305) 365 5506 not later than two business days pnor to such proceeding Should any person desire to appeal any decision of the Local Planning Agency with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (FS 286 0105) Conchita H Alvarez CMC Village Clerk urea uruw9niwa tlEAAio fir Fort L derd I h w m W Im b t ecently eope d TANKER TRUCK CRASH Trucker charged with four deaths A tanke tin k do h be harg d with hicular h modem fiery 2005 crash that lulled four people an Ind g th m the and un 1 f W hi gt C p tal hock y star Jeff Halpern. Fl vs F Sanhst ban 33 f H 1 h, turn d himself Wd d y t th Fl d H ghw y P t 1 ff D vt aid FHP Sgt Jam Robmson. The Fl al Oil truck arry mg 9 000 gall ns flue! driven by S t t b rturn d F b ll 2005 amp tth int se h fI t rst t 595 and Fl rid Tumpik crash mg t 2003 F d arrymg th f u t m Th f m lted aluminum guardrails. The victims w re Halpern m th 56 y ld Gl n Halpern f Pot mac Md. he b th 52 y Id Al KI in and ht wif 49 y r- IdDbb KI bth f Ch y Hill N J and Amt Epstein, 83, (Coco t Creek. Records show th t Santiste- banhd ec ed tI t10 traffi citations since 2002. Fl val Oil f Miami ssued t t m t in whi h mpany ff al aid they w baf fled by the charge It said the mpany d pp t d th t the ash bemg tr t d as anything but an accnd t. W beh th t wh all f the facts f this ase are pre - se t d m urt f 1 w San test ban will be vindic ted. COURTS Holocaust museums get settlement money BY JAY WEAVER lwea er@ tarn cm An ar hi f d and and t docum tang the f t f Hu gar J w th H I ust will be st bh h d t museum th U t d St t and I 1 thanks t $500 000 all t fr m th settlm t f M am 1 ss act ase. Th m y will b Ott betw th US H 1oc u t M m nal Museum in W h mgt and Y d Vash m I 1 H loc ust Martyr and H R m mb A thnty A ludg der d th alloc ti last week, based punt plan by 1 wyers fo Hungarian H 1 ust urn d th US go ernm t. Th 1 w wt t mm d from th all g d m h dl gf p 1 p p ty th t b 1 ged Hunganan J w the so -call d Gold T sun. It consisted f about 24 freight ar 1 ded with h al bl 1 w lry rug and paintings th t h d bee st I f m Hungary J w during W ldWar IL Th U.S military took cus- tody fth tram m A stn t th war end. Th wt all g d th t th military m pprop t d he train co te t I settlem t reached last f 11 th US g m 1 greed t p y S25.5 milho bt dmdanylgalhbilty— th gh t did pology h kn wl dg d t mit y ff f Id t dh t U S restitutio l w the Miami Herald CI Nuevo Herald www herald com www elherald com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared OLGA L ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami m Dade County, Florida that the attached copy of advertisement was published m sayd A ' newspaper m the issues of -7—#6 ,,,41/22/ c),,e4e. io et, /9 Sez.?, re"( ,„ —7771-10/S 14 Y, "4//-5/612 Affiant further says that the said The Miami Herald is a newspaper published at Miami, m the said Dade County Flonda and that the said newspaper has heretofore been continuously published m said Dade County, Florida each day and has been entered as second class mail matter at the post office m Miami m said Dade County Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he has neither paid nor promised any person firm or corporation any discount rebate, commission or refund for the purpose of secunng this advertisement for publication m the said newspap - rs(s) Sworn to a subscribed befor me this day of My Commission Expires , 2006 Notary � ti1r 0 ,yo ties T� b'16 t 4 q� le�i�L i6Z `90 �9C (-writ Join it D14617) Expires Oct 0742006 0� Bonded Care 4 � „ �' � Y Atlantic Bonding CO -yin& 1 Client Name 731998701 Ad Number Q) 731998701 Insertion Number Section/Page/Zone Metro And State/B8/Brow 0 CL Q) 0 O T c N m Q) Q Q) O N CO U O qcti O 8B 1 THURSDAY APRIL13 2006 BRO BONITA SPRINGS 10 protesters fired BONITA SPRINGS — (AP) — A t urant ion fir d t l t 10 mpl yee thi w kafte th y fail dt h w pf w k bec use th y w p t t g t immtgratl alp Chart Bohl y o -owner f Rod F hand Fan y Restaurant and Seafood Mar- k t aid all taff m mbe h d air dy be mf rmed tiro gh Spam h and Engle h mm thtiftbydid t sh w pf th ir scheduled hilt M dythywuld 1 se th ir j b Th N pl D ly N w p t d Wednesd y Thy uld ha g ni th m ring d m b ck t w k prot steel m their h t B hl y d I d tand wh t th y ar d mg but they uld h p t t d an th w y and t ac if d good job I h ve business to run. M st f the night kit h taff did t hw p and B hl y aid som d y taff rs h d t wok that night S m f th mpl y wh w fu d had w iced t th t urant f ght m y ar and an d m than $10 an hour he said. Th re was anyo ymgth yw re tgoing t hw p h aid. CITY OF HOMESTEAD PUBLIC NOTICE The City of Homestead proposes to adopt the following Ordinances AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE I GENERALLY SECTION 301 DEFINITIONS TO AMEND AND CREATE DEFINITIONS RELATING TO COMMERCIAL DEVELOPMENT STANDARDS AMENDING ARTICLE II ADMINISTRATION DMSION 2 PROCEDURE FOR ZONING AMENDMENTS SPECIAL EXCEPTION PERMITS PLANNED UNIT DEVELOPMENT SUBMITTAL, AND VARIANCES TO MODIFY THE COMMERCIAL DEVELOPMENT APP1JCATION AND REVIEW PROCESS AND TO MODIFY THE UNIFIED SITE PLAN REVIEW PROCESS AS APPLIED TO COMMERCIAL DEVELOPMENTS AMENDING ARTICLE N SUPPLEMENTAL DISTRICT REGULATIONS TO ESTABLISH NEW COMMERCIAL DEVELOPMENT STANDARDS AS DIVISION 9 OF THE CITY CODE OF ORDINANCES PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE III DISTRICT REGULATIONS DMSION 12 B-2 RETAIL COMMERCIAL DISTRICT' TO PROVIDE THAT HARDWARE STORES OF 2 000 SQUARE FEET OR MORE IN SIZE SHALL BE A PERMITTED USE IN THE B-2 RETAIL COMMERCIAL DISTRICT AMENDING DNISION 13 B-3 LIBERAL COMMERCIAL DISTRICTS TO CLARIFY USES PERMITTED PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF CHRISTOPHER J BLUNTZER FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 042 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE p.m TO LIGHT COMMERCIAL USE (LCU) LOCATED AT 140 NE 15TH STREET AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CRY OF HOMESTEAD FLORIDA GRANTING THE REQUEST OF PORTOBELLO ESTATES MC FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 9 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LBW TO MEDIUM DENSITY RESIDENTIAL USE (MRU) LOCATED ALONG THE SOUTH SIDE OF SW 320TH STREET (MOWRY DRIVE) EAST OF SW 162ND AVENUE AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE SOUTH DADE CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO LIGHT COMMERCIAL USE (LCU) LOCATED ON THE NORTHWEST CORNERORTH CANAL ryqOF SW 328TH STREET AS LEALL DESCRIBED IN EXHIBIT AND SW 162NDAA,NUEA D PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE WEST DEVELOPERS CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO MEDIUM DENSITY RESIDENTIAL USE (MRU) LOCATED NORTH OF SW 328TH STREET (NORTH ANAL DRIVE) WEST OF SW 162ND AVENUE, AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE A Publ Hearing of the City Council on theist reading of the 0rdnances will be held Monday April 17 2008 t 790 p nit the 2nd reading on Monday May 1 2008 at 790 pm i the City Council Chambers located at 790 N Homestead Boulevard Homestead Florida Both of these are regular scheduled meetings. Th proposed Ordinances may be inspected by the public at th office of th City Cork, 790 N Homestead Boulevard Homestead Florida, between the hours d 8.90 m to 590 p m. Monday thin Friday. Interested parties may appear at the PuM Hearing and be head with respect to the proposed Ordinances. Persons with disablltes requid g accommodations I order to participate this publ hearing should contact the Office of the City Clerk 1 790 N Homestead Boulevard Homestead Florida, telephone number (305) 224-4442 not later than one business day prior t itch proceedkgs 1r perso decides to appeal any decision ade by the City Council with respect t any mailer considered at meet ng or hearing that person will need record of the proceedings and, for such purpose may need 1 ensure that verbafi record of the proceed ngs made which ncludes the testimony and evidence non which the appeal t be based SHEILA PAUL SHEDD CMC CITY CLERK FLORIDA M am He ald com 1 THE MIAMI HERALD STATE BUDGET Tax coffers get a $1B boost ■ E o oml t have r.vi .d the' rev u• proj.ctio pwa d ha ding Iawmak• awindfalLTh• quo do I will they wind it or saw, it? BY GARY FINEOUT gfeieou @ laminar d om TALLAHASSEE — A h t real-est t market and co tin ued growth m busines pend mg will gi Fl nd 1 wmak w lu g th t t budg t an un xpect d wi d fall Closet $1 bilk m t pe dmth com gy ar whih tt ff ar alr dy ve fl wmg. St t mit pedicted Wd dythtt 11 t w uld gr w ni th cur retfi alyar— whihwill dJun 30—andtbe eat by $960 mill m th th y had predicted m N embe Legisl t rsalr ady pect d year f sp ding with tax collections surgi g due t th building f 11 wing ght hur and th home apses. L wmak mu t p ew tate budget by M y 5 E bef Wdn dy w t m t l wmak xpectedt pe d aim t $71 b 1 in th b dg t y ar beginning July L Th t alm t $8 b ll m re than in thi yar bd Bet WHERE TO SPEND IT' But the addit f an the $1bll wllb g ddd pre ure during an lect y ar and fu 1 dbt wheth them y h uld be used fo schools, tax cuts t help h meown rs with lasing insurance bills B th Dm t d Republ ans quickly Mined in W do sday what hould be done with th xtr ash. St t Chi f Financial Off T m Gallagher ftwo R pubh ans running f go pe t d his all th t The budget breakdown Last y ar Flond legtsla- t p d $63bl1 b dg t th t red th 12 m tbs through Jun 30 F th 2006 07 budg t y ar wit h will begin July 1 thy p td t p dalm tS71bB Th final am unt will be d t mined by M y 5th 1 td y fth 1 gist t sessi n. Here the budget math. Th $70 b 11 pl budget includes m y col - 1 t d fr m Fl nd taxp y th f m f al tax b t t also fl t fd alm yth tt ec f uhtm t an port ti and M di aid. Th pnmary sour f tat m y is th t t 6 pe t al tax whi h deposited m what is kn wn the st t ge al re e - fund Thi fund also dud m yf m r porate income tax as well st to tax al t t transact' ns The rest f the t t budget is an d pf m y f m th fd al go rnm t hodg podge f th t t tax d m y th t th st t bo own 1 wmak use som f th b dget urplus, project d t alm t $5 bins n, t se the d f t C t P prty Insurance. The state-cre ted insurer f 1 t sort whu h by 1 w an h tfall by ss sing all h meowners in the tat — regardless fwhethe th y ar dbyCu ns — h bee hard hit by th p st tw hurricane seasons. H 1p g C t w uld "Would yon, lila sane conics with yaw mffeer \cthmy the hate ib twabfw Maa The M sea Ikndd Mowed 1 800-441-0444 ,0400411 VILLAGE OF KEY BISCAYNE Office of the Village Clerk NOTICE OF PUBLIC HEARING OF THE LOCAL PLANNING AGENCY CONSIDERATION OF PROPOSED EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN FOR RECOMMENDATION TO THE VILLAGE COUNCIL The Village Council of the Village of Key Biscayne sitting as the Local Planning Agency will hold a public heanng on Tuesday Apnl 25 2006 at 7 00 p m in the Council Chambers located at 560 Crandon Boulevard Key Biscayne Flonda, to consider a proposed Evaluation and Appraisal Report for recommendation to the Village Council A copy of the proposed Evaluation and Appraisal Report may be obtained at Village Hall Office of the Village Clerk 88 W McIntyre Street Suite 220 Key Biscayne Flonda 33149 Interested parties may appear at the public heanngs and be heard with respect to the proposed item 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 W McIntyre Street Suite 220 Key Biscayne Flonda 33149 telephone number (305) 365 5506 not later than two business days pnor to such proceeding Should any person desire to appeal any decision of the Local Planning Agency with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (FS 286 0105) Conchita H Alvarez CMC Village Clerk St t m t W dn sdy stimtdthat Fl nd will h $316 b 1 h in t ge al ue fuddngth mg year $4.8 bilho more than chi fiscal year Th t 548 b11 m 1 d p lecti th t Fl nda will collect $3 9 oil h m in tax dur g th ur tbdgetyar than p eels t d year go plu 5600 milli f the ming budg t year pl 5310 milk in wing Medicaid xpenses. B t the projected verall spe ding increase in lud d m thi yar budg t is R ju t d t m al tax m y Oth so f the larger budget. Lgilt plant borrow m yt spa d p t $11 bills t build w school and 1 sroom d t mply with the st t lass -size reduct constitutional amendment Addit al tax 1 1 t d f m t l ty bill such as electricity and tele- phone services Add t al ue frmgsol t and federal transportatlo aid — GARY FINEOITI' shce some f the higher insu r- an t petted t hit all homeowners in Florida. Thu t bail t f Ctze —thi t 1 f fo Flond homeowners, said Gallagher R p Chr Sm th D F rt Lud dal aid 1gult h uld se th wf u d m yt p y f l d tuns yingRpbh an hdfiledt set d ugh f th equir m t GALLAGHER SMITH imposed by voters m 2002. Th p posed H se bud get has mo than $3 bilk fo I ss- ill reducti th S to budg t ha ughly $2 b 1 h — though Senat R pubh an say thy t d t set sid an ddit al $1 b ll bef re the end f sess n. I t t m t Smith, th Hu Dmoc t 1 d said. "Each year[Repubh awl b k h m f l ttempt to cixcumve t the will f th vot s. Thi year th y hould find the pol t al will Floridians are looking f and take ry penny f thi w m yand p t t d f ducmg the six f Fl nda pubh school lassrooms. PUSH TO SAVE B t some legisl lave le ders said Wedn sd y their top pn tyf th xtr ash would b t av tf th future especially since the state real t t mark t is pect d t ve tually ool ff and return to normal levels f growth. E m t Wd dy warned th t th ir p di t assum soft landing but that they could be wrong. R p bl b dg g requires that we fund not my f t dy but also plan and p par f tmrrw said Rep. Marc R b the Miami R pubh an m hn t bec m House speaker late thi year Add S t P d t T m L t t m t Additi nal re u alw ys good news. I hope that w will be able to deposit the majority fth se ewd liar ni Fl n da savings account. FALSE CLAIMS INVESTIGATION Judge roasts Crist in Convergys case ■ Days aft. Flo Ida' attorney g• oral de hied to take a politically hall•ngl g false -claims a • against a inn • tial ompa y the judge I the ase hasthr•at• .d sa [ions agal st his office fo fail g to follow procedure BY MARC CAPt1TO mcaputo@M m Hen Id om TALLAHASSEE — A pow erful new voice has joined the t q t g th wy Fl d Att y G 1 Charh Cn t h handl d an m hg t t th tat largest CRIST pre t t t t Th j dg th rse. I harplyw ded d 1 d Wdnsdy L C unty C rcuit Judge Thoma H B t man d mand d th c C t ff 1 ly how 'why thi court hould t impose ant against t b th ff impeding ht manag me t f th se H also aid C t ff has d tit g t mply with Fl d l w urt rul egardmg false hum m t g t t th gl bal firm Co rgys. C rgys w nine-year 5350 milli human- sourc co tract from the stat m 2002 ththa ldt bdp bh ty t t t ubl lax secur ty and an d tity th ft rr t Th hart f tht w ase gain t C ve gy The mpany all gedly m d false laims that t could confi h t Ily and mp t tly t ah and mp t t t mpl y pe 1 eco ds. Th se b g wh C gy wh tl bl w fil d th false -claim 1 wsnit th t pe suaded Cns ffice t nit ry B tj [alt C t gr d t p se th as br ff failed t f ll w th p pe urtp ocedur ve wh t docum t t fl and when, di g t tw rul mgs issued by Bateman. Th j dg t d un sual m by C t th decal to fil wh t the judge ailed an alleged mergen y moti t unseal conf d t al oust recd ds S turday A county judge w king th weeke d unfamil ar with th se sued ruling t make the reco 4s public B te- man t d m an Apnl 5 dec 5100. A poke w man f C t said th ff w f ll wing pp p oc dur and d ag eed with B t man ce ns, but th t t would b d by whatever he requests C gy w tt states t, said t had commit ted wr gd mg h dm t t tractual bhgat and had strong customer satisf c - do results. But th mp y h rece ved unfl ttenng atte tso f 11 rvi g highp fil t u bl l ding Dec mbe dit that f and lax secur ty nfd t al d f t t mpl y lud g Crest and Go J b Bush. Nwth trobl fC rgys ha bec me th tro bl f Cn t, wh th fro t runn m th f g Cnst poluti al ppo is ar tryi g defin him d th g bhld t magi corporation. L t m th D moc t bashed th R p bh an tt ney g ne al whe he declm d t take p anothe false -claims mvestigatt into Co rgys sub t t tht llgdly all w dw k I di t vi w the conf de t al ds f many 100 000 t t workers Wh tl bl w S m McDowell filed an ethi com plaint allgt gC tw t ggr ly purs g C gy bec use t p 1 bbyt t f the company was also an dvi so f Cn t ampaign. Cn t dismissed th complaint Pillage of Bev Biscayne Master Plan Evaluation and Appraisal Report Prepared with the assistance of Wallace Roberts & Todd, RC Acknowledgements Village of Key Biscayne Residents, Property Owners, and Business Owners Vision Plan and Evaluation and Appraisal Report (EAR) Committee Edward Easton Chair Alan Fein Vice Chair Luis Arrondo Milt Berg Willie Borroto Martha Broucek Frank Caplan Bonnie Cooper Nancy Doke -Harrison Rachel Fried Village Council Dr Henny Groschel-Becker Matthias Kammerer Debborah de Leon Dr Bob Maggs Dr Jorge E Mendia Edward Meyer Ana Rasco Veronica Scharf -Garcia Robert Oldakowski, Mayor Robert L Vernon, Vice Mayor Ennque Garcia Councilmember Stephen Liedman Councilmember Jorge E Mendia Councilmember Thomas Thornton Councilmember Patricia Weinman Councilmember Village Staff Jacqueline Menendez Village Manager Jud Kurlancheek, AICP Director of Building Zoning and Planning Stephen Helfman, Weiss, Serota Helfman et al P A Conchita H Alvarez CMC Village Clerk Consultants Wallace Roberts & Todd LLC VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN March 2006 Table of Contents Letter of Transmittal Village Council Adoption Resolution Executive Summary 1 3 4 1 Introduction 7 a Master Plan and Initial EAR 7 b Profile of the Community 7 c Purpose of the EAR 9 d Summary of EAR Requirements and Process 9 e Process of Public Involvement 11 f Key Biscayne 2020 Vision 12 2 Community -Wide Assessment 21 a Population Growth and Changes in Land Area 21 b Ethnicity and Race Components 22 c Population Projections 23 d Extent of Vacant and Undevelopable Land 25 e Location of Development in Relation to Master Plan 27 f Infrastructure Levels of Service 29 g Coordination of Land Use and Public School Planning 33 h Coastal High -Hazard Area Development Mitigation Strategies 35 3 Assessment of Master Plan Elements 37 a Future Land Use 37 b Traffic Circulation 44 c Housing 47 d Infrastructure 49 e Conservation and Coastal Management 51 58 Wallace Roberts & Todd, LLC 1 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN f Recreation and Open Space 60 g Intergovernmental Coordination 62 h Capital Improvements 65 4 Major Local Issues a Definition, Preservation and Enhancement of Key Biscayne's Unique Village Character and Quality of 67 Life b The Need for Additional Local Parks, Recreation 69 Space and Open Space c Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and Virginia Key - Interlocal Cooperation 74 Relative to Village Issues 76 d Traffic Volume, Operations and Safety 80 e Implications of Redevelopment 87 f Sustainability of Local Retail and Services g Vulnerability to Damage from Tropical Storms and 89 Hurricanes 92 h Need to Improve or Replace Infrastructure 96 1 Implications of Debt Cap j Conservation, Coastal Management and 97 Environmental Protection k Land Development in the Context of Master Plan 99 Goals, Objectives, and Policies 1 Historic, Cultural and Educational Resources and 101 Needs 5 Consistency with Florida Growth Management 103 Laws 103 a State Comprehensive Plan, Chapter 187, F S b Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163 110 (Part ll), F S 136 c Rule Chapter 9J-5, F A C 162 d Strategic Regional Policy Plan for South Florida 165 6 Conclusions and Recommendations Wallace Roberts & Todd, LLC 11 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN TABLES Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table 11 Table 12 Table 13 Table 14 Ethnicity Change in Key Biscayne and Miami -Dade County 1990- 2000 Nativity and Place of Birth, 2000 Annual Average Change Population Projections for Key Biscayne and Miami Dade County 1990 to 2025 Population Projection Comparison Between Key Biscayne and Miami -Dade County Key Biscayne Residential Building Permits, April 2000 - April 2005 Key Biscayne Commercial Building Permits, April 2000 — April 2005 WASD Water System Capacity and Demand Comparison 1995-2020 Key Biscayne Parks and Recreation Level of Service Parks and Recreation Facilities Counted in 2005 Level of Service Calculations Median Household Income by Household Size in Miami -Dade County Affordable Housing Demand in Key Biscayne Projected Demand of Renter- and Owner -Occupied Units by Income based on AHNA Data Substandard Housing, 2000 Sanitary Sewer and Water Conversion Project Progress FIGURES Figure 1 Key Biscayne Future Land Use Map Figure 2 Key Biscayne Zoning Map Wallace Roberts & Todd, LLC 111 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Letters of Transmittal 2006 Robert J Daniels AICP South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hollywood FL 33021 Re Adopted Key Biscayne Evaluation and Appraisal Report Dear Mr Daniels Enclosed is the adopted Village of Key Biscayne Evaluation and Appraisal Report This package contains the following 3 copies of the adopted EAR 3 copies of the resolution adopting the EAR by the Village Council 3 copies of the advertisement for the adoption hearing 3 copies of the minutes of that adoption hearing The public hearing for adoption was held on , 2006 A copy of Or s being sent to Department of Community Affairs Florida Department Transportation DiAr South Florida Water Manageme Florida De rtment of Ergo Florida _ ent o Flora Flop These packa questions regarding g y Withrow Jud Kurlan Key Biscayne' �1 f Building Planning and Zoning 88 West McIntyre Street Key Biscayne FL 33149 Tel 305 365 8908 Fax 305 365 5556 VKBBZPaaol com cne tt ly with this transmittal to your agency If you have ontact me or our consultants Silvia Vargas or Lindsey Lindsey Withrow and Silvia Vargas Wallace Roberts Todd 191 Giralda Avenue Penthouse Coral Gables FL 33134 Tel 305 448 0788 Fax 305 443 8431 Iwithrow(a,cq wrtdesiqn com svargas(ccq wrtdesiqn com The report has been posted for public review at Key Biscayne Village Hall (88 West McIntyre Street Key Biscayne FL) Key Biscayne Public Library (299 Crandon Boulevard Key Biscayne FL) and the Key Biscayne Community Center (10 Village Way Key Biscayne FL) between A M and P M weekdays Please notify us at your earliest convenience regarding the completeness of this package Sincerely Jud Kurlanchek Director of Building Planning and Zoning Wallace Roberts & Todd, LLC 1 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 2006 Charles Gauthier AICP Florida Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 Re Adopted Key Biscayne Evaluation and Appraisal Report Dear Mr Gauthier Enclosed is the adopted Village of Key Biscayne Evaluation and Appraisal Report The package contains the following 3 copies of the adopted EAR 3 copies of the resolution adopting the EAR by the Village Court II,j 3 copies of the advertisement for the adoption hearing 3 copies of the minutes of that adoption hearing The public hearing for adoption was held on �; 8 op the sent to Florida Department Trarpo ii Sog Reg '1 n t t So Florida These pa questions to Tote dtion ri I Preservati6n a(e Fish Commission 'culture ed EAR is being eing sent simultaneously with this transmittal to your agency If you have g the EAR please contact me or our consultants Silvia Vargas or Lindsey Withrow Jud Kurlanchek Key Biscayne Dept of Building Planning and Zoning 88 West McIntyre Street Key Biscayne FL 33149 Tel 305 365 8908 Fax 305 365 5556 VKBBZP c(�,aol com Lindsey Withrow and Silvia Vargas Wallace Roberts Todd 191 Giralda Avenue Penthouse Coral Gables FL 33134 Tel 305 448 0788 Fax 305 443 8431 Iwithrow@cq wrtdesign com svargas(cr�cq wrtdesign com The report has been posted for public review at Key Biscayne Village Hall (88 West McIntyre Street Key Biscayne FL) Key Biscayne Public Library (299 Crandon Boulevard Key Biscayne FL) and the Key Biscayne Community Center (10 Village Way Key Biscayne FL) between A M and P M weekdays Please notify us at your earliest convenience regarding the completeness of this package Sincerely Jud Kurlanchek Director of Building Planning and Zoning Wallace Roberts & Todd, LLC 2 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Village Council Adoption Resolution [to be inserted] Wallace Roberts & Todd, LLC 3 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Executive Summary The Village of Key Biscayne Master Plan was adopted on September 12, 1995, and accepted by the Department of Community Affairs on October 20, 1995 Preparation of Key Biscayne s first Evaluation and Appraisal Report (EAR) reveals that the Village has diligently implemented the Master Plan s goals policies and objectives with few exceptions The EAR Process Key Biscayne s first EAR was prepared and adopted pursuant to Florida Statutes, Section 163 3191 This EAR was developed a Council -appointed committee of residents referred to as the 2020 Vision Plan/Evaluation and Appraisal Report Committee with the assistance of the Building, Zoning and Planning, Finance Public Works, and Parks and Recreation Department staffs, as well as the Village Manager, Village Attorneys and other Village departments, all supported by the active and engaged leadership and direction of the Village Council In addition, consultants engaged by the Village, Wallace Roberts & Todd, LLC provided valuable background structure and advice 2020 Vision/EAR Committee Members represented a broad array of local constituencies and viewpoints, and also added relevant and valuable experience, expertise and background to the EAR process The Committee, and a sub- committee selected to address issues related to the EAR in particular, met more than a dozen times over a period of 10 months to complete this task Each Committee and Sub -Committee meeting was open to public attendance and comment Further, the Committee reached out actively to the community at large, and implemented a vigorous public participation program in addressing the EAR The result were vigorous, informed and wide -reaching debates, touching on virtually all aspects of the Master Plan, and on residents individual and collective sensibilities about Key Biscayne, and future challenges and opportunities This EAR was undertaken simultaneously and on a parallel track with a local `visioning' and planning exercise referred to as '2020 Vision" The 2020 Vision exercise and EAR work were mutually interconnected and supportive The work and focus of each informed the other The 2020 Vision Statement was adopted by the Village Council as an exercise in self-criticism and self -definition, and as a source of guidance for at least a fifteen year time horizon The 2020 Vision Statement is printed in full in the EAR and its tenets and possible planning implications remain under consideration for possible inclusion in future Master Plan amendments Wallace Roberts & Todd, LLC 4 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN EAR Findings The EAR addresses the inquiries and follows the requirements specified in Florida Statutes, Section 163 3191 manifesting particular attention to the list of Major Issues presented to the Florida Department of Community Affairs (DCA) in a Letter of Understanding on March 7, 2005 and incorporating recommendations included in the DCA's response Following an introduction, which includes a reprint of the 2020 Vision Statement, the EAR assesses current and projected conditions and changes in the community since adoption of the 1995 Master Plan Key points include • While Key Biscayne is an area of moderate population growth in comparison to other municipalities in Miami -Dade County, its growth rate is dropping and its population is predicted level by 2010 according to Miami -Dade County projections • The percentage of people over the age of 65 has dropped over the past decade as the number of family households with children under the age of 18 has grown In the report's evaluation of the coordination of land use and public school planning, it found that increased County -wide demand on educational facilities and services emphasizes the need for cooperation and synchronization between jurisdictions • No land has been annexed, no land is available for annex, and no vacant lots remain in Key Biscayne Future growth will occur in the form of redevelopment The composition of the Village will continue to evolve as older housing stock is knocked down and replaced by larger dwelling units, a trend that is evident today and likely to continue until around 2047 • All new construction and redevelopment since 1995 has occurred in accordance with the Future Land Use Map and complies with FEMA and Coastal High Hazard Area regulations • Assessments of current and forecasted infrastructure levels of service for transportation, sanitary sewer and potable water, and solid waste management reveal facilities adequately equipped to meet predicted demand and emphasize the need for continued interlocal cooperation The EAR then analyzes in detail each element of the 1995 Master Plan including successes impediments and status, taking into account past implementation, pending work and changed conditions Overall, the Village has very successfully implemented the Plan, either already completing projects or on track to do so As a prelude to specific Master Plan amendments proposed in the EAR we then analyze our principal local issues from today s perspective but also in terms of the 1995 Master Plan objectives policies and goals These issues include Wallace Roberts & Todd, LLC 5 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Definition, Preservation and Enhancement of Key Biscayne s Unique Village Character and Quality of Life • The Need for Additional Local Parks, Recreation Space and Open Space • Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and Virginia Key - Interiocal Cooperation Relative to Village Issues • Implications of Redevelopment • Traffic Volume, Operations and Safety • Sustainability of Local Retail and Services • Vulnerability to Damage from Tropical Storms and Hurricanes • Need to Improve or Replace Infrastructure • Implications of Debt Cap • Conservation, Coastal Management and Environmental Protection • Land Development in the Context of Master Plan Goals, Objectives, and Policies • Historic, Cultural and Educational Resources and Needs We then consider the extent to which our Master Plan is consistent with other Florida growth management laws, based on changes since 1995 The Master Plan is substantially in compliance with relevant changes, where not, recommendations to the Master Plan have been suggested Finally, we address our conclusions and various recommendations for Master Plan amendments In addition to updating dates, removing obsolete policies and objectives, and making modifications to the Future Land Use map, our recommendations include • Undertake studies of traffic congestion and levels of service • Place a greater emphasis on the Village s commitment to exploring innovative solutions for the provision of affordable housing, • Explore new ways to integrate green technologies into public facilities, and • Consider means of revenue -raising to support public trust acquisition of recreation lands and open space and preservation of historic landmarks We conclude by highlighting the ongoing nature of this work as we continue discussion about our 2020 Vision and related ideas to protect and improve the characteristics of and aspirations for Key Biscayne that we have identified as defining and valuable Wallace Roberts & Todd, LLC 6 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 1 Introduction a Master Plan and Initial EAR The Village of Key Biscayne was incorporated on June 23, 1991 Previously, the community was part of unincorporated Miami -Dade County The Village of Key Biscayne Master Plan was adopted by the Village Council, by Ordinance 95-8, on September 12, 1995, and accepted by the Department of Community Affairs on October 20, 1995 In anticipation of incorporation, committees of interested residents actively studied Key Biscayne and growth management principles beginning in approximately the fall of 1990 Active public participation resulted, focusing especially on various qualities that were thought to define Key Biscayne as it was in the past, as it had become, and as it could be in the future Broad public interest in these questions continues today This is Key Biscayne s first Evaluation and Appraisal Report (EAR), developed pursuant to F S , Section 163 3191 This EAR was developed with the active participation and assistance of a committee of residents appointed by the Village Council, called the 2020 Vision/EAR Committee, and other residents, as well as Wallace Roberts & Todd, consultants to the Village b Profile of the Community Bounded by Crandon Park to the north and Bill Baggs Cape Florida State Park to the south, the Village of Key Biscayne occupies approximately 1 5 square miles1 in the center of Key Biscayne, the southernmost sandy barrier island in a chain of islands extending along the Atlantic coast of the United States The island's deep sands overlying coral rock differentiate Key Biscayne, positioned just southeast of downtown Miami, from the rocky Florida Keys and support distinctive beach, dune, hammock and mangrove ecosystems Due to its relatively low elevation and direct exposure to the Atlantic Ocean, Key Biscayne is in a high -risk flood zone, it is classified by FEMA as flood elevation AE and often one of the first areas in Miami -Dade County to be evacuated in a storm emergency The only vehicular access to and from the mainland is via the four -to -six lane Rickenbacker Causeway The Village has experienced storm damage in the past, most recently as a result of Hurricane Wilma in October 2005 ' Land area covers 1 28 square miles water area covers 0 12 square miles with a total incorporated area of 1 39 square miles Wallace Roberts & Todd, LLC 7 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN The transformation of Key Biscayne from a coconut plantation into a quiet Miami bedroom community bordered by parks began with the dedication of the first Rickenbacker Causeway (a drawbridge) and Crandon Park in November 1947 The southern two-thirds of the island were platted in several subdivisions with different lot sizes and restrictions The Mackle Construction Company and other developers built hundreds of modestly priced one-story homes in the 1950s and 1960s that were purchased primarily by WWII veterans and young families The Mackles built an elementary school and Key Biscayne Hotel and Villas, which catered to tourists The southern third of the island escaped development and became Cape Florida State Park in January 1967 Key Biscayne received international attention in 1969 when then U S President Richard Nixon established his Florida White House complex on the bay side of the island The publicity of Presidential visits through 1973 sparked awareness of Key Biscayne as a destination An increase in development and real estate value was triggered by the 1987 opening of the high -span William Powell Bridge, which replaced an existing drawbridge By the late 1980s, Key Biscayne had become a mature suburb within unincorporated Miami -Dade County known for its quiet natural beauty and small-town character The Village of Key Biscayne was incorporated on June 23, 1991 after nine years of citizen effort toward self -governance The vote to incorporate capped a long effort to obtain better services from the County, improved fiscal control, and local control over growth within the Village A charter with a Council -Manager form of government was adopted to provide for local control over development, improved infrastructure and services, and better governmental process Many improvements that were desired in 1991 have been achieved through the efforts of local government as well as the determination and commitment of Key Biscayne residents The effectiveness of self -governance was validated by the creation of new, first-rate Fire Rescue and Police Departments and, by 1996, a Zoning Code tailored to meet the development needs of the Village In 1995, after years of public education and participation, the Village of Key Biscayne adopted its first Master Plan, which identified deficiencies and needed or desired improvements Many of the Plan s goals objectives, and policies have been realized In addition to excellent fire - rescue and police services, the Village has an attractive (and debt -free) Village Green, more local parks, a renourished beach with protective dune systems a vastly improved stormwater drainage system, an expanded K- 8 public school an architecturally distinguished Civic Center complex a new, highly -used Community Center reduced Village -wide speed limits street -by -street tree plantings and landscaping street lights and pavers Wallace Roberts & Todd, LLC 8 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN sidewalks, landscaped traffic calming devices, and the lowest millage rate of any municipality in Miami -Dade County The Village of Key Biscayne in 2005 enjoys outstanding natural beauty and the best of both worlds a sense of separateness as a serene, secure island sanctuary coupled with convenient access to services, activities and amenities on the mainland Key Biscayne s popularity as a destination for both daily and seasonal tourists will continue Residential, commercial and hotel properties are largely built out, yet the community is changing again via redevelopment c Purpose of the EAR The purpose of the EAR is to evaluate and assess the effectiveness successes and failures of a local municipality s master plan in accomplishing its adopted objectives, policies, and standards as well as to suggest ensuant changes or amendments The State of Florida's local government master planning law, Chapter 163, Part 2, Florida Statutes (F S) requires that all counties and municipalities throughout Florida maintain master planning programs to guide their long-range growth and development and that master planning should be a continuous and ongoing process As a part of this process, local governments are required to monitor numerous community characteristics relating to development, provision of services, environmental protection, and governmental activities, and to periodically prepare Evaluation and Appraisal Reports addressing implementation of the master plan Moreover, the law provides that the EAR process shall be the principal process for updating local master plans to respond to changes in state, regional, and local policies on planning and growth management, and changing conditions and trends, to ensure effective intergovernmental coordination, and to identify major issues regarding the community's achievement of its goals d Summary of EAR Requirements and Process As required by Sec 163 3191(2), F S, the EAR must address the following items 1 Major local issues as identified by the local government with input from state agencies, regional agencies, adjacent local governments and the public, and the potential social, economic, and environmental impacts of these issues 2 Location of existing development with respect to the location of development as anticipated in the Key Biscayne Master Plan as Wallace Roberts & Todd, LLC 9 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN adopted in 1995, population growth and changes in land area including any annexations and the extent of vacant and developable land 3 Effect on the Master Plan of changes to the state comprehensive plan Chapter 163, Part 2 Chapter 9J-5 Florida Administrative Code (FAC) and the strategic regional policy plan since the adoption of the Master Plan 4 Whether Master Plan objectives within each element have been achieved with respect to major local issues 5 The extent to which unanticipated and unforeseen problems or opportunities have occurred since the 1995 Master Plan adoption, or resulted in problems or opportunities with respect to the major local issues and their social, economic, and environmental impacts 6 Identification of any corrective actions or measures, including whether plan amendments are recommended, to address the major local issues identified and analyzed in the EAR 7 Coordination of the Master Plan with existing public schools and those identified in the applicable educational facilities plan adopted pursuant to Chapter 1013 35, F S , assessment of the success or failure of the coordination of the future land use map and associated planned residential development with public schools, and joint decision -making processes between the local government and the school board toward establishing appropriate population projections, and the planning and siting of public school facilities 8 Consideration of the appropriate water management district s regional water supply plan, and revision of the potable water element to include a work plan covering at least a 10 -year planning horizon for building any water supply facilities identified as necessary to serve existing and new development, and for which the local government is responsible 9 Evaluation of whether any reductions in land use density within the coastal high -hazard area impairs the property rights of current residents upon redevelopment, including that following a natural disaster 10 Process for public involvement F S Section 163 3191 further specifies the procedures and criteria for the preparation, transmittal, adoption, and sufficiency review of local government s EARs and EAR -based Master Plan amendments if any By agreement with the Department of Community Affairs (DCA), Key Biscayne s adopted EAR will be transmitted to the South Florida Regional Wallace Roberts & Todd, LLC 10 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Planning Council (SFRPC) for sufficiency review DCA will retain ultimate review authority If the EAR recommends Master Plan amendments, such amendments will be consistent with the findings and recommendations contained in the adopted EAR FS Section 163 3191 requires EAR -based Master Plan amendments to be adopted within eighteen (18) months after the EAR is determined to be sufficient An EAR is required to be completed every seven (7) years, subject to scheduling as determined by DCA This constitutes the first evaluation and appraisal of the Key Biscayne Master Plan This EAR reflects the Village's best efforts at interpreting the major issues and factors to be addressed and the scope of work contained in the Letter of Understanding between DCA and the Village (included in the Appendices of this document), as well as the Florida Statutes, Administrative Code, and other guidance documents issued by DCA e Process for Public Involvement This EAR was prepared and adopted pursuant to Florida Statutes, Section 163 3191 The EAR was developed a Council -appointed committee of residents —referred to as the 2020 Vision Plan/Evaluation and Appraisal Report Committee —with the assistance of the Village staff and consultants Wallace Roberts & Todd, LLC, as well as the support and leadership of the Village Council 2020 Vision/EAR Committee Members represented a broad array of local constituencies and viewpoints, and also added relevant and valuable experience, expertise and background to the EAR process The Committee, and a sub -committee selected to address issues related to the EAR in particular, met more than a dozen times over a period of 10 months to complete this task Each Committee and Sub -Committee meeting was open to public attendance and comment Further, the Committee reached out actively to the community at large, and implemented a vigorous public participation program in addressing the EAR The result were vigorous, informed and wide -reaching debates touching on virtually all aspects of the Master Plan, and on residents individual and collective sensibilities about Key Biscayne, and future challenges and opportunities This EAR process was undertaken simultaneously and on a parallel track with a local `visioning' and planning exercise referred to as 2020 Vision The 2020 Vision exercise and EAR work were mutually interconnected Wallace Roberts & Todd, LLC 11 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN and supportive The work and focus of each informed the other The 2020 Vision Statement was adopted by the Village Council as an exercise in self-criticism and self -definition and as a source of guidance for at least a fifteen year time horizon The 2020 Vision Statement is printed in full in the following section and its tenets and possible planning implications remain under consideration for possible inclusion in future Master Plan amendments f Key Biscayne 2020 Vision The preparation of this EAR was conducted in close coordination with an ambitious community visioning process, which began in April 2005 To ensure a fully coordinated, consensus -driven outcome, the Village Council appointed a broadly representative residents steering committee —the 2020 Vision/EAR Committee —to guide both processes The visioning process is intended to create a framework for strategic decision -making to guide the long term future of the community The 2020 Vision process began with a series of public committee and sub- committee meetings culminating in SWOT (Strengths, Weaknesses Opportunities and Threats) exercises conducted with the 2020 Vision/EAR Committee (April 11, 2005), the Village Council (June 28, 2005), and the community at large (June 9 and June 11 2005) In all, approximately 150 individuals took part in this step, providing extensive input about the community's concerns, values, aspirations, and priorities The exercises sought responses from participants on two questions pertaining to present conditions in the Village and two questions pertaining to perceptions or expectations about future conditions, as follows Present Strengths and Weaknesses • What present characteristics of Key Biscayne do we consider strengths (qualities worth retaining) and attributes that define our character and quality of life? • What characteristics can we categorize as weaknesses (problems or deficiencies requiring attention) 9 Future Opportunities and Threats • What opportunities should we seize to improve character and quality of life of the Village in the future? • Which conditions or trends can we interpret as threats to our character or quality of life which we should prevent? Wallace Roberts & Todd, LLC 12 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Although hundreds of ideas and comments were recorded a reasonably clear consensus emerged on the top priority issues in each of the discussion topics, which are summarized below KEY AREAS OF COMMUNITY CONSENSUS Strengths 1 Strong Sense of Community the island's history, the neighborliness and friendliness of its residents, an engaged citizenry, and the physical smallness of the community —create a strong sense of community self- awareness and a desirable "small-town" environment 2 Quality of Life the community s self-reliance, a safe, peaceful, and quiet setting, the beauty, environmental value, and quality of government, services and amenities contribute to an exceptional quality of life 3 Location the advantages of convenient proximity to major employment and activity centers in Miami -Dade County, coupled with the separation and distinct island identity 4 Natural setting/Environment the beauty, amenity, and environmental value of a barner island with a tropical landscape and climate, the scenic open space and dual waterfront, on the bay and ocean 5 Community Services and Facilities the elemiddle (K-8) school, Village Green, civic center, public safety, and myriad recreational opportunities Weaknesses 1 Community Facilities and Services recreational opportunities abound, but insufficient parks and playing fields and a lack of land for future public facilities deficient maintenance of the community s public spaces 2 Mobility, Transportation and Parking traffic congestion, lack of pedestrian/bike/golf cart provisions and related safety concerns, lack of connectivity between individual commercial uses, as well as between the commercial and residential areas, and issues related to what is perceived as unsatisfactory performance of existing traffic calming treatments/poor execution of traffic calming techniques Wallace Roberts & Todd, LLC 13 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 3 Growth and Development Impacts perception of excessive density the construction of new homes which are out of scale with the size of lots and with the surrounding development blocked views of the water, and overcrowded facilities 4 Changing Community a growing non-permanent/transient population the loss of island spirt which is manifest in, among other things a lack of respect for the community s public areas, apathy/lack of involvement and seeming elitism and sense of entitlement 5 Infrastructure deficiencies cited include the incomplete central sewer, the presence of overhead utilities storm drainage problems and poor road maintenance 6 Planning/Zoning/Regulations weak or ineffective planning and regulations lack of Tong -term `vision , lack of or inconsistent enforcement 7 High Cost of Living higher costs associated with living in a coastal community, from disaster insurance to construction costs increasing property values, and lack of affordable housing, all have the effect of decreasing the diversity of the community 8 Limited Range of Retail and Services in particular, the small number and variety of restaurants, the narrow range of retailers and services, and limited cultural/entertainment features and venues Opportunities 1 Parks and Open Space to acquire land for additional parks, to expand ocean/bay access, to develop trails and protect natural areas 2 Community Services/Facilities/Amenities to expand the recreation center, to build a community theater and other cultural facilities to improve education and consider a high school 3 Improve Transportation/Circulation to reduce vehicular congestion provide additional facilities/improve connectivity for pedestrian cyclists and golf carts, provide commercial area access from Fernwood and expand public transportation and traffic calming Wallace Roberts & Todd, LLC 14 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 4 Development/Redevelopment Controls to control density and intensity preserve needed services and businesses, control building scale, and improve landscape requirements 5 Community Interactions to improve communication/dialogue among diverse community groups as well as between the Village and its residents, to improve civic involvement 6 Seniors and Families to provide for elder care on island, encourage affordable housing 7 Infrastructure to improve road conditions, expand/complete the sewer system, to upgrade lighting, signage, landscaping, and stormwater Threats 1 Overpopulation/Unfettered Development rezonings to increase density, oversized homes impacting older neighborhoods, loss of `small town' character 2 Impacts of External Development excessive development/traffic generation from Virginia Key and causeway development 3 Degradation of the Environment beach erosion, pollution, and the loss of biological diversity, open space and scenic beauty 4 Traffic/Mobility/Parking congestion and delays related to the single island accessway, increased traffic, safety problems 5 Village Government unresponsive, bureaucratic, over -restrictive, fiscal limitations, lack of intergovernmental coordination 6 Loss of Community Character/Identity degraded aesthetics, loss of community spirit, factionalism, excess tourism/visitation 7 Hurricanes/Natural Threats lack of preparedness, failure to evacuate power failures storm surge 8 High Cost of Living ever -escalating property values and taxes are perceived as a potential threat to the quality of life and socioeconomic diversity of the community 9 Schools lack of high school overcrowded classrooms Wallace Roberts & Todd, LLC 15 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 10 Crime/Illegal Activity The input received through the SWOT exercises, and the resulting areas of community consensus identified in the above summary provided the "raw material' for the articulation of the Key Biscayne 2020 Vision Statement which follows 2020 Vision Statement Key Biscayne in 2005 What We Value Surrounded by parks Biscayne Bay and the Atlantic Ocean, the Village of Key Biscayne enjoys outstanding natural beauty, a compelling sense of place lush landscaping and a unique small-town ambiance that leads many residents and visitors to call it `Island Paradise" Our close proximity to metropolitan Miami -Dade County allows us to enjoy the best of both worlds a sense of separateness as a serene, secure island sanctuary coupled with convenient access to services activities and amenities on the mainland Our relaxed island style is evident in our people, our active lifestyles, and our shared enjoyment of living across the bridge" in a close-knit, nurturing community The Village is a vibrant and interactive place made more interesting by our cultural diversity, neighborliness and commitment to fellowship and community spirit The Past as Prologue Aspirations and Accomplishments The Village of Key Biscayne was incorporated on June 23, 1991 to provide for local control over development, improved infrastructure and services, and better governmental process We adopted a charter, elected our first Village Council (then called the Board of Trustees), hired a manager, and built our local government from scratch In turn, we established fire -rescue, police and other departments and adopted zoning and other municipal codes In 1995 after years of public education and participation, we adopted our first Master Plan Our Master Plan identified deficiencies and provided for many needed or desired improvements Because of our early vision planning and follow through we now enjoy excellent fire -rescue and police services a debt -free Village Green, an architecturally distinguished Civic Center complex including a well -used Community Center more local Wallace Roberts & Todd, LLC 16 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN parks, a renourished beach with protective dune system, a vastly improved stormwater drainage system, an expanded K-8 public school street -by -street tree plantings and landscaping, street lights and pavers, sidewalks, landscaped traffic calming devices, reduced Village -wide speed limits, and the lowest millage rate of any municipality in Miami -Dade County 2020 Vision Statement Keeping the "Village" in our Village Now, a decade after adopting our Master Plan, we are developing our first Master Plan Evaluation and Appraisal Report, as required by law As an interconnected exercise, we also are developing this Vision Statement as the first part of a Vision Plan for 2020 Recognizing that the 1995 Master Plan benefited from prior years of study, visioning and community participation, we sought extensive public input for our 2020 Vision, engendering lively debates We speak about ` Keeping The Village in Our Village" This means that we wish the Village to retain the intrinsically positive qualities described herein Our 2020 Vision is meant to supplement our Master Plan by communicating our values and goals and by suggesting strategies and actions to achieve those goals By implementing our Vision Plan, in the ensuing years through 2020 we will have Community Character and Quality of Life • Maintained our small-town, island character by managing the scale and density of development on a neighborhood -by -neighborhood basis • Enhanced our streetscapes, parks, civic realm and open spaces with a well -maintained subtropical plant palette suited to our island • Practiced responsible stewardship of our natural environment by protecting our tree canopy, natural habitats, beaches dunes, and nearshore water quality • Expanded our array of passive parks, open spaces and active recreation facilities through carefully directed property acquisition and redevelopment, to include small-scale neighborhood parks, a restored, protected Calusa Park with improved pedestrian access, additional playing fields and bikeways and trails Wallace Roberts & Todd, LLC 17 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Enhanced local high -quality education from early childhood programs to lifelong learning for adults, in close coordination with public and private schools • Expanded our cultural facilities activities, special events and historic preservation efforts, and provided a physical setting for a cultural center, theater and local history museum • Maintained extremely high levels of quality and responsiveness in our government departments including police fire and emergency medical services • Worked effectively with the State of Florida Miami -Dade County and the City of Miami to influence and mitigate the impact of new development on Virginia Key and of visitors to the regional attractions and parks that surround the Village • Expanded and improved visual and physical access to Biscayne Bay and the Atlantic Ocean • Recognized the positive economic impact of tourism and the role of hotels in providing amenities to residents and as community partners Sustainable Community Structure • Encouraged redevelopment of outdated commercial areas to preserve and expand local -serving retail and professional businesses and services in well -designed, accessible and interconnected centers • Attained safe, pleasant and convenient pedestrian and cycling linkages between neighborhoods, schools, parks civic and recreational sites and commercial properties • Established a well -integrated vehicular transportation system that - provides for maximum safety considerations - successfully manages traffic congestion from residents, day visitors, workers, and special events, - reduces local use of automobiles by encouraging pedestrian bicycle and golf cart transport expands transit use including off -island bus routes and on -island shuttles Wallace Roberts & Todd LLC 18 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN incorporates well -designed and constructed traffic calming applications, - improves local access to Crandon Boulevard commercial areas from Fernwood Road, and - includes a proactive street maintenance program • Upgraded our infrastructure where feasible and affordable by expanding sewer service in areas formerly served by septic systems, by replacing antiquated water pipe systems, and by burying overhead utilities People and Relationships • Encouraged volunteerism and community involvement, and included citizens as active participants in civic affairs and community service • Provided our multi -generational community with rich civic, cultural recreational and educational opportunities for children, youth, adults and seniors • Promoted effective and respectful communication among residents who have different opinions • Encouraged and provided programs and solutions by which young adults and senior citizens can remain residents of the Village Governance • Operated our government in a transparent, respectful, responsive and efficient manner, using innovative communication methods to raise citizen awareness • Managed judiciously our tax revenues, public spending, debt and capital projects, and identified clear criteria for spending priorities • Provided excellent public safety services for our residents and visitors • Maintained Village property and landscaping at high levels of excellence Wallace Roberts & Todd, LLC 19 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Effectively engaged the City of Miami Miami -Dade County and the State of Florida on regional issues that influence the quality of life in the Village • Partnered with the City of Miami and Miami -Dade County to implement a Virginia Key Master Plan that ensures environmentally sensitive development a new high school lighted playing fields and traffic mitigation along the Causeway Conclusion Changes, Opportunities and Challenges The 2020 Vision Statement is being drafted at a time of continued change in the Village of Key Biscayne The commercial properties at our Village entrance, the oceanfront Silver Sands Motel, and various apartment and condominium properties are susceptible to near -term redevelopment The ultimate use of the Village owned property facing Crandon Boulevard and the Civic Center is undetermined Starting in 2006, the existing Sonesta Beach Resort will be demolished and rebuilt Comprehensive new development is planned for Virginia Key and must be closely monitored to assure compatible uses and manageable Causeway impacts Without foresight and planning, many improvements we value and even take for granted today may not have come about We recognize the successes that came from our previous planning efforts and we will continue to plan and act for our best future The attention we give to the future strengthens our community today and helps instill in our children and neighbors a valued ethic of citizenship These are worthy goals in themselves Change is both inevitable and not entirely predictable, and `Keeping The `Village' in Our Village is not necessarily assured With this in mind, we hope the vision and planning contained in this document will be of lasting value to the Village by informing the decisions, and guiding the actions, of future residents and Village Councils Above all, we mean to preserve those values, standards and ideals that define our vision of Island Paradise Wallace Roberts & Todd, LLC 20 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 2 Community -Wide Assessment a Population Growth and Changes in Land Area The Miami -Dade County Department of Planning and Zoning (MDCDPZ) identifies Key Biscayne as an area of moderate growth in comparison to other municipalities in the County According to the U S Census, the population of Key Biscayne increased from 8,854 people and 3,831 households in 1990 to 10,507 individuals and 4,529 households in 2000 The additional 1,653 persons equate to a 19 percent growth in population, or about 1 9% per year By comparison, during the same decade the total population of the County —the eighth largest in the nation by population — increased by 316,268 individuals and 84 419 new households, a growth rate of approximately 16% The University of Florida reported the 2004 population of the Village to be 11,160, producing an average yearly growth rate between 2000 and 2004 of 1 6 percent This drop in the growth rate compared to the preceding decade mirrors an increasingly limited supply of undeveloped land on the island The average size of families in the Village increased from 2 85 persons per family in 1990 to 2 99 persons per family in 2000, the average household size grew from 2 31 to 2 47 over the same period These increases may be correlated to an overall worsening in traffic congestion, presumed to be generated by an anecdotally reported increase in the number of cars per household in the Village According the state Department of Motor Vehicles, the number of registered vehicles on in January 2006 is 10,582 The Department is currently unable to provide historical data for the purposes of comparison 2 However, the figure provided may serve as the basis for a future study analyzing the patterns in internally -generated traffic congestion Family households with children under the age of 18 grew from 939 in the 1990 U S Census to 1 404 in 2000 (approximately 32% of the total households) an increase of 465 families with children Overall the population under the age of 18 years in the Village grew by almost 55% 2 According to the DMV due to the prior configuration of its database historic registered vehicle counts derived from addresses or zip codes may be inaccurate It was possible for a vehicle to mistakenly be counted more than once the address field was associated with the customer not to the vehicle record therefore if a customer changed his or her address more than once in a calendar year the vehicle record would have been double counted Wallace Roberts & Todd, LLC 21 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN between 1990 and 2000 (from 1 646 to 2 547) Today, children under the age of 18 years represent 24 2% of the total population This trend has burdened the capacity of local schools and is cntical to short medium, and long term educational facility planning To address this problem, in February 2003, Key Biscayne signed an interlocal agreement with Miami - Dade County Public Schools and 24 municipalities to coordinate region - wide educational facilities planning, site selection and acquisition and construction The percentage of people over the age of 65 has dropped over the past ten years Whereas in 1990, persons 65 years or old comprised 17 2 percent of the population, in 2000 they were 15 6 percent Despite its overall decrease in percentage of total population composition, the aging population continues to be particularly affected by the island s limited supply of affordable housing —Key Biscayne s long-term elderly residents are often not able to afford the increase in taxes when they attempt to downsize—and evacuation during tropical storms and hurricanes To address the latter issue, in early 2006, a committee will convene to address the vulnerability of residents during and after severe storms Comprised of residents and the led by the fire chief, it will emphasize assisting the elderly and others who may have restricted mobility and health needs Census figures support a related trend anecdotally reported by residents formerly transient apartments and condominiums once occupied by retirees and empty -nesters are now occupied by families who live in Key Biscayne year round A comparison of the percentage of total households in 1990 and 2000 comprised of a person age 65 or older living alone dropped from 9 1 to 8 9, respectively Key Biscayne's population growth has caused only very minor changes in land area, given the municipality's finite land resources and minimal amount of vacant land b Ethnicity and Race Components The 2000 U S Census describes the racial makeup of the Village as 95 46% White, 0 46% African American 0 01% Pacific Islander, 0 14% Native American, 0 92% Asian, 1 49% from other races, and 1 52% from two or more races In the year 2000 49 79% of the Village s population was classified as of Hispanic origin of any race This represents an increase of 38% or 1 441 persons of Hispanic or Latino origin since 1990 Wallace Roberts & Todd, LLC 22 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN It is noteworthy that, as recently as 1980 there was no majonty group in Miami -Dade County Rather there were three large ethnic groups non - Hispanic Whites, Hispanics and Blacks However, this balance began to shift, and became very evident in the 1990s In 2000, Miami -Dade County was the first and only county in Florida with a Hispanic majonty (57%) Although Key Biscayne has not yet crossed that threshold, it is very close Table 1 Ethnicity Change in Key Biscayne and Miami -Dade County, 1990-2000 Ethnicity 1990 2000 Key Biscayne Miami Dade Co Key Biscayne Miami Dade Co White (Non Hispanic)/% 4 897/55% 585 607/30% 5 059/48% 465 772121 Black (Non Hispanic" 36/<1% 369 621/20 5% 28/<1% 427 140/20% Other (Non Hispanic)/% 131/1% 28 459/1% 190/2% 68 713/3% Hispanic%/ 3 790/43% 953 407/49% 5 236/50% 1 291 737/57% Total 8 854 1 937 094 10 513 2 253 362 Sources U S Census Bureau 1990 and 2000 Census 2003 Miami Dade County EAR Over 54%, or 5,723 persons, of the 2000 Key Biscayne population were born outside the US —although 46% of that number comprised naturalized or native citizens Of those born abroad, 76 6% were natives of Latin America Table 2 Nativity and Place of Birth, 2000 Sources 2000 U S Census ePodunk Nearly 59% of the total population of Key Biscayne speaks Spanish at home, but only 14 4% of these described their command of the English language as less than proficient according to the 2000 U S Census c Population Projections This EAR will rely primarily on population projections generated by MDCDPZ The projections were updated in 2003 to reflect Census 2000 Wallace Roberts & Todd, LLC 23 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN data and were used by Miami -Dade County in the preparation of its own EAR adopted in 2003 as the basis for the County s Comprehensive Development Master Plan amendments According to the Miami -Dade County EAR the 2003 projections were developed in the same manner as previous series with births, deaths and net migration treated separately first and then combined to arrive at the totals used in this report As in all projections, assumptions are made about a number of factors, in particular those related to net migration flows Based on observable trends, countywide immigration, comprising mostly foreign migrants, is expected to be a constant and to remain at fairly high levels For Key Biscayne the projections generated by MDCDPZ indicate that while the population will continue to increase in the county as a whole, the local rate of growth will trend toward zero after 2010 as the Village approaches build -out capacity (estimated at approximately 5,800 dwelling units at current zoned densities Using average family size reported by the 2000 Census the build -out population would be approximately 17,400 Using average household size, the build -out population is projected to be 14,326) Table 3 Annual Average Change, Population Projections for Key Biscayne and Miami -Dade County, 1990 to 2025 Area Change Change Change Change Change Change Remaining Population 1990-00 2000-03 2000-10 2010-15 2015-20 2020-25 Capacity at Capacity Key Biscayne 166 216 109 -35 0 0 0 11 425 Miami -Dade Co 31 608 29 729 29 792 30 366 31 014 32 320 30 778 3 050 563 ource Miarns' Dade County Department of Plann ng and Zoning Research Section 2003 Table 4 Population Projection Comparison Between Key Biscayne and Miami -Dade County 2000 2003 2010 2015 2020 2025 Key Biscayne 10 507 11 160 11 600 11 425 11 425 11 425 Increase 647 440 175 0 0 Percent Increase 6 2% 3 9% 0 98% 0 0 Miami Dade County 2 253 362 2 342 551 2 551 283 2 703114 2 858184 3 019 785 Increase 89189 208 732 151 831 155 070 161 601 Percent Increase — 3 9% 8 9% 5 9% 5 7% 5 7% ource 2000 Census Miami Dade County Department of Planning and Zoning Planning Research 2003 Reaching build -out capacity does not imply that no further development will take place Rather, as the Village arrives at this stage future growth will occur in the form of redevelopment Therefore the Village should seize opportunities to guide this redevelopment in a manner consistent Wallace Roberts & Todd, LLC 24 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN with the community s vision relating to desired scale and character, and explore ways to retain and enhance existing and introduce new, activities that expand the self-sufficiency of the Village d Extent of Vacant and Developable Land In 1995, there were 86 acres of vacant land according to the 1995 Key Biscayne Master Plan No land has been annexed since that time —Bill Baggs Cape Florida State Park extends along the entire southern border of the island community, Miami -Dade County's Crandon and Calusa Parks span the entire northern edge, Biscayne Bay fronts the western border, and the eastern border faces the Atlantic Ocean —and today all of those original vacant lots have been developed or have permits for development 3 The Village, though almost entirely built out, is slightly below capacity by measure of densities permitted by the Land Development Code This gap is not large enough to allow any major increases in density, but the composition of the Village will continue to evolve as older housing stock is knocked down and replaced by larger dwelling units, a trend evident today Examination of residential certificates of occupancy records indicates that since 1997 approximately 26 new residential units per year have been built either on vacant lots or in place of demolished units (See Table 5) Since there are no vacant lots remaining as of March 2006, all future new construction will occur in the form of replacement of older units If the average rate of replacement remained constant, the stock of original housing would be completely replaced by around 2047 4 While the density of units is presumed to remain relatively constant, the population could continue to increase in the single family realm since many existing, modestly sized, residential structures are being redeveloped into substantially larger homes containing additional bedrooms Although no study has been conducted to evaluate the actual occupancy of these units, if each bedroom were filled, the Village's population could increase significantly, with potentially dire consequences on the demand for infrastructure and services 3 A sizeable parcel -9 5 acres —of formerly vacant land along Crandon Boulevard (previously known as the Tree Farm ) has been dedicated as Public Recreation and Open Space in the form of the Village Green A bandstand and gazebo were added to the Village Green in 2000 Today this open space serves as the primary location for most of the holiday and other special events celebrated by the community throughout the year 4 There are approximately 1300 single and duplex lots in the Village Since 1997 232 units on those lots have been replaced leaving 1068 units of the original housing stock Dividing 1068 units by the average rate of replacement 26 units per year yields a duration of approximately 41 years until the residential character completely shifts from small-scale to large-scale development Wallace Roberts & Todd, LLC 25 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 5 Key Biscayne Residential Certificates of Occupancy, 1995 2005 Year Single Family Duplex Total Permits 1997 3 0 3 1998 22 0 22 1999 32 0 32 2000 35 0 35 2001 40 2 42 2002 22 0 22 2003 30 1 31 2004 22 1 23 2005 19 3 22 Total 225 7 232 As of February 13 2006 Figures represent new construction on vacant land or following complete demolition Source Village of Key Biscayne Department of Building Zoning and Planning February 2006 Any redevelopment of the two largest and most influential developments of residential composition over the past ten years —the Grand Bay Residences and Ritz -Carlton Hotel (799 units) and Ocean Club (1,032 units) —would be subject to a rigorous approval process by the Village Council, who is required to comply with state -mandated density restrictions for Coastal High Hazard Areas 5 The Village inherited the two Developments of Regional Impact from Miami -Dade County when it incorporated in 1991 Setting a precedent for density allowance, the Village immediately and successfully pursued the reduction of the projects permitted capacity on the basis of insufficient parks and recreation space and an undue burden on infrastructure Due to natural market forces, there has been little new construction on the Village s 25 8 acres zoned for low -intensity commercial use, and minimal redevelopment of its approximately 400,000 square feet of existing commercial space since the adoption of the Master Plan in 1995 (See Table 6) One noteworthy exception is 200 Crandon Boulevard, known as Key Colony Place In the process of being completed as of March 2006, the shopping plaza will incorporate pedestrian -oriented design features promoted by the Village 5 Key Biscayne s designation as a Coastal High Hazard Area not only prevents the Village from increasing permitted density in its Land Development Code but also indicates it would be unwise for the Village to encourage redevelopment to meet permitted density Wallace Roberts & Todd, LLC 26 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 6 Key Biscayne Commercial Building Permits, April 2000 — April 2005 Year New Construction Complete Demolition Other Permits (renovations, additions, etc ) Total Permits 2000 3 1 40 44 2001 1 0 48 49 2002 2 1 46 49 2003 1 3 26 30 2004 1 0 31 32 2005 0 0 7 7 Total 8 5 198 211 ource Village of Key Biscayne Department of Building Zoning and Planning May 2005 e Location of Development in Relation to Master Plan All new construction and redevelopment since 1995 has occurred in accordance with the Future Land Use Map and designations adopted in the Key Biscayne Master Plan There have been three amendments to the Future Land Use section since the Master Plan was adopted • Ord 95-8 amended densities permitted within the "Medium Density Multifamily and Ocean Resort Hotel" land use category in the Master Plan, separating the tabulation of density for multifamily residential uses and hotel uses located on the same lot • Ord 97-17 amended the land use designation on the Future Land Use Map from Medium Density Single Family Residential to Two Family Residential for seventeen parcels of real property on Fernwood Road specified in an appendix (Ordinance 97-17) • Ord 2000-1 amended the Future Land Use Map for the property at 800 Crandon Boulevard by removing it from the "Office" category and placing it in the "commercial category Commercial development along Crandon Boulevard since the 1995 Master Plan includes the Pankey Institute along the east side of the entry block and the following along the west side Suntrust Bank at 500 Crandon Boulevard (10,750 square feet), Wachovia Bank at 100 Crandon Boulevard (4,426 square feet), Ace Hardware commercial/office building at 800 Crandon Boulevard (8 000 square feet) As of this writing, construction of Key Colony Place (28,000 square feet) a new commercial complex located at 200 Crandon Boulevard, is in progress Wallace Roberts & Todd, LLC 27 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN A new Fire Station, Village Hall (Administration/Police), and Community Center have also been constructed during the past 5 years on the blocks immediately south of the Village Green This complex is now recognized as the community s Civic Center The 1995 Master Plan projected that the Civic Center planned to be located at the geographic center of the community, would help establish linkages from the existing commercial district and east -of -Crandon multi -family neighborhoods to the then Key Biscayne Community School (now Key Biscayne K-8 Center) and its surrounding single-family residences The creation of the Civic Center provided opportunities to implement urban design and architectural practices and techniques that embody the strong sense of place and unique identity and character of the Village of Key Biscayne The largest -scale projects in the Village have been the Ocean Club and Grand Bay Residences and Ritz -Carlton Hotel projects6 Both are located on the Atlantic Ocean on the east side of the island, and are designated as Developments of Regional Impact The 38 -acre Grand Bay project, consisting of two condominium towers, 49 detached residences and what is now the Ritz -Carlton Hotel for a total of 707 units, was completed and the final Certificate of Occupancy was issued by the Village in 2001 The Ocean Club, occupying 52 oceanfront acres, consists of 800 condominium residences in six mid -rise buildings with four to seven stories (Lake Villas), plus five high-rise buildings with 14 to 18 stories The property also includes a 5 -acre private lake, tennis club, beach club, cabanas, restaurant, and other amenities The Master Plan for The Ocean Club was approved by the Village of Key Biscayne in July 1995 Four of these buildings were permitted by the Village and built between 2001 and 2002 Although some residential development has occurred as infill on vacant platted lots, permit records indicate that the bulk of the Village's residential construction is taking place on previously developed lots (refer to Table 5) The 1995 Master Plan also recommended setback, height, minimum pervious area requirements and other controls to mitigate the impact of larger new construction (typically 3,500-4,000 sq, ft 2 to 3 story houses) on smaller adjacent homes (typically 1 200-1,500 sq ft 1 story houses) However, these efforts to control bulk intersected with Federal Emergency Management Agency (FEMA) rules concerning rebuilding of homes in flood hazard areas Increased enforcement of these regulations occurred after Hurricane Andrew hit South Florida in 1992 For areas like Key 6 The projects are identified in South Florida Regional Planning Council records as Key Biscayne Hotel and Villas and Hemmeter/Continental Resort respectively Wallace Roberts & Todd, LLC 28 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Biscayne with an AE flood hazard rating, FEMA requires the first finished floor of new construction to be elevated 5 feet above base flood elevation adding to the building height Following Hurricane Andrew, while Key Biscayne was still operating under the Dade County Code there was a frenzy of residential redevelopment in the Village Much of it was relatively massive in scale and constructed on fill, which resulted in a disparities in elevation and stormwater runoff problems for the older housing stock When the Village adopted its own zoning code, it tailored regulations to prevent this type of development from occurring While many long-time residents lament the loss of original, small-scale Key Biscayne homes, they also realize that change in housing styles is inevitable based on property values to meet the needs of today's families and to comply with FEMA regulations The 1995 Master Plan and subsequently enacted zoning code included provisions that afford owners of older housing stock opportunities to expand their homes, recognizing this may be the only feasible option for some The zoning code also contained incentives intended to reduce the bulk and lot coverage of newly constructed residences f infrastructure Levels of Service 1) Transportation The Village of Key Biscayne sets forth Level of Service standards for transportation in Objective 12 of the Master Plan's Capital Improvements element The timing of development will be regulated to maintain the following peak hour LOS standards Arterial LOS E , LOS along Crandon Boulevard could potentially fall slightly below "E" near north Village limits Collectors LOS 'B Local Service Streets LOS "A' The Crandon Boulevard Master Plan study completed in February 2004 examined county -owned Crandon Boulevard, the only major arterial in the Village of Key Biscayne (other local roads belong to the Village) The study analyzed the usage patterns and volumes of vehicular traffic along to determine if any deficiencies existed assessed the extent and nature of any deficiencies and recommended appropriate geometric and operational improvements The traffic Wallace Roberts & Todd, LLC 29 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN analysis utilized the concept of level of service as the measure of traffic performance Pursuant to classifications determined by the Florida Department of Transportation 7 and the Transportation Research Board Crandon Boulevard must be maintained at a Level of Service D According to the Crandon Boulevard Master Plan, the arterial is in compliance at the segment carrying the highest traffic load within the Village— the Crandon Boulevard corridor north of the Crandon/Harbor Drive/Ocean Lane signalized intersection —at three of the six signalized intersections Ocean Lane Drive itself is LOS B However, the road s remaining three signalized intersections operate at a Level of Service E or worse during peak times of the day According to the Crandon Boulevard Master Plan, improvements which are currently underway will elevate these deficient areas to meet or exceed state standards Crandon Boulevard and Harbor Drive will be improved from LOS E to LOS D, Crandon Boulevard and Key Colony Entrance will be improved from LOS E to at least an LOS D, and Crandon Boulevard at West Wood Drive will be improved from an LOS F to at least an LOS D when the Village completes its conversion of all roads earmarked in the Crandon Boulevard Master Plan 2) Sanitary Sewer and Potable Water The Master Plan sets the following standards for the sanitary sewer and potable systems in Objective 1 2 of the Capital Improvements element Sanitary Sewers in Sewered Areas Sanitary Sewers in Unsewered Areas** Potable Water Not to exceed 98% of County treatment system's rated capacity Average sewage generation standard of 140 gallons per capita per day Permit septic tanks only in compliance with county and state standards Not to exceed 98% of County treatment and storage system's rated capacity, with at least 20 Ibs per sq inch at property line and average 280 gallons per capita per day 7 Source FDOT Quality/Level of Service Handbook November 2002 p 129 Wallace Roberts & Todd LLC 30 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN **The second standard for sanitary sewers (in unsewered areas) will become obsolete when the Village completes its conversion of all remaining residential parcels on septic to sewer Key Biscayne is identified in Miami -Dade County's 2003 EAR as a Miami -Dade Water and Sewer Authority Collection Area According to Objective 2 of the MDC Master Plan Water and Sewer Sub -element 2 5 1, the County has guaranteed that it will maintain procedures to ensure that any facility deficiencies are corrected and that adequate facility capacity will be available to meet future needs, Key Biscayne assists the County in achieving this endeavor by cooperating to biannually update estimates of system demand and capacity According to the County s EAR, system -wide wastewater treatment facilities have the capacity to process 352 50 million gallons per day which surpasses the average daily demand of 310 81 million gallons per day An evaluation of the projected rated system water capacities and the estimated maximum demand shows that capacity is available in Key Biscayne's service district through 2020 at a level that would satisfy the Village s own service standards See Table 7 However, to ensure continued provision of adequate sanitary sewer service the County has allocated $1 3 billion in capital sanitary sewer projects Table 7 WASD Water System Capacity and Demand Comparison, 1995-2020 Year Maximum Day Capacity (MGD) 1995 427 60 2000 454 77 2005 495 03 2010 520 03 2015 563 03 2020 563 03 102 Pct Of Max Day Demand (MGD) for the Preceding Year 396 78 399 13 451 55 487 36 517 34 547 74 MGD = Million Gallons per Day Source Miami Dade Water and Sewer Department WASA operates three regional wastewater treatment plants in the North, Central, and South Districts Geographically, Key Biscayne falls within Service District 2, Central However, according to the Miami - Dade County EAR, the boundaries of the districts are flexible, the system is interconnected, allowing flows from one district to be diverted to other plants in the system This flexibility, along with a significant reduction in average flow into the regional system due to extensive infiltration and inflow prevention work since 1994, has allowed the Wallace Roberts & Todd, LLC 31 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN County to meet demands8 and is expected to permit the Village to meet its own Level of Service Standards for sanitary sewer The potable water to Key Biscayne is circulated as part of an interconnected County -wide system Similar to the sewer system, the Village cooperates with the County and other affected agencies to estimate system demand and capacity According to Miami -Dade County s 2003 EAR in 2003 the capacity of the County s water system is 454 77 million gallons per day surpassing the average daily demand of 346 10 million gallons per day and the Village s aforementioned Level of Service Standard Miami - Dade County currently has programmed $883 million in water capital improvements projects to ensure its ability to continue to provide capacity to meet system -wide existing and projected demand The County s programmed capital improvements and the Village's continued prudent provision of land development regulations and the concurrency system should allow for the Potable Water Level of Service to be met According to the Miami -Dade County EAR, the County has continued to maintain sufficient capacity in both the regional water and wastewater system to meet demand Levels of Service standards have generally been met throughout the reporting period, and additional policies under the objective have also exhibited progress Water Supply (with respect to the long-range water supply facilities work plan of the South Florida Water Management District (SFWMD)) Chapter 163, Florida Statutes, requires the preparation of a 10-yaer Water Supply Facilities Work Plan by local governments with water supply facility responsibilities Key Biscayne does not have water supply facility responsibilities However, it will comply by continuing to participate in intergovernmental coordination efforts and amending the Master Plan as necessary upon the adoption of the Lower East Coast Water Supply Plan In light of MDWASA s recently publicized projected inability to meet long term demand of services, the Village of 8 Source 2003 MDC EAR 2 152 In the mid 1990s the County agreed to undertake more than $1 169 billion worth of improvements to its wastewater treatment plants transmission mains and sewage collection system Major improvements include construction of a new Biscayne Bay sewer line a force main interceptor in Flagler Street a South Miami Dade transmission main and new mains in North Miami Dade The County is subject to fines of $10 000 per day if it fails to complete the project on schedule Wallace Roberts & Todd, LLC 32 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Key Biscayne will closely monitor any updates to capacity support MDWASA in achieving its goals in any way feasible and, if necessary, explore alternative mechanisms and sources for the provision of water and sewer 3) Solid Waste Management The Master Plan sets the following standards for solid waste in Objective 1 2 of the Capital Improvements element Solid Waste County system maintains a minimum of 5 years capacity, Village use generation rate of 5 2 Ibs per person per day Miami -Dade County is responsible for processing solid waste delivered by a private hauler from the Village of Key Biscayne It measures its Level of Service based on a combination of factors the annual amount of waste processed at each County disposal facility, the annual amount of waste disposed of at each County transfer facility, and the amount of waste processed at private disposal facilities or exported out of the County According to the County s EAR, the County has committed to implement procedures to ensure that adequate solid waste facility capacity will be available to meet future needs Based on a facility capacity analysis prepared by the Miami -Dade County Department of Solid Waste Management in 1999, the three disposal facilities owned and operated by Miami -Dade County through the year 2039 have the capacity to adequately meet internally generated LOS standards until 2011 According to the complete capacity analysis conducted by DSWM in 1999, Miami -Dade County in 2003 has some but not complete capacity for disposing of projected waste streams until the year 2032 In April 2005, the Village increased revenues and appropriations for expenditures between October 1St 2004 and September 30, 2005 within the solid waste fund The new total of $545,162 00 was in accordance with its new contract with its service provider g Coordination of Land Use and Public School Planning Interlocal Agreement In February 2003 Key Biscayne cosigned an interlocal agreement with Miami -Dade County Public Schools and 24 regional municipalities Wallace Roberts & Todd, LLC 33 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN The agreement mandates semi-annual meetings attended by the County Mayor or designated representative, the Mayor or designated representative for each municipality the School Board Superintendent to coordinate educational facilities planning, including site selection and acquisition, and construction Furthermore, the committee discusses issues and formulates recommendations • Population and student projections • Development trends, and • A work program for five, ten, and twenty year intervals This includes the school district's relationship to local government master plans particularly as it relates to the identification of potential school sites in the master plan's future land use map series, schools needs (school capacity and school funding), collocation and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access Inventory of Local Schools There is a total of five public and private schools in the Village of Key Biscayne Key Biscayne K-8 Center9 • Public • K -8th grade Key Biscayne International Christian School • Private • Pre -K through 6th grade St Agnes Academy • Private (Catholic) • Pre -K through 8th grade St Christopher s By -the -Sea Montessori School • Private • Pre -School through 6th grade MAST Academy • Public magnet school focused on marine science and technology not physically in Village but rather in Virginia Key • 9 -12th grade 9 Previously known as Key Biscayne Community School Wallace Roberts & Todd LLC 34 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN All high school students commute to schools outside of the Village boundaries by public school bus private vehicle, or private van service Coral Gables Senior High is the feeder pattern (default) public high school for the Village Students may apply for magnet public high schools where admissions are merit -based and lottery Applications are made in the 8th grade for 9th grade admission MAST Academy located on nearby Virginia Key, is a desirable magnet school whose combined merit -based and lottery admissions process does not give preference to Key Biscayne residents Many students attend private high schools located in Miami -Dade County Changes in School Demand Key Biscayne s demand on the public school system at large is growing According to Census figures, the proportion of young children in Key Biscayne is increasing in 1990, five to thirteen year -olds comprised 9 0 percent of the population, while in 2000 they made up 13 1 percent Enrollment figures from Key Biscayne K-8 Center reflect this trend Total school enrollment for the 2005 through 2006 school year is 1,028, up from 981 students during 2004-2005 and 976 during 2003-2004 To address deficient capacity (enrollment was at 155% of capacity during the 2004-2005 school year and at 122% of capacity between 2003-2004), the facility was expanded In October 2005, the Miami -Dade County Public Schools Department and the City of Miami jointly announced an initiative to improve public education in South Flonda Plans include the creation of a "commuter high school' as part of the City's five year "Education Compact' to address County -wide rapidly growing enrollment Officials identified Virginia Key as a potential site The next step is for the Virginia Key Master Plan committee to locate six -acre parcels of land on Virginia Key suitable for a school Key Biscayne is fully engaged in this process in addition to Key Biscayne s current mayor's active involvement in high-level interlocal talks to locate a high school on Virginia Key, the Village Manager is a member of the group that selected the consultant of the Master Plan h Coastal High -Hazard Area development mitigation strategies The Village of Key Biscayne is located within a Coastal High Hazard Area that also is designated an AE flood zone Section 163 3191(2)(m) F S requires that local governments evaluate whether past reductions in land use densities in coastal high hazard Wallace Roberts & Todd, LLC 35 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN areas have impaired property nghts of current residents where redevelopment occurs Goal 1 of the Master Plan s Future Land Use Section states in part, future residential development should be at the lowest densities consistent with protection of reasonable property rights " Objective 1 1 follows that the Village must maintain existing development and achieve new development and redevelopment which is consistent with the community character statement articulated as Goal 1 The Village has almost no vacant land and only redevelopment is anticipated to occur in residential areas The island currently has four single family residential zoning designations Island Residential includes 100 properties, Parkside Residential includes 51 properties Village Estate includes 247 properties, and Village Residential includes 932 properties for a total of 1330 single family residences There are three multi -family residential designations Low, Medium, and High Density No density reductions adversely impacting property rights have occurred or are projected to occur However, the Village will continue to deny any development applications that would serve to increase density beyond what exists or is allowed by current zoning and/or vested nghts Wallace Roberts & Todd, LLC 36 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 3 Assessment of Master Plan Elements a Future Land Use (1) Purpose of the Future Land Use Plan The purpose of the Future Land Use Chapter is to " prioritize the protection and enhancement of the Village's residential character, while remaining sensitive to the Key Biscayne's natural and commercial resources " (2) Summary Assessment The Master Plan for Key Biscayne was adopted shortly after the Village's incorporation The Plan s Future Land Use section reflects its effort to create a formal framework to protect and maintain its residential character while complying with external standards The Master Plan was written prior to adopting zoning ordinances therefore, many of its policies are directives for the Village to include and enforce specific provisions in the future Land Development Code In all objectives and policies where referenced, relevant language has been incorporated into the Land Development Code There have been no recent major changes to the future land use map, but new zoning categories have been added and used as necessary See Future Land Use and Zoning Maps (Figures 1 and 2) on the following pages There is no immediate foreseeable need for additional zoning or land use categories as future growth is forecasted to be minimal and consistent with current patterns The Village completed policies requiring an improvement of service and the drafting and implementation of a plan with moderate success, all of the projects are, at the very least, in progress Amendments should be made to adjust the deadlines to coordinate with revised projected timelines (3) Amendments to the Future Land Use Section Ord 95-8 amended densities permitted within the Medium Density Multifamily and Ocean Resort Hotel land -use category in the Master Plan separating the tabulation of density for multifamily residential uses and hotel uses located on the same lot Ord 97-17 amended the land use designation on the Future Land Use Map from Medium Density Single Family Residential to Two Family Wallace Roberts & Todd, LLC 37 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Residential for seventeen parcels of real property on Fernwood Road specified in an appendix (Ordinance 97-17) Figure 1 Key Biscayne Future Land Use Map Future Land Use Categories 111111 Waterfront Rec and Open Space mg Public Rec and Open Space Dune Restoration Area Pedestrian Bicycle Way Multi-Fam -Ocean Resort Hotel Two-Fam Residential Multi-Fam -Low Density ;r;r, Multi Fam Med Density Multi-Fam -High Density Single Fam -Low Density Single Fam -Med Density MIN Public -Institutional MB Commercial MI Office IIIRFAMUDOP fitL'§'.S:SiF 1 400 ernaasom 700 0 1 400 Feet R I r CI Key Biscayne Master Plan Evaluation & Appraisal Report Wallace Roberts & Todd, LLC 38 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Figure 2 Key Biscayne Zoning Map Village Zoning all Public Rec and Open Space (PROS) Parks and Recreation County and State Parks mgLow Intensity Commenciai (C-1) 11111 Low Intensity Office (0-1) agi institutional (1) Government Use (GU) Private Club (PC) am Hotel Resort (HR) Village Residential (VR) 1 Village Estate (VE) Island Residential (IR) imuf Parkside Residential (PR) ' y' Res Multi -10 (RM-10) 1111 Res Multi 16 (RM-16) Y gig Res Multi -30 (RM-30) /44 PUD-1 PUD 2 111111 PUD-3 rr r, zutit.1 r T1nrtx■ 1 -r-., I; ^ 1 400 700 0 1 400 Feet Key Biscayne Master Plan Evaluation & Appraisal Report Wallace Roberts & Todd, LLC 39 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (4) Evaluation of Goals, Objectives, and Policies of the Traffic Circulation Plan See matrix on following page (5) Future Land Use Plan Land Development Code Ordinances Section 10-61(10) Adequate drainage paths shall be provided around structures to guide stormwater runoff away from them Section 16-64(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards Section 29 Stormwater Utility System (1) The Village desires to create a stormwater management system to maintain and improve water quality, to control flooding that results from rainfall events to deter unmanaged rainwater from eroding sandy soils, to deter the disruption of the habitat of aquatic plants and animals and to provide for the collection of stormwater utility fees for those expenses connected with the planning, constructing, operating and maintaining of a stormwater management system Section 30-80(f)(6)h 2 Site Plan Review Procedures A map of the area showing where runoff presently goes and size, location, topography and land use of off -site areas which drain through, onto, and from the project Section 30-18(g) Drainage for all off-street parking facilities shall meet the requirements of the Metropolitan Miami -Dade County Planning, Development, and Regulation Landscape Manual Section 30-80(g)(4) Community services and utilities All proposed developments shall be designed and located in such a manner as to insure the adequate provision, use and compatibility of necessary community services and utilities An adequate sanitary sewer collection system including all necessary extensions and connections, shall be provided in accordance with Village standards for location and design Where necessitated by the size of the development and/or by the unavailability of Village treatment facilities, sanitary sewage treatment and disposal systems must be provided in accordance with Village and State standards and regulations Section 30-80(g)(6) Level of service standards For the purpose of the issuance of development orders and permits the Village has Wallace Roberts & Todd, LLC 40 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN adopted level of service standards for public facilities and services which include roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation All applicants are required to prove concurrency pursuant to the Land Development Regulations Section 30-100 Minimum pervious area percentages for Single Family and Two Family Districts Grand Bay Villas and Estates Section 30-100(d) Lot elevation Section 30-100(f)(3)a 4 Mooring piles and dolphins may not extend more than 20 feet from a dock Mooring piles and dolphins on Biscayne Bay shall not extend more than 25 feet from the bulkhead Section 30-100(f)(3)a 5 No dock shall extend from a bulkhead into any canal, lake, or waterway a distance greater than ten feet, or ten percent of the width of the waterway, whichever is less Notwithstanding the foregoing, no dock or mooring pile shall extend into Biscayne Bay a distance of more than 25 feet from the bulkhead Sec 30-163 Level of service standards For the purpose of concurrency determinations, the Village has adopted a master plan that provides the LOS for public facilities and services roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation All developments that are subject to a finding of concurrency must be consistent with these standards (Ord No 2000-5, § 2, 5-9-00) Section 30-230(f) (The purpose and intent of establishing landscape standards is to) Contribute to the processes of air movement, air purification, oxygenation regeneration, ground water recharge, stormwater runoff retention, while aiding in the abatement of noise, glare, heat air pollution and dust generated by impervious areas Drainage Plan Unless the Village Engineer determines that major drainage improvements are not feasible due to existing improvements on the property, site plan submittals shall contain a separate paving and drainage sheet(s) containing the following Details of the proposed drainage system, including drainfield cross sections and lengths, catch basin types and sizes, designated retention, detention area cross sections and the like Wallace Roberts & Todd, LLC 41 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goals Objectives and Policies Policy 1 1 1 Policy 1 12 Policy 1 1 3 Policy 1 14 Policy 121 Element FUTURE LAND USE Achieve desired community character: Key Biscayne should he a residential community. Development policies should protect residential character. Future residential development should le at the fewest densities consistent with protection of reasonable property rights. Hotels should ke permitted in order to 'revile ocean access opportunities and respect an established land use pattern; however, they should ke molest in size se as to not overpower the community's residential character. Other commercial development should he sized to meet the needs of residents and hotet guests. Office development should ke limited to the minimum amount practical in light of existing development patterns. By statutory deadline or sooner enact and enforce land development code consistent with the Future Land Use Map (FLUM) Unlit adoption of a Land Development Code (LDC) regulate development according to the FLUM including specified land uses densities and intensities By statutory deadline or sooner enact and enforce provisions governing subdivisions signs and floodplain protection consistent with the Master Plan (MP) Subdivision regulations Sign regulations Floodp/arn pmtecbon provisions Establish a street tree master plan By statutory deadline or sooner enact and enforce land development code standards and incentives to achieve new development renovated development and or redevelopment that meets high signage landscaping circulation/parking and other standards All new development renovated development and redevelopment consistent with FLUM Sign regulations Landscaping requirements Parking requirements Protect and enhance the residential, commercial, resort, and natural resource areas of the Village. Implementation Status Implemented Ongoing At the time of adoption of the Master Plan the Land Development Code was based on County Zoning However VKB Single Family Residential (SF R) and remaining zoning districts were amended on 10/24/00 and 5/9/00 respectively to be made consistent with the Master Plan Implemented Implemented See below Implemented VKB uses the Cou ty s subdivision regulations Implemented Sign regulations were based on County standards until they were amended to meet the needs of the VKB on 5/9/00 and again on 5/20/02 Implemented Floodplain regulations are based on FEMA requirements as specified in the Master Plan Additionally the LDC was amended on 10/24/00 to establish maximum lot elevations for SF R Implemented Humcanes Katnna and Wilma damaged many of the trees planted as part of the Village s Street Tree Plan Implemented See below Implemented At the time of adoption of the Master Plan the LDC was based on County Zoning However VKB Single Family Residential (SF R) and remaining zoning distncts were amended on 10/24/00 and 5/9/00 respectively to make the LDC consistent with the MP Implemented Sign regulations were based on County standards until they were amended to meet the needs of the VKB on 5/9/00 and again on 5/20/02 Implemented Onginally based on County code Landscape Regulations were amended on 5/9/00 and again on 6/11/02 to meet the needs of the VKB Implemented Onginally based on County code Parking Regulations were amended on 5/9/00 to meet the needs of the VKB _ .___._. ___ _ . .... _-..,: _......._. ,.�,.-._-v.w-r..v...:rr -�sr.:.a+artv-c. - '.r-, je.yF.. .. ,nj•.>: .:, ._--.". Policy 2 1 1 Cooperate with Cou ty to complete financial and engineenng plan for sanitary sewer In progress Re -designed along w Ih eptacement for H201 nes Project extensio completed and goal to be met by 2008 Land Development Code reference Ordinances Section 28 Signs Ordinances 30 100(d) Wallace Roberts & Todd, LLC 42 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 2 12 Policy 2 21 Policy 2 2 2 Policy 2 23 Policy 23 1 Policy 2 3 2 Policy 241 Policy 24 2 Policy 2.51 Policy 2 5 2 Policy 2 61 Policy 2 7 1 Complete plan by 1998 Begin implementation as soo as poss ble to complete mplementabon by 2008 Enact and enforce installation requ rements to en ure effect e funct oning of septic and drain fields Enforce flood damage prevention regulations to ensure that new development occurs at appropnate elevations to m n m ze flood impact By statutory deadline or sooner enact and enfo ce provisions regarding on site drainage detention runoff eros on m n mum pervious open space swale maintenance and drainage level -of service (LOS) standards Enact concurrency management system for development permits that meets 9J 5 0055 for infrastructure recreation and traff c By statutory deadline or sooner enact and enforce prov s ons egardmg on site drainage detention runoff erosion minimum pervious open space swale maintenance and drainage level of service standards Regulate development according to the FLUM and consistent with Interagency Hazard Mingatron Team Report FEMA 955 DR FL 1992 Annually assess population densities and transmit significant changes to MDC OEM By statutory deadline or sooner enact and enforce land development code provisions for sewer and stormwaler facilities Do not vacate road nghts-of way (ROW) without first determm ng that the ROW is not necessary to accommodate future storm and/or san tary sewer facil l es Attempt to ma nta and mpro e water qual ly of B scay e Bay by mplement ng DMP replacing septic tanks with san tary sewe s land de etopment code provisions fo on site sto mwate decent on and ma a pump out fa il l es a d coordination w th Biscayne Bay Shore! ne De etop e 1 Re ew Comm (lee In progress In progress Implemented Based on DERM requirements Implemented ongoing Implemented ongoing Implemented Activate stonnwater utility assessment based on Drainage Master Plan (DMP) by 1998 and update DMP as necessary n accordance with Objectrve 1 4 of the Infrastructure Element Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing NSFR reported monthly to Census Bureau Implemented Designate cand dates for histo c p eservat on and draft a strategy fo p eserval on of some Of all of these structu es Not implemented Ordinances 30-230(f) 10-61 (10) 30-80(f) (6) h2 Ordinances 30-230(f) 10- 61 (10) 30-80(f) (6) f 30 80(f) (6) h2 16-64(c) 30-100 30-181(g) 30-80(g) (6) Implemented ongoing Ordinances Chapter 29 30 80(g) (4) 30-163 In progress Septic tanks are in the process of being replaced with sanitary sewers and new water pipes The Village is in the grant raising phase of the protect Ordinances 30- 100(f) (3) a 4 30 100(f) (3) a 5 Wallace Roberts & Todd LLC 43 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN b Traffic Circulation (1) Purpose of the Traffic Circulation Plan The purpose of the Traffic Circulation chapter is to provide a transportation system that meets the circulation needs of Key Biscayne in a safe and efficient manner but does not adversely impact the quality of life of the residents ' (2) Summary Assessment The Traffic Circulation section addresses elements of Key Biscayne s vehicular, pedestrian and transit issues on both the local and regional levels In several cases, the policies are initial steps toward problem solving, e g the completion of an exploratory plan, the inclusion of provisions in the LDC or the completion of a project's first phase To date the Village has implemented or is in progress with the majority of the policies The Crandon Boulevard Master Plan was completed in February of 2004 and construction is underway, the most recent Ocean Lane Drive public workshop was conducted on October 17th 2005 and addressed the issues of parking, beach, access and public safety and a bike, pedestrian and streetscape plan is in progress for Harbor Drive, Fernwood Road, and West Mashta Drive However, the Traffic Circulation section will need to be updated to address a developing issue identified during the 2020 visioning process an increase in internally generated traffic congestion According to anecdotal evidence, the number of cars per household on Key Biscayne is trending upward (According the state Department of Motor Vehicles, the number of registered vehicles in January 2006 is 10,582 The Department is currently unable to provide historical data for the purposes of comparison 10 However the figure provided may serve as the basis for a future study analyzing the patterns in internally -generated traffic congestion ) 10 According to the DMV due to the prior configuration of its database historic registered vehicle counts derived from addresses or zip codes may be inaccurate It was possible for a vehicle to mistakenly be counted more than once the address field was associated with the customer not to the vehicle record therefore if a customer changed his or her address more than once in a calendar year the vehicle record would have been double counted Wallace Roberts & Todd, LLC 44 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (3) Amendments to the Traffic Circulation Plan Ord 2004-05 approved the creation of the Crandon Boulevard Master Plan Implementation Committee (created to oversee and ensure the completion of the CBMP throughout its three phases) (4) Evaluation of Goals, Objectives, and Policies of the Traffic Circulation Plan See matrix on following page (5) Traffic Circulation Plan Land Development Code Ordinances Section 30-181 Location, Character and Size of Required Parking Spaces Section 30-100(0(4) Driveway and Parking criteria Regulates 1) points of access 2) driveway materials 3) setbacks and 4) width Section 30-100(0(4) c Setbacks All driveways shall be set back at least five feet from any side property line All circular driveways shall be set back at least two feet from any front and/or property side street property line On corner lots, driveways shall be set back 15 feet from the extended right-of-way Intersection Section 30-100(0(4) d Width A maximum width of 24 feet is permitted for single family and 36 feet for two-family homes for a lot with 75 feet or less of frontage at the property line For all other lots the width of a driveway or combination of driveways at the point of intersection with the right-of-way shall not exceed the lesser of 36 feet or 32 percent of the lot's frontage, including side street frontage on corner Tots Section 30-181(n) Location, Character, and Size of Required Parking Spaces Curb cuts All curb cuts shall conform to the design and construction standards required by the Public Works Supervisor Wallace Roberts & Todd, LLC 45 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Pokey 1 1 1 Policy 1 12 Policy 1 1 3 Policy 1 21 Policy 141 Policy 14 2 TRAFFIC CIRCULATION To provide a transportation system that meets the circulation needs of Key Biscayne in a safe and efficient manner but does not adversely impact the quality of life of the residents. Regulate timing of development it maintain at least peak hour level of service standards for artenals (LOS E ) collectors (LOS B ) and local service streets (LOS A ) By statutory deadline or sooner enact and enforce LDC standards regarding roadway access and on -site traffic flow and parking Street improvements designed to deter speeding on collector streets Use future land use and zoning maps to limit commercial and office development to artenal frontage and Harbor Dnve collector street frontage from Femwood Road to Crandon Boulevard except for ocean resorts Work with MDC Planning Department and Metropolitan Planning Organization to limit intensity of development on Causeway and Crandon Boulevard m order to maintain an adequate traffic level of service Use LDC to prohibit ROW encroachments through setback requirements Use LDC standards and LDC review process to reduce number and width of exish curb cuts on Crandon and Harbor by 10 / Implemented ongoing Density limited by ordinance to current level Implemented ongoing Ongrnally based on County standards parking regulations on 519/00 to meet the needs of the VKB Implemented ongoing The Village has implemented a senes of traffic calming devices on collector streets and reduced the speed limit to 20 mph on all roads except Crandon Boulevard which is operated by the County Ocean Lane Dnve is in the design phase of receiving new sidewalks striping and paving Partially Implemented Only 2 properties do not front Crandon 21 and 51 Crandon Drive they front Harbor Dnve Implemented ongoing Adopted Virginia Key and Calusa Park agreements Implemented Implemented See above Objective 14 Policy 151 Complete bike pedestrian and streetscape plan for Harbor Dnve Femwood Road Implemented Complete by 2005 and West Mashta Drive by 1999 Include these streets and West Wood Dnve in a speed control planning and implementation plan Policy 1 5 2 Achieve first phase implementation of this plan on Harbor Dnve by 2004 Implemented Ordinances 30-100(f) (4) c 30-100(f) (4) d Ordinances 30 181(n) Wallace Roberts & Todd, LLC 46 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN c Housing (1) Purpose of the Housing Plan The purpose of the Housing Plan is to " Assure the availability of a sound and diversified housing stock in Key Biscayne " (2) Summary Assessment Objectives and Policies in the Housing Section address either the appearance and quality of the housing stock or the diversification of what is available Since the time the Plan was written, the Key Biscayne real estate market has experienced a steady increase in demand while maintaining a finite supply of vacant and redevelopable land Therefore, while the market has naturally addressed most issues regarding appearance and quality, the diversification and affordability of residential property has lessened Policies addressing these latter issues have either not been implemented or, when implemented, have not successfully produced the intended results The Village intends to continue working with other jurisdictions on the issue as well as define and promote affordable housing of a type and a price range consistent with Key Biscayne local market and general market conditions (3) Amendments to the Housing Plan None (4) Evaluation of Goals, Objectives and Policies of the Housing Plan See matrix on following page (5) Housing Plan Land Development Code Ordinances Section 30-100 (e) Setback Regulations (minimum) Wallace Roberts & Todd, LLC 47 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goat 1 Policy 1 1 1 Group Homes Accommodate as mat small g oup homes and foste ca e fac I 1 es as poss ble es dent al areas Policy 1 1 2 Policy 1 21 By statutory deadline o soo e permit group homes and foste ca e fac I ties w th consideration to humcane evacuat on constraints N t mplemented Policy 1 31 The Village Manager shall e force County m imum hous ng standards code or appropnale modif ed code enacted by Counc I Implemented ongorng The County s codes are used Policy 1 3 2 Policy 141 Communicate with private and non profit hous ng agencies to assure that Vi lage policy information flows to hous ng prov de s Policy 1 4 2 Policy 1 51 Designate candidates for h stonc preservat on based on age arch lecture and function and draft a preservabo strategy Not implemented See above Object' e 1 5 Policy 1 61 Village manager or designee will nfo m V Ilage Counc I of appropr ale act ons that encourage the p o is on of adequate s les fo aHo dable hous ng n nearby communities w th land val es thal can eas nably accommodate such ho s g In p ogress Policy 1 71 Policy 1 7 2 HOUSING To assure the availabilhty if o sfauni � yirsitlNF �iailsin� atrck;m Iiscayne. le valkiiivate #cteriotqa et sf ?awe * r Vacatyt resttlerhta iyrteitt male t areas akdttn Period catty rev ew perm It ng a d egulalory processes the LDC to e su e p ompl and profess onal de el pme t pe m 11 g p ocess Use LDC setback/bulk standards a d DMP to ass re stab) esidential neighborhoods Cooperate with any developer us g County o othe subs dy mechan sms tclm]1toVentent of Existing Housing Achieve and rt�`g rldltdbteve p?il(ata t'eittvestmeni to sttuotyratlpti , t 0`e kt5hng ttoustng units Vigorously enfo ce the ex st ng code to su e o hous g b c mes s bsla da d By statutory deadl e o 0o e act e t() ce LDC egutal o fo b Id g height selba k a d the gulal o Ili I fa Hai a 15 1 Ily pl as o pg ad s to ex st ng ho o stock GbWe%. MtarereUstaes0AiacarttApe EteflIeliast ittaK Waal* stte4 oa eteiopdd as sail-100 /er>a /e4411.9430K410agsed withifIT tkiS0 Wats Implemented E sl ng m xed dens ty east of Crando Boule a d G and Bay SF R a d Ocea Club MF R zo ng d st cts added to LDC lmpleme led The V Ilage o g natty used F lemake P o ma ual perm 1 system and had o p 1711 t me sched le How ve t co eded to Perm is PI s lo pgr de p ocess rig a d establ shed a I mel e fo perm l poes a Implement d 0 g ally based on County code o d nances decreas ng FAR and cre s g sideyards for SF R were adopted on 10124/00 Not implemented The V Ilage has not communicated with any non p ofit hous g agencies Implemented ongoing No de elope has called to date but fo e d d the V Ilage would be w II rig to cooperate trttptemented ongoing Tha number Of renovated Mackeiihomes gteify'axceeds,50 l Impleme ted ngo ng Impl mented 0 g ally ba ed o Co ly cod VKB d a ce a e e f red at sr al po ( f eq dal ^n 1 m 11 a d e 51 t mplel Ord na ces 30 100(e) 0 d a es 30 100(e) Wallace Roberts & Todd LLC 48 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN d Infrastructure (1) Purpose of the Infrastructure Plan The purpose of the Infrastructure Chapter is to a Provide and maintain the public infrastructure in a manner that will ensure bay water quality, and public healthy, safety, and quality of life for Key Biscayne residents " (2) Summary Assessment The Infrastructure section of the Master Plan provides policies to address deficiencies in 1995 levels of service as well as anticipated future needs related to drainage, sewage, solid waste, water and sewer, and water conservation The Village has, at minimum, begun implementation in all areas However, unforeseen conflicts (e g hurricanes) have delayed completion dates for several objectives and policies beyond the scope of the timeline specified in the Master Plan The Plan will need to be updated to accurately reflect current completion projections (3) Amendments to the Infrastructure Plan None (4) Evaluation of Goals, Objectives, and Policies of the Infrastructure Plan See matrix on following page (5) Infrastructure Plan Land Development Code Ordinances Section 8-100 8-108 Water Shortage Regulations Section 30-230(a) Promote xeriscape by encouraging the use of drought -tolerant landscape materials, grouping of plant material by water requirement and the use of irrigation systems that conserve the use of potable water supplies Section 30-232 Required Landscape Plans Section 30-234 Required Irrigation Plans Wallace Roberts & Todd, LLC 49 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN all Policy 1 1 1 Activate the stone water utility assessment as a basis for bonding for the first phase Implemented ongorng of drainage plan implementation by 1998 Update DMP as needed to ensure efficacy and upgrade of stone sewer system as outlined n Objective 1 1 above INFRASTRUCTURE To provide and maintain the public infrastructure in a manner that will insure itay water quality, and public health, safety, and quality of life for Key Biscayne residents. Policy 1 1 2 Mitigate direct stormwater outfalls as technically and economically feasible into Biscayne Bay and canals to meet standards set forth in Objective 1 1 above Implemented ongorng Policy 1 1 3 By statutory deadline or sooner enact and enforce provisions regarding on site drainage detention runoff erosion minimum pervious open space swale maintenance and dra nage level -of service standards n order to meet requi ements as outlined by Objective 1 1 above Implemented ongorng Ongmally based on County code ordinances were amended to meet needs of the VKB specifically a 30 percent open space requirement was implemented for SF -R on 10/24/00 and general retention of runoff requirements were implemented on 5/9/00 Ordinances 30-230(0 10 61 (10) 30-80(0 (6)1 30- 80(f) (6) h 2 16-64(c) 30 100 30 181(g) 30-80(g) (6) Policy 1 21 Complete financial and engineenng feasibility plan to extend sanitary sewers to unsewered areas by 1998 and complete implementation by 2008 In progress Policy 1 2 2 Policy 1 31 Cooperate with State of Flonda Health and Rehabilitative Services (FHRS) and Implemented MDC Department of Environmental Resources Management (DERM) to ensure effective functioning of septic tanks and dram fields Assess cost-effectiveness of replacing County collection system with one or more Implemented pnvate systems by 1996 Policy 1 3 2 Initiate recommended changes n the solid waste collection and recycling system by Implemented 1999 Policy 1 41 Sewered Areas County wide maximum day flow' of preceding year shall not Implemented ongorng exceed 98 / of County Treatment systems rated capacity The sewage generation standard shall be 140 average gallons per capita per day Policy 1 4 2 Unsewered Areas The LOS shall be receipt of a DERM septic tank permit Implemented ongorng Policy 1 4 3 Potable Water County wide maximum day flow of preceding year shall not Implemented exceed 98 / of County treatment systems rated capacity Minimum pressure of 20 lbsJsq in at property line and consumption standard of 280 avg gallons/capita/day ongorng Policy 1 4 4 Drainage Nonresidential development and redevelopment accommodate runoff to Implemented meet Federal state and local requirements Stormwater is treated in according to Chapter 17 25 and Chapter 17 302 500 F A C with one inch of runoff retained on site ongoing Policy 1 4 5 Solid Waste County sol d waste disposal system maintains a minimum of fve In progress ongorng years capacity using a generation rate of 5 2 pounds per person per day Policy 1 51 By statutory deadline or sooner enact and enforce LDC regulations including water Implemented conservation based mgat on water onservat on based plant species lawn watenng restrictions mandatory use of ult a low volume water sav ng devices for substantial rehabilitation and new constriction and other water conservat on measures as feasible ongoing Ordinances 8-100 8-108 30 230(a) 30-232 30 234 Policy 1 5 2 Promote educat on programs that d scou age waste and conserve potable water Implemented ongorng Policy 1 5 3 Cooperate with MDC Water and Sewe Authonty (WASA) to dev se a wale tracking Implemented ongorng consumption separate from custome b flings or othe sou ces Policy 1 5 4 Cooperate w th WASA efforts to ensure the potable water distnbut syst m shall Implemented ongoing reduce water loss to less tha 16 / of the wate enter ng the system Wallace Roberts & Todd, LLC 50 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN e Conservation and Coastal Management (1) Purpose of Conservation and Coastal Management Plan The purpose of the Conservation and Coastal Management Chapter is to ' Preserve and enhance the significant natural features in Key Biscayne, to conserve and manage the environmental resources and man-made uses in the coastal area of the Village and to minimize human and property loss due to hurricanes ' (2) Summary Assessment The scope of the Conservation and Coastal Management section is extensive The Village has implemented or is in the process of implementing policies and objectives in all sub -categories, with the exception of historic preservation No historic preservation policy to protect Mackie homes or any other structures within Village limits has been implemented because there are currently no structures that meet the state or national age and significance requirements for national historic designation (3) Amendments to the Conservation and Coastal Management Plan Ord 2005-5 amended Section 30-102 Governmental use District of Chapter 30 of the Land Development Code by adding a schedule of permitted uses and regulations for public beaches (4) Evaluation of Goals, Objectives, and Policies of the Conservation and Coastal Management Plan See matrix on pages 46-49 (5) Conservation and Coastal Management Plan Land Development Code Ordinances Section 10-23(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in Flood heights or velocities Section 10-42(0 Description of the type, extent and depth of proposed fill and the elevation in relation to Mean Sea Level of the top surface of the fill, Wallace Roberts & Todd, LLC 51 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Section 10-42(h) Plot plan, drawn to scale, illustrating the locations of all proposed construction, fill, excavating, and other aspects of the Development, Section 10-44(d)(5) The necessity of the facility to a waterfront location in the case of a functionally dependent facility Section 10-61(10) Adequate drainage paths shall be provided around Structures to guide stormwater runoff away from them Section 10-63 Standards for Coastal High Hazard Areas (V -zones) Located within the Areas of Special Flood Hazard are areas designated as Coastal High Hazard Areas, which are denoted with a "V" prefix on the Flood Insurance Rate Map These areas called "velocity zones," have special Flood hazards associated with wave action therefore the following provisions shall apply Section 10-63(7) Protection of Sand Dunes and Mangrove Stands There shall be no alteration of Sand Dunes or Mangrove Stands which would increase potential Flood damage Section 30-80(f)(6)f Details of the proposed drainage system, including drainfield cross sections and lengths, catch basin types and sizes, designated retention/detention area cross sections and the like Section 30-80(f)(9)e Demonstration that the proposed Development will not adversely affect any endangered or threatened plant or animal species and will to the greatest extent possible, protect natural areas, native species, potable water well -fields and dune systems, and will provide effective erosion control, and will protect against hazardous waste Section 30-100 Island Residential (waterfront) Distr ct Section 30-100(b) Development Regulations Section 30-100(e) Setback Regulations (minimum) Section 30-100(f)(11) Pavers and walkways in Side and Rear Yards Pavers or other walkway material may be placed within the Side or Rear Yard so long as they do not materially affect the drainage characteristics of the area The maximum width of the walkway is five feet but in no instance shall the Setback be less than four feet Section 30-100 30-112 Schedule of District Use and Setback Regulations Section 30-102(e) Permitted Recreational Activities Subject to the approval of a Beach Management Plan pursuant to subsection (f) and the supplementary regulations in subsection (g) the activities as described below shall be considered Main Permitted Uses on Wallace Roberts & Todd, LLC 52 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN lands within the GU District which are seaward of the Erosion Control Line (as identified in Section 1 03 of the Village Charter) where such activities occur as ancillary and supportive of principal uses conducted on the upland contiguous privately owned property Section 30-102(g)6 None of the permitted activities including the storage of any equipment shall be maintained or conducted within five feet of the dune as defined pursuant to Section 161 54, Florida Statutes, or within 15 feet of the waterline unless overnight storage on the public beach is approved pursuant to a Beach Management Plan Section 30-103 Hotel Resort District Section 30-107(d)(8) Construction or subsequent operation of any new or expanded marina shall not destroy or degrade hammocks, pinelands, salt marshes, mangrove protection areas, seagrass, hard bottom communities, or habitats used by endangered or threatened species, unless approved by the appropriate regulatory agencies Section 30-160 Purpose of Concurrency Management The purpose of this article is to ensure that the infrastructure necessary to serve new Development is Available concurrently with the impacts of that new Development Impact is measured against the adopted minimum acceptable levels of service with respect to (a) roads, (b) sanitary sewer, (c) solid waste, (d) drainage (e) potable water and (f) parks and open space Section 30-230(f) Contribute to the processes of air movement, air purification, oxygenation regeneration, ground water recharge, stormwater runoff retention, while aiding in the abatement of noise, glare, heat, air pollution and dust generated by impervious areas Section 30-235(f) Removal of trees on public lands No trees shall be removed from any public land including, but not limited to Rights -of -Way and swale areas, without the approval of the Building, Zoning and Planning Director Wallace Roberts & Todd, LLC 53 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Gal 1 Policy 1 1 1 Policy 1 1 2 Policy 12 2 Policy 1 2 3 Policy 1 3 2 Policy 141 Pdicy 14 2 Policy 151 Policy 16 1 CONSERVATION AND COASTAL MANAGEMENT (Conservation aner Coastal Management goals, objectives and policies are combined iiecause they are cornplinicntary. ) To preserve ani enhance the significant natural feature in Key Uiscayni. Maintain compliance with t aff c LOS sla dad ther by a o d g onges( on that would adversely impact air qual ty Control emiss ons f om all hazardous waste fa I t es to comply w th Lowest Achievable Emissio Rates cl d ng apo con( I systems to cont of hyd oca b n emissions at gas static) s Policy 1 2 1 Based on capital cost implications of DMP act ate the stormwater ut I ty assessment as a basis for bonding by 1998 Update DMP to upgrade storm sewer system to meet standards of Object ve 1 1 of the Infrastructure Eleme I By statutory deadline o sooner enact and enforce LDC prov sions regarding detent on runoff eros on control pery ous open space m n mums swales dra age LOS beach dune protection and other land protect o measu es Refer any development perm l applicat ons for storage of hazardous wa to to MDC Policy 1 3 1 By statutory deadline or sooner enact and enforce estuarine waterfront protection provisions in the LDC in accordanc with state of Flonda Department of Environmental Protection (FDEP) and waterfront policies of DERM Contact DERM if any adverse mpact is observed petal ve to the I m ted sea grass beds in adjacent Bay waters Vtllage police will report speeding violations n manatee protection a eas to County and State manne pot ce and publ cize the MDC manatee telephone hotl ne to the public By statutory deadline or soo e enact a d enfo ce land de elopment pro sio s to minimize light on beach areas where sea turtles nest Enact and enforce and emergency water con ervat o based o So th Flo da Water Management Dstrct (SFWMD) model ord a ce a d equ eme I Implemented ongoing Crandon Boulevard improvements and plans for Harbor D e at the Village entrance have addressed congestion and a r qual ty ssues Implemented ongoing Through intergovernmental coordination the V Ilage s pports M am Dade County s efforts to improve air quality Implemented Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Village Manager shall design and promulgate specific management techniques to ensure effective enforcement of FEMA regulat ons Flood damage prevention regulations shall be enforced by the Village Implemented ongoing Implemented ngo ng Ordinances 10-23(1) 10 61(10) 10-63(7) 30- 80(0 (6) f 30-80(f) (9) e 30- 100(b) 30-102(e) 30 100(0 (11) 30 102(g) 6 30 160 30 230(f) 30 235 (0 Ordinances 10-44(d) (5) 10 63(7) 30 107(d) (8) Wallace Roberts & Todd LLC 54 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 1 7 1 Cooperate with US Any Corps of Engineers (ACE) for beach renounshment as necessary to minimize damage to offshore grass flats terrestnal and manne animal habitats and dune vegetation Implemented ongoing Related ordinances were passed as a result of the Long Range Beach Renounshment Plan (1997) Ordinance 2002-6 amended Sec 30-100(1)(3) Docks and Moonng Piles It regulated docking facilities within single family distncts so as to prevent projects detnmental to the equitable safe and adequate navigation of all waterways in the Village Policy 17 2 Limit permits (within Village junsdiction) for beach restoration or renounshment borrow areas to those that do not negatively affect offshore reefs or grass flats Implemented ongoing Addressed in Long Range Beach Renounshment Plan (1997) Policy 17 3 By statutory deadline or sooner enact and enforce LDC provisions requinng minimum budding setbacks from the ocean Prevent encroachment on beach front according to the Dune Restoration Area of the FLUM and the Coastal Construction Control Line Implemented ongoing Ordinances Section 30 100 30-112 Policy 1 7 4 Prohibit dredging or filling that would result in the destruction of grass/algae flats hard bottom or benthic communities within Village limits Implemented This applies only in canals Of in natural harbors (e g Humcane Harbor within the Yacht Club) The Village limits end at shoreline on Bayside Measured at high tide the beach along the Atlantic seaward is property of the State Bayside water is County property up to the southern portion of the island where it is national parkland Policy 17 5 Prohibit deposit of solid waste or industrial waste that create a health or environmental hazard In progress Policy 17 6 Maintain standing as a bird sanctuary and prohibit destruction of any bird except by those persons with a valid permit for scientific purposes issued by the US Fish and Wildlife Service Implemented Cape Flonda State Park/BM Baggs is officially recognized as a bird sanctuary Pdicy 1 7 7 Require all new shoreline development affecting manne habitats to be reviewed by DERM Implemented ongoing The Village has received preliminary approval by DERM Policy 17 8 Give preference to salt tolerant landscaping over traditional matenals in the enactment of the landscape requirements of the LDC In progress The Village adopted County regulations to address landscaping but has amended them to meet its needs An amendment passed on 5/9/00 required 30 percent native plant matenals to be used Policy 1 T 9 Prohibit and require eradication of invasive species on all sites of new and redevelopment projects Implemented The Village used County regulabons to address invasive species but has amended its onimances to meet local needs On 5/9/00 the Village adopted and has subsequently enforced six regulations to respond to this issue Policy 1710 Coordinate with County and FDEP in monitonng coastal waters and sediments Implemented ongoing The Village has created a volunteer beach dean -up program that coincides with a national annual coastal clean-up effort Policy 1711 Cooperate and comply with Federal state and county programs and mandates regarding dockside pump out facilities Implemented ongoing Policy 1 7 12 Promote beautification with an annual clean-up dnve for the beaches and shorelines Implemented ongoing The Village has created a volunteer beach dean -up program that coincides with a nabonal annual coastal dean -up effort Policy 1713 Enact and enforce an emergency water conservation plan through a water shortage ordinance consistent with SFWMD In progress Policy 17 14 Officially designate DERM mangrove areas within the Village (see Figure V 1 Data and Analysis) as environmentally sensitive lands which shall be protected from development unless their ecological value is replaced via mitigation In progress Goal 2 Policy 21 1 yy r-i lip *conserve and manage the environmental resources and man-made uses in' he coastal area et Key Biscayne. l ii _ - By statutory deadline or sooner enact and enforce zoning distracts based on Multi- family Residential Ocean Resort Hotel Waterfront Recreation and Open Space Land Use Plan categones and consistent with density limits in the FLUM ,i1,, - - - implemented ongoing Using the County as its base model for Zoning Districts the Village added two new categonzations on 5/9/00 PUD and Hotel Resort (HR) both of which offer incentives The Public Recreation and Open Space Distnd is also available should the Village own or have a long term lease (5 years or longer) on a parcel and desire to use the land for public recreation or open space purposes These distracts permitted Beach Park public access Policy 21 2 New water -dependent uses shall meet specified cntena incorporated in LDC by statutory deadline or sooner Implemented After using County code as its model the Village recently adopted a resolution for beachfront activities in May of 2005 Wallace Roberts & Todd, LLC 55 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 2 2 2 Policy 2 2 3 Policy 2 51 Policy 2 5 2 Goal 3 Policy 31 2 Policy 3 21 Maintain traffic LOS based o FLUM to ach eve a reasonable hurr cane evacuation time Implemented ongoing Policy 3 2 2 By statutory dead) ne o soo e e act and e fo ce d ne de etopme l a d vegetation requirements as part of the LDC n conjunct on w th any new beachfront development and rede elopment Evaluate the need for and effcacy of alternate fnanc ng methods for beach renounshment and dune development by 1996 Policy 2 31 Enforce an existing development agreement with a pnvate property owner to provide beach access open to the general pubt c Implemented The Village has an agreement on an easement with the Grand Bay Resod In progress Sanitary sewer project will be completed by 2008 Contribute to the improveme t of B scayne Bay through implementation of DMP replacing sept c tanks with sanitary sewers tied into the County system and/or upgrading of septic tank and drainfield standards mandating on site stormwater detention and marina siting standards according to Infrastructure Element and this Element Contnbute to the improvement of Biscayne Bay water quality through cooperation and consultation wrth the Biscayne Bay Shoreline Development Review comm ttee FDEP and the NPS To minimize human and property loss due to hurricanes. Policy 311 Limit funding of public infrastructure expansion if the effect is a direct subsidy to a specific pnvate development in the Village Implemented ongoing The Village does not subsidize pnvate development it pays for its own infrastructure needs Objective 3 1 and Policy 3 1 1 should not preclude plans to extend sewer lines improve drainage faciht es or reconf gurat on of sl eels to pro de adequate infrastructure to serve F ture Land Use Plan de elopment or prior vested development nghts Prepare a h mca e eme gency pia by 1995 ba ed o the Hu ca e And ew expenence a d n co cert w th 1991 C my Emergen y Ope al o Pia and 1991 US COE hurncane e acuat o study Policy 2 2 1 By statutory dead) ne or soo e enact and e force m n mum oceanfront setbacks ncluding protect on of the p opos d du e system as part of the LDC Implemented ongoing Implemented ongoing Implemented ongoing Between 1995 and 2002 the Miami Dade County Department of Environmental Resource Management included Key Biscayne as one of three areas targeted for beach restoration projects Accord ng to the M D EAR Key Biscayne had 63 6 acres of beach estored Policy 2 41 Designate candidates for h stonc preservat on based on age architecture and function and draft a preservation strategy Not implemented There are no historic structures older than 50 years and therefore none that meet the requirements of the National Register Not implemented Implemented Implemented I June 2001 the Hurncane I formal on Ma ual was adopted order to assist Village residents to plan and prepa e fo a humcane and its aftermath Ordinances 30-100 30-103 Ordinances 1063(7) 30 80(f) (9) e 30 102(g) 6 30 107(d) (8) 56 Wallace Roberts & Todd LLC VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 3 3 1 Prepare a post -disaster redevelopment plan based on the Humcane Andrew experience and in consultation with the South Flonda Regional Planning Council (SFRPC) and MDC OEM by 1996 In progress Policy 3 3 2 The adopted plan will specify that dunng post -disaster redevelopment the Building Department will distinguish between actions needed to promote public health and safety with immediate clean up and long term repair activities and redevelopment areas In progress Policy 3 3 3 Dunng recovery periods use post -disaster redevelopment plan to reduce or eliminate future exposure of life and property to humcanes incorporate recommendation of interagency hazard mitigation reports and recommend any amendments to MP In progress Policy 3 3 4 Unsafe conditions and inappropnate uses identified in recovery phase will be eliminated as opportunities anse Implemented ' - . ,. .. Policy - 1 Jill l IIfl w 11 I . • :. :.: P concurrency system phased i - . - y 3 41 Implement management with capital improvement schedule to achieve and maintain LOS standards concurrent with the impact of development Implemented ongoing V', Policy 1 1=: 1 r .th"'f ,.I'P:1 T t q;1;li;il t b• 1 . � .. ,�_ -I•; - . - - _ 35 By statutory deadline or sooner enact and enforce LDC provisions requiring minimum setbacks from the ocean and compliance with the CCCL regulations Implemented ongoing Ordinances 30-100(e) Policy 3 52 Enforcement of new residential construction at or above flood elevation specified by FEMA and new non-residential construction at or above flood elevation specified by FEMA or in accordance with FEMA approved waterproof construction specifications Implemented ongoing Policy 3 5 3 By statutory deadline or sooner enact and enforce LDC provisions limiting the amount of fill added to a property in conjunction with development or redevelopment to minimize stormwater runoff Implemented ongoing Ordinances 30-230(f) 10 61(10) 10-42(f) 10-42(h) Policy 3 5 4 Monitor changes to and recommend County Emergency Operations Plan (EOP) hazard mitigation reports as basis for amending MP and LDC as appropnate Not Implemented Zoning in the LDC reflects the MP Policy 3 5 5 Reduce permitted population densities according to FLUM to coordinate with 1991 MDC EOP (local) and lower Southeast Florida Humcane Evacuation Plan (regional) Not Implemented The Village is maintaining levels but not reducing them Policy 3 5 6 Limit funding of public infrastructure expansion if the effect is a direct subsidy to a specific pnvate development in the Village Implemented ongoing Policy 3 61 B statut deadline or sooner enact Implemented, y ory and enforce LDC standards to conform with _ .. ongoing Ordinances flood damage prevention regulations outlined by Conservation and Coastal Management Policy 3 5 2 9 g 10-63 Wallace Roberts & Todd, LLC 57 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN f Recreation and Open Space (1) Purpose of Recreation and Open Space Plan The purpose of the Recreation and Open Space Plan is to Provide a desirable level of public recreation and open space facilities together with supplemental private recreation and open space facilities " (2) Summary Assessment Prior to and at the time of incorporation the Village was not in compliance with the Miami -Dade County LOS standards for public recreation and open space facilities This deficiency was an important catalyst in the move to incorporate Since incorporation the Ocean Club and Grand Bay (approved for development prior to incorporation) heightened the recreation and open space deficiency Since the Master Plan was adopted, the Village has attained additional parks and recreation acreage However, with the increase in population, it has not been enough to raise the level of service to meet its standard of 2 5 acres per person The Village is currently actively explonng its options and monitoring near- and medium -term changes to its present state (e g its agreement with Miami -Dade County for use of facilities Calusa Park expires in 2008), Upon adopting a new program for acquiring parks and recreation space, the Village will need to incorporate appropriate objectives and policies into the Master Plan (3) Amendments to the Recreation and Open Space Plan None (4) Evaluation of Goals, Objectives, and Policies of the Recreation and Open Space Plan See matrix on following page (5) Recreation and Open Space Plan Land Development Code Ordinances Section 30-100(b) Development Regulations Minimum Pervious Area Section 30-100(e) Development Regulations Setback Regulations Section 30-108 PROS Public Recreation and Open Space District Wallace Roberts & Todd, LLC 58 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 1 1 1 Policy 1 21 Policy 1 31 Policy 1 3 2 Policy 1 3 3 Policy 1 3 4 Policy 13 5 Policy 14 2 Policy 1 51 RECREATION AND OPEN SPACE Provide a desirable level of public recreation and open space facilities together with supplemental private recreation and open space facilities. Enforce an existing development agreement with a pnvate property owner to provide Implemented ongoing The Village offers FAR incentives for offenng beach access open to the general public as a condition for development approval beach access easements Seek pint use agreement with School Board to assure resident access to the schoors playfields Reserve for recreation use all Village -owned land designated on the FLUM and seek additional acreage to meet standard of 2 5 acres per 1 000 people permanent population (concurrencylLOS standard) through purchase long-term lease and/or donation By statutory deadline conduct a feasibility study of obtaining additional sites needed to achieve and maintain LOS standard Continue to pursue acquisition (purchase or lease) of park land to meet LOS standard outlined in Capital improvement Schedule As acquisition of park tracts is assured finalize detailed planning for facilities such as ball fields playgrounds and community center and initiate a phased mpiementation plan Implemented In progress Although the Village still does not meet the standard of 2 5 acres per 1 000 persons it has added parks and recreation space to its roster (Village Green Village Lake and Beachfront Parks St Agnes fields) and has some prospects (Key Biscayne Presbytenan Church Village Civic Center Park) Implemented In progress As mentioned above the Village is pursuing opportunities with the Key Biscayne Presbytenan Church and an undeveloped parcel adjacent to the civic center In progress The Village has hired SWA consultants to assemble a potential capital improvements list including parks and recreation projects The committee compnsed of resident volunteers is in the process of pnonbzing the projects based and estimating costs Explore a recreation impact fee to help finance acquisitions and improvements by Not implemented 1994 By statutory deadline or sooner enact and enforce as part of LDC minimum front side and rear residential setbacks and a no less than 30/ pervious open space minimum of total site area for the average single family residential site By statutory deadline or sooner enact and enforce LDC zoning to implement Waterfront Recreation and Open Space category to preserve open space uses such as the beach club and yacht club Pervious space requirement will be no less that 15/ of entire site Evaluate the desirability of developing a village center in tandem with central area public open space Complete an inventory of private and semi public recreational facilities to finalize the plan described in Policy 1 3 3 Partially Implemented After using County code as the standard the Village passed setback and open space ordinances for SF -R on 10/24/00 However rt has not passed setback and open space requirements for other districts Implemented ongoing After using County code as the standard the Village added a new dlstnct to its LDC on 5/9/00 Public Recreation and Open Space Implemented Key Biscayne Is working toward creating a Village center The buildings have been completed but the amenities are still under construction Implemented Ordinances 30 100(b) 30- 100(e) Ordinances 30-108 Wallace Roberts & Todd, LLC 59 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN g Intergovernmental Coordination (1) Purpose of Intergovernmental Coordination Plan The purpose of the Intergovernmental Coordination Plan is to "Maintain or establish processes to assure coordination with other governmental entities where necessary to implement the Master Plan ' (2) Summary Assessment The Village has active relationships with Miami -Dade County and the School Board to implement policies and objectives related to education, parks and recreation, water and sewer provision, and water quality In certain cases, the Village has yet to meet its LOS standards However, as with the provision of sanitary sewer service the Village is jointly involved with the Miami -Dade Water and Sewer Authority in the planning stage of the project, with the provision of adequate parks and recreation space, the Village continues to keep open dialogue with appropriate County agencies while simultaneously seeking alternative means to provide adequate services to its residents (3) Amendments to the Intergovernmental Coordination Plan None (4) Evaluation of Goals, Objectives, and Policies of the Intergovernmental Coordination Plan See matrix on following page (5) Intergovernmental Coordination Plan Land Development Code Ordinances There are no ordinances directly related to Intergovernmental Coordination policies Wallace Roberts & Todd LLC 60 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goal 1 Policy 1 1 1 INTERGOVERNMENTAL COORDINATION To maintain or estaNish processes to assure coordination with other governmental entities where necessary to implement this plan, Monitor the MDC Comprehensive Plan process as County Plan is updated and revised in conjunction with its Evaluation and Appraisal Review (EAR) Implemented ongorng Where the County makes decisions that affect the Village such as on Virginia Key in Crandon Park or at the Seaquanum the Village monitors its actions Policy 1 12 Maintain active dialogue with School Board staff concerning any Village elementary school plans Implemented ongoing Policy 1 13 Use informal mediation process of SFRPC to resolve annexation and other conflicts with other govemmental entities Obsolete The Vdlage has not attempted to annex any land nor does it foresee doing so Policy 1 14 Review and compare proposed development in City of Miami and MDC with proposed development of Village Comprehensive Plan and where appropnate respond at public heanngs through memoranda or through the SFRPC mediation process Implemented ongoing 1 1 1, , ) fir. l' .. I Policy 121 Consider and attempt to consummate the following mtedocal agreements by 1999 Extension of Sewers Coordinate and cooperate with appropnate County agencies In progress Solid Waste Disposal Coordinate and cooperate with County Solid Waste Management Department Implemented ongoing Lease of Calusa Park Village maintains park to benefit all County residents and meet Village recreation LOS Partially implemented Lease of Virginia Key Site(s) for Recreation Village commits to devekop and maintain sites to meet Village recreation LOS Implemented The Village is a member of the Virginia Key Master Plan Committee which is guiding the development of Virginia Key Expansion of Calusa Park in to Crandon Park Accommodate play fields to meet Village recreation LOS (requires that Village petition MDC to modify its current plan for Crandon Park) Not implemented Although the Wage still does not meet the standard of 2 5 acres per 1 000 persons it has added parks and recreation space to its roster (Village Green Vdlage Lake and Beachfront Parks St Agnes fields) and has some prospects (Key Biscayne Presbyter Bill Baggs State Park Agreement with FDEP to provide play fields to meet Village recreation LOS (requires that Village petition state govemment agency to modify its current plan for Bill Baggs State Park) Not implemented The agreement was rejected by the legislature Key Biscayne Elementary School Make playground available for Village use Implemented The Village maintains the property in exchange for its use dunng certain hours Crandon Boulevard Improved streetscape Implemented ongoing The Crandon Boulevard Master Plan is in Phase II of constriction Policy 12 2 Maintain dialogue with Metro -Dade Planning Dept and other County agencies relative to limiting land use intensity Implemented ongoing Where the County makes decisions that affect the Village such as on Virginia Key in Crandon Park or at the Seaquanum the Village monitors their actions Policy 1 2 3 Assist in providing information regarding services such as waste water sewers transit and humcane response to residents In progress Policy 1 2 4 Improve Biscayne Bay water quality by the following In progress implementation of Master Drainage Plan In progress Replacement of septic tanks with sanitary sewers tied into County system In progress Mandating on site stormwater detention Implemented Ordinances specify the retention of runoff on site Manna siting standards Implemented Policy 12 5 Improve Biscayne Bay water quality by coordination with BBSDRC FDEP and Implemented ongoing �,� i .. . . L r J t fir, l 1•.. I 14y. t yt t �U -'S Irt( -; 7 .; t 11-, ,; 1. f J t t 4 Policy 13 1 standards Monitor changes to LOS standards of Metro -Dade County and adjust own LOS accordingly In progress Wallace Roberts & Todd, LLC 61 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN h Capital Improvements (1) Purpose of Capital Improvements Plan The purpose of the Intergovernmental Coordination Plan is to " To undertake capital improvements necessary to provide adequate Infrastructure and a high quality of life, within sound fiscal practices " (2) Summary Assessment The Village has been diligent about implementing objectives and policies in the capital improvements section annually updating its capital improvements budget monitoring levels of service and adhering to Coastal High Hazard Area limitations The Village is examining the feasibility and implications of adjusting the parameters of the debt cap requirements Any change would be included in a referendum in the November 2006 elections (3) Amendments to the Capital Improvements Plan None (4) Evaluation of Goals, Obtectives, and Policies of the Capital Improvements See matrix on following pages (5) Capital Improvements Plan Land Development Code Ordinances Section 30-160 30-166 Concurrency Management Section 30-163 Level of service standards For the purpose of concurrency determinations, the Village has adopted a master plan that provides the Level of Service Standards (LOS) for public facilities and services roads, sanitary sewer solid waste drainage potable water, and parks and recreation All developments that are subject to a finding of must be consistent with these standards Wallace Roberts & Todd LLC 62 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goal 1 Policy 1 1 1 CAPITAL IMPROVEMENTS To undertake capital Improvements necessary to provide adeIuate infrastructure anti a high quality of life, within sound fiscal practices. Staff and engineering studies to form basis for preparation of a 5 -year capital improvement program with one year capital budget in order to further MP elements Implemented The Village does a one year Capital Improvement Budget and a fiscal budget every five years Policy 1 12 Capital improvement program to include drainage facility program based on 1993 DMP Implemented Policy 1 13 Public safety quality of life LOS redevelopment and Biscayne Bay enhancement projects will be used as cntena for setting pnonties that include financial feasibility or budget impact assessments Partially Implemented The Village does not enhance Biscayne Bay because it is the County's responsibility Policy 1 14 Maximize use of designated funds (such as drainage utility and sewer assessments) in order to free general funds for other Village projects such as park land acquisition and streetscape work Implemented ongoing The Village does this as part of its Capital Improvement Budget Policy 1 15 Policy 121 Pursue a prudent policy in terms of borrowing for capital improvements or other purposes Maintain the following peak four LOS standards Implemented ongoing Streets Regulate the tarring of development to maintain peak hour LOS standards (Artenai LOS E Collectors LOS B Local Service Streets LOS A) LOS along Crandon Boulevard could potentially fall slightly below E" near north Village limits implemented ongoing Sanitary Sewers in Sewered Areas Not to exceed 98•/ of County treatment systems rated capacity Average sewage generation standard of 140 gallons per capita per day Implemented ongoing Sanitary Sewers in Unsewered Areas Permit septic tanks only in compliance with county and state standards In progress The Village is in the planning stage of the process of converting all non-sewered areas to sewer Potable Water Not to exceed 98Y of County treatment and storage systems rated capacity with at least 20 lbs per sq inch at property line and average 280 gallons per capita per day Implemented ongoing Drainage Nonresidential development and redevelopment accommodate runoff to meet Federal state and local requirements Implemented ongoing Solid Waste County system maintains a minimum of 5 years capacity Village use generation rate of 5 2 lbs per person per day Implemented ongoing Recreation Maintain a LOS standard of at least 2 5 acres of park land per 1 000 persons permanent population In progress Prior to and since incorporation the Village has been below a LOS standard of 2 5 acres of parks and recreation space per 1000 persons However the Village is in an ongoing pursuit to achieve this goal Wallace Roberts & Todd, LLC 63 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 1 31 Policy 141 Capital improvement program schedule shall not include projects that would achieve significantly more intensive development than authonzed by this plan by directly causing developer applications for Land Use Plan or zoning map amendments By statutory deadline or sooner enact and enforce a concurrency management system that meets 9J 5 0055 as part of LDC Implemented ongoing Implemented ongoing Ordinances 30-160 30 166 1 Measure conformance with LOS standards for water solid waste and drainage recreation and traffic Implemented ongoing 2 Concurrency Monitonng System Implemented ongoing The Land Development Code requires a review of concurrency dunng every budding permit application review 3 Capacity Reservation Implemented ongoing 4 Administration Implemented ongoing 5 Project Impact or Demand Measurement Policy 1 51 Implemented Ordinances 30 163 The concurrency management system formulas shall include the public facility demands to be created by the two DRI projects as committed" and capital improvement schedule shall include the project implications of this demand to assure concurrency Implemented ongoing Policy 1 5 2 Explore a recreational impact fee for all new development to help fund acquisitions and improvements by 1994 Not Implemented Policy 1 5 3 The Village shall not give approval to new projects that create need for expanded capital improvement unless the project pays a proportional share of the costs of these improvements following legally prescnbed cntena for such fees Implemented Wallace Roberts & Todd, LLC 64 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 4 Major Local Issues In 1998 the State of Florida modified statutory requirements for the EAR permitting local governments to identify key local issues and use them as the basis upon which to measure the performance of the Master Plan A subcommittee of the Village s 2020 Vision/EAR Committee —the EAR Advisory Subcommittee —was delegated the task of identifying key local issues to be addressed in the EAR To this end, the subcommittee held a series of meetings in May and June 2005 involving lively, exhaustive dialogue among the members —many of whom were similarly involved in the pre -incorporation work and the work preceding the Village s 1995 Master Plan —as well as close coordination with the initial round of visioning activities that led to the formulation of the Vision Statement The resulting set of major issues, described in the following pages, was unanimously approved by the EAR Subcommittee and then by the 2020 Vision/EAR Committee at its June 15, 2005 meeting The list was subsequently ratified by the Village Council via Resolution No 2005-28 on July 5, 2005 (see Appendices) The list of issues was also shared with adjacent local governments and State and regional agencies The twelve major issues are as follows Issue a Definition, Preservation and Enhancement of Key Biscayne's Unique Village Character and Quality of Life Issue b The Need for Additional Local Parks, Recreation Space and Open Space Issue c Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and Virginia Key - Interlocal Cooperation Relative to Village Issues Issue d Implications of Redevelopment Issue e Traffic Volume, Operations and Safety Issue f Sustainability of Local Retail and Services Issue g Vulnerability to Damage from Tropical Storms and Hurricanes Issue h Need to Improve or Replace Infrastructure Wallace Roberts & Todd, LLC 65 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Issue i Implications of Debt Cap Issue] Conservation, Coastal Management and Environmental Protection Issue k Land Development in the Context of Master Plan Goals, Objectives, and Policies Issue I Historic, Cultural and Educational Resources and Needs Wallace Roberts & Todd, LLC 66 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN a Definition, Preservation and Enhancement of Key Biscayne's Unique Village Character and Quality of Life What are the defining qualities and conditions that give the Village of Key Biscayne its unique identity and sense of place? What pressures and conditions exist that may threaten the preservation and enhancement of those defining qualities? In the face of redevelopment pressures, escalating land and housing costs and ongoing demographic shifts there is growing concern among the community about whether the Village will be able to retain its small town character casual charm and ambiance and diverse population (1) Assessment of success in implementing Master Plan objectives related to issue Goal 1 of the 1995 Master Plan Future Land Use Element attempted to summarize the community s view of the residential character and quality it sought to preserve based on feedback it received from a survey questionnaire mailed to 5,000 local addresses Complete results were included in the 1995 Master Plan, excerpts are below • 84 percent of those who responded wanted residential development to be at the lowest density possible, consistent with the protection of reasonable property rights, • 84 percent also said they favored either no more retail development or only 'a very limited amount , ■ 85 percent of the respondents felt the same way about additional office development, ■ 58 percent of the respondents wanted public beach access although most wanted it limited to Village residents The majority of those stating an opinion wanted a bay -front park, ■ 61 percent opposed developments which place apartments above retail uses, • 74 percent favored some kind of architectural review process The Village has closely followed and complied with the interrelated goals objectives and policies which complement the Master Plan's Wallace Roberts & Todd, LLC 67 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN definition of the desired community character Among other things the Village (1) adopted land development regulations consistent with the Master Plan (2) retained professional and trained staff and implemented procedures to enforce the adopted codes and provide guidance to those seeking development approvals (3) acquired and improved the Village Green and other parks (4) negotiated set -asides for additional parks and open space, (5) developed the Civic Center complex including the Community Center, (6) promoted communication through an interactive website, community television and other means (7) solicited community involvement through advisory committees and otherwise, (8) performed numerous streetscape and landscape improvements, and other beautification measures and (9) has undertaken the 2020 Vision initiative Experience, reflection and more active community involvement have enabled citizens to produce a finer grained vision statement --that more accurately reflective of the true Key Biscayne character and quality of life valued by residents (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated The Crandon Boulevard Master Plan Citizen s Advisory Committee held a series of visioning exercises to inform the street s design concept Results show that sentiment for the Village s character has remained largely unchanged over the past decade residents want to preserve the human scale of the Village the shady, often native vegetation, the juxtaposition of elegance and relaxation, and the breezy, ocean -side appearance In some respects, however, the Village s goals have evolved For example, public sentiment about retail needs and traffic circulation appear to have changed, as reflected in the EAR public participation and 2020 Vision SWOT exercises This is demonstrated through a commitment to traffic interconnection between Fernwood Road and the commercial centers along Crandon Boulevard, and between the commercial centers, that was not evident in 1995 Wallace Roberts & Todd, LLC 68 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN b The Need for Additional Local Parks, Recreation Space and Open Space In spite of recent major initiatives to create new parks and recreational facilities, the Village continues to have an unmet need within the Village limits for recreational and open space amenities for the existing residents —particularly the growing population base of families with children Deficiencies include passive parks, multi -purpose playing fields, ball fields, neighborhood -scale parks, mini -parks, and other recreational facilities In addition, the Village, though located on an island, has limited public access to Biscayne Bay and the Atlantic Ocean Given the near -built -out condition of the community and escalating property values, the Village faces a number of challenges in providing additional park sites, playing fields and other recreational opportunities (1) Assessment of success in implementing Master Plan objectives related to issue The Village's Level of Service standard for parks and recreation space as measured by total acreage continues to be unmet Table 8 Key Biscayne Parks and Recreation Level of Service Total Acreage Parks & Recreation Space Population Level of Service Standard (acres/1000 people) Actual Level of Service (acres/1000 people) Shortfall (acres) 1995 14 5 8 841 2 5 1 64 7 6 2000 21 8 11 190 2 5 1 96 6 2 Calculation of Level of Service in 1995 When the Master Plan was adopted in 1995, three facilities in Key Biscayne contributed to the calculation of the level of service' the Crandon Boulevard Tree Farm, the Key Biscayne Community School (now known as the Key Biscayne K-8 Center), and Calusa " The Village is not able to include towards its acreage count Miami Dade County s Crandon Park to the north the State of Florida s Bill Baggs Cape Florida Park to the south and the privately owned limited access 2 4 -acre Key Biscayne Beach Club and 4 5 -acre Key Biscayne Yacht Clubs (both are within Village limits) because the facilities are neither under its jurisdiction part of an interlocal agreement nor in the cases of the private clubs openly accessible to the general public Wallace Roberts & Todd, LLC 69 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Park According to the Master Plan, these three facilities together totaled 14 5 usable acres corresponding, in 1995 to a parks and recreation level of service of 1 64 acres per 1,000 permanent residents • The first the 9 2 -acre Crandon Boulevard "Tree Farm was purchased in the early 1990s by the Village to serve as the Village Green a passive recreation facility with a playground and a path encircling multi -purpose use open fields By developing this facility the Village partially met Objective 1 4 of the Recreation and Open Space element which seeks to achieve open space • The second, Key Biscayne Community School, provided the Village with 2 3 acres of recreational space Shortly following the adoption of the Master Plan and consistent with Objective 1 2 of the Recreation and Open Space Element, the Village signed a formal joint use agreement with Miami -Dade County Public Schools regarding use of Key Biscayne K-8 Centers fields The Village s Parks and Recreation Department maintains all of the school s grounds in exchange for public use of the fields at the conclusion of the school day • The third facility, Calusa Park, which is inside the Village s northern boundary yet part of Miami -Dade County s Crandon Park, provided, among its 9 5 total acres, 3 0 acres of usable playfields and recreational facilities and 4 5 acres of mangroves and other vegetation The Village does not own the Park, but has an interlocal agreement for its nonexclusive use with Miami -Dade County12 At the time the Master Plan was adopted, the Village anticipated expanding Calusa Park at its own expense in order to provide additional acres of parkland and space suitable for active recreation uses However, an agreement with the County was not reached since the County was in the process of developing its own Crandon Park Master Plan to determine future uses of park assets 12 Through its interlocal agreement with Miami Dade County the Village of Key Biscayne Parks and Recreation Department is responsible for administering the management of both Calusa and parts of Crandon Park including weekly inspections for maintenance and safety concerns Wallace Roberts & Todd, LLC 70 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Parks, Recreation and Open Space Changes between 2000-2005 The composition of the Village s parks open and recreation space has changed over the past decade In accordance with recommendations in the Master Plan,13 the Village • Built a new community center on the northwest sector of the Civic Center site, • Added the 2 8 -acre Key Biscayne Lake Park located at the corner of East Enid Drive and Crandon Boulevard • Renovated and upgraded beach access at the 2 0 acre Beach Park, the improvements are designed to concentrate most of the activity along the beach in order to maximize residents access to the ocean 14 • Completed a beach renourishment project that added approximately 11 acres of sand to the shoreline bordering the Village s eastern limit The pre-renourishment beach was 18 48 acres and the post-renourishment beach was approximately 29 53 acres upon project completion in 2001 Floor Area Ratio incentives for providing beach access easements have been added to the Zoning Code In addition to recommendations in the Master Plan, the Village • Entered into a joint use agreement with St Agnes Catholic Church in 2004 that formalized Village use of the Church s 2 1 -acre playing field In exchange for use of the Church's fields, the Village Parks and Recreation Department contributed $400,000 in improvements, including lights for the field and refurbished drainage, sod and irrigation 13 The Master Plan also recommended the acquisition of the residential and commercial blocks between West McIntyre Street West Enid Drive Glenndge Road and Crandon Boulevard (totaling 6 7 acres) for open space and recreation facilities and the development of the Enid/Crandon/Seaview Drive parcel (10 2 acres) into a recreation facility The Village did not acquire these blocks as originally described Instead since 1995 property has been acquired between Fernwood and West McIntyre Street south of the Village Green for the construction of the Community Center on the south side of West McIntyre Street between Fernwood Road and Crandon Boulevard for the development of the Fire Station and Village Hall and between West McIntyre Street and Crandon Boulevard south of the Sun Trust Bank site for the development of a passive park This last parcel however remains vacant The Civic Center Master Plan contemplated a theater or cultural center on this parcel based on feedback from residents A final decision on the use of this parcel has not yet been made however at 0 33 acres in area the parcel is not large enough to accommodate playfields or other active recreation facilities 14 The land for Lake Park and Beach Park was deeded to the Village by the Ocean Club in 2001 and 2002 respectively Wallace Roberts & Todd, LLC 71 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN systems In addition, the Village annually pays St Agnes $36,000 in lease fees ■ Acquired 0 4 acres of pedestrian friendly pocket parks and mini -plazas (reclaimed from pavement) as part of the Crandon Boulevard Master Plan The Village lost approximately 0 28 acres of playing fields at the renamed Key Biscayne K-8 Center (formerly known as the Key Biscayne Community School) in 2004 to the construction of a new Middle School facility at the southwest corner of the campus The building was completed in June 2005 Calculation of Level of Service in 2005 Of the projects listed above, the following contribute to the 2005 Parks, Recreation and Open Space Level of Service Table 9 Parks and Recreation Facilities Counted in 2005 Level of Service Calculations' Parks and Recreation Space Calusa Park' 2 Village Green Key Biscayne K-8 Center3 East Enid Lake Park Beach Park Pocket Parks4 St Agnes Field TOTAL Acreage 3 00 9 50 2 02 2 78 2 00 0 39 2 13 21 82 1 Calusa Park is with the Village limits and is used by Key Biscayne residents but it belongs to Miami -Dade County 2 The 3 0 acres includes open space and recreational facilities but excludes protected mangrove areas 3 The acreage count for the Key Biscayne K-8 Center has changed over the past decade due to renovations and expansions to the onginai K-5 facility in 1995-1997 and the construction of a new Middle School building to serve grades 6 8 in 2004-2005 4 The pocket parks are part of the Crandon Boulevard Streetscape Master Plan Today the level of service is estimated at 1 96 acres per 1 000 residents based on the estimated 2003 population of 11 160 persons To meet its objective of 2 5 acres per 1 000 residents at current population levels, the current parks and recreation space needed is a total of 27 9 acres Moreover to meet the needs of Wallace Roberts & Todd, LLC 72 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN the projected build -out population of 11,425, approximately 28 6 total acres of parks recreation and open space land would be needed by 2015 (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated Since the completion of the Master Plan, the amount of potential land available for conversion to parks and recreation space has decreased Vacant or redevelopable lots once for sale and possibly suitable for public pocket parks and bay access points have since been purchased and developed privately These parcels would be extremely costly to acquire and convert to public use today factoring in values of the land and existing structures In conjunction with its visioning process, the Village of Key Biscayne is evaluating an extensive list of capital improvement projects, which includes several projects relevant to the protection and enhancement of the Village s parks and recreation space In January 2006, a subset of members of the 2020 Vision/EAR Committee's EAR Subcommittee was asked to rank the priority and estimate the cost of each project Upon consideration of input from the community and the other members of the EAR Subcommittee as well as the full citizen's advisory committee, the following projects were labeled as high priority • Civic Center Park (use of this now vacant parcel at 560 Crandon Boulevard is to be determined at a later date in the context of all the Vision Plan projects) • Bay Access (20 foot wide Matheson Drive View Corridor to Bay) • Community Parks/Playing Fields (Option 1 Key Biscayne Presbyterian Church (through a joint use agreement) — enhancements include a Bayfront Park, Playing Field, Canal Bay Access Park, Mangrove Interpretive Park, floating fishing pier over water, Option 2 Bayfront Park on Harbor Drive —enhancements include a sandy beach small shade structure, sitting areas, pier, trees and grass) • Calusa Park (mangrove nature trail with bay access and new baseball and soccer fields —in addition to existing tennis, courts, bathrooms and a parking lot) Wallace Roberts & Todd, LLC 73 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Neighborhood Parks (overlook in nght of way on Crandon Boulevard at Pines Canal, short interior street ROW demolition trees, grass, benches pedestrian -scale lights) ▪ Nature Trails (Presbyterian Church bay area to St Agnes Church at rear or 7-11 Shopping Center through Calusa Park to Crandon Park Tennis and St Agnes Playing Field to 7-11 Shopping Center) c Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and Virginia Key - Interlocal Cooperation Relative to Village Issues Despite a recent extension of the interlocal agreement for use of Crandon Park as a whole Calusa Park —a portion of Crandon Park but also an appurtenance to the Village —remains an underutilized resource Considering that Virginia Key, Crandon Park and Bill Baggs Cape Florida State Park abut the Village and affect local conditions interlocal cooperation with the City of Miami, Miami -Dade County State of Florida Department of Environmental Protection and other agencies will be critical to forestall problems and find solutions to local and regional problems related to park access, usage, and visitation issues As one of three governments involved in creating the Virginia Key Master Plan the Village must continue to work with Miami -Dade County and the City of Miami to ensure that the Master Plan includes facilities necessary to meet the needs of Key Biscayne residents (1) Assessment of success in implementing Master Plan objectives related to issue The Key Biscayne Master Plan devotes an entire chapter to intergovernmental coordination to strengthen its relationships with other jurisdictions and protect its interests amidst regional change Where the State, the County, and the City of Miami make decisions that affect Key Biscayne, the Village Council monitors their actions and maintains ongoing communication with them • The Village Council has participated in ongoing dialogue with the State, the County, and the City of Miami to address traffic, safety and redevelopment concerns generated by Virginia Key, the Causeway and Crandon and Bill Baggs Cape Florida Parks Wallace Roberts & Todd, LLC 74 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • The Village is a member of the Virginia Key Master Plan Committee According to the City of Miami Planning Department the Virginia Key Master Plan s intent is to develop meaningful waterfront and public open space areas, to offer policies for the use development and management of land and to protect and enhance natural resources while providing the necessary infrastructure and traffic flow to serve future development • The 3 -acres of open space usable for recreation at Calusa Park outside north edge of Key Biscayne's municipal limits, are located within the boundaries of Miami -Dade County's much larger Crandon Park This publicly accessible part of Calusa Park s 9 acres is largely a clearing surrounded by mangroves on three sides and consisting of tennis courts, a playground, open space, a pavilion with public restrooms and a parking lot The Village has attempted to reach agreements with Miami Dade County for improvements to Calusa that would add a soccer/baseball playing field, without result to date However, the Village plans to upgrade the pavilion/restroom facility and modify the tennis courts into multipurpose sports courts, to meet both Crandon Park Master Plan and Village needs, has been approved • The Village negotiated an extension to the Crandon Park agreements providing for use of lighted playing fields on a scheduled basis • The Village attempted to negotiate with the State of Florida a possible solution to its open space and playing fields deficiencies by dedicating a portion of the area adjacent to the north entrance of Bill Baggs Cape Florida Park to local recreational needs, subject to appropriate controls and defined uses However, an agreement, which would have added a nature trail with bay access and soccer and other playing fields, was not met (2) Description of changed circumstances Of any) related to issue since Master Plan was prepared/updated See preceding section, C(1) Wallace Roberts & Todd, LLC 75 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN d Traffic Volume, Operations and Safety The Village has made great strides in improving traffic safety through traffic calming in certain areas of the Village In other areas of the Village, excessive traffic speed and cut -through traffic remain a problem, particularly in areas lacking sidewalks and crosswalks for pedestrian safety Changing demographics growth, and commerce have resulted in local traffic congestion In addition, expected increases in visitation to the regional attractions located on or near Key Biscayne —particularly during holiday weekends and for special events —raise concerns about ever-increasing traffic congestion on Crandon Boulevard, the Village s main conduit for ingress and egress as well as about traffic speed, cut -through traffic and public safety on residential streets (1) Assessment of success in implementing Master Plan objectives related to issue As recognized in the Crandon Boulevard Master Plan the level of congestion has great potential to increase while new development will be limited, older single-family homes within residential areas are being redeveloped into larger homes for larger families with more cars, Given that the current build out of some commercial developments is below the allowable 0 50 Floor Area Ratio an increase in the commercial square footage is possible The Ocean Club condominium development currently has a very low average occupancy rate, but is likely to see a significant increase Because Crandon Boulevard is the sole access to Bill Baggs Cape Florida Park and the only thoroughfare traversing Key Biscayne, the road already experiences heavy through -traffic Crandon Boulevard, the Village's only principal urban arterial roadway15 and the only Village road that remains under Miami - Dade County Jurisdiction, is the first street to undergo major improvements since the adoption of the Master Plan The study that resulted in the 2004 Crandon Boulevard Master Plan was approved and funded by the Village of Key Biscayne and Miami - Dade County in an interlocal agreement dated February, 8, 2002 The study sought to address the following goals improved public safety easing of traffic congestion, traffic calming pedestrianization, improved mass transit, and improved 15 This designation was granted by the Federal Highway Administration and the Florida Department of Transportation Wallace Roberts & Todd, LLC 76 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN streetscape and landscape elements Based upon the recommendations provided by the Village Council, The Crandon Boulevard Master Plan Committee, an 18 -member citizen advisory committee appointed by the Village Council, worked with consultants and members of the public to achieve these goals The Committee made its recommendations to the Council, who approved the Master Plan in 2004 The Miami -Dade County Commission followed with its approval In February 2005, the Village began the first phase of construction at the intersection of Crandon Boulevard, West McIntyre Street, and Galen Drive in front of the Civic Center Phase II of the project began in July 2005 along Harbor Drive from Fernwood Road to the intersection with Crandon Boulevard Harbor Drive is one of the Village's two collector streets Phase II also includes improvements from the entry block of Crandon Boulevard to West McIntyre Street to the southern end of Crandon Boulevard at the entrance to Bill Baggs Cape Florida State Park Public safety and street improvements in Phase II include • Redesigned intersections where Crandon Boulevard meets cross streets and condominium entranceways, features include tightened corner radii and contrasting pavers in pedestrian crosswalks and infields, • A new 8 foot wide sidewalk on each side of Crandon Boulevard, • Curb and gutters on the commercial frontage along Crandon Boulevard and Harbor Drive, • Improvements on Crandon Boulevard and Harbor Drive that will increase the flow of traffics, • A large traffic circle on Harbor Drive and Fernwood Road that will increase the flow of traffic • New traffic lights that will maintain the flow of traffic on Crandon Boulevard, • Marked bicycle path on each side of Crandon Boulevard, • shade trees along the swale and additional palm trees in the median on Crandon Boulevard, and 16 This will be critical in responding to concerns regarding traffic congestion the Crandon Boulevard Master Plan recognized the heaviest regular congestion experienced within the Village is at the intersection of Crandon Boulevard with Ocean Lane Drive and Harbor Drive Wallace Roberts & Todd, LLG 77 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • New bus shelters and benches along the east side of Crandon Boulevard and bus stops with benches along the west side for the entire length of the Boulevard with the Village limits Phase I Intersection improvements at the Crandon Boulevard intersection with West McIntyre Street and Galen Drive, as well as between Crandon Boulevard and Village Green Way along West McIntyre Street were paid for by funds appropriated from 'the Civic Center Project budget Phase II is funded primarily by the proceeds of a half -penny transit tax approved by Miami -Dade County voters in 2002, that was awarded to qualifying municipalities on a yearly basis, the Village leveraged its share of these funds to raise approximately $2 3 million of the $4 0 million estimated costs The surtax funds are supplemented by contributions from developers currently redeveloping or planning to redevelop commercial properties in the Village of Key Biscayne The State of Florida contributed $1 million in additional funding in acknowledgement that Crandon Boulevard provides the only access to Bill Baggs Cape Florida State Park, one of the most highly visited parks in the state Specific funding for the implementation of Phase III had not been identified at the time of adoption of the Crandon Boulevard Master Plan However, County and State sources are expected to be available As of February 2006, Phase II construction work has been funded from a $3 5 million loan paid from County funds, a $1 5 million County -approved grant from the Florida Department of Transportation (FDOT) and $282,994 from developer impact fees 11 Four local roads serve important functions in Key Biscayne's circulation network, in addition to Harbor Drive and West Mashta drive designated collector roads by FDOT standards Fernwood Road, one of three north/south roads in the municipality, separates the commercial district from the residential area As such, it will need to be explored for improvements West Wood Drive, West McIntyre Street and West Heather Drive all collect traffic from tangential Village streets and direct it to Harbor Drive and Crandon Boulevard To date the Village has made minor improvements to some east/west roads east of Crandon Boulevard (East Enid Drive, Seaview Drive and Grapetree Drive), but none was part of a " The Village is seeking funding to continue the project on Crandon Boulevard from McIntyre Street to the State Park Wallace Roberts & Todd, LLC 78 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN comprehensive strategic plan to improve the network A coordinated methodology is necessary Multimodal Transportation In 1999, the Village of Key Biscayne Chamber of Commerce undertook a study to explore the interest in and the feasibility of a free trolley service in Key Biscayne geared toward seniors Survey results indicated that the majority of respondents supported a trolley service, but believed it should be paid for by private enterprise rather than the Village Based on this feedback, the Village proceeded to contact the Miami -Dade Transit Authority (MDTA) to initiate the process of creating an interlocal agreement and applying for a circular route certification of transportation Prior to formalizing any agreements the Chamber of Commerce sought to procure a trolley for a tnal testing period, trolley vendor quotes were prohibitively expensive and the project was deemed to be unfeasible due to the high costs involved for comparatively low projected ridership In February 2004, the provision of a trolley service was revisited by the Crandon Boulevard Master Plan Committee MDTA, a consultant to the Crandon Boulevard Master Plan Committee, suggested expanding target ridership from primarily seniors to a mixed age group Upon reviewing the recommendation, the committee determined that 'a trolley service owned and operated by the Village of Key Biscayne would entail extensive costs for equipment, personnel, and maintenance, and not have sufficient riders to make it economically feasible at this time A more detailed study in the future could be performed to determine if a different trolley/shuttle passenger mix, such as children attending island public and private schools, seniors, and MDTA bus riders, could be feasibly accommodated The Miami -Dade County Metropolitan Planning Organization Municipal Program has planning fund available for such studies, and interested municipalities can compete for these planning funds (2) Description of changed circumstances Of any) related to issue since Master Plan was prepared/updated According to the February 2004 Traffic and Parking Impacts of Commercial Development study commissioned by the Crandon Boulevard Zoning and Redevelopment Committee, during the past 10 years, intra-Village traffic grew by 15 percent while traffic along Crandon Boulevard north of Harbor Drive (beyond northern Village Wallace Roberts & Todd, LLC 79 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN limits) had only a 5 percent increase The growth of the infra - village traffic is the direct result of new construction and redevelopment including the Ritz -Carlton Hotel (formerly the Grand Bay Resort) the Grand Bay Residences (condominiums and single family homes), the Ocean Club, and a proportional increase in drivers per household Many of the larger commercial properties that front on Crandon Boulevard are bounded along their rear property line by Fernwood Road The Village has been considering the possibility of allowing driveway connections from Fernwood for these properties Such connections are expected to produce a redistribution of traffic from Crandon Boulevard to Fernwood Road of 5 to 10 percent and a more limited redistribution along the intersecting side streets Since adoption of the Master Plan, the Village has started funding a senior transport service Administered by the parks and recreation department, to service transports seniors to any location on the Key including Crandon and Bill Baggs Cape Florida State Parks e Implications of Redevelopment Due to ever -escalating property values and unavailability of vacant land, pressures for redevelopment continue to grow Redevelopment issues remain a major concern of the Village The replacement of homes built in the 1950s and 1960s with new homes has resulted in increases in population and vehicular traffic, as well as in visual impacts related to the scale and massing of new buildings In addition existing, older rental apartment buildings will either be substantially renovated or demolished and replaced with new condominium buildings The conversion of apartment buildings affects the availability of housing at price points that might attract seniors, young adults and others that would enhance the diversity of the community Similarly, concerns exist about the impacts that proposed hotel and condo -hotel redevelopment at the existing Sonesta Resort and potential future redevelopment of the small-scale Silver Sands Motel sites might have on density, building mass traffic and local businesses (1) Assessment of success in implementing Master Plan objectives related to issue Wallace Roberts & Todd, LLC 80 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN When the Master Plan was adopted in 1995, the trend of sound, existing modestly -scaled houses being demolished in order to build excessively proportioned houses with modern amenities was emerging in Key Biscayne Redevelopment s three pronged effect on the island —the alteration of the affordability and diversity of housing stock, appearance, and levels of traffic —has been addressed over the last decade in varying degrees Affordability and Diversity Appreciating property values and redevelopment continues to reduce the affordability and diversity of housing in Key Biscayne In recent years several rental properties have been converted to condominiums, thereby contributing to the overall diminishing availability of rental units As the older housing stock is converted into much larger, more expensive structures, the ability to purchase property on Key Biscayne is increasingly elusive as well In the Village, these trends most directly affect the elderly and young families with intentions to move within the island to different units, but not necessarily the means to be able to afford the taxes associated with doing so Through a variety of mechanisms, the Village has made and is in the process of making efforts to curb this trend For example, it • Converted the zoning designation of several properties on Fernwood Road to be Two -Family in order to diversify the housing stock Several of these properties are rentals • Permits group housing in all multi -family districts • Monitors the production of housing the larger metro area to ensure regional needs are met • Through the 2020 Vision process, continues to discuss the needs of its elderly population and will continue to explore the feasibility of providing incentives for the provision of assisted living facilities in the Key • Explores innovative solutions to increase the affordability and diversity of the stock while maintaining compliance with Coastal High Hazard Area regulations ' However, the Village's ability to provide affordable housing is constrained by several factors • As a Coastal High Hazard Area within floodplain designation AE the Village is not permitted to approve Wallace Roberts & Todd, LLC 81 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN any development applications that would serve to increase density beyond what exists or is allowed by current zoning and/or vested nghts • The Village is almost entirely built out Purchasing property from the very limited supply of vacant land would be costly and likely burden the debt cap Policy 1 3 1 of the Capital Improvements Element of the Master Plan states that the capital improvement program schedule shall not include projects that would achieve significantly more intensive development than authorized by this plan by directly causing developer applications for Land Use Plan or zoning map amendments Policy 1 5 3 of the same element follows the Village shall not give approval to new projects that create need for expanded capital improvement unless the project pays a proportional share of the costs of these improvements following legally prescribed criteria for such fees • Because it is bordered by Biscayne Bay to its west, county -owned Calusa and Crandon Parks to its north, the Atlantic Ocean to its East, and Bill Baggs Cape Florida State Park to its south annexation is not an option The University of Florida s Shimberg Center for Affordable Housing, under contract with the State of Florida Department of Community Affairs, prepares an Affordable Housing Needs Assessment (AHNA) for each municipality in the State in order to assist in the development and evaluation of comprehensive plan housing elements The ANNA provides information about household size, income (as measured against the median), ownership status, and other indicators While the ANNA is a suitable source of information on affordable housing in many municipalities in Florida, it is not for a small community with finite land resources such as Key Biscayne It is critical to note the Assessment's caveats According to the Shimberg Center s September 2005 Affordable Housing Needs Assessment Population and Household Projection Methodology report, the most important base data for preparing estimates and projections of housing demand is population data However population information is difficult to project for small jurisdictions such as Key Biscayne and therefore the accuracy of housing affordability forecasts in this case is compromised for the following reasons Wallace Roberts & Todd, LLC 82 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN ■ Population projections are based on previous trends in a jurisdiction As such, they are not able to account for a particular community having limited land availability ■ Population estimates and projections for small areas as compared to the nation or a state are difficult because of the influence of in- and out- migration of population, land availability zoning, infrastructure availability and other factors that have a large impact at the local level ■ In a smaller city like Key Biscayne, the impact of growth is magnified under certain projection techniques ■ Several avenues are closed off to a method that must project an age distribution at the jurisdiction (or other small area) level Cohort -component and econometric techniques require detail generally lacking at this geographic level ■ In general the complexity of a calculation and its potential error is increased by adding levels of detail (total population vs age, sex, and income detail), decreasing the size of the place (nation vs county vs census tract), and increasing the time since the last base point (estimate for 5 years since the last census vs 20 year projection vs 50 year projection) Estimating and projecting a population s composition is especially problematic for small geographic areas such as Key Biscayne because it requires the consideration of all three factors detail, size, and horizon According to the ANNA, the Village will have the following (Tables 11 and 12) demand for affordable housing over the next twenty years To reiterate, due to the caveats stated above, the Village deems these figures to be exaggerated Wallace Roberts & Todd, LLC 83 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 11 Affordable Housing Demand in Key Biscayne Year 2005 Year 2010 Year 2015 Year 2020 Year 2025 Total Number of Households 4439 4694 5038 5377 5560 Renter Households/% of Total 1243/28% 1280/27% 1354/27% 1416/26% 1468/26% Owner Households/% of Total 3196/72% 3414/73% 3684/73% 3961/74% 4182/75% Very Low Income renter Households/% of Total Rentals 445/36% 467/36% 500/37% 528/37% 552/38% Low Income Owner Households/% of Total Rentals 255/21 % 260/20% 277/20% 287/20% 294/20% Moderate Income Renter Households/% of Total Rentals 238/19% 244/19% 254/19% 265/19% 276/19% Total Low and Moderate Income Renter Householdsl% of Total Rentals 938/75% 971/76% 1031/76% 1080/76% 1122/76% Very Low Income Owner Households/% of Total 527/16% 570/17% 634/17% 708/18% 784/19% Low Income Owner Households/% of Total Owned 426/13% 463/14% 514/14% 569/14% 609/15% Moderate Income Owner Households/% of Total Owned 558/17% 594/17% 652/18% 701/18% 738/18% Total Low and Moderate Income Owner Households/% of Total Owned 1511/47% 162748% 1800/49% 1978/50% 2131/51% ource ordable Housing Needs Assessment Shimberg Center for Affordable Housing 2005 In order to accommodate local housing needs based on the Shimberg Assessment s household size, tenure and income projections, Key Biscayne would need to have the following quantities and distributions of units between 2005 and 2025 Table 12 Projected Demand of Renter- and Owner -Occupied Units by Income based on AHNA Data 2005 2010 2015 2020 2025 Very Low Income Units Rental 445 467 500 528 552 Owner 527 570 634 708 784 Total Very Low Income Units 972 1 037 1 134 1 236 1 336 Low Income Units Rental 255 260 277 287 294 Owner 426 463 514 569 609 Total Low Income Units 451 723 791 856 903 Moderate Income Units Rental 238 244 254 265 276 Owner 558 594 652 701 738 Total Moderate Income Units 796 838 906 966 1 014 Middle/Upper Rental 305 309 323 336 346 Income Units Owner 1 685 1 787 1 884 1 983 2 051 Total Middle/Upper Income Units 1990 2 096 2 207 2 319 2 397 ource Attordable Housing Needs Assessment Shimberg Center for Affordable Hous ng 2005 Wallace Roberts & Todd, LLC 84 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Highlighting one of the AHNA s caveats critical to Key Biscayne estimates are based on historic and current population figures and growth trends that do not necessarily reflect actual local conditions The data projects, upon continuous increase, a Village population of 14,068 in 2025 However, the Village Key Biscayne is currently very close to build -out and more likely to follow the growth trend predicted for the Village by Miami -Dade County, which forecasts a leveling of population in 2010 at approximately 11,425 residents The Shimberg Center estimates this population sometime between 2005 and 2010, therefore, the Village's demand for housing units between 2015 and 2025 will probably be closer to the estimated demand between 2005 and 2010 The condition of the existing housing is a complementary facet of providing adequate affordable housing The Shimberg Center for Affordable Housing defines substandard units as those that have one or more of the following characteristics no heating fuel, incomplete kitchen and/or plumbing, and/or overcrowded units In addition, substandard units may have code violations and/or structural issues The data reflect Key Biscayne's superior quality of residential units See Table 13 Table 13 Substandard Housing, 2000 Overcrowded Units (Occupied Units) No Heating Fuel Used (Occupied Units) Lacking Complete Kitchen Facilities (All Units) Lacking Complete Plumbing Facilities Number Percentage Number % Number % Number % 282 6 6 194 4 6 7 0 1 27 0 4 Source Affordable Housing Needs Assessment Shimberg Center for Affordable Housing 2005 Appearance To maintain the appearance of the Village's residential areas and limit structures disproportionate to their lot sizes from being built, the Land Development Code regulates the maximum lot coverage, the maximum floor area ratio setbacks, and the maximum number of stones in residential zones The Village's landscape ordinances reinforce the regulation of the exterior appearance of structures 'Landscape design shall enhance architectural features relate structural design to the site, visually screen dissimilar uses and unsightly views, reduce noise impacts from roadways and incompatible uses strengthen vistas and reinforce neighborhood site design and architecture (Article IX Sec 30-233 (1)) Compliance with these regulations is tracked during the site plan Wallace Roberts & Todd, LLC 85 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN review process No historic preservation policy to protect older residential stock such as Mackie homes or any other structures on the island has been implemented however there are currently no structures that meet the state or national age and significance requirements for state or national historic designation Traffic Anecdotal evidence suggests that traffic congestion has increased over the past decade While the Village has continuously met level of service standards for most roads on the island, a few locations —specifically select intersections along Crandon Boulevard with Harbor Drive, West Wood Drive, and the Key Colony Condominium entrance —have worsened The Crandon Boulevard Master Plan Implementation Project, which is currently under construction, will correct these deficiencies The Master Plan explicitly recommends a reduction in curb cuts and at the intersection of Fernwood Road and Harbor Drive, the primary collector street for much of the local and commuter traffic from the primary single-family residential neighborhood on the west side of the Village, a roundabout has been built to alleviate traffic generated by the three day schools in the area Additionally congested and unsafe turn lanes have been redesigned to better accommodate demands generated by surrounding uses and signal timing has been adjusted (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated The Master Plan was written prior to the complete construction of the Grand Bay Residences and Residences and the Ocean Club, the two very influential Developments of Regional Impact on Key Biscayne The Plan recognized that the residential intensity finalized for the two DRI tracts would ultimately determine the "build out population of the Village and therefore, projections would need to be reassessed once the two projects were more solidified According to the February 2004 Crandon Boulevard Master Plan, while the Village of Key Biscayne is nearly fully developed, the potential exists for redevelopment -induced increases in future traffic volumes on Crandon Boulevard The vacant commercial parcel across from Key Colony, an increase in commercial square footage is possible for some of the existing commercial developments given that their current build -out is below the Wallace Roberts & Todd LLC 86 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN allowable 0 50 Floor Area Ratio Older single-family homes within residential areas are being redeveloped into larger homes for larger families with more cars The Ocean Club condominium development, which currently has a very low average yearly occupancy rate of approximately 30 percent, could see an increase in occupancy over the next decade (like the Key Colony development experienced in the 1990s) As demand increases in an area of finite supply, both commercial and residential rental rates and property values are increasing Key Biscayne has become unaffordable for current segments of the population —particularly seniors who have lived in the Village for decades maintained the same tax rate on their property, and would like to downsize, but can t afford to purchase a new property for which they would have to pay today's tax rate —and priced out many smaller, "daily needs' businesses whose typical revenue could not support the rents commanded by local commercial properties f Sustainability of Local Retail and Services For the community to remain sustainable in the long-term, it must be able to provide basic services that satisfy basic community needs Increasing property values and rent levels threaten the economic viability of small merchants services, and retailers who provide important local services (1) Assessment of success in implementing Master Plan objectives related to issue There are two primary components to consider in an assessment of the provision of daily basic goods and services the quantity of retail and the type of retail Research conducted for the 1995 Master Plan and, a decade later, for the Analysis of Retail and Service Space (September 2005) and Traffic and Parking Impacts of Commercial Development (February 2004) studies indicates a consistency in the amount Key Biscayne has more square feet of retail building area than its residents alone are able to support and despite parking shortages shopping centers office space and retail space have high levels of occupancy Traffic Circulation Objective 1 2 in Part II of the Master Plan seeks to limit commercial development and redevelopment to arterial road frontage plus Harbor Drive collector street frontage from Fernwood Wallace Roberts & Todd, LLC 87 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Road to Crandon Boulevard The Village has implemented this objective by adding a Commercial district to the Land Development Code, all commercial development and redevelopment is contained within that zone As denoted on the future land use map the District is primarily located along Crandon Boulevard The Master Plan addresses the issue of quality very minimally Part I indicates a need for additional filling stations and food and drug store space, but develops the topic no further Part II does provide policies or objectives to encourage or stimulate the provision of basic retail services In May 2004, the Village Council created the Crandon Boulevard Zoning and Development Committee in order to address use design, and development regulations for commercial properties located in the entry block The Committee s work resulted in changes to the Land Development Code Ordinance 2005-19, passed in November 2005 amended Section 30-101 Commercial Districts' of Chapter 30 Zoning The Ordinance supports in future development the inclusion of businesses geared toward the service of local needs Additionally, it altered permitted uses setbacks, maximum number of stories, floor area ratios, lot coverage, minimum lot area, and setback requirements in C-1 Commercial Areas In order to deemphasize the visual prominence of parking, the ordinance added floor area ratio bonuses for the use of subterranean or set -back parking garages Floor area ratio bonuses were also offered for the use of preferred design elements, site locations, uses parking configurations, and landscaping (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated There continues to be a notable lack of small merchants and retailers providing local services Rent levels price out of the market all but the most financially profitable businesses —such as banks, financial services, and real estate agents Over the past decade the problem has been exacerbated by an increase in rent disproportionately higher than the natural increase in the rate of inflation Wallace Roberts & Todd, LLC 88 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN g Vulnerability to Damage from Tropical Storms and Hurricanes The Village, located on a low-lying barrier island in an AE flood hazard zone, is vulnerable to wind damage and storm surge damage from tropical weather systems A protective shoreline dune system partially addresses this vulnerability along the Atlantic Ocean Coast since gaps in the dune system exist to provide beach access Residential lots with seawalls facing Biscayen Bay can be breached by storm -induced waves traveling across the shallow bay waters The health safety and welfare of residents is a major concern Many, particularly the elderly, are reluctant or unable to evacuate the Village during tropical storm and hurricane events (1) Assessment of success in implementing Master Plan objectives related to issue Property Goal 3 of the Conservation and Coastal Management section of the Master Plan is devoted to minimizing human and property loss due to hurricanes Through the Land Development Code and Master Plan, the Village • Restricts the intensity of development through its Land Development Code, thereby preventing densities inappropriate for a coastal high -hazard area (Conservation and Coastal Management Objective 3 1) • Adopted traffic LOS standards that, based on Future Land Use Management (FLUM) policies, achieve a reasonable hurricane evacuation time is Devised a concurrency management system with a phased capital improvement in order to achieve and maintain LOS standards concurrent with impact of development (Conservation and Coastal Management Objective 3 4) • Enacted and enforces Land Development Code provisions requiring minimum setbacks from the ocean requires new construction at or above flood elevations specified by FEMA, restricts the amount of fill according to Land Development Code provisions and limits Wallace Roberts & Todd, LLC 89 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN funding of public infrastructure expansion 18 (Objective 3 5) • Has maintained permitted population densities to coordinate with local and regional hurricane evacuation plans according the zoning in the Master Plan • Adopted regulations based on FEMA requirements to ensure adequate drainage paths around structures to guide storm water runoff, zone -appropriate first floor elevations for all new residential and non-residential buildings, the siting of all buildings in compliance with Florida Coastal Zone Protection Act of 1985, and the prohibition of structural fill In coordination with the implementation of the Master Plan s policies and objectives, the Village has made substantial efforts to comply with and exceed national and state requirements Since 1998, the Village has participated in the Community Rating System (CRS), a part of the National Flood Insurance Program It has achieved a CRS classification of '6 placing it among the top ten communities in the state of Florida and reducing its flood insurance premiums for residents by 20 percent The Village s Floodplain Management Plan, which was prepared with the aid of a State Emergency Management Preparedness and Assistance grant and adopted by the Village Council in April 1998, was showcased as a national model by FEMA in 2003 Its storm drainage capacity system has demonstrated a capacity to cope with torrential rain storms of greater than 60 year intervals in recurring frequency People Policy 1 2 3 of the Intergovernmental Coordination Element of the Master Plan states that the Village shall assist in providing information regarding services such as waste, water sewers transit and hurricane response to residents In June 2001, a Hurricane Information Manual was adopted in order to assist Village residents in planning and preparation for a hurricane and its aftermath (Conservation and Coastal 18 Funding is limited if the effect of the expansion is a direct subsidy to a specific private development in the Village Wallace Roberts & Todd LLC 90 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Management Policy 3 2 2) Based on experiences from Hurricane Andrew in 1992, the 1991 County Emergency Operations Plan and the 1991 US Corps of Engineers Hurricane Evacuation Study, it addresses what to do before and after the storm including general outdoor and indoor safety tips The information was compiled through consultation with the Miami -Dade County Department of Code Compliance, the Miami -Dade County Office of Emergency Management, the Broward County Office of Emergency Management the Monroe County Office of Emergency Management and the American Red Cross and has been distributed to the public through several news outlets In early 2006 a committee will convene to address the vulnerability of residents during and after severe storms Comprised of residents and the fire chief, it will explore how to best identify • residents requiring special assistance, including contact information, relevant medical history and needs, next -of -kin and/or care -givers, • those available to aid residents in need, • the role the Village will play in ensuring required medication is available for the duration of the disaster and recovery period, • evacuation procedures, • a transportation plan with an emphasis on those who are not independently mobile, • evacuation sites with adequate services and supplies, • off -island housing, as necessary, during storm recovery periods, • generators and other alternative sources of power • the role the community center and schools may play as shelters for those who are unable to evacuate, • a means by which to store necessary supplies during a period when services on the Key are absent The committee will look into establishing a data center to centrally store information and assigning an entity to maintain it, as well as creating a schedule that prioritizes the severity residents needs Wallace Roberts & Todd, LLC 91 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated See previous section h Need to Improve or Replace Infrastructure Sewer System A portion of the Village remains on individual septic systems The Master Plan indicates that limited periodic percolation of sewage effluent occurs with ground saturation during periods of heavy rains, and requires that sanitary sewers must be installed by 2008 to replace the individual septic tanks How will the Village achieve this objective? Overhead Utilities Although the present network of overhead utilities is not considered functionally deficient, placing all utilities underground will aid in storm recovery, as well as improve the aesthetics of the Village Roadway Network Parts of the Village road network suffer from a proliferation of potholes and require improved road maintenance Village -wide Streetscape and Landscape Improvements The Village has begun implementing the recently completed master plan for the improvement of Crandon Boulevard The need for a similar initiative to consistently enhance all local roads and civic spaces has also been identified, to achieve the desired Village character and appearance (1) Assessment of success in implementing Master Plan objectives related to issue Water and Sewer Systems The 1995 Master Plan presented four alternatives the Village s existing mix of sewered and non -serviced areas (houses currently on septic) • Install sanitary sewers throughout the entire Village prioritizing service residential streets adjacent to Biscayne Bay (such as southern Harbor Drive) ahead of others Wallace Roberts & Todd, LLC 92 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN ■ initiate a petition among the property owners demand service from the County 1 ▪ Set up, in compliance with State statute a special taxing dlstnct and sewer collection system with sewage continuing to be received by the WASD trunk lines • Use the Village s general fund to pay for the entire project The Master Plan endorsed the first option, the Village is currently pursuing the installation of a sewer system throughout the entire Village Key Biscayne is cooperating with the County to produce financial and engineering plans for an extension of the sewer and water systems As of October 2005, the planning portion of the project was 33 percent complete, the Public Works Department foresees construction to commence in by Spring of 2006 The Sewer Project has been divided into two phases, each phase contains two unserviced areas The duration of each phase is estimated to last between eight and twelve months According to the Miami -Dade Water and Sewer Authority (MDWASA), once the main water line and connections are in place, it will provide the residents with a prudent time limit in which to connect to the lines Residents will be responsible for expenses incurred from treating and removing their septic tank and making the connection The Village of Key Biscayne Public Works Department is still waiting to find out from the MDWASA the amount residents will be charged for these procedures 19 At the time the Master Plan was written the Metro -Date Water and Sewer Department (WASD) was responsible for the collection and treatment of the sewage from the lines of the Village Wallace Roberts & Todd, LLC 93 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 14 Sanitary Sewer and Water Conversion Project Progress Zone Percent Complete Detailed Status Zone 1 Sanitary Sewer 75 The new survey has been brought into all of the drawings and flows to the pump station are currently being verified and that no upgrades to the pump station are required A site visit was conducted in September 2005 to verify structure types and businesses and to look at project conditions (tree sizes driveway types etc ) Water Pipe material types must be verified for those portions where the consultant does not have sufficient data which will require input from the Village A site visit was conducted in September to confirm that the new water lines should be put in the pavement as opposed to in the swale where construction would impact decorative driveways and landscaping Zone 4 Sanitary Sewer 75 As of September 2005 the new survey was brought into all of the drawings the flows to the pump station were being verified as was the sufficiency of the pump stations as they are now and without upgrades Water As of September 2005 the pipe material types needed to be venfied for those portions where the consultant did not have sufficient data which will require input from the Village A site visit was conducted in September of 2005 to confirm that the new water lines should be put in the pavement as opposed to in the swale where construction would impact decorate driveways and landscaping Zone 2/3 Sanitary Sewer 25 As of September of 2005 the new survey had been brought into all of the drawings and flows to the pump station were in the process of being verified A site visit was conducted in September to verify structure types and businesses and to look at project conditions (tree sizes driveway types etc) Water As of September of 2005 the pipe material types had to be verified for those portions where the consultant did not have sufficient data which will require input from the Village A site visit was conducted in September during which the consultant was determining whether the new water lines should be put in the pavement or in the swale where construction would impact decorative driveways and landscaping Wallace Roberts & Todd, LLC 94 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN In light of recently publicized challenges faced by MDWASA, the Village will respond and amend the project's timeline as necessary to support the County s goal of delivery adequate water and sanitary sewer service to its residents However as of February 2006, the Village anticipates that the project will go out to bid in April or May of 2006 as permitting reaches completion Overhead Utilities As part of its objective to maintain existing development and achieve new development and redevelopment which is consistent with community character (Future Land Use Objective 1 1) the Village made a policy to enact land development code provisions governing subdivisions The subdivision code was to require that certain utilities be installed underground In July 2005, the Village initiated correspondence with Florida Power and Light, requesting a cost estimate to bury all power lines west of Crandon Boulevard and along Galen Drive on the east side The Village Manager inquired about any state or federal subsidies currently being offer to government entities considering similar projects and the Director of public works expressed his support for dividing the project into distinct zones In January 2006, FPL provided the Village with an estimate of $11 million to complete the project Communication is ongoing FLP projects that it will pay for 25 percent of the project, costs incurred may be passed on to customers via surcharges Roadway Network The Village's major arterial, Crandon Boulevard, is being improved according to the Crandon Boulevard Master Plan Refer to Section 4 D(1) Traffic Volume, Operations and Safety for more detail The Village is also in the process of seeking public input regarding parking, beach access, and safety improvements on Ocean Lane Drive, most recently, it held a public workshop on October 17th, 2005 Streetscape and Landscape Improvements Major streetscape and landscape improvements are being made to Crandon Boulevard West McIntyre Street and Harbor Drive as a result of the Crandon Boulevard Master Plan The Departments of Public Works and Building, Zoning and Planning as well as the Wallace Roberts & Todd, LLC 95 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Manager's Office and consultants are working on a comprehensive plan to address landscaping in public areas Improvements included a redesign of the Village entrance pocket parks/mini plazas street furniture locations of public art signalization street lighting, traffic, street name signage and utilities (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated A survey to all residents administered by the Key Biscayne Village Council during the Master Planning process yielded results regarding prioritization of infrastructure improvements compared to preferences expressed recently indicates opinion has not shifted much over the past decade 20 In the original survey three quarters of participants rated extending sanitary sewers to all areas of the Village as desirable or higher, 94 8 percent rated "improving storm drainage throughout the Village as desirable or higher (with a notably high percentage, 32 23 percent, indicating that it is a `first priority') and installing street lights, installing special pavements and installing curbs, rated in descending order of importance from there (57 5 percent 46 0 percent and 40 7 percent respectively) i Implications of Debt Cap Although the Village has a strong and growing tax base its debt capacity is finite and may hinder the Village s ability to implement capital initiatives, including park development, sewer extensions and placement of utilities underground, in a timely manner Should the Village consider amending the debt cap as currently defined in the Village Charter? (1) Assessment of success in implementing Master Plan objectives related to issue The Village of Key Biscayne is subject to a debt cap ordinance and also a provision to allow possible referendum on new debt issuance where any capital project is involved The debt cap provision at present limits debt to 1% of current assessed value as provided by the county property 20 The survey was sent to all Villages households and returned by approximately 20 percent Wallace Roberts & Todd, LLC 96 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN appraiser The debt cap schedule provided shows the current year and projections for future penods as assessed valuation changes and debt is anticipated to be incurred The referendum requires a 30 day period between the first reading and second readings of any ordinance that would permit issuance of debt that relates to any capital project (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated See the preceding section, i(1) j Conservation, Coastal Management and Environmental Protection The residents of Key Biscayne place a high priority on protecting, enhancing, and, in some cases, restoring important natural resources that are not only intrinsic to the community's barrier island identity, but also contribute to the quality of life of both residents and visitors (1) Assessment of success in implementing Master Plan objectives related to issue The first goal of the Master Plan s Conservation and Coastal Management Element is to 'to preserve and enhance the significant natural features " including ■ Vegetative and soil resources (Conservation and Coastal Management Objectivel 3) Achieve 0 net loss of mangroves), ■ Sea turtles, manatees (Conservation and Coastal Management Objective 1 4 Strive to achieve 0 human - induced loss of manatees and/or sea turtle eggs , and ■ Wildlife and habitat (Conservation and Coastal Management 1 7 Achieve 0 degradation of fisheries, wildlife, wildlife habitat marine habitat and environmentally sensitive land According to the 2003 Miami Dade County EAR, the Key Biscayne Special Management Zone artificial reef site off the Atlantic coast is the only designated environmental protection area related to beaches and artificial reefs near the Village The Special Management Zone was designated in 1991 and contains 2,203 5 acres Wallace Roberts & Todd, LLC 97 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Over the last decade the Village of Key Biscayne has ■ Enacted and enforced estuarine waterfront protection provisions in the LDC in accordance with state DEP and waterfront policies of Department and Environmental Resource Management (DERM) The Biscayne Bay Shoreline Development Review Committee was established as an interlocal entity to review all development permits (except single family and duplex houses) for tracts fronting the Bay ■ Communicated with DERM on occasions where any adverse impacts are observed relative to the sea grass beds in adjacent Bay waters ■ Reported speeding violations in manatee protection areas to County and State marine police The entire western shore of Key Biscayne is designated a Manatee Protection Area which means that boat speeds above seven miles an hour and water skiing are prohibited, • Enacted and enforced land development provisions in order to minimize night-time artificial light on beach areas where sea turtles nest, ■ Enacted and enforced provisions regarding detention, runoff, minimum pervious open spaces, and drainage level -of - service standards • Researched and implemented beach renourishment projects In 1997, Coastal Systems International, as a consultant to the Village, produced the Long Range Beach Nourishment Plan for The Village of Key Biscayne, Dade County in cooperation with a Council -appointed citizen's Beach Task Force Its purpose was to present a long-range beach nourishment plan to address the eroded shoreline along the Village The 2000-2001 project overseen by the US Army Corps of Engineers placed a reported 420,000 cubic yards of sand The nourishment was designed to mitigate the long- term sand into the deeply dredged Government Cut channel north of Key Biscayne that formerly reached the island via longshore drift The design of the beach fill template was developed based on the historical erosion rate, critical areas of erosion location of nearshore seagrasses and projected nourishment interval Members of the Village s Beach Task force conducted research to identify appropriate sand Wallace Roberts & Todd, LLC 98 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN characteristics required ensure compatibility of the new sand imported from offshore borrow areas with existing beach materials As of 2006, the Village s Public Works Department and consultants are in the process of researching the next phase of beach renourishment (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated Refer to previous section, 1(1) k Land Development in the Context of Master Plan Goals, Objectives, and Policies The Village Master Plan includes future land use descriptions which include maximum lot coverage and building heights, landscaping requirements, and sign regulations Does the Master Plan, with its present level of detail, articulate standards for development and landscaping that are consistent with and that enhance the desired ambiance and character of the Village? (1) Assessment of success in implementing Master Plan objectives related to issue Goal 1 of the Future Land Use Element of the Master Plan states "Achieve desired community character Key Biscayne should be a residential community Development policies should protect residential character Future residential development should be at the lowest densities consistent with protection of reasonable property rights Hotels should be permitted in order to provide ocean access opportunities and respect an established land use pattern, however, they should be modest in size so as to not overpower the community's residential character Other commercial development should be sized to meet the needs of residents and hotel guests Office development should be limited to the minimum amount practical in light of existing development patterns The Village has codified this goal in the Land Development Code ■ Section 30-80 outlines site plan review procedures Wallace Roberts & Todd, LLC 99 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN a) Purpose Site Plan review is designed to achieve the following objectives (1) To insure that infrastructure (water, sewer and roads) is in place at the time the project is completed as mandated by Florida's Growth Management law (2) To encourage logic imagination, and variety in the design process, (3) To insure that projects are compatible both aesthetically and functionally, with the surrounding area (4) To promote excellence in urban design, and (5) To encourage buildings that are consistent with the high quality environment associated with the Village • Section 30-233 outlines landscape plan review criteria (1) Landscape design shall enhance architectural features relate structural design to the site visually screen dissimilar uses and unsightly views reduce noise impacts from roadways and incompatible uses strengthen vistas and reinforce neighborhood site design and architecture (5) Street trees shall be used to shade roadways and provide visual order All street tree planting shall conform to the Village s street tree planting system ' • Section 30-190 outlines sign criteria `Regulations are intended to preserve the unique aesthetic character of the Village and ensure that signs are compatible with their surroundings It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the Village and improve vehicular and pedestrian safety and reduce visual pollution Regulations have not prevented a major shift in scale of residential development Recommendations from the Crandon Boulevard Commercial Development and Zoning Standards which include quantifiable design bonuses to encourage buildings that contain architectural interest and reduce visual impact and Wallace Roberts & Todd, LLC 100 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN zoning controls to ensure larger developments on assembled lots are designed within a Village setting, have recently been adopted and will soon be applied (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated See previous section I Historic, Cultural and Educational Resources and Needs The Village of Key Biscayne has a number of historic and cultural resources and institutions that document the community s history and contribute to its identity by providing important social, educational, and community -building functions For instance, the historic Silver Sands hotel, located at 301 Ocean Drive and built in the late 1950s, is typical of motel developments in Flonda built during that era It is the sole remaining structure of its type in Key Biscayne and one of the few remaining in southern Flonda It may be worthy of exploration for historic designation in the near future, possibly standing on its own as a historic local, state, or national landmark In the past, these resources have been overlooked or undervalued There is, however, a growing awareness of the need to address issues related to enhancement, utilization, expansion, and/or preservation of these resources and institutions for the benefit of the community as a whole (1) Assessment of success in implementing Master Plan objectives related to issue Historic Structures Objective 2 6 of the Future Land Use Element, Objective 1 5 of the Housing Element, and Objective 2 4 of the Conservation and Coastal Management Element of the Master Plan all specify that no later than 1999, Key Biscayne was to prepare a list of potentially significant historic structures and a strategy for their preservation The Village has not done so because currently, there are no structures eligible for national or state historic designation due to age and significance requirements However, the historic Mackle homes, which at one time occupied nearly all of the dry lots west of Crandon Boulevard were built during the 1950s and 1960s and are approaching the 50 -year age Wallace Roberts & Todd, LLC 101 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN requirement for official historic designation Particularly as many of them have been demolished or substantially remodeled, preserving one or more in that original state would serve as an important bridge in conveying the island's history and culture Historic Roads Crandon Boulevard was designated an Historic Highway by the State of Florida and by Miami -Dade County in the late 1980s These actions were the product of a 1987 citizen protest rejecting the County s attempts to install a pedestrian underpass and preemptively abrogating any future efforts to widen the road During the Crandon Boulevard master planning process the historic designation was amended in order to permit improvements to be made (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated In conjunction with its visioning process, Key Biscayne is evaluating an extensive list of capital improvement projects In January 2006, a committee was formed to rank the priority and estimate the cost of each project Upon consideration of input from the community and the 2020 Vision/EAR Committee, the following projects were labeled as high priority and relevant to the protection and enhancement of the Village s history, culture, and educational stature • Civic Center Park • Beach Improvements via renourishment • Nature Trails connecting Presbyterian Church bay area to St Agnes Church • High School on Virginia Key A library expansion/renovation was placed in a secondary tier of importance An artwork in public places program, theatre, museum, lifelong learning program and beach walk were placed in a tertiary tier indicating that Village residents perceive most resource intensive cultural projects to be long-term rather than immediate goals Wallace Roberts & Todd, LLC 102 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 5 Consistency with Florida Growth Management Laws Section 163 3191 (2)(f), F S , requires that the Evaluation and Appraisal Report evaluate relevant changes in growth management laws since the date of the Master Plan s adoption for consistency with the Key Biscayne s Master Plan The evaluation was based upon the only version to date of the Village s Master Plan (1994) a State Comprehensive Plan, Chapter 187, F S Section 163 3191 requires that the EAR evaluate relevant changes in growth management laws, including the State of Florida Comprehensive Plan, since the date that the Village s Comprehensive Plan was adopted The following section indicates the manner in which Key Biscayne is complying with the adopted State of Flonda Comprehensive Plan (Chapter 187, Florida Statues) (1) Manner of Compliance with State Comprehensive Plan Elements Children (a) Goal—Flonda shall provide programs sufficient to protect the health, safety , and welfare of all of its children Response — Addressed through the Master Plan's ongoing intergovernmental coordination efforts involving public school and parks and recreation planning Families (a) Goal -- Florida shall strengthen the family and promote its economic independence Response — Addressed through ongoing intergovernmental coordination efforts, the Master Plan's Land Use Element, and the Vision Plan The Elderly (a) Goal — Flonda shall improve the quality of life for its elderly citizens by promoting improved provision of services, with an emphasis on independence and self-sufficiency Wallace Roberts & Todd, LLC 103 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Response — All Multi -Family Districts in the land development code permit adult living facilities The Parks and Recreation Department coordinates senior - oriented programs at the Key Biscayne Community Center and the Village coordinates a free senior transportation program In early 2006, a committee comprised of residents and led by the fire chief will convene to coordinate a program to assist the elderly during and after severe storms Housing (a) Goal — The public and private sectors shall increase the affordability and availability of housing for low-income and moderate -income persons, including citizens and rural areas, while at the same time encouraging self-sufficiency of the individual and assuring environmental and structural quality and cost-effective operations Response — Addressed in the Master Plan's Housing Element, as applicable Health (a)1 Goal —Healthy residents who protect their own health and the health of others and who actively participate in recovering their own health when they become ill (b)1 Goal —An environment which supports a healthy population and which does not cause illness (c)1 Goal —Health care services which are of high quality reasonably accessible, and adequate to meet the needs of the public (d)1 Goal —Health costs which are contained to a level appropriate to the financial resources of the state and its residents Response — Addressed, in part, in the Master Plan's Conservation and Coastal Management and Recreation and Open Space Elements The Key Biscayne Community Center encourages healthy living by making its facilities and programs available to residents of the Village Wallace Roberts & Todd, LLC 104 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Public Safety (a) Goal — Flonda shall protect the public by preventing discouraging, and punishing criminal behavior, lowering the highway death rate, and protecting lives and property from natural and manmade disasters Response — Addressed, in part, in the Master Plan's Capital Improvements (Objective 1 1) Element Emergency Management is addressed in the Conservation and Coastal Management Element Water Resources (a) Goal — Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality Florida shall improve and restore the quality of waters not presently meeting water quality standards Response — As noted in the EAR, the Village shall coordinate, as appropriate with Miami -Dade County in the implementation of the Water Supply Facilities Workplan Water Resources are addressed in the Master Plan's Infrastructure (Objectives 14, 1 5), Conservation and Coastal Management (Objectives 12, 1 6), Intergovernmental Coordination, and Capital Improvements (Objective 1 2) Elements Coastal and Marine Resources (a) Goal — Florida shall ensure that development and manne resource use and beach access improvements in coastal areas do not endanger public safety or important natural resources Florida shall, through the acquisition and access improvements, make available to the state s population additional beaches and marine environment consistent with sound environmental planning Response —Addressed in the Master Plan's Conservation and Coastal Management Element Natural Systems and Recreational Lands (a) Goal — Florida shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical Wallace Roberts & Todd, LLC 105 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN hardwood hammocks palm hammocks, and virgin longleaf pine forest and restore degraded natural systems to a function condition Response — Addressed in the Master Plan's Conservation and Coastal Management and Recreation and Open Space Elements Air Quality (a) Goal —Florida shall comply with all national air quality standards by 1987, and by 1992 meet standards which are more stringent than 1985 state standards Response — Addressed in the Master Plan's Conservation and Coastal Management Element (Objective 1 1) Energy (a) Goal —Florida shall reduce its energy requirements through enhanced conservation and efficiency measures in end -use sectors, while at the same time promoting an increased use of renewable energy resources Response — Addressed through ongoing intergovernmental coordination efforts The Village will continue to explore innovate ways to integrate green technologies in public facilities Hazardous and Non -hazardous Materials and Waste (a) Goal —All solid waste, including hazardous waste, wastewater, and all hazardous materials, shall be properly managed, and the use of landfills shall eventually be eliminated Response — Addressed in the Master Plan's Conservation and Coastal Management Element (Objective 1 2) Mining (a) Goal —Florida shall protect its air land and water resources from the adverse effects of resource extraction and ensure that the disturbed areas are reclaimed or restored to beneficial use and soon as reasonably possible Wallace Roberts & Todd, LLC 106 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Response — There is no mining in the Village Property Rights (a) Goal — Florida shall protect private property rights and recognize the existence of legitimate and often competing public and private interests in land use regulations and other government action Response — Addressed in the Master Plan's Future Land Use Element Land Use (a) Goal — In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner Response — Addressed in the Master Plan's Future Land Use, Infrastructure, Conservation and Coastal Management, and Capital Improvements Elements Urban and Downtown Revitalization (a) Goal — In recognition of the importance of Florida s vital urban centers and of the need to develop and redevelop downtowns to the state's ability to use existing infrastructure and to accommodate growth in an orderly, efficient, and environmentally acceptable manner, Florida shall encourage the centralization of commercial, government, retail, residential and cultural activities within downtown areas Response — The commercial area of Key Biscayne is well -established and confined Numerous studies have been undertaken the goal of enhancing and strengthening the downtown core Public Facilities (a) Goal — Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly and efficient manner Wallace Roberts & Todd, LLC 107 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Response — Addressed in the Master Plan's Capital Improvements Element (Objective 1 1, 1 5) Cultural and Historical Resources (a) Goal — By 1995 Florida shall increase access to its historical and cultural resources and programs and encourage the development of cultural programs of national excellence Response — Addressed in the Master Plan's Future Land Use, Housing, and Conservation and Coastal Management Elements Transportation (a) Goal — Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway air, mass transit, and other transportation modes Response — Addressed in the Master Plan's Traffic Circulation Element Governmental Efficiency (a) Goal — Florida governments shall economically and efficiently provide the amount and quality of services required by the public Response — Addressed in the Master Plan's Capital Improvements Element (Objective 1 1, 1 5) The Economy (a) Goal — Florida shall promote an economic climate which provides economic stability maximizes job opportunities and increase per capita income for its residents Response — The per capita income of Key Biscayne, $54,213, exceeds the per capita income of Miami -Dade County by $35,716 Agriculture (a) Goal —Florida shall maintain and strive to expand its food agriculture ornamental horticulture aquaculture forestry and related industries in order to be a healthy and Wallace Roberts & Todd, LLC 108 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN competitive force in the national and international marketplace Response — There is no agriculture in the Village Tourism (a) Goal — Flonda will attract at least 55 million tourists annually by 1995 and shall support efforts by all areas of the state wishing to develop or expand tourist -related economies Response — The Village is located between two major local and regional attractions Bill Baggs Cape Florida State Park, located to the south, had 565,976 visitors between 2002-2003 and 567,657 visitors between 2003 - and 2004, Miami -Dade County -owned Crandon Park to the north had 833,114 visitors in 2003 and 755,297 visitors in 2004 Employment (a) Goal — Florida shall promote economic opportunities for its unemployed and economically disadvantaged residents Response — Key Biscayne is not an employment center, but rather mostly a bedroom community Plan Implementation (a) Goal — Systematic planning capabilities shall be integrated into all levels of government in Flonda with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement Response — Addressed in Intergovernmental Coordination Element (2) Recommended Amendments to Achieve Compliance with the State Comprehensive Plan Elements Based on a review of the Master Plan s compliance with State Comprehensive Plan Elements the following recommendations for amendments are being made Wallace Roberts & Todd, LLC 109 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN b Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163 (Part 11), F S In July 2005 the State of Florida adopted additional amendments to Chapter 163 and its growth management requirements A table indicating the manner in which the Village of Key Biscayne is addressing the requirements of Chapter 163, Florida Statues, is below (1) Manner of Compliance with Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163 (Part 11), F S Wallace Roberts & Todd, LLC 110 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 1998 [Ch 98-75, s 14, ch 146, ss 2-5, di 7 xsi= � 78 79 80 81 82 83 84 85 86 163, F S Citations N/A Exempted brownfield area amendme nts from the twice -a - year limitation Required that the capital improv ements element set forth standards for the managemen t of debt Requ ired in clusion of at least two planning periods — at least 5 years and at least 10 years A llowed multiple indiv idua l plan amendments to be con sidered together as one amendment cycle Defined "option al sector plan" and created Section 163 3245 allowin g local governmen ts to address DRI issues within certain iden tified geographic areas Established the requirements for a pu blic school facilities element Established the min imum requirements for imposing school con currency Required DCA adopt minimu m criteria for the complian ce determination of a public school facilities element imposin g school concurren cy Required that evaluation an d appraisal reports address coordin ation of the comp plan with ex istin g pu blic schools and the school district's 5 -year work program Addressed (where/how) 8-� 8, -Ss 4-5,. La s fTh ndaj 163 3187(1)(g) 163 3177(3)(a)4 163 3177(5)(a) 163 3184(3)(d) 163 3164(31) a nd 163 3245 163 3177(12) Capital Improvements Eleme nt, Procedural Procedural Procedural Procedural Intergovernme ntal Coordinatio n Element, Proced ural Amendment Needed By Element Wallace Robe rts & Todd, LLC 163 3180(12) [N ow Section (13)] 163 3180(13) [Now Sectionl4)] 163 3191(2)(1) [N ow 163 3191(2)(k)] X X 111 Evaluation and Appraisal Report and I ntergovernme ntal VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/ A Addressed (where/how) Amendment Needed By Element Coordinatio n Element 87 Amen ded the definition of ` in comphance" to include consistency with Sections 163 3180 and 163 3245 163 3184(1)(b) Intergo vernmental Coordination Eleme nt, Procedural 88 Required D CA to maintain a file with all documents receiv ed or generated by DCA relating to plan amendmen ts and iden tify, limited DCA's re view of proposed plan amendments to written comments, and required DCA to identify and list all written communications receiv ed within 30 days after transmittal of a proposed plan amendment 163 3184(2), (4), and (6) X 89 Allowed a local gov ernment to a mend its plan for a period of up to one year after the initial determination of su fficien cy of an adopted EA R even if the EA R is in su fficient 163 3187(6)(b) Procedural 90 Substantially reworded Section 163 3191, F S , related to evalu ation an d appraisal reports 163 3191 Evaluatio n and Appraisal Report 91 Chan ged the population requirements for municipalities and counties which are required to submit otherwise optional elemen ts 163 3177(6)(i) X 1999 [Ch 99-251, ss 65-6, and 90, Ch 99-578, s , -5, an $-9; Laws nfPl.Qrldaj 92 Required that ports an d local govern ments m the coastal area, which has spoil disposal responsibilities, identify dredge disposal sites in the comp plan 163 3178(7) X 9 Ex empted from the twice -per -year hmitation certain port related amendments for port transporta tion fa cihties and projects eligible for fun ding by the Flonda Seaport 163 3187(1)(h) X Wallace Roberts & Todd, LLC 112 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 94 95 96 97 98 99 100 101 102 Changes to Chapter 163, F S 1998-2005 Transportation and Economic Development Cou ncil Required rural counties to base their future la nd use plans and the amoun t of land designated industrial on data regarding the need for job creatio n, capital m vestme nt, a nd economic developmen t and the need to strengthen and diversity local economies Added the Growth Policy Act to Ch 163, Part II to promote urban infill and redev elopment 163, F S Citations N/A Addressed (where/how) Required that all comp plan s comply with the school siti ng requ iremen ts by October 1, 1999 Made transportation facilities subject to concurrency 163 3177(6)(a) 163 2511,163 25,14,163 2517,163 2520,163 252 3, a nd 163 2526 X X Amendment Needed By Eleme nt Required use of professionally accepted techniques for measuring level of service for cars, trucks, tran sit, bikes and pedestnan s Excludes public transit facilities from concurrency requirements Allowed multiuse DRIs to satisfy the transportation concurren cy requirements when authorized by a local comprehensive plan un der limited circumstances A llowed multimodal transportation districts m areas where priorities for the pedestrian en vironmen t are assigned by the plan 163 3177(6)(a) 163 3180(1)(a) 163 3180(1)(b) 163 3180(4)(b) Intergovernmental Coordinatio n Element Transportation Circulatio n and Capital Impro vements Elements Transportation Circulation and Capital Improveme nts Elements Exempted amendmen ts for urban infill an d redevelopment areas, pubhc school concurrency from Wallace Roberts & Todd, LLC 163 3180(12) 163 3180(15) 163 31879(1)(h) an d (i) [N ow (1) and (j)] X 113 Capital Improveme nts Eleme nt Procedural Procedural VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/ A * Addressed (where/how) Amendme nt Needed By Eleme nt t the twice -per -year limitation 103 Defined brownfield designation and added the ass urance that a dev eloper may proceed with development upo n receipt of a brownfield designation [Also see Section 163 3221(1) for brownfield" definitio n 163 3220(2) X 2000 {Ch 2000-158, ss 15-17, Ch 2000--84 3 Ch 2 3O4,317, s 18, Laws f F1or .do . 104 Repealed Section 163 3184(11)(c), F S , that required funds from sanction for non -compliant plans go i nto the Growth Man agemen t Trust Fu nd 163 3184(11)(c) [Now Repealed] X 105 Repealed Section 163 3187(7), F S that required consideration of an increase in the annu al total acreage threshold for small scale plan amendments and a report by DCA 163 3187(7) [ Now Repealed] X 106 Repealed Sections 163 3191(13) and (15), F S 163 3191(13) and (15) [Now Repealed] X 107 Allowed small scale amendmen ts in area s of critical state con cern to be exempt from the twice -per -year limitation only if they are for affordable housing 163 3187(1)(c)1 e X 108 Added exemption of sales from local option surtax imposed under Section 212 054, F S , as examples of in centives for new developmen t within urban Will and redev elopment areas 163 2517(3)0)2 X 2001 tCh 2001-279, s 64, Laws f 1t ti ` k-, , 109 Created the rural land stewardship area Erogram 163 3177(11)(d) X 2002 [Ch 2002-296, ss 1 - 1 z r 1�,a:�s� QL ����� � �� 110 Required that all agen cies that review comprehensiv e plan 163 3174 I ntergover nmental Wallace Roberts & Todd, LLC 114 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/ A * Addressed (where/how) Amendme nt Needed By Element amendmen ts and rezoning i nclude a no nvoting represen tativ e of the district school board Coordination Element 111 Required coordination of local comprehensive plan with the regional water supply plan 163 3177(4)(a) Intergo vernmental Coordi natio n 112 Plan amen dmen ts for school -siting maps are exempt from s 163 3187(1)'s limitation on frequency 163 3177(6)(a) X 113 Required that by adoption of the EAR, the sa nitary sewer, solid waste, drain age, potable water and natural groundwater aquifer recharge element consider the regional water su pply plan and in clude a 10 -year work plan to build the identified water supply facilities 163 3177(6)(c) Intergo ver nme ntal Coordination Element 114 Required consideration of the region al water supply plan in the preparation of the con servation elemen t 163 3177(6)(d) Intergo ver nmental Coordinatio n Element 115 Required that the intergovernmen tal coordin ation elemen t (ICE) include relationships, principles and guidelines to be used in coordin ating comp plan with region al water supply plans 163 3177(6)(h) Intergo vernmental Coordinatio n Element 116 Requ ired the local gov ernments adopting a public educational facilities element execute an inter -loca l agreement with the distract school board, the county, and n on -exempting municipalities 163 3177(6)(h)4 Intergo vernmental Coordination Eleme nt 117 Required that counties larger than 100,000 population and their mun icipalities submit a in ter -local service delivery agreemen ts (existing an d proposed, deficits or duplication in the prov ision s of service) report to DCA by January 1, 2004 Each local government is required to update its ICE based on the findin gs of the report DCA will meet with 163 3177(6)(h)6 , 8 7 , & X Wallace Ro berts & Todd, LLC 115 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Ame ndment Needed By Eleme nt affected parties to discuss and id strategies to remedy a ny deficiencies or duplications 118 Required local gov ernments and special districts to provide recommendations for statutory changes for a nnexation to the Legislature by February 1, 2003 163 3177(6)(h)9 X 1 119 A dded a new Section 163 31776 that allows a cou nty, to adopt an optio nal public educational facilities element in cooperation with the applicable school board 163 31776 X 120 Added a new Section 163 31777 that requires local govern men ts an d school boards to enter in to an inter -local agreemen t that addresses school siting, enrollment forecasting, school capacity, in frastructure and safety needs of schoo ls, schoo ls as emergency shelters, and shanng of facilities 163 31777 Intergo vernme ntal Coordinatio n Eleme nt 121 Added a provision that the con currency requirement for transportation facilities may be waiv ed by plan amendmen t for u rban in fill an d redevelopmen t areas 163 3180(4)(c) X 122 Expanded the defin ition of "affected persons" to include property own ers who own land abutting a change to a fu ture lan d use map 163 3184(1)(a) Procedural 123 Expanded the definition of "in compliance" to include consistency with Section 163 31776 (public education al facilities element) 163 3184(1)(b) Procedural Intergo vernme ntal Coordi natio n Eleme nt 124 Strea mlined the timing of comprehensive plan amendment rev iew 163 3184(3), (4), (6), (7), an d (8) Procedural 125 Required that local gov ern ments provide a sign -m form at the transmittal heann g an d at the adoption heanng for 163 3184(15)(c) Procedural Wallace Roberts & Todd, LLC 116 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/ A * Addressed (where/how) Amendment Needed By Element persons to provide their names a nd addresses 126 Exempted amendments related to pro vidmg transportation improv ements to enhance life safety on "co ntrolled access major arterial highways" from the limitation on the frequency of plan amen dments contained m s 163 3187(1) 163 3187(1)(k) X 127 Required EA Rs to in clude (1) consideratio n of the appropriate region al water supply plan, and (2) an evaluation of whether past reductions m land use densities in coastal high hazard areas have impaired property rights of current residen ts where redev elopment occurs 163-3191(2)(1) Future La nd Use and I ntergovernmental Coordination Elements 128 A llowed local gov ern ments to establish a special master process to assist the local gov ern ments with challenges to local development orders for consisten cy with the comprehensiv e plan 163 3215 Procedural 129 Created the Local Govern ment Comprehensive Planning Certification Program to allow less state an d region al ov ersight of comprehensiv e plan pro cess if the local gov ernmen t meets certain criteria 163 3246 X 130 Added a provision to Section 380 06(24), Statutory Exemptions, that ex empts from the requiremen ts for developmen ts of regional impact, any water port or marin a developmen t if the relev ant local governmen t has adopted a "boating facility sitin g plan or policy" (which inclu des certain specified criteria) as part of the coastal management element or future land use element of its comprehensive plan The adoption of the boating facility sitmg plan or policy is exempt from the limitation on the frequen cy of 163 3187(1) X Conservation and Coastal Manageme nt Wallace Roberts & Todd, LLC 117 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 131 2003 132 Changes to Chapter 163, F S 1998-2005 plan amen dments contai ned in s 163 3187(1) Prohibited a local governme nt, under certai n conditio ns, from denyin g an applicatio n for de velopme nt approval for a requested lan d u se for certain proposed solid waste mana ement facilities [Ch 08-1, ss 14-15, ch 03=16t, 1; 'et 163, F S Citations N/ A Addressed (where/how) Creates the A gricultu ral Lands and Practices Act 7 163 3162 (2) Provides legislative findings an d purpose with respect to agricultural activ ities and duplicative regulation (3) D efin es the terms "farm," "farm operation," and "farm produ ct" for purposes of the act (4) Prohibits a coun ty from adoptmg any ordin ance, resolution, regulation, rule, or policy to prohibit or otherwise limit a bon a fide farm opera tion on land that is classified as agricultural land (4)(a) Prov ides that the act does not hmit the powers of a cou nty under certain circumstances (4)(b) Clarifies that a farm operation may not expand its operations u nder certain circumstances (4)(c) Provides that the act does not limit the powers of certain coun ties 163 3194(6) Procedural Amendment Needed By Element J X X X X X X Wallace Ro berts & Todd, LLC 118 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A Addressed (where/how) 133 134 135 136 (4)(d) Provides that certain co unty ordinances are not deemed to be a duplication of regulation Changes State Comptroller" references to "Chief Financial Officer " X Amendment Needed By Eleme nt Provides for certain airports to abandon DRI orders Amended to conform to the repeal of s 235 185 and the enactmen t of similar material in s 1013 35 A men ded to con form to the repeal of ch 235 and the enactmen t of similar material m ch 1013 163 3167(6) X 163 3177(6)(k) 163 31776(1)(b)(2)-(3) 163 37111(1)(c), (2)(e) - (f), (3)(c), (4), (6)(b) X X X 2004 [Ch 04-5, s 11, ch 04-377 , s 1, eh -1310; Ss- 1-4y of 04-377 ss - , x=381, ss 1-2, ch. 04-384, s 2, Laws of Florida ] 137 138 (10) A mended to conform to the repeal of the Florida High -Speed R ail Transportation Act, and the creation of the Florida H igh -Speed Rail A utho rity A ct (13) Created to requ ire local gov ernments to identify adequate water supply sou rces to meet fu ture demand (14) Created to limit the effect of judicial determmations issued subsequent to certain development orders pursuant to adopted lan d dev elopment regulations (1) Provides legislativ e findings on the compatibility of development with military installa tions (2) Provides for the exchange of in formation relating to proposed lan d use decision s between counties and local Wa llace Ro be rts & Todd, LLC 163 3167 Creates 163 3175 X X X 119 Intergo vernme ntal Coordi nation Eleme nt Procedural VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/ A 139 governmen ts and military installations (3) Provides for responsive comments by the commandin g officer or his/her designee (4) Provides for the cou nty or affected local governme nt to take such commen ts in to consideration (5) Requires the representative of the military i nstallation to be an ex -officio, n onv oting member of the county's or local government's lan d plann in g or zonin g board (6) En cou rages the commanding officer to provide information on community plann ing assistance grants (6)(a) • Changed to require local governments to amend the future land use element by June 30 2006 to include criteria to achieve compatibility with military installatio ns • Changed to specifically encourage rural land stewardship area designation as an overlay on the future land use map (6)(c) Exten ded the deadline adoption of the water supply facihties work plan amendment until December 1, 2006, prov ided for u pdating the work plan every fiv e years and exempts such amendment from the limitation on frequ ency of adoption of amendmen ts (10)(1) Provides for the coordination by the state land Wa llace Roberts & Todd, LLC 163 3177 X X X X X 120 Addressed (where/how) Intergovernme ntal Coordi nation Eleme nt Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 planning agency and the Dept twent of Defense on compatibility issues for mihtary i nstallations 163, F S Citatio ns N/A * (11)(d)1 Requires DCA, in cooperation with other specified state agencies, to provide assista nce to local governments in implementin g provisions relatmg to rural land stewardship areas (11)(d)2 Provides for multicoun ty rural land stewardship areas (11)(d)3 -4 Rev ises requirements, includmg the acreage threshold for designatin g a ru ral land stewardship area (11)(d)6 j Prov ides that transferable ru ral land use credits may be assigned at different ratios according to the natural resource or other ben eficial use characteristics of the land (11)(e) Prov ides legislative findings regardin g mixed -use, high -density urban infill and redevelopmen t projects, requires DCA to provide technical assistan ce to local gov ernments (11)(f) Provides legislativ e findings regardin g a program for the tran sfer of dev elopmen t rights and u rban in fill and redevelopmen t, requires DCA to provide techn ical Wallace Robe rts & Todd, LLC X X X X X X X 121 Addressed (where/how) Ame ndment Needed By Eleme nt VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Ame ndment Needed By Element assistan ce to local gover nments 140 (1) Prov ides legislative fi ndings with respect to the shortage of affordable rentals in the state (2) Provides definition s (3) Authorizes local gov ern ments to permit accessory dwelling u nits in areas zoned for single family residential use based u pon certain findings (4) An application for a building permit to construct an accessory dwelling unit must include an affidavit from the apphcant which attests that the unit will be rented at an affordable rate to a very -low-income, low-income, or moderate -income person or persons (5) Prov ides for certain accessory dwellin g units to apply towards satisfyin g the affordable housin g componen t of the housing element in a local governmen t's comprehensive plan (6) Requires the DCA to report to the Legislature Creates 163 31771 X Procedural Housi ng Eleme nt Procedural Housing Eleme nt 141 A mends the definition of "in comphance" to add language referrin g to the Wekiva Parkway an d Protection Act 163 3184(1)(b) X 142 (1)(m) Created to provide that amen dments to address criteria or compatibility of lan d uses adjacent to or m close 163 3187 X Wallace Roberts & Todd, LLC 122 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A 143 proximity to military i nstallations do not co unt toward the limitation on frequency of amending comprehensive plans (1)(n ) Created to provide that amendments to establish or implemen t a rural land stewardship area do not count toward the limitation on frequency of ame nding comprehen sive plan s Created to provide that ev aluation and appraisal reports ev aluate whether criteria in the lan d use eleme nt were successful in achiev in g land use compatibility with military installation s 163 3191(2)(n) 2005 [Ch 20015-157, ss 1, 2 and 15, Ch Y ( �-ss 42, Laws <f '10 144 145 Added the definition of "finan cial fea sibihty " (2) Required comprehen sive plan s to be "financially" rather than economically" fea sible (3)(a)5 Requ ired the comprehensiv e plan to in clude a 5 - year schedule of capital improvements Outside fun ding (i e , from dev eloper, other gov ernment or fun din g pursuan t to referen dum) of these capital improv ements must be guaranteed in the form of a dev elopment agreement or interlocal agreemen t (3)(a)6 b 1 Required plan amendment for the an nual update of the schedule of capital improvements Deleted provision allowing u pdates an d change in the date of con struction to be accomplished by ordinan ce Wallace Ro be rts & Todd, LLC Creates ss 163 3164(32) 163 3177 X X Addressed (where/how) Amendment Needed By Element 123 Procedural, Capital Impro vements a nd Future La nd Use Eleme nts VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Ame ndme nt Needed By Element (3)(a)6 c A dded oversight and penalty pro visio n for failure to adhere to this sectio n's capital improveme nts requirements (3)(a)6 d Required a long-term capital impro vement schedule if the local gov ernment has adopted a long-term concurren cy managemen t system Capital Improvements Element (6)(a) D eleted date (October 1, 1999) by which school Procedural sittin g requirements mu st be adopted (6)(a) A dd requiremen t that future land use element of X coastal cou nties must encourage the preservation of workin g waterfron ts, as defined in s 342 07, F S (6)(c) Requ ired the potable water element to be updated within 18 months of an updated region al water supply plan to incorporate the a lternativ e wa ter su pply projects selected by the local government to meet its water supply n eeds Infrastructure and Intergovernme ntal Coordi natio n Eleme nts Recreatio n and Open (6)(e) Added waterways to the system of sites addressed by the recreation an d open space elemen t Space Eleme nt (11)(d)4 c Required rural land stewardship areas to X address affordable housing Wallace Roberts & Todd, LLC 124 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/ A * Addressed (where/how) Ame ndment Needed By Eleme nt (11)(d)5 Required a fisted species survey be performed on ru ral land stewardship receiving area If any listed species present, mu st ensure adequate pro visions to protect them (11)(d)6 Must enact an ordinance establishing a methodology for creation , con veyance, and use of stewardship credits within a rural land stewardship area (11)(d)6 J Revised to allow open space and a gricultural land to be ju st as important as env iron mentally sensitive land when assignin g stewardship credits (12) Must adopt pu blic school facihties element (12)(a) and (b) A waiver from prov iding this element will be allowed under certain circumstances (12)(g) Expanded list of items to be to include colocation , location of schools proximate to residential areas, and use of schools as emergency shelters (12)(h) Required local gov ern ments to prov ide maps depicting the general location of new schools and school improv ements within fu ture conditions maps X X X Interlocal agreement with County School Board I nterlocal agreeme nt with Cou nty School Board Interlocal agreeme nt with Co unty School Board Interlocal agreement with County School Board Wallace Roberts & Todd, LLC 125 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) 146 147 (12)(1) Requ ired DCA to establish a schedule for adoption of the public school facilities element (12)(j) Established penalty for fail ure to adopt a public school facility element (13) (New section) En courages local governments to dev elop a commun ity vision ," which provides for su stain able growth, recognizes its fiscal constramts, a nd protects its natu ral resources (14) (New section ) En courages local gov ernments to dev elop a urban serv ice boundary," which en sures the area is served (or will be served) with adequate public facilities and services over the n ex t 10 years See s 163 3184(17) 163 31776 is repealed (2) Required the public schools Interlocal agreement (if applicable) to address requirements for school concurrency The opt -ou t prov ision at the end of Subsection (2) is deleted (5) Required Pa lm Bea ch County to iden tify, as part of its EA R, changes n eeded in its public scho ol element necessary to conform to the new 2005 public school Wallace Robe rts & Todd, LLC 163 31776 [Now Repealed] 163 31777 X X 126 Interlocal agreement with Co unty School Board Addressed in 2020 Community Vision Process Addressed in Intergo ver nme ntal Coordi natio n Eleme nt Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 148 149 Changes to Chapter 163, F S 1998-2005 facilities element requireme nts (7) Prov ided that counties exempted from public school facilities elemen t shall undergo re-e valuation as part of its EAR to determine if they continue to meet exemptio n cntena (2)(g) Ex pands requirement of coastal element to incl ude strategies that will be used to preserve recreational and commercial working waterfronts, as defined m s 342 07, FS (1)(a) Added "schools" as a requ ired con currency item 163, F S Citations N/A * X Addressed (where/how) Ame ndment Needed By Eleme nt 163 3178 Addressed in Recreatio nal and Open Space Element (2)(a) Required con sultation with water supplier pnor to issuing building permit to en sure "adequate water supplies" to serve new development is available by the date of issu ance of a certificate of occu pancy (2)(c) Required all tran sportation facilities to be in place or u nder construction within 3 years (rather than 5 years) after approv al of bu ildin g permit (4)(c) Allowed concurren cy requirement for public schools to be waived within u rban mfill an d redevelopment areas (163 2517) (5)(d) Requ ired guidelin es for grantmj concurrency Wa llace Roberts & Todd, LLC 163 3180 X 127 Interlocal Agreeme nt w/ County School Board I ntergo vernmental Coordi nation Eleme nt Procedural Capital Improvements VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL. REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * exception s to be included in the comprehensive plan (5)(e) — (g) If local government has established transportation exceptions, the guidelines for implementing the ex ceptions must be "co nsistent with a nd su pport a comprehensiv e strategy, and promote the pu rpose of the ex ceptions " Exception areas must i nclude mobility strategies, su ch as alternate modes of tran sportation, supported by data and analysis FDOT must be con su lted pnor to designating a tran sportation concu rren cy ex ception area Transportation concurrency exception areas existin g pnor to July 1, 2005 must meet these requiremen ts by July 1, 2006, or when the EAR -based amendmen t is adopted, whichev er occurs last (6) Required local government to maintain records to deteiiiizne whether 110% de minimis transportation impact threshold is reached A su mmary of these records mu st be su bmitted with the annual capital improvements element u pdate Exceedin g the 110% threshold dissolves the de mmimis ex ception s (7) Required consultation with the Departmen t of Transportation prior to designating a transportation con cu rrency mana gement area (to promote in fill development) to en sure adequate lev el -of -service stan dards are in place The local government and the DOT should Wallace Roberts & Todd, LLC X 128 Addressed (where/how) Ame ndme nt Needed By Eleme nt Element Procedural VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 work together to mitigate any impacts to the Strategic Intermodal System 163, F S Citations N/A * (9)(a) Allowed adoption of a long-term co nc urrency management system for schools (9)(c) (New section) Allowed local governme nts to issue approvals to commen ce con stru ction notwithsta ndmg s 163 3180 in areas su bject to a long-term concurre ncy management system (9)(d) (New section) Required evaluation in EAR of progress in improving levels of service (10) A dded requirement that level of service standard for roadway facilities on the Strategic Intermodal System must be consisten t with FDOT stan dards Standards mu st consider compatibility with adjacent jurisdiction s (13) Requ ired school concurren cy (n ot optional) (13)(c)1 Requires school concurrency after five years to be applied on a 'less than districtwide basis" (i e , by usin g school atten dan ce zones, etc) (13)(c)2 Eliminated exemption from plan amendmen t Wallace Roberts & To dd, LLC 129 Addressed (where/how) Intergovernmental Coordination Element, Interlocal Agreement with Cou nty School Board Procedural Evaluation and Appraisal Report Interlocal Agreement w/ Cou nty School Board I nterlocal Agreement w/ County School Board Procedural Ame ndment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Ch apter 163, F S 1998-2005 adoption limitation for changes to service area bo undaries (13)(c)3 No application for development approval may be den ied if a less-than-districtwide meas urement of school concu rren cy is used, however the de velopment impacts mu st to shifted to con tiguous service areas with school capacity (13)(e) Allowed school concurrency to be satisfied if a dev eloper execu tes a legally binding commitment to provide mitigation proportionate to the demand (13)(e)1 En umerated mitigation options for achieving proportionate -share mitigation (13)(e)2 If edu cation al facilities fun ded in one of the two followin g ways, the local government must credit this amount toward an y impact fee or exaction imposed on the commun ity • contribution of land • construction expansion or payment for land acquisition (13)(g)2 (Section deleted) — It is no longer required that a local gov ernment an d school board base their plan s on consistent population projection and share information regardin g plann ed public school facilities, developmen t an d redevelopment an d infrastructure needs of public school Wallace Roberts & Todd, LLC 163, F S Citations N/A * Addressed (where/how) Amendme nt Needed By Element X Interlocal Agreement w/ County School Board 130 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Ame ndment Needed By Element facilities However, see (13)(g)6 a for similar requirement (13)(g)6 a [Formerly (13)(g)7 a 1 Local gover nments mu st establish a uniform proced ure for determinmg if development apphcations are in complia nce with school concurren cy (13)(g)7 [Formerly (13)(g)8 1 Deleted language that allowed local govern ment to termin ate or suspend an in terlocal agreement with the school board (13)(h) (N ew 2005 prov ision ) The fact that school concu rrency has not yet been implemented by a local gov ernmen t should not be the basis for either an approval or denial of a development permit (15) Prior to adopting Mulhmodal Transportation Districts, FDOT must be consulted to assess the impact on level of service stan dards If impacts are fo und, the local gov ern ment and the FDOT must work together to mitigate those impacts Multimodal distracts established pnor to July 1, 2005 mu st meet this requ irement by Ju ly 1, 2006 or at the time of the EAR -base amendmen t, whichev er occurs last (16) (New 2005 section ) Required local gov ernments to adopt by December 1, 2006 a method for assessin g X X Interlocal Agreeme nt w/ Cou nty School Board Procedural Capital Improvements Element Conc urrency Wallace Ro berts & To dd, LLC 131 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * 150 proportion ate fair -share mitigatio n optio ns F DOT will dev elop a model ordinance by December 1, 2005 (17) (New 2005 section ) If local governmen t has adopted a commun ity v ision and urban service bounda ry, state and regional agency review is eliminated for plan amendments affectin g property within the urban service boundary Su ch amendmen ts are exempt from the limitation on the frequen cy of plan amendments (18) (New 2005 section ) If a mun icipality has adopted an urban in fill an d redevelopmen t area, state an d regional agen cy rev iew is eliminated for plan amendments affecting Wa llace Roberts & Todd, LLC Addressed (where/how) Amendment Needed By Element 163 3184 X 132 Procedural VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 151 152 Changes to Chapter 163, F S 1998-2005 property within the urban service boundary S uch amendmen ts are exempt from the limitatio n on the frequency of plan amendments (1)(c)1 f Allowed approval of reside ntial land use as a small-scale development amendment whe n the proposed density is equ al to or less than the existing fut ure land use category Un der certain circumstances affordable ho using units are exempt from this limitation 163, F S Citations N/ A (1)(c)4 (New 2005 provision ) If the small-scale dev elopment amen dment inv olves a rural area of critical economic concern, a 20 -acre limit applies (1)(o) (N ew 2005 prov ision ) An amendmen t to a rural area of critical economic concern may be approved withou t regard to the statu tory limit on comprehensive plan amendments (2)(k) Required local gov ernments that do not hav e either a school interlocal agreement or a pu blic school facilities element, to determine in the EAR whether the local governmen t con tinu es to meet the ex emption cnteria in s 163 3177(12) (2)(1) The EAR must determin e whether the local government has met its v anous water supply requirements, in cluding development of alternativ e water supply Wa llace Roberts & Todd, LLC 163 3187 X X Addressed (where/how) Procedural Housing Eleme nt Amendme nt Needed By Element 163 3191 133 E valuation and Appraisal Report, Interlocal agreeme nt with Cou nty School Board E valuation a nd Appraisal Report VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * 153 projects (2)(o) (N ew 2005 provision) The EAR must eval uate whether its Multimodal Transportation District has achieved the pu rpose for which it was created (2)(p) (New 2005 provision) The EAR must assess methodology for impacts on tra nsportation facilities (10) The EAR -based a mendmen t must be adopted within a single amendment cycle Failure to adopt withi n this cycle results in pen alties Once updated, the comprehen sive plan must be submitted to the DCA (10) N ew section designating Freeport as a certified commu nity (11) New section ex empting proposed D RIs within Freeport from review under s 380 06, F S , unless review is requ ested by the local gov ern men t 163 3246 X X Addressed (where/how) E valuation a nd Appraisal Report Procedural Amendment Needed By Element Wallac e Roberts & Todd, LLC 134 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Wallace Roberts & Todd, LLC 135 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN c Rule Chapter 9J-5, F A C A table demonstrating the manner in which the Village of Key Biscayne complies the requirements of Rule Chapter 9J-5 Florida Administrative Code follows (1) Manner of Compliance with Chapter 9J-5, F A C See table on followings pages Wallace Roberts & Todd, LLC 136 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 N ovember 22, 1989 1 2 3 4 5 Defined availabihty or a vailable, concurren cy, concurre ncy management system, currently available re ve nue sources, an d public facilities and ser vices Note the definition of ava ilability or available was repealed Ma rch 23 1994 and the defi nitio n of pu blic facilities and services was repealed February 25 2001 Required comprehensiv e plan amendments applicable to the Wekiv a River Protection A rea to meet requirements of section 369 301, F S , in addition to meeting compliance requ irements of section 163 3184, F S Required local gov ern men ts to adopt a concurren cy man agement system in their comprehen siv e plans an d established requ irements for such systems Required the capital improvement element to include requ irements to en sure an adequate concurrency man agement system is implemented Clarified requiremen ts relating to projected rev en ue sou rces that are contingen t upon ratification by pu blic referen dum April 2, 1992 9J-5,FAC Citations NA Addressed (where/how) Amendment Needed By Eleme nt 9J-5 003 9J-5 005(8) 9J-5 0055 9J-5 016 9J-5 016(4)(a)2 X Procedural Co nservatio n Coastal Ma nagement a nd Capital Impro vements Elements Capital Improvements Eleme nt (Obj 1 4) Procedural Wallace Roberts & To dd, LLC 137 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendme nt Needed By Element 6 Defin ed transportation co nc urrency man agement area, transportatio n demand man agemen t, transportatio n system man agement, an d transportatio n mobility elemen t Note the definitions of tran sportation con currency management area a nd transportation mobility eleme nt were repea led March 23 1994 9J-5 003 X 7 Authorized local governments to establish optional transportation concurrency managemen t areas and provided requirements for such areas Note this ru le was repea led March 23 1994 9J-5 0057 X 8 Required transportation concurrency management areas to be shown on the futu re land u se map 9J-5 006(4)(a) X 9 Required the capital improvement element to include requ irements to ensure concurren cy management areas are implemented, if designated 9J-5 016 Capital Improveme nts Element (Obi 1 4) March 23, 1994 Wallace Roberts & Todd, LLC 138 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Ame ndment Needed By Element 10 D efined central business district, coastal area, evalu ation and appraisal report, partial ev aluation and appraisal report, proposed ev aluation and appr aisal report, sufficiency rev iew, and very low i ncome family Note the definition of very low income family was repealed March 21 1999 9J-5 003 Procedural, Evaluatio n a nd Appraisal Report, Co nservation a nd Coastal Management and Housi ng Elements 11 Revised the definition of coa stal high hazard areas an d modified the definition of coastal area to prov ide a definition of the term coastal plannin g area Note the definition of coastal planning area was revised March 21 1999 9J-5 003 Capital Improveme nts Element (Obi 1 3) 12 Repealed definitions of av ailability or available, transportation concu rrency managemen t area, an d tra nsportation mobility elemen t 9J-5 003 X 13 Required local comprehensive plans to include a coun tywide marin a siting plan for participating local govern ments in the coastal area and intergovernmental coordin ation processes 9-5 005(1)(c) X 14 Rev ised monitorin g and ev aluation requirements to inclu de a description of the pu blic participation process and components of the evaluation and appraisal process Note Rev ised February 25 2001 9-5 005(7) Eval uatio n and Appraisal Report Wallace Roberts & Todd, LLC 139 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Ame ndment Needed By Element 15 A dded procedures for transmittal a nd review of evaluation and appraisal reports and evaluation an d appraisal amendme nts Note Repealed March 21 1999 a nd February 25 2001 9J-5 0053 X 16 Revised requ irements for the co ncurre ncy man agement system to include pro visions regarding level of serv ice standards, and minimu m requiremen ts for concurrency, and au thorized local governmen ts to in corporate within their con cu rrency man agement system optional long term con currency man agemen t systems, transportation con cu rrency management areas, transporta tion con cu rrency exception areas, concu rrency exceptions for projects that promote public transportation, and provisions for private contribution s to local government capital improv ement plan ning 9J-5 0055 Transportation Circulation (Obi 1 1), I nfrastructure (Obi 1 4), Capital Impro veme nts (Obi 1 2), Coastal Ma nageme nt (Obi 3 4) a nd I ntergover nmental Coordinatio n (Obi 1 2) Elements 17 Repealed provision s au thorizing establishmen t of option al transportation concurrency management area s an d providin g requirements for such areas 9J-5 0057 X Wallace Ro berts & To dd, LLC 140 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 18 19 20 21 Changes to Rule 9J-5, F A C 1989-2003 Requ ired the Fut ure Land Use Eleme nt for coastal counties and municipalities that have dredge spoil disposal responsibilities to iden tify any existing dredge spoil disposal sites and in clude an analysis of the need for addition al dredge spoil disposal sites Required the Future Land Use Element to in clude an analysis of proposed development an d redev elopment based upon hazard mitigation reports Required the Future Land Use Element to in clu de objectiv es to en courage elimination or reduction of uses that are incon sistent with an interagency haza rd mitigation report and ensure the availability of dredge spoil disposal sites for affected coastal counties an d municipalities Requ ired policies of the future land use element to design ate dredge spoil disposal sites for affected coastal coun ties and mun icipalities an d establish site selection criteria for design ation of future dredge spoil disposal sites Wallace Roberts & Todd, LLC 9J-5,FAC Citations 9J-5 006(1)(f)3 a nd 9J-5 006(2)(f) 9J-5 006(2)(g) 9J-5 006(3)(b) 9J-5 006(3)(c) NA X X X Addressed (where/how) Future Land Use (Obis 1 1, 2 4) 141 Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 22 23 24 Changes to Rule 9J-5, F A C 1989-2003 Required local go vernments to adopt the level of serv ice standards established by the Department of Transportation for facilities on the Flonda In trastate Highway System and adopt adequate level of service sta ndards for all other transportation facilities Note 9J- 5 007 was repealed Fe bruary 20 1996 and has been replace d by 9J-5 019 Required the Ports, Av iation and Related Facilities Elemen t to inclu de an analysis of the need for additional dredge spoil disposal sites for existing an d proposed ports Note 9J- 5 009 wa s repealed Febru ary 20 1996 and has been replaced by 9J-5 019 Required the Hou sing Elemen t inven tory an d an alysis to Use data from the affordable hou sin g needs assessmen t Address housin g needs of existing and futu re residen ts Av oid the concen tration of affordable housin g and Address the needs of very -low in come families as well as low an d moderate income families Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 007(3)(c) 9J-5 009(2)(c) 9J-5 010(1) a nd (2) NA X Addressed (where/how) Traffic Circ ulatio n (Obi 1 1), I ntergovernmental Coordi natio n, Capital Improvements Elements Ho using Element 142 Amendment Needed By Eleme nt Recommendation to add amendment to Housi ng Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Ame ndme nt Needed By Element 25 Required Housing Element objectives to address Housing needs of current and f uture residents Sites an d distribution of housi ng for very low in come an d low income families and U se of job training job creation and economic solu tions to address affordable ho using concern s 9J-5 010(3) Rec omme ndation to add amendment to Housi ng Eleme nt 26 Required Coastal Managemen t Element in ventories and analyses to be coordmated with the countywide marin a siting plan 9J-5 012(2) Co nservation a nd Coastal Ma nagement Element (Obj 2 1) 27 Required Coastal Man agement Element policies to Incorporate recommendations from interagen cy hazard mitigation reports, Address the relocation mitigation or replacement of infra structure within the coastal high hazard area In clude criteria consisten t with the coun tywide marina siting plan and Include a procedure to resolv e in consistencies between the local comprehensiv e plan and the deepwater port master plan 9J-5 012(3) Co nservation a nd Coastal Manageme nt Element Obj 3 3 Obj 3 1 j Obj 2 1 N/ A 28 Requ ired affected local gov emments to incorporate the marin a siting plan in the Coastal Managemen t Element 9J-5 012(4) Conser vation a nd Coastal Ma nagement Element (Obj 2 1) Wallace Roberts & Todd, LLC 143 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 29 Changes to R ule 9J-5, F A C 1989-2003 Required objectives of the Intergovernmental Coordination Element to ■ Ens ure coordination in the designation of new dredge spoil disposal sites • Invol ve the na vigation and inlet distncts state and federal agencies and the public in iden tifying dredge spoil disposal sites, and • Resolve conflicts between a coastal local govern ment an d a public agen cy seeking a dredge spoil disposal site through the Coastal Resou rces Interagency Managemen t Committees dispute resolution process Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 015(3) NA X X X 144 Addressed (where/how) Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 30 Required local governments having all or part of their jurisdiction within the urbanized area of a Metropolitan Planning Organization to prepare and adopt a transportatio n eleme nt which replaces the traffic circulatio n element, the mass transit element, and the ports, aviation and related facilities element a nd established requirements for the transportation element 9J-5 019 Backgrou nd Transportation Sectio n includes maps depicting -existing circulation -traffic co ntrol de vices -tra nsit service -traffic volumes -speed control -bicycle and pedestria n plan May 18, 1994 31 Added prov isions for settlement of con flicts throu gh comphance agreemen ts Procedural Wallace Roberts & Todd, LLC 145 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN 32 Changes to R ule 9J-5, F A C 1989-2003 Defin ed adjusted for family size, adjusted gross income, affordable housing, agency, amendment, clustering, compatibility, composition , den sity, development, developmen t controls, distributio n, env ironmentally sensitive lands, exte nt, facility ava ila bility, floodprone areas, functional relationship, high recharge area, hurricane vu ln erabihty zone, intensity, manufactured home, moderate income hou sehold, natu ral drain age flow, natural groun dwater aquifer recharge areas or n atural groun dwater recharge areas, new town, Apattern, potable water wellfield, pu rchase of developmen t rights, rural areas, rural village or rural activity center, stormwater basin , stormwater facilities, stormwater mana gement system, suitability, tran sfer of developmen t rights, urban area, u rban sprawl, v ery low income household, wellhead protection area, and wetlands Note the defin ition s of adju sted for family siz e adjusted gr oss in come dev elopment an d high recha rge a rea were repealed a nd the definitions of afforda ble housing an d wetla nds were revised March 21 1999 Wallace Roberts & Todd, LLC 9J-5,FAC Citations 9J-5 003 NA Addressed (where/how) Procedural 146 Ame ndment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 33 Revised definitions of areas s ubject to coastal flooding, conservatio n uses, deepwater ports, estuary, low i ncome household, mobile home, natural reservation s, an d oceanic waters 9J-5 003 Procedural 34 Rev ised comprehensive plan content requiremen ts to clarify that the future land use map or map senes must be mcluded in the adopted comprehensive plan 9J-5 005(1) Future La nd Use Map 35 Requ ired all goals, objectiv es, policies, standards, findings and conclusion s of the comprehensiv e plan an d plan amendmen ts to be based upon an alysis as well as data, explained the mean ing of being based u pon data, referen ced the Department's guide to data sou rces and N ational Wetland Inven tory Maps, and authorized local governments to su bmit textual portions of their plan or amendmen t on electronic processing storage media 9J-5 005(2) Procedural 36 Requ ired goals, objectives and policies to establish stan dards for the use of land an d guidelines for lan d development regulations 9J-5 005(6) Future Land Use Element (Obj 1 1) Wallace Robe rts & Todd, LLC 147 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 37 Requ ired plan amendme nts e xempt from the twice -a -year restriction u nder the developme nt of regional impact provisio n to be transmitted as required by law and revised adoption by reference requ irements Note adoption by referen ce requirements were further revised March 21 1999 9J-5 005(2)(g) Procedural 38 A uthorized local gov ernments to recognize in their comprehen sive plans, statu tory and common law vested rights 9J-5 005(8) Conservation and Coastal Ma nagement (Obi 3 1) 39 Requ ired public potable water wells and wellhead protection area s to be shown on ex istin g land use map or map series an d provided that education al u ses, pubhc bu ildings an d groun ds an d other pubhc facilities may be shown as on e land use category 9J-5 006(1)] X 40 Required policies of the Future Land Use Element to address pro tection of potable water wellfields by designating appropriate activities and land uses within wellhead protection areas 9J 5 006(3) Future La nd Use Element Wallac e Ro berts & Todd, LLC 148 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Cit ations NA Addressed (where/how) Amendme nt Needed By Element 41 Required public potable waterwells, wellhead protection areas, a nd coastal high hazard areas to be show n on the future land u se map and prov ided that ed ucatio nal uses, public bu ildings and grounds a nd other public facilities may be shown as one land use category Prov ided that if mixed use categories are u sed, policies must specify types of land uses allowed, the percentage distnbution among the mix of u ses or other objectiv e measurement, and the density and in ten sity of each use 9J-5 006(4) X 42 Prov ided cntena for rev iewing local comprehen sive plan s and plan amendments for adequacy in discou ragin g the proliferation of urban sprawl, inclu ding indicators of sprawl and measures for evaluatin g land u ses, local conditions, and developmen t controls 9J-5 006(5) Future La nd Use Eleme nt (Obj 1 1) 43 Requ ired the Housing Element to address hou sing for moderate in come, low income, an d v ery low in come households, group homes, foster care facilities, and hou seholds with special housing needs, including rural and farmworker housin g 9J-5 010 Housing Eleme nt (Obis 1 1, 1 2) 44 Requ ired the Housing Elemen t analysis to address the existing hou sin g delivery system [ 9J-5 010(2) Wallace Roberts & Todd, LLC 149 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 45 46 47 Changes to R ule 9J-5, F A C 1989-2003 Required objecti ves of the Housmg Eleme nt to address adequate sites for mobile a nd manufactured homes Required policies of the Ho using Eleme nt to Include specific programs and actions to streamline the permitti ng process and minimize costs and delays for housing, Establish principles an d cntena guiding the location of manu factured homes, Iden tify interlocal agreemen ts with nearby local governmen ts to prov ide affordable hou sing, and Designate sufficient sites at sufficient densities to accommodate affordable hou sin g Requ ired the data and analysis of the Sanitary Sewer, Solid Waste, Stormwater Managemen t, Potable Water and N atural Groundwater Aquifer Recharge Element to iden tify major n atural drainage features an d natural groun dwater aquifer recharge area s, including areas identified by the water managemen t district as prime or high groun dwater recharge areas Wallace Roberts & Todd, LLC 9J-5,F AC Citations 9J-5 010(3)(b) 9J-5 010(3)(c) 9J-5 011(1) NA Addressed (where/how) Housing Element Obj 1 4 Obj 14 Obj 16 Conservation and Coastal Management (Obis 1 2, 3 1) and F uture Land Use (Obj 2 5) Element 150 Amendment Needed By Eleme nt Recommendation to add amendment to Ho usi ng Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 48 49 50 Changes to Rule 9J-5, F A C 1989-2003 Requ ired the policies of the Sa nitary Sewer, Solid Waste, Stormwater Ma nagement, Potable Water and Natural Gro undwater Aqu ifer Recharge Element to establish water quality standards for stormwater recharge R equired the Con servation Element to identify and analyze groun dwater and importa nt fish or shellfish areas Requ ired policies of the con servation eleme nt to address land uses known to affect adversely the quality an d qu antity of water sou rces, inclu ding natu ral groun dwater recharge areas, well head protection areas and surface waters used as a source of pu blic water supply, an d the protection and con serv ation of wetlands February 20, 1996 51 52 Repealed rule requirements for the Traffic Circulation Elemen t, Mass Transit Element, Ports, Aviation an d Related Facilities Element Note Certain local go vernments mu st con tinu e to prepa re these elements pursu ant to 163 3177 F S a nd 9J-5 019 FA C Repealed rule requirements for the Recreation and Open Space Element Note Section 163 3177 F S requires loca l govern ments to Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 011(2) NA Addressed (where/how) Infrastr ucture (Goal 1), Intergovernmental Coordination (Obi 1 2), a nd Co nservation and Coastal Management (Obi 1 2) Elements Amendment Needed By Element 9J-5 013(1) 9J-5 013(2) and (3) Conservation a nd Coastal Management Element (Obi 1 2, 1 7) Conservatio n and Coastal Management Eleme nt 9J-5 007, 9J- 5 008, and 9J- 5 009 X 9J-5 014 Recreatio n and Open Space Element 151 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 53 Changes to Rule 9J-5, F A C 1989-2003 prepare this element Repealed rule requirements for co nsistency of local gov ernment comprehe nsive plans with Comprehensive Regional Pohcy Plans and with the Sta te Comprehensive Pla n Note Local government comprehensive plans are required by section 163 3184(1)(b) F S to be consistent with the applicable Strategic Regio nal Policy Plan an d the State Co mprehensive Plan October 20, 1998 54 9J-5,FAC Citatio ns NA Addressed (where/how) Ame ndme nt Needed By Element Established requirements for the Pu blic School Facihties Element for Public School Con cu rren cy for local gov ernments that adopt school con currency March 21, 1999 55 56 57 Defined public tran sit and stormwater management facilities 9J-5 021 X E valuation and Appraisal Report 9J-5 025 Intergo vernmental Coordinatio n Revised the defin itions of affordable housing, coastal plannin g area, port facthty, and wetlands Repeal the definitions of adju sted for family size, adju sted gross income, development, high recharge area or prime recharge area, Wallace Roberts & Todd, LLC 9J-5 003 Procedural 9J-5 003 9J-5 003 Proced ural, Housing and Conservatio n a nd Coastal Management Eleme nts 152 Housi ng Eleme nt VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendment Needed By Element mass transit, paratransit, p ubhc facilities, very low-income family 58 Rev ised provisions relati ng to adoption by referen ce into the local comprehensi ve plan 9J-5 005(2)(g) a nd (8)0) Procedural 59 Repealed tran smittal requirements for proposed evaluation an d appraisal reports, submittal requ irements for adopted ev aluation and appraisal reports, cnteria for determining the sufficiency of adopted ev aluation and appraisal reports, procedures for adoption of evaluatio n an d appraisal reports Note tra nsmittal requ irements for proposed evaluation a nd appraisal reports and submittal requ iremen ts for adopted evaluation and appraisal reports were in co rporated Rule Chapter 9J-11 FA C 9J-5 0053(2) thro ugh (5) Procedural Evaluation and Appraisal Report 60 Repealed condition s for de mimmis impact and referenced condition s in subsection 163 3180(6), F S 9J-5 0055(3)6 Procedural 61 Required the future lan d use map to show the transportation concurrency exception area bou ndanes of such areas hav e been designated and areas for possible fu tu re municipal incorporation 9J-5 006(4) X 62 Required objectiv es of the Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water and N atu ral Groundwater Aquifer Recharge Elemen t to address protection of high 9J-5 011(2) I nfrastructure (Obj 1 1), Conservatio n a nd Coastal Manageme nt (Obj 1 2) Elements Wallace Roberts & To dd, LLC 153 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 recharge and prime recharge areas 63 Repealed the Intergo ver nme ntal Coordin ation Element process to determine if development proposals would have significant impacts on other local governments or state or regional resou rces or facilities, and pro visions relating to resolution of disputes, m odification of dev elopmen t orders, and the rendering of dev elopment orders to the Department of Commun ity Affairs (D CA) 64 Clarified that local gov ern men ts not located within the urban area of a Metropolitan Plannin g Organization are required to adopt a Traffic Circulation Element an d that local governmen ts with a population of 50,000 or less are n ot required to prepare Mass Transit an d Ports, Av iation an d Related Facihties Elements Wallace Ro berts & Todd, LLC 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 9J-5 015(4) X 9J-5 019(1) X 154 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 65 Required objectives of the Transportatio n Element to 9J-5 019(4)(b) • Coordination the siti ng of new, or ex pan sion of existi ng ports, airports, or related facilities with the Fut ure Lan d Use, Coastal Management, and Conservation Elements, X • Coordin ation surface transportation access to ports, airports, and related facilities with the traffic circulation system, X • Coordination ports, airports, and related facilities plans with plan s of other tran sportatio n prov iders, and X • Ensure that access routes to ports, airports and related facilities are properly integrated with other modes of transportation X 66 Required policies of the Tran sportation Elemen t to 9J-5 019(4)(c) Provide for safe and conven ient on -site traffic flow, Transportation Circulation Element (Obi 1 1) Establish measures for the acqu isition and preservation of pu blic transit rights -of- way and comdors, Transportation Circ ulatio n Eleme nt (Obi 1 4) Wallace Ro berts & To dd, LLC 155 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 67 68 Changes to Rule 9J-5, F A C 1989-2003 Promote ports, airports a nd related facilities development and expansion, Mitigate adverse structural and no n- structu ral impacts from ports, airports an d related facilities, Protect and con serve natural resources within ports, airports and related facilities, Coordinate in termodal management of su rface and water transportation withi n ports, airports and related facilities, and Protect ports, airports and related facilities from encroachmen t of incompatible land uses Added standards for the review of lan d dev elopment regu lation s by the D epartment A dded criteria for determinin g con sistency of land developmen t regu la tions with the comprehensive plan Febru ary 25, 2001 69 70 Defined gen eral lan es 9J-5, F A C Citations NA X Addressed (where/how) Ame ndment Needed By Element X X X X 9J-5 022 9J-5 023 Procedural Procedural Fut ure La nd Use Eleme nt (Obi 1 1) Revised the defin ition of "marine wetlan ds " Wallace Roberts & Todd, LLC 9J-5 003 9J-5 003 Procedural Tra nsportatio n Circ ulation Eleme nt Procedural Conservatio n and Coastal Manageme nt Eleme nt 156 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 71 Repeal the definition of "p ubhc facihties and serv ices " 9J-5 003 X 72 Revised procedures for mo nitori ng, evaluating and appraising implementatio n of local comprehensiv e plans 9J-5 005(7) Eval uation and Appraisal Report 73 Repealed requirements for evaluation and appraisal reports and evaluation and appraisal amendments 9J-5 0053 X 74 Revised con curren cy management system requirements to in clu de provisions for establishmen t of pubhc school concurrency 9J-5 005(1) and (2) Intergovernmental Coordination (Obj 1 1) 75 A uthorized local gov ernments to establish multimodal transportation lev el of service standards and established requirements for multimodal transportation districts 9J-5 0055(2)(b) and (3)(c) X 76 Au thorized local governments to establish level of service stan dards for general lanes of the Florida In trastate Highway System within u rban ized areas, with the concurrence of the Department of Tran sportation 9J-5 0055(2)(c) Tra nsportation Circulation (Obj 1 1) 77 Provide that pubhc tran sit facilities are not subject to con curren cy requiremen ts 9J-5 0055(8) Procedural 78 Au thorized local comprehensive plans to permit multi -use developmen ts of region al impact to satisfy the tran sportation concurrency requirements by payment of a proportionate share contribu tion 9J-5 0055(9) Capital Impro vements Element Wallace Robe rts & Todd, LLC 157 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 79 80 81 82 83 Changes to Rule 9J-5, F A C 1989-2003 Requ ired the future land use map to show mu ltimodal transportatio n district boundaries, if established Au thorized local governments to establish multimodal transportation districts a nd, if established, required local governments to establish design standards for such distncts Requ ired data for the Housin g Element i ncl ude a description of su bstandard dwelling units and repealed the requiremen t that the housing in ven tory in clude a locally determined definition of stan dard and substandard housing con ditions Authorized local govern ments to supplement the affordable hou sing needs assessment with locally generated data and repealed the au thorization for local gov ernmen ts to conduct their own assessmen t Required the Intergov ernmental Coordin ation Elemen t to include objectives that ensure adoption of interlocal agreements within one year of adoption of the amen ded Intergov ern mental Coordin ation Element and ensure intergov ernmen tal coordination between all affected local gov ernments an d the school bo ard for the purpose of establishin g requiremen ts for pu blic school concurrency Wallace Roberts & Todd, LLC 9J-5, F A C Citatio ns 9J-5 006(4) 9J-5 006(6) 9J-5 010(1)(c) NA X X Addressed (where/how) Housi ng Element (Obj 17) Amendme nt Needed By Element 91-5 10(2)(b) Housing Eleme nt (Obj 1 4) 9J-5 015(3)(b) Housi ng Element (Obis 1 1, 1 2,1 3) 158 VILLAGE OF KEY BISCAYNE EVALU ATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 84 85 Changes to Rule 9J-5, F A C 1989-2003 Required the Intergovernmental Coordination Elemen t to include Policies that provide procedures to identify an d implement joi nt plan ning areas for purposes of annexation, municipal incorporation and joint infrastructure service areas, Recogn ize campu s master plan a nd provide procedures for coordination of the campus master development agreemen t, Establish join t processes for collaborative plan ning and decision -making with other units of local gov ernmen t, Establish joint processes for collaborative plann ing and decision making with the school board on popula tion projection s an d sitin g of pubhc school facilities, Establish joint processes for the sitmg of facilities with coun ty -wide significan ce, and A doption of an interlocal agreement for school concurren cy Required the Capital Improvemen ts Elemen t to in clude implementation measures that prov ide a five-year financially feasible public school Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 015(3)(c) 9J-5 016(4)(a) NA Addressed (where/how) Amendment Needed By Element Housi ng Element (Obi 1 2) X Ho using Eleme nt (Obi 1 1, 12, 1 3) Housing Element (Obi 1 1) Ho using Element (Obi 1 1, 1 2, 1 3) X Ho using Element (Obj 1 1) 159 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 86 87 88 Changes to R ule 9J-5, F A C 1989-2003 facilities program that demo nstrates the adopted level of service sta ndards will be achieved and maintained and a schedule of capital improv ements for multimodal transportation districts, if locally established Required the Tran sportation Eleme nt a nalysis for mu ltimodal transportation districts to demonstrate that commun ity design elements will reduce v ehicle miles of trav el and s upport an in tegrated, multi -modal transportation system Requ ired Tran sportation Element objectives for multimodal transportation districts to address provision of a safe, comfortable an d attractive pedestrian en viron ment with conv enien t access to public transportation Au thorized local governments to establish level of serv ice standards for gen eral lanes of the Florida Intrastate Highway System within urbanized areas, with the concu rrence of the D epartment of Tran sportation Wallace Roberts & Todd, LLC 9J-5,FAC Citations 9J-5 019(3) 9J-5 019(4) 9J-5 019(4)(c) NA X X Addressed (where/how) Tra nsportation Circ ulatio n (Obi 1 1) 160 Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Wallace Roberts & Todd, LLC 161 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN d Strategic Regional Policy Plan for South Florida In accordance with Section 163 3191, the following evaluates relevant changes in growth management laws in the South Florida Regional Planning Council s Strategic Regional Policy Plan of South Florida which was adopted on June 7 2004 and become effective on July 7 2004 (1) Manner of Compliance with Strategic Regional Policy Plan for South Florida Goal 1) Invest in youth and workforce of the region by providing quality education, workforce training and targeted job creation Response —Addressed through ongoing intergovernmental coordination efforts Goal 2) Increase employment opportunities and support the creation of jobs with better pay and benefits for the Region's workforce Response— See response to Goal 1 above Goal 3) Protect the health, safety and welfare of South Flonda s residents Response— Addressed through ongoing intergovernmental coordination efforts Goal 4) Enhance the economic and environmental sustainability of the Region by ensuring the adequacy of its public facilities and services Response— Addressed in Master Plan's Conservation and Coastal Management and Capital Improvements Elements Goal 5) Overcome school overcrowding in the region Response —Addressed in Master Plan's Intergovernmental Coordination Element Wallace Roberts & Todd, LLC 162 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goal 6) Ensure the availability of equitable distribution of adequate, affordable housing for very low, low and moderate income households within the Region Response —Addressed in Master Plan's Housing Element Goal 7) Protect, conserve, and enhance the Region's water resources Response —Addressed in Master Plan's Future Land Use (Objectives 2 3, 2 7), Infrastructure (Objective 1 5), and Conservation and Coastal Management (Objectives 1 2, 2 5) Elements Goal 8) Enhance the Region's mobility, safety, quality of life, and economic healthy through improvements to road, port, and public transportation infrastructure Response —Addressed in Master Plan's Traffic Circulation and Infrastructure Elements Goal 9) Develop clean, sustainable, and energy efficient power generation and transportation systems Response —Addressed in Master Plan's Traffic Circulation and Infrastructure Elements Goal 10) Increase awareness of the Region's green infrastructure, its significance to the Region's economy, and the public's role in access and use that is compatible with long-term sustainability Response —Addressed in the Master Plan's Parks and Recreation and Conservation and Coastal Management Elements Goal 11) Encourage and promote the implementation of development proposals that conserve the region s natural resources, rural and agricultural lands, green infrastructure, and 0 Utilize existing and planned infrastructure where most appropriate in urban areas Wallace Roberts & Todd, LLC 163 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 6 Conclusions and Recommendations FUTURE LAND USE Recommendation FLU1 The language in Goal 1 of the Future Land Use should be strengthened to read in part • Future residential development shall be at the lowest densities consistent with protection of reasonable property rights Recommendation FLU2 The following changes should be made to the future land use map to reflect current and anticipated uses • Government and Civic Center parcels at West McIntyre Street and Village Green Way should be reclassified from Commercial to Public and Institutional • The Pankey Building (1 Crandon Boulevard) should be changed from Medium Density Multi -Family to Office • The Esplanade should be changed from Office to Commercial • The Library (299 Crandon Boulevard) should be changed from Medium Density Multi -Family to Public and Institutional • The Beach Park should be changed from Medium Density Multi -Family to Public Recreational and Open Space • A portion of the Key Biscayne K-8 Center is designated as Public Recreation and Open Space should be adjusted The eastern third should remain as Public Recreation and Open Space, but the remaining two-thirds should be categorized as Public and Institutional • The 700 block of Fernwood Road should be recategorized from Two Family Residential to Single Family Medium Density Residential • Village Lake Park should be recategonzed from Low Density Multi -Family to Public Recreation and Open Space Recommendation FLU3 Dates referenced in the following policy and objective should be updated • Policy 2 1 1 Complete (sanitary sewer extension) plan by 2008 • Objective 2 6 Historic Preservation prepare a list and strategy for preservation of potentially significant historic structures by 2010 Wallace Roberts & Todd, LLC 165 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 0 Enhance the utilization of regional transportation systems 0 Incorporate mixed land use development 0 Recycle existing developed sites, and, 0 Provide for the preservation of historic sites Response —No Agriculture or agriculturally designated lands in the city Goal 13) Preserve, restore and rehabilitate South Florida s historic structures, landmarks, districts, neighborhoods, and archeological sites Response —Addressed in the Master Plan's Future Land Use (Objective 2 6), Housing (Objective 1 5), and Conservation and Coastal Management (Objective 2 4) Elements Wallace Roberts & Todd, LLC 164 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN TRAFFIC CIRCULATION Recommendation TC1 A policy should be written under Objective 1 1 scheduling a traffic study to assess the impact of internally generated traffic congestion Recommendation TC2 A policy should be written under Objective 1 1 scheduling a traffic study to assess the LOS of collector and local streets Recommendation TC3 In Policy 1 1 1, change the designation for arterial roadways from LOS E to LOS D Recommendation TC4 Observe Fernwood Road as a transitional road between residential and commercial At the rear lot line of specific commercial centers on Crandon Boulevard, open access points to pedestrians golf carts and, on a limited basis, to vehicular traffic Recommendation TC5 Place and coordinate the update of electnc signs at the intersection of Highway 95 and US Route 1 South that inform visitors if Bill Baggs Park is at capacity or accepting additional visitors HOUSING Recommendation H1 An amendment should be added to the Housing Element stating The Village shall monitor current and future housing needs and explore innovative solutions to increase the affordability and diversity of the stock while maintaining compliance with Coastal High Hazard Area and Floodplain regulations ' Recommendation H2 The following objective should be amended to read ■ Objective 14 The Local Planning Agency (LPA) shall define and promote affordable housing of a type and at a price range consistent with Key Biscayne local market and general market conditions Recommendation H3 The following objective should be amended to read ■ Objective 1 6 Development of Affordable Housing in Nearby Communities Develop ongoing interlocal coordination with other jurisdictions and non- governmental agencies for the provision of affordable housing Recommendation H4 The following policy should be removed because it is no longer relevant to existing conditions and needs There were and are no vacant properties along Crandon Boulevard There were two sites Wallace Roberts & Todd, LLC 166 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN onginally developed as small, low -density hotels and replaced with more than 250 units • Objective 1 1 New Construction Cooperate with private sector to build at least 250 well designed and diversified units on vacant residentially designated areas along Crandon Boulevard by 2004 INFRASTRUCTURE Recommendation 11 The date referenced in the following policy should be updated ■ Policy 1 2 1 Complete financial and engineering feasibility plan to extend sanitary sewers to unsewered areas by 2010, and complete implementation by 2008 CONSERVATION AND COASTAL MANAGEMENT Recommendation CCM1 An addition to should be made to state that the Village will continue to explore new ways to integrate green technologies into public facilities Recommendation CCM2 Dates referenced in the following objective should be updated ■ Objective 2 4 Histonc Preservation Prepare a list of potentially Recommendation CCM3 Update Policy 3 3 1 to read* • Policy 3 3 1 Update the disaster response plan based on the Hurricane Andrew experience and in consultation with the South Flonda Regional Planning Council (SFRPC) and MDC OEM by 1996 *The Village is in the process of coming up with a more comprehensive plan that covers pre -storm, evacuation, and post storm guidelines RECREATION AND OPEN SPACE Recommendation ROS1 The following objective should be amended to read • Objective 1 5 Public -Private Coordination Explore and implement a fully coordinated system of recreation resources Recommendation ROS2 The following policy should be amended to read Wallace Roberts & Todd, LLC 167 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Policy 1 3 5 Explore means of revenue raising to support public trust acquisition of recreation lands and open space and preservation of historic landmarks by 2010 INTERGOVERNMENTAL COORDINATION Recommendation IC1 The following policy should be amended to read ■ Policy 1 2 1 As is relevant consider and attempt to consummate the following interlocal agreements on an ongoing basis Recommendation IC2 The following policy should be removed because it is no longer relevant to existing conditions and needs The Village has not attempted to annex any land, nor does it foresee doing so • Policy 1 1 3 Use informal mediation process of SFRPC to resolve annexation and other conflicts with other governmental entities CAPITAL IMPROVEMENTS Recommendation CI1 In compliance with Chapter 163, FS (5)(d), provisions should be included for granting concurrency exceptions Recommendation Cl2 The date referenced in the following policy should be updated • Policy 1 5 2 Explore a recreational impact fee for all new development to help fund acquisitions and improvements by 1994 In May 2005, the Village assembled the 2020 Vision/EAR Committee to lead the community in charting a vision statement and developing a comprehensive strategic plan for capital improvement projects At the time of submission of this EAR, the 2020 Vision/EAR Committee is working on project prioritization and budget analysis and deliberating the merits of including all or part of the Vision Statement in appropriate goals objectives and policies Following an assessment by the Vision Committee, the capital improvement projects will be reviewed by the Village Council Depending on the outcome of such review or referenda certain initiatives may be proposed for treatment in a Master Plan amendment to serve as a foundation and guideline for future policy and decision -making Wallace Roberts & Todd, LLC 168 RESOLUTION NO 2006-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING MIAMI-DADE COUNTY TO IMPROVE THE BICYCLE LANE ALONG THE RICKENBACKER CAUSEWAY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Miami -Dade County is presently prepanng to implement certain improvements to the Rickenbacker Causeway, and WHEREAS, in connection with the scheduled County improvements to the Rickenbacker Causeway, the Village Council recommends that the County design and install bicycle lane improvements which will enhance the safety of bikers and promote better biker and motor vehicle compatibility and safety, and WHEREAS, the Village Council respectfully requests that the County consider establishing better road surface markings for the protection and designation of bicycle lanes and consider designating a greater road surface width for the bicycle lane at the Rickenbacker Causeway NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals are hereby adopted and confirmed Section 2 County Action Requested That the Village Council respectfully requests that Miami -Dade County cause the design and installation of enhanced bicycle lanes for the bike lane situated along the Rickenbacker Causeway, as descnbed herein Section 3 Implementation That the Village Manager is hereby authorized to take any and all action which is necessary to implement the purposes of this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of May, 2006 4.0(4,,c, LL, MAYOR ROBERT OLDAKOWSKI AT HITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFI IL AGE ATTORNEY 103 001/Resolutions/Improving Bicycle Lane Along Rickenbacker Causeway 4 25 06 2 RESOLUTION NO 2006-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING MIAMI-DADE COUNTY TO MAINTAIN THE PRESENT ENTRANCES AT CRANDON PARK, AND NOT TO INSTITUTE ANY ADDITIONAL SOUTH ENTRANCE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, Flonda, has learned that Miami -Dade County is considering creating and opening a third entrance at the far south end of Crandon Park (the "Park"), which would be the Park entrance which is closest to the Village of Key Biscayne, and WHEREAS, the Village Council finds that opening of a third Park entrance in close proximity to the Village of Key Biscayne would adversely impact traffic conditions closest to the Village, and WHEREAS, the Village Council finds that given the substantial length of the Park, it is not logical to institute a Park entrance which is further to the south than the existing entrances, and WHEREAS, the Village Council requests that Miami -Dade County maintain the existing Park entrances in their present location and not open an additional entrance situated in close proximity to the Village, and WHEREAS, the Village Council requests that Miami -Dade County utilize the Park entrance which is the furthest to the north on those days in which the County finds that it is not necessary to use both of the existing two (2) Park entrances NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed Section 2 County Action Requested That the Village Council respectfully requests that Miami -Dade County not open a southern entrance to the Park, and that instead the County maintain the existing locations of the Park entrances Further, the Village Council respectfully requests that on those days that the County determines it is not necessary to provide two (2) Park entrances, that the northern most existing Park entrance be utilized for Park visitors Section 3 Implementation That the Village Manager is hereby authonzed to take any and all action which is necessary to implement the purposes of this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of May, 2006 /(.0letatt MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLERK HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENiC i; �,. f „tut. LUIS PLORs VILLAGE ATTORNEY 103 001/Resolutions/Maintain Present Entrances at Crandon Park 4 25 06 2 RESOLUTION NO 2006-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN SKYLINE MANAGEMENT GROUP, INC ("SKYLINE") AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR AMENDMENT TO AGREEMENT BETWEEN THE VILLAGE AND SKYLINE CONCERNING SKYLINE'S PROVISION OF SERVICES TO THE VILLAGE AS THE OWNER'S REPRESENTATIVE FOR VILLAGE PROJECTS, AUTHORIZING IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council, in accordance with the Memorandum of the Village Manager, desires to amend the Village of Key Biscayne Agreement for Professional Services, as initially entered into between the Village and Skyline Management Group, Inc ("Skyline"), as of Apnl 26, 2003, as previously amended, concerning professional services as Owner's Representative for certain projects of the Village, and WHEREAS, the Village finds that approval of the Third Amendment to Agreement is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2. Amendment to Professional Service's Agreement Authorized. That the Third Amendment to Professional Services Agreement (the "Third Amendment to Agreement") between the Village and Skyline for Owner's Representative services, is hereby approved and the Village Manager is hereby authorized, on behalf of the Village, to execute the Third Amendment to Agreement, in substantially the form attached hereto, once approved as to form and legal sufficiency by the Village Attorney Section 3 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement this Resolution and the Third Amendment to Agreement Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of May, 2006 AT CHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC tilt k__ VILLAGE ATTORNEY A2(614.(zoi. MAYOR ROBERT OLDAKOWSKI 1 F \100\103001\Resolutions\Third Amended Professional Services Agreement Re Skyline Management Group 4 26 06 2 THIRD AMENDMENT TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES This Third Amendment to Agreement, made and entered i ���"/ gr into this day of May, 2006, by and between the Village of Key Biscayne (the "Village") and Skylme Management Group, Inc , a Florida corporation (the "Consultant") RECITALS The Village and Consultant have entered into that certain Village Agreement for Professional Services (the "Agreement"), dated April 26, 2003, by which the Village initially engaged Consultant to perform certain professional services as Owners Representative for the Village's Community Center Project, as descnbed in the Agreement, as amended by Amendment of August 3, 2004 and by Amendment of April 12, 2005, and The Village and Consultant now desire to further amend the Agreement, pursuant to this Third Amendment to Agreement, for the purpose of further amending the Scope of Services, total amount of fees for services, and length of the term of the Agreement In consideration of the mutual covenants set forth in this Third Amendment to Agreement, the parties hereby agree as follows 1 Agreement Amended, That the above -described Agreement, as previously amended, is hereby further amended, as follows (1) That the followmg additional specified services are added to Section 1 "Scope of Services" of the Agreement, as subparagraphs vin to xii, inclusive, of paragraph (A) thereof, to read as follows vin provide contract administration services and all other services as requested by the Village Manager m order to facilitate the completion of the Crandon Boulevard Improvement Project of the Village, ix provide contract admlmstration services and all other services as requested by the Village Manager in order to facilitate the completion of the Community School Playing Field Project of the Village, x provide contract administration services and all other services as requested by the Village Manager m order to facilitate the completion of the Calusa Park Pavilion Renovation Project of the Village, xi provide contract adnnnlstration services and all other services as requested by the Village Manager in order to facilitate the completion of the Skate Park Project of the Village, xii provide contract administration services and all other services as requested by the Village Manager for all other projects which are assigned by the Village Manager to the Consultant in accordance with any required Village Council authorization (2) That the duration for the term of the Agreement, as provided in Section 3 "Term" of the Agreement, as twice previously amended, is hereby further amended to provide for a further twenty four (24) month extension, so as to have an extended duration from September 30, 2005 to September 30, 2007 Accordingly, the term of the Agreement, as amended by this Third Amendment to Agreement, shall conclude on September 30, 2007, unless extended by the Village Manager or earlier terminated pursuant to Section 8 of the Agreement or by early completion of all construction, including the Projects described m paragraph (1) above However, m the event that the Village Council does not budget funds for the payment of this Agreement, for the Village Fiscal Year which commences on October 1, 2006, the term of this Agreement shall conclude on September 30, 2006 (3) That the fees for services, as provided m Section 2 "Fees for Services, Office Space" of the Agreement as previously amended, is hereby further revised by amending the total compensation authorized, to provide for compensation of up to $240,000 00 for each year of the two (2) year term of this extension (calculated at a rate not to exceed $20,000 00 per month) for the existing and additional services which are added to the Scope of Services and for the extended term of the Agreement II Effect Upon Agreement, The Agreement, as previously amended, shall remain in full force and effect, except as amended herein by this Third Amendment to Agreement The effective date of the Third Amendment to Agreement shall be retroactive to October 1, 2005 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Third Amendment to Agreement upon the terms and conditions above stated on the day and year first above wntten, effective as provided herein CONSULTANT SKYLINE MANAGEMENT GROUP, INC 4040 Northeast Second Avenue, Suite 305 Miami, FL 3 313 By Pa e - sident VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Bisca e, FL 33149 By e--52 Jacqueline R Men - ndez Village Manager Approved as to Form and Legal Sufficiency Village Attorney Approved pursuant to Cou ' esolution No F \103001\Agreements\Third Amendment to Village of Key Biscayne Agreement 4 26 06 oteg -/7 RESOLUTION NO 2006-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT, PROVIDING FOR CONDITIONS, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Flonda, recreational activities are permitted within the Government Use Distnct upon approval of a Beach Management Plan by the Village Council, and WHEREAS, the applicant, The Ritz -Carlton, located at 455 Grand Bay Dnve, Key Biscayne, Flonda has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use Distnct for approval by Village Council, and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard, and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2 Approval of Beach Management Plan In accordance with Section 30-102 of the Village Code, the Village Council hereby authorizes and approves the Beach Management Plan, attached and incorporated herein Section 3 Conditions. The Beach Management Plan as approved, is subject to the following conditions (1) Dunng storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet (2) Except for the authonzed emergency rescue vessel, the use of motonzed vessels is absolutely prohibited (3) The emergency rescue vessel shall be used solely for emergency rescue purposes and shall not be used to transport passengers or equipment to and from the beach for the purpose of assisting any non-motonzed vessel/water equipment rental operation(s) (4) The emergency rescue vessel shall have a four stroke engine or the best available technology, be equipped with an operational manne radio or wireless phone, and shall satisfy all U S Coast Guard safety requirements (5) Dunng permitted hours of operation the emergency rescue vessel shall be moored in the water or located at a site approved by the Village Public Works Director (6) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterline The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol (7) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach 2 Management Plan approval Section 4. Implementation That the Village Manager is hereby authonzed to take any action which is necessary to implement this Resolution Section 5. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May, 2006 /Gr2cecu cm L, MAYOR ROBERT OLDAKOWSKI 4A/a-,„, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE 1 .--11)111 VILLAGE ATTORNEY F \100\103001\Resolutions\Resolution Approving Beach Management Plan Ritz doc 3 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council ert Oldakowski Mayor rt L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patncia Weinman Village Manager queline R Menendez DATE TO Honorble mbers of the Village Council FROM J. �=• e( e e e Village Manager RE : each Management Plan — The Ritz -Carlton Hotel Key Biscayne ne May 16, 2006 RECOMMENDATION It is recommended that the Village Council approve the Beach Management Plan submitted by The Ritz -Carlton Hotel with the following conditions 1 Non -motorized vehicles and water equipment operation • As specified under section 30-102 of the Village code subsection (e)(2) the use of motorized vessels is absolutely prohibited except for an authorized rescue vessel approved under subsection (g)(9) The use of any other motorized watercraft is not allowed • The use of this one motorized rescue vessel should not be used to assist the non -motorized vehicle and water equipment operation in regards to transporting people or towing equipment to and from the beach • As specified under section 30-102 of the Village code subsection (g)(9) this one vessel shall have a four stroke engine or best available technology, be equipped with an operational marine radio or wireless phone and shall satisfy all U S Coast Guard safety requirements 2 Clear passage for emergency access and patrolling purposes • As specified under section 30-102 of the Village code subsection (g)(6) none of the permitted activities including the storage of any equipment shall be maintained or conducted within 15 (fifteen) feet of the waterline This applies to the placement of chairs and umbrellas as well • The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and for patrolling the beach BACKGROUND Ordinance 2005-5 amended the Zoning and Land Development Regulations contained in Chapter 30 of the Village code for the purpose of protecting the public beach areas and the public s right of access to the public beach areas within the jurisdictional limits of the Village The Village reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning The first reading was passed and adopted on April 26th 2005 and the second reading was passed and adopted on May 24th 2005 cc David M Wolpin, Esq Village Attorney Vest McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 1 1StiION STATEMENT TO 1 RO\ IDE A SAFE QUALITY COMMUNIT\ EN\ IRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GO\ ERNMENT www keybiscayne fl gov Department of Public Works 88 West McIntyre St , Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365-8945 • Fax (305) 365-!(bi' VILLAGE OF KEY BISCAYNE BEACH MANAGEMENT PLAN - PERMIT APPLICATION Name of Property Permit Number BMP-01 The Ritz -Carlton Hotel, Key Biscayne Street Address of Property 455 Grand Bay Drive, Key Biscayne, FL Legal Description Lot(s) Tract A of Grand Bay Resort and Residences, according to the Plat thereof, recorded in Plat Book 147, Page 23, of the Public Records of Miami -Dade County, Florida Less and except the "Condominium Lot", as defined in that certain Declaration of Covenants, Restrictions and Easements for Grand Bay Resort dated May 3, 2001, made by G B Hotel Partners, Ltd , a Florida limited partnership, and recorded on May 16, 2001 in Official Records Book 19670 at Page 3963 among the Public Records of Miami -Dade County, Florida Name of Applicant Address Phone No Name of Property Owner (if Different from Applicant) Address Phone No Mr Marco Selva, General Manager The Ritz -Carlton, Key Biscayne, FL 455 Grand Bay Drive, Key Biscayne, FL (305) 365-4183 GB/JT Hotel Partners, LLP 3250 Mary Street, Coconut Grove, FL (305) 445-4220 Proposed Hours of Operation Please see attached Proposed Area of Operations Please see attached Proposed Storage Area Location Please see attached Contents If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for Please see attached All Terrain Vehicle Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable, Number and Type of Proposed Non -Motorized Vessels1 Please see attached All applications must be accompanied by • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas, and where the use of Vessels is proposed, the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a "hurricane warning" by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327 02 F S maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the Village ) in, accordance with Section 30-102(f) of the Village Code of Ordinances, et 4.3 T fik (�` ce.Asj Lp (the ' Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death sustained by any person w homsoever which said claim demand, suit loss cost expense or damage arises out of or is incidental to or in any way connected with (1) Applicant s establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan (2) Village approval of Applicant's Beach Management Plan or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the Covenant ) This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant s establishment, use and/or operation of recreational acts` ities within the Go` ernment Use Zoning Distnct as specified in the appro\ ed Beach Management Plan, Applicant shall maintain the follow mg A Commercial general liability insurance for bodily injury death or property damage occasioned by any act 01 occurrence ansing out of or in connection with Applicant s establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan w ith minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $3 000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1 000 000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations contractual liability, and independent contractors This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage covering all vehicles owned leased, rented or otherwise hired or used by Applicant in association with Applicant s establishment use, and/or operation of recreational activities within the Go\ ernment Use Zoning District as specified in Applicant s Beach Management Plan The Village shall be named as an additional insured on this polic\ C Workers compensation and employer's liability, as required by Florida Statutes 3 Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the abo‘ e referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs at both the trial and appellate level 5 Applicant represents that Applicant has the full nght, title and authonty to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the `' day of it 2005 APPLICANT WITNESS 41, 11, eft J ) J B y Lp-- J Pr BY oL=.5a r 7' L Title �t., /�,.. S, Accepted by Village of Key Biscayie this day of , 2006 ILLAGE MANAGE ATTEST COI ,HITA ALVAREZ C fC A.1 AGE CLERK APPROVED AS TO FORM AND LEGAL S IENCY VILLAGE TTO F 1030(1 Age is Co t of 1 d mn Fc to d o THE RITZ ETON Hours of Operation Beach Equipment Hour Non -motorized vehicles and Water Equipment 10:00 5.00 a m — p.m Chairs, umbrellas, and, cabanas Sunrise to sunset THEE-CARL7oN Staffing Staff for the operation includes: • Beach Manager, and • Four (4) to Eight (8) staff members based on the number of transient and group guests THE RITZ CARLTON Beach Equip ent Beach Equipment for the operation includes the following: • Chairs • Umbrellas • Cabanas • Towels • Paddle Boats • Kayaks • Hobie Cats • Trampoline THE RITZ CAFLTO N4 Setback & Restrictions Beach Equipment will be set up with the following setbacks: • 15 feet from the waterline • 20 feet side setback from G rand Bay Club • 100 feet side setback from the Sands condominium • 5 feet from the dun es Restrictions: • Beach Equipment and activities will only occur in front of the Hotel in the areas designated in the attached site plan. • All equipment will be removed at sun down and stored in the areas identified on the attached site plan THE Razz-C.r. RIxo N 4 Motorized Vehicles Motorized vehicles for the operation include: • One (1) golf cart to assist in mov ing equipment, and replenishing items needed for daily business • One (1) John D eere tractor utilized to rake the beach each morning • One (1) wav erunner/jet ski to assist in emergency situations only. Note: • Golf cart is electric and requires no fueling. • Emergency waverunner and the tractor will be fueled off of the beach TFu RITZ RJT Non -Motorized Equipment Non- Motorized equipment for the operation includes: • Paddle Boats • Kayaks • Hobie Cats • Trampoline Note: • Only six (6) non -motorized watercraft will appear on the beach d uring hou rs of operation • The non -motorized vehicles will be operated through the proposed Ritz channel as identified on the attached site plan • The non -motorized vehicles will be marked in blue to represent the Ritz -Carlton Hotel, Key Biscayne • Non -motorized crafts will be stored off beach and in cove in the area identified on the attached site plan TTKFRazOtatTole Storage Locations All Beach Equipment will be stored in the areas identified on the attached site plan. Ti -m RITZ CARLTQN4 Emergency Procedures Please see the attached Emergency Plans for the following • Hurricane Watch • Hurricane Warning • Hurricane Evacuation THE RIC, R1 N4 Safety Plan In the ev ent of an emergency: 1. Staff will inform The Ritz -Carlton Loss Prevention department of the emergency, who will then call 911. 2. All staff is trained in both First Aid and CPR and will begin providing emergency care until rescue arrives. .1=3s -r - brae- cina)S „er vekicl u n hatis 04-operahm E!� atj''ya Gorthl rlet 3 %lOh `2�OO ale -Dyi COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the Village ) in accordance with Section 30-102(0 of the Village Code of Ordinances, 3 T 3j fc ( l' kf teAs Lp (the ' Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death sustained by any person whomsoever, which said claim, demand, suit, loss cost expense or damage arises out of or is incidental to or in any way connected with (1) Applicant s establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan, (2) Village approval of Applicant s Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management flan approval 2 Throughout Applicant's establishment, use and/or operation of recreational activities within the Government Use Zoning Distnct as specified in the approved Beach Management Plan, Applicant shall maintain the follow mg A Commercial general liability insurance for bodily injury death, or property damage occasioned by any act or occurrence ansing out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan, w ith minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $3 000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, pioducts'completed operations contractual liability, and independent contractors This policy shall Include coverage for contractual liability specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage covering all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant s establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan The Village shall be named as an additional insured on this polio C Workers compensation and employer s liability, as required by Florida Statutes nu' lu lh�-- 3 Simultaneously with its deli` ery of the executed Covenant Applicant shall deli\ er to the Village Manager certificates of insurance indicating that the abo` e referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authority to enter into this Coy enant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the . '" day of ))/t),t-r -2-e-i— 2005 APPLICANT WITNESS By i 1 1��y�lf ) By Title Accepted by Village of Key Biscayne this day of 2005 1 VILLAGE MANAGER ATTEST CONCHITA ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY F 1030(1 Ag net Co na tor! d m fc t d Certificate of Insurance This cesti icate is iamb' ai a man, ofinfo/ma0On only and csnfets nv rights upn the certificate heaer. This cerhlrcate ties not' amend, extend' or alter the coverage afforded by the policies below. oducer echer Carlson Insurance Services Inc 02 Summit Blvd Suite 900 anta GA 30319 Coverages Th s s to certify that the pol c es of insurarce I sled beio have been ssued to the surer' nam d to the eft and a r c a t me Notw thstand ng any equ rement erm or c ndi n of any ont a t o the d umer t h espec to h r may be ssued o may perta the ns anc aff ded b the pol c es d scr bed h re n s s tie t all e Ts condit ons of such pol cies sured rriott International Inc and Subsidiaries 400 Fernwood Road thesda MD 20817 n Dept 52/924 36 (Insurance) Type of Insurance Insurance Company DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES The Ritz Carlton Key Biscayne 415 Grand Bay Drive Key Biscayne FL 33149 Div/Unit# Beach Area Activities 73 R.5_9 Policy Number Effective Date Expiration Date Issue Date November 28. 2005 Limits mmercial General Liabili Jccurrence Form remises Operations 3roducts Completed Ops American Home Assurance Co GL 574 9b 51 10 1 05 10 1 06 $5 000 000 Location Aggregate $3 000 000 Produ ts,Comp Op t,yg $2 500 000 Each Occur en A ontractual L ability $ 500 000 Retention ndependent Contractors ,ersonal Injury 3road Form Prop Damage iquor Liability tomobile kabala omprehensive Form American Home MA CA 301 77 62 10 1 05 10 1 06 $2 000 000 Combined Single Limit aired Assurance Co TX CA 301 77 63 )wned VA CA 301 77 64 Von Owned All Others CA 301 77 61 cess Liabili Jmbrella Form National Union Fire BE 4484920 10 1 05 10 1 06 $8 000 000 Each Occurrence Insurance Company $8 000 000 Location Aggregate of Pittsburgh PA $100 000 000 Policy Aggregate )rkers Compensation (Self Insured States ess Workers Compensation National Union Fire NC XWC 661 04 51 10 1 05 10 1 06 Statutory Workers Compensa ion plovers Liability Insurance Company $1 500 000 Employers L ability (each accident) American Home All Others XWC 661 04 50 $500 000 Retention Assurance Co American Home NM XWC 661 04 52 Statutory Workers Compensation Assurance Co $1 750 000 Employers Liability (each accident) $250 000 Retention )rkers Compensation rkers Compensation plovers L ability American Home Assurance Co CA WC 661 04-48 10 1 05 10 1 06 Statutory $2 000 000 Workers Compensatirn Employers Liability (each accident) Insurance Company WI WC 661 04 49 State of Penn All Others WC 661 04-47 ecial Conditions Iditional Insured Village of Key Biscayne limited to beach activities ONLY Insured States rtificate Holder Village of Key Biscayne 85 West McIntyre Street Key Biscayne Florida 33149 Cancellation Should any of the above described policies be cancelled or materially changed before the expiration date thereof the issuing company will mail 60 days written notice to th Certificate Holder named to left Authorized Representative SEE REVERSE SIDE FOR DESIGNATION OF ADDITIONAL INSURED Fidelity National Title INSURANCE COMPANY of NEW YORK CO\I IITMENT NLTiI3ER- NT03-0556 NTS FILE No 03ATL1511 Revised October 31, 2003 SCHEDULE A 1 Effective Date September 6 2003 at 8 00 A M Pol cv or Policies to be issued (a) AL1 A Owner s Pol c y (10-17 92) Florida modifcarons (b) Proposed Insured JA'JLSI OWN Key Biscayne Partners a Georgia general partnership, and GB/JT Hotel Partners L P a Flonda limited partnership as their interest may appear ALTA Loan Policy (10 17 92) with Flonda modifications Proposed Insured N A 3 I'he estate or interest ir the land described or -eferenced to m th s commitment and covered 1,erein is Fee Simple and Easemert 4 Title to the Fee S -iple Estate or nterest ,s said land is at the effective date hereof vested in G 13 Hotel Partner, Ltd a Florida 1 anted partnership 5 The land referred to in this Commitment is described as s SEE ENI-1113IT 4' ATTACHED HERETO AND MADF A PART HEREOF Counters geed FIDELITY NATIONAL TITLE INSURANCE COMP ANY OF NEW YORK Authonzed Signatory CVS/jac FORM 26 083 66 A ALT -k CO\i\IIT\ ENT (1966) Fidelity National Title INSURANCE COMPANY OF NEW YORK CONIIIII 1 MENT L'11BER NTO3 0556 RtA ised October 31, 2003 Exhibit "A ' Legal Description P \RCF L I-1 FE F SrI A I E 'N ISFir FNu 03ATL1511 Tract A of GRAND BAY RESORT AND RESIDENCFS according to the Plat thereof recorded in Plat Book 147 page 23 of the Puelhc Records of Miami Dade County Florida leas and except he Condominium Lot as defined in that certain Declaration of Covenants Restrictions and Easements for Grand Bay Resor+ dated Ma} 3 2001 made b\. G B Hotel Partners Ltd a Honda 1 mited partnership end recorded on May 18 2001 in Official Record Book 19670 page 3963 among the Public Records of Miami Dade County Flonda P 4RCEL II — FEF EST VI I The Commercial Unit as defined in the DECLARAJ ION OF G B RESORT CONDOMINIUM HOTEL made by G B Hotel Pai tiers Ltd a Flonda limited par tiiership dated May 3 2001 and recorded on May 18 2001 m Official Record Book 19670 at page 4016 among the Public Records of Miami Dade County Honda PARCEL 1JI — EASEMENT ESTATE Non exclasive easement nghts as set forth and more particularly described n that Master Covenants for Grand Bay Resort and Residences by A W L Ke} Associates a Flonda general partnership dated June 30 1995 recorded Jul} 3 1995 n Official Record Book 16837 page 54 as amended by instn..r'ent(s) recorded ir Offc al Record Boo. 16858 page 2435 and Supplemental Declaration thereto recorded March 3 i 999 in Official Record Book 18501 page 4502 and as further amended by Certificate or Amendment to Design Gu delires for Grand Bay Resort and Resider ces recorded July 21, 2000 in Official Record Book 19206 page 228 as assigned by '\ W L Key 'associates to G B Hotel Partners Ltd by instrument recorded Jul} 23 1998 in Official Record Book 18200 page 4200 and as affected b} Tern nation of Article XLX of Master Covenants for Grand Ba} Resor` and Residences recorded Septcmbe- 27 1999 in Official Record Book 18796 page 4312 in the Puolrc Records of Miami Dade County Honda PARCEL TV — EASEMENT ESTATE N,on exclus e easement nghts as set forth and more partrc.alarly described n mat Declaration of Covenarts Restrictions and Easements for Grand Bay Resort by G B Hotel Partners Ltd a Flonda 1 nu ed partnership dated May 3 2001 recorded May 18 2001 in Official Record Book 19670 page 3963 of the Public Records of Miami Dade County Flonda FOFZM 26 083 66 A ALI CON \IITMENT (19(6) The Ritz -Carlton Beach Management Hurricane Evacuation Program Action Requirement Check Stack Chairs and move to safe shelter within the hotel (Best done over two days in stages) Equipment Golf Cart Staff Members Three (3) (One person stacking on beach two people transporting) Time 4 hours Transport anchors and umbrellas to safe storage under the hotel Equipment Golf Cart Staff Members Two (2) Time 1 hour Drop masts, secure and tie sailboats under hotel Equipment Tractor & Sailboat dolly Staff Members Three (3) Time 2 hours Move emergency vehicles to tennis center Equipment Golf cart Staff Members Two (2) Time 1 hour Move bicycles to bell stand or similar storage Staff Members Four (4) Time 15 minutes Move sails and life jackets to the Ritz Kids Room Equipment Golf Cart Staff Members Two (2) Time 10 minutes Move cabanas to storage Equipment Tractor Staff Members Three Time 2 hours Move flags to storage Towel hut to be emptied Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move gas/ oil containers to shed by tennis center Equipment Golf Cart Staff Members One (1) Time 20 minutes Move furniture to storage Equipment Tractor Staff Members Three (3) Time 45 minutes Contact engineering to disconnect the phone etc Tractor to be filled with diesel and put in high car park Give key to Hotel Manager Staff Members One (1) 10 minutes Ensure all bins are locked Move the large coolers to the storage shed by the tennis courts Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move Golf Cart to storage in the hotel and place on charger The Ritz -Carlton Beach Mahagemeit Hurricane Warning Program Action Requirement Check Stack chairs Staff Members Two (2) Time 2 hours Transport anchors and umbrellas to safe storage under the hotel Equipment Golf Cart Staff Members Two (2) Time 1 hour Drop and secure boat masts Staff Members Two (2) Time 30 minutes Move emergency vehicles under hotel Equipment Golf cart Staff Members Two (2) Time 1 hour Move bicycles to garage Equipment Golf cart Staff Members Four (4) Time 15 minutes Move sails and life jackets to the Ritz Kids Room Equipment Golf Cart Staff Members Two (2) Time 10 minutes Move cabanas to storage Equipment Tractor Staff Members Three Time 2 hours Move flags to storage Empty towel hut Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move gas/ oil containers to shed by tennis center Equipment Golf Cart Staff Members One (1) Time 20 minutes Move furniture to storage Equipment Tractor Staff Members Three (3) Time 45 minutes Tractor to be filled with diesel and put in high car park Give key to tennis center Staff Members One (1) 10 minutes Ensure all bins are locked Move the large coolers to the storage shed by the tennis courts Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move Golf Cart to storage in the hotel and place on charger Staff Members One (1) Time 15 minutes . to The Ritz -Carlton Beach Management Hurricane Watch Program Action Requirement Check Stack chairs Staff Members Two (2) Time 2 hours Organize anchors and umbrellas Staff Members Two (2) Time 30 minutes Secure sailboats Staff Members One (1) Time 15 minutes Secure emergency vehicles Staff Members One (1) Time 15 minutes Move bicycles to garage Equipment Golf Cart Staff Members Two (2) Time 15 minutes Store sails and lifejackets in bins Staff Members One (1) Time 15 minutes Secure cabanas Staff Members One (1) Time 15 minutes Store flags Staff Members One (1) Time 15 minutes Secure gas and oil Staff Members One (1) Time 15 minutes Secure hut furniture Staff Members One (1) Time 15 minutes Fill tractor with diesel Staff Members One (1) Time 15 minutes Ensure all bins are locked Move large Coolers to storage shed by tennis center Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move Golf Cart to storage in the shed and put on charger Staff Members One (1) Time 15 minutes J:......, .. I ti :,flt -ail Qlfll(r RESOLUTION NO 2006-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT, PROVIDING FOR CONDITIONS, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Flonda, recreational activities are permitted within the Government Use Distnct upon approval of a Beach Management Plan by the Village Council, and WHEREAS, the applicant, Grand Club Partners, located at 425 Grand Bay Drive North, Key Biscayne, Flonda has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use District for approval by Village Council, and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard, and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2. Approval of Beach Management Plan. In accordance with Section 30-102 of the Village Code, the Village Council hereby authonzes and approves the Beach Management Plan, attached and incorporated herein Section 3 Conditions. The Beach Management Plan as approved, is subject to the following conditions (1) Dunng storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet (2) Non-motonzed or motonzed vessels shall not be used for the purpose of transporting passengers to or from the beach for the off -island use of motorized vessels (3) Except for the authonzed emergency rescue vessel, the use of motonzed vessels is absolutely prohibited (4) The emergency rescue vessel shall be used solely for emergency rescue purposes and shall not be used to transport passengers or equipment to and from the beach for the purpose of assisting any non-motonzed vessel/water equipment rental operation(s) (5) The emergency rescue vessel shall have a four stroke engine or the best available technology, be equipped with an operational marine radio or wireless phone, and shall satisfy all U S Coast Guard safety requirements (6) Dunng permitted hours of operation the emergency rescue vessel shall be moored in the water or located at a site approved by the Village Public Works Director (7) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterline The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol 2 (8) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach Management Plan approval Section 4 Implementation, That the Village Manager is hereby authonzed to take any action which is necessary to implement this Resolution Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May, 2006 7/42‘44at t•--, MAYOR ROBERT OLDAKOWSKI iv° CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE i\4(7)7'1 ,r-tri--n VILLAGE ATTORNEY F \ 100\ 103001 \Resolutions\Resolution Approving Beach Management Plan Ritz doc 3 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez DATE May 16, 2006 TO H n • able - y_o_01, embers of the Village Council F.. FROM J • ue "'IVIe , Village Manager RE each Management Plan — The Grand Bay Club Key Biscayne RECOMMENDATION It is recommended that the Village Council approve the Beach Management Plan, submitted by The Grand Bay Club, with the following conditions 1 Non -motorized vehicles and water equipment operation • As specified under section 30-102 of the Village code subsection (e)(2) the use of motorized vessels is absolutely prohibited, except for an authorized rescue vessel approved under subsection (g)(9) The use of any other motorized watercraft is not allowed • The use of this one motorized rescue vessel should not be used to assist the non -motorized vehicle and water equipment operation in regards to transporting people or towing equipment to and from the beach • As specified under section 30-102 of the Village code subsection (g)(9) this one vessel shall have a four stroke engine or best available technology be equipped with an operational marine radio or wireless phone and shall satisfy all U S Coast Guard safety requirements 2 Clear passage for emergency access and patrolling purposes • As specified under section 30-102 of the Village code subsection (g)(6) none of the permitted activities including the storage of any equipment shall be maintained or conducted within 15 (fifteen) feet of the waterline This applies to the placement of chairs and umbrellas as well • The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and for patrolling the beach BACKGROUND Ordinance 2005 5 amended the Zoning and Land Development Regulations contained in Chapter 30 of the Village code for the purpose of protecting the public beach areas and the public s right of access to the public beach areas within the jurisdictional limits of the Village The Village reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning The first reading was passed and adopted on April 26th 2005 and the second reading was passed and adopted on May 24th 2005 cc David M Wolpin Esq Village Attorney 88 West McIntS re Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MIISSION STkTEMEI\T TO I RO\ IDE A SgFE QUALIT). COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybzscayne fl gov Department of Public Works 88 West McIntyre St , Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365 8945 • Fax (305) 365 7757 VILLAGE OF KEY BISCAYNE BEACH MANAGEMENT PLAN - PERMIT APPLICATION Name of Property Street Address of Property Legal Description Lot(s) Name of Applicant Address Phone No Name of Property Owner (if Different from Applicant) Address Phone No Proposed Hours of Operation Proposed Area of Operations Proposed Storage Area Location Contents Permit Number BMP-02 Grand Bay Club 425 Grand Bay Drive North Grand Club Partners 425 Grand Bay Drive North, Key Biscayne, FL 33149 305-361-2900 Same Same Same Sunset to Sundown Beach Front — in front of dunes Chaise Lounges, umbrellas, non -motorized vessels, inflatables, one rescue personal watercraft If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for N/A All Terrain Vehicle Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable, Number and Type of Proposed Non -Motorized Vessels' 20 Non -Motorized Vessels All applications must be accompanied by • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas, and where the use of Vessels is proposed, the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a hurricane warning" by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327 02 F S maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(0 of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold haiiiiless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Apphcant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following A Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations, contractual habihty, and independent contractors This policy shall include coverage for contractual habihty specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage, covenng all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's liability, as required by Florida Statutes 3 Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authonty to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the ©9/ day of /ka , 2006 APPLICANT WITNES S By ! a CCc'2 0 Ai/P07 .4,/a/ eecac /2O r 1 J- CVl2 464 o2L By CcD � n -� �('� 5- ���cfrri � D- v Title - , Accepted by the Village of Key Biscayne, Flonda this day of , 2006 LLAGE MANAG ATTEST APPROVED AS TO FORM VILLAG AT . O EY AND LEGAL` FICIENCY F \103001\Agreements\Covenant of Indemnification doc April -1'd 2006 Village of Key flimayrie 1 Manna Donunguez-HardlL Assistant to the Director g8 West McIntyre Street Key, Rtscam, FL 13149 Re leach Managemelit Plan Site Mar liar thc, pl-tcement qnd storage cit. (rand equtpment Dear Ms Dominguez -Hardie Belov, find a (lciatird dr s nption of tht setup and stcurage locatauts of all equIptnerii ocoil Grand Bay Club on the public beach arca ▪ 1 pratrnai rravitortrr;d rescue m rtercraft is part ee behind tht eiosioti hoe within tli.- Grand Fla} C ltah Propcitir at all tines 1 F to 20 non-motarizcd NE. ait..i'i as Arm test r3t he srr1 c n lane (storage area marl. ed. in t1n n a (irj t l a1taichrd map) • 109 lounge chairs and 30 umbrclia$ are up tor 67ur rtierribLrti- 'from ,unn't is sunv.t irn till. 14uhiru beat .ire (Enarl,eJ v,it1t ,11s1 attmkhc l 1 tte113tc site mapi A,ftcr sunset slit 1r}�n ►4 (,1-1 'Firs rare st a .kcii tip \Nathan fee t cif the ciosaon lane (vothin the area r larked Gran c nn th . nap attached) IAA art_ k,trFreil on Grind Bd., Club c plopert-th Mast don r h slttatc to contat,t Lather l ltlroni at ('1O5) 1647, 4 Olii air '419 trt-taat I t grandhairti,l ells i It net t ii '4ou need turth .r Er, .tats the sn ink 'Montlut Les anc L.)irectui of Aetn sties En( E we use this public beach area to set up 100 lounge chars and 30 beach umbrellas Y „ Jor our &embers COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(0 of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Apphcant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following A Commercial general habihty insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage, covenng all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's liability, as required by Flonda Statutes 3 Simultaneously with its delivery of the executed Covenant, Apphcant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation ansing out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authority to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the 0(7 day of atC , 2006 APPLICANT CALS 7 1 L)ct WITNES S B/ C Cce0 4);-2ik'a X e. ect/i0 BY ki-e � C A a_ re Title Tom, o,,,(4 ACORDrh CERTIFICATE OF LIABIL Y INSURANCE DATE(MM/DD/YYYY) 03/09/06 PRODUCER 1 305 592 6080 Arthur J Gallagher Risk Management Services Arthur J Gallagher & Co (Florida) 8200 N W 4lat Street Suite 200 Miami FL 33166 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Grand Bay Club 425 Grand Bay Drive Key Biscayne FL 33149 INSURER A.American Guarantee & Liability Ins Co INSURERS Bridgefield Emplyers Ins Co INSURER Lexington Ins Co 19437 INSURERD INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADD L NSRD TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATEJMMIDDIYY) POLICY EXPIRATION DATELMMIDD/YYI LIMITS C GENERALUABILITY COMMERCIAL GENERAL LIABILITY 2897738 02/01/06 02/01/07 EACH OCCURRENCE $1 000 000 X O DAMAGE PREEMIMI SRENTED PREMISES (RENTED occurence) $ 50 000 CLAIMS MADE X OCCUR MED EXP (Anyone person) $ Excluded X $5 000 Ded Each Claim PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $ 2 000 000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $2 000 000 PR POLICY JECT LOC AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESS/UMBRELLA LIABILITY AUC3748620 04 02/01/06 02/01/07 EACH OCCURRENCE $ 25 000 000 X OCCUR CLAIMS MADE AGGREGATE $ 25 000 000 DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE INCL OFFICER/MEMBER EXCLUDED? EXCL If yes descnbe under SPECIAL PROVISIONS below 830 33454 01/31/06 01/31/07 X TORYLIIMITs OTH E L EACH ACCIDENT $ 1 000 000 E L DISEASE EA EMPLOYEE $ 1 000 000 E L DISEASE POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Village of Key Biscayne is additional insured solely as respect to general liabilty CERTIFICATE HOLDER CANCELLATION Village of Key Biscayne 88 West McIntyre Street Key Biscayne FL 33149 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATNES AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) vIRGOM 4055082 Powered BYCertrficatesNowTM ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED Grand Bay Club DATE 03/09/06 Additional Description of Operations/Remarks from Page 1 Additional Information A)General Liability Liquor Liability $1 000 000 each common occurrence $1 000 000 aggregate Hired/Non Owned Auto $1 000 000 Employee Benefits Liability $1 000 000 Each Occurrence $1 000 000 Aggregate @ $1 000 Deductible SUPP (05/04) I This instrument prepared by Name Jul,c M Schwartz Lsq Address Grccnbcrg Traurit, Hoffman Lipoff Rosen & Qucnicl P A I'121 Drickcll A'.cnuc M,amt Florida 33111 Parcel I D tl 24 5205 046 0040 R>Ft I1S95fc0409 97R1.53775 1997 APR 09 11 53 DOCSTPDEE 45►000 00 SURTX 331750 00 HARVEY RUVDN, CLERK DADE COUNTY, FL SPECIAL WARRANTY DFED THIS INDENTURE is made this tiday of April 1997 between AWI KFY ASSOCI tTFS a Florida general partnership ( Grantor ) whose mailing address is 3250 Mary Strcct 5th Floor Miami Florida 33133 and GRAND CLUB PARTNERS A FI ORIDA GENERAL PARTNFRSHIP ("Grantee ) whose mailing address is 3250 Mary Strcct 5' Floor Miami Florida 33133 and whose tax identification number is GRANTOR for and in consideration of the sum of TEN AND NO/100 DOI 1 ARS (S10 00) to the Grantor in hand paid by thc Grantee and other good and valuable consideration the receipt whereof is hcrcby acknowlcdbcd has granted bargained and sold and hereby grants bargains sells and conveys to thc Grantee and thc Grantees surccssors and assi ,ns forcccr the following dcscnhcd land situate lying and being in Dade County flonda Tract D of GRAND BAY RESORTS AND RESIDENCES a subdivision according to thc Plat thereof recorded in Plat Book 147 Pagc 23 of thc Public Rccords of Dade County Florida SUBJECT TO 1997 rcal cstatc taxes matters which would be disclosed by an accurate survey of said land apphcablc zoning ordinances and conditions restrictions cascmcnts and other maltcrs of rccord which arc not reimposed by this instrument GRANTOR SPECIALLY WARRANTS thc talc to satd land and will dcfcnd the same against thc lawful claims of all persons claiming by throubh or undcr Grantor but against none other The undersigned comprise all of the gcncral partners of Grantor IN WITNESS WHERLOI Grantor has caused this instrument to be stbncd by its duly authorized gcncral partners thc day and year first above written rscrtwArmis 37Ir1cn,jO), DOG4KOfro7 IP %J. �.f r,. t1• t -?iuY�M t4 V 1•'ti2%a�''�iG.�f 2'�sa R ,, t4 : — Ric I7595rC04I0 Signed scaled and delivered in the presence of these n itncsses Witness l Print Name' ,rr,r, S—feueI STATE OF FLORIDA COUNTY OF DADE AWI KEY ASSOCIATES a Florida general partnership BY W/L KEY CORI a Florida corporation General Parincr By Name Title Peqer 511 ( [CORPORATE SFAL) BY ALPHA HOLDINGS INC a Florida corpor e 1 Partner By � Name Ralph Dcscns Title President [CORPORATE SEAT The forcbotng instrument was ackn wlcd cd bcforc me this 3rd day of April 1997 by (, go(t/ %%ii (ice as �/ Utz-s�� i WI of W/L KEY CORP a Florida corporation which is a general partner if( AWL KLY ASSOCIATES a Florida general part h chalf of the corporation and the partnership He personally appeared bcforc me and is crsonally� to me or produced a dnvcr s license as identification [NOTARIAL SEAL] UFf1CIAL NOTAXY SEM JOAN F S ISAK NOTARY PUBLIC STATE OF FLOXIDA COMMISSION NO CC427685 11Y COMMISSION FYI DFC 25,1998 4C1IWA*TZ11f 5JI' y4) t00c w Notary Print amc / .7064 F Notary u he State of Florida My commission expires The foregoing instrument was acknowlcd6cd hcfore mc this 3rd day of Apnl 1997 by RAI P11 E DESENS as President of ALPHA HOLDINGS INC a Honda corporation which is a bcncral partner in AWL KEY ASSOCIATES a Florida 6cneral partnership on behalf of the corporation and the partnership Ile personally appeared before me and is personally known to mc or produced a drier license as identification Notary CLtLu-'J- Pnnt imc J »w Notary Public State of Florida My commission expires OFFICIAL \UTAKY 5F AI 10A\ F 5'1SAK \OTAKY 11,131 IC \O TEO 42/68, F Fl I)� M 1ISSIO my coN.t\tlSSl( ' FxP t)FC 2 I N REC 17595°10412 This instrument prepared by Name Julio M Schwartz Esq Addross Greenberg Traung Hoffman Lrpofl Roson & Quentei P A 1221 Backell Avenue Miami Florida 33131 PARTNERSHIP AFFIDAVIT STATE OF FLORIDA ) ss COUNTY OF DADE VB F9Q�RE ME tie undersigned authority personally appeared the undersigned e f7/ '4 � 1(t -1� and Ralph E Desens (Afilants ) who being first duly sworn depose and say 1 i.V 4(/ P'b <<^) is the Si U'�' of W/L Key Corp a Flonda corporation ( W/L KEY) and Desens is tile President of Alpha Holdings Inc a Fionda corporation ( Alpha ) which corporations are the sole general partners of AWL Key Associates a Florida general partnership (the Partnership ) W/L Key and Alpha are sometimes collectively referred to herein as the Partners Affiants are duly authorized to and do make this Partnership Affidavit in said representative capacity on behalf of the Partners and the Partnership 2 The Partnership is currently in existence under a valid partnership agreement The Partnership is the owner in fee simple and is now in possession of that certain real property situate and being in Dade County Flonda more particularly described on Exhibit A attached hereto and by this reference incorporated herein (the Property ) 3 The Partners are the sole general partners of the Partnership The Partners are hereby authorized and directed on their own behalf and on behalf of the Partnership to execute and deliver all documents and other instruments as may be necessary or required in order to convey title to the Property to Grand Club Partners a Flonda general partnership ( Purchaser") including without limitation such agreements amendments to purchase and sale agreements deeds assignments bills of sale affidavits closing statements and such other instruments and documents as may be necessary or required in order to consummate the conveyance all of which shall contain such terms and conditions as the Partners shall determine to be in the best interest of the Partnership with the signature of any officer of the Partners to be conclusive evidence of such determination and of the authority of the Partners to execute and deliver the same SCHWARTZJi0S754Yi9n02 DOC/ AY97 .�� �: �� j t'�r•S •f' r ��`� �.t:1 '�: 'S' • I•... %• r • rr��{• �:'• ,�••� Sl. ` r {.� . " .:.il:r'" .54 is IT595PC04I 3 4 Neither the Partnership nor either of the Partners have been debtors in a bankruptcy proceeding during the existence of the Partnership Neither of the Partners have been dissolved 5 The Affiants make this Partnership Affidavit on behalf of the Partnership in order to induce (a) Purchaser to purchase the Property and (b) Lawyers Title Insurance Company and its agents to issue a title insurance policy insuring Purchasers interests in the Property 6 Thi, Partnership Affidavit is made by Affiants in the aforesaid representative capacities solely as the act and on behalf of the Partnership and W/L Key and Alpha and the Affiants shall have no personal liability arising from this Partnership Affidavit nor shall any resort be had to any of Affiants personal assets on account hereof /r fri 1 �� l (1 5/Q I/�� of W/L Key Corp a ida corporation of t LPH E DESENS President of Alpha Holdings Inc a Florida corporation SWORN TO SUBSCRIBED AND ACKNOWLEDGED before me this 5 `4 day of 1997 by ti �%��7ti" 'Emt-iNc, as ' rn of W/L KEY CORP a Flonda corporation the general partner of AWL KEY ASSOCIA ES. a Flonda general partnership on behalf of such corporations and partnership He is ersonally knowDi to me or has produced as identification `��-_ [NOTARIAL SEAL] I7I(.1 \I \OTAKY SI-Al JOAN F SIISAK 1 \KY PUBI IC STATE Ui 1-1 (KID OM\415510\ NO CC42 68) 1 MMISSI0\ FXP OFC 2 1 Q4 Name TC/W r 5 P) s.rl A -- Notary Public State of Florida My Commission Expires ' >-/ S 1/ S ORN TO SUBSCRIBED AND ACKNOWLEDGED before me this 314 day of 1997 by RALPH E DESENS as President of ALPHA HOLDINGS INC a Flo �%da .rporation the general partner of AWL KEY ASSOCIATES, a Flonda general partnership on behalf of such corporations and partnership He is ersonally known o me or has produced as identification [NOTARIAL SEAL] 01 H( IAI \MAR\ (4 -Al )()\\ i 511SAK \OTAKt 1 1,111 IC STATE OF 1-1 OKII)A (0\4\1I \1I ION NO CC4rm, my( 0\1 In\ Irl 1)1C 2 1oN SGHWART I-y!S2S454 9tt021 DOC) FJ3/ T 1T 2 Name -3-014 ) F 5p/s>aW-- Notary Public State of Florida My Commission Expires 'yf > l i b "V. 'rte. :" " " ' _:1.: ��.F .y�� L-:��:" �� 4��" i " " l R� 17595120414 EXHIBIT A Legal QQscnption Tract D of GRAND BAY RESORT AND RESIDENCES a subdrvrsron according to the plat thereof recorded in Plat Book 147 Page 23 of the Public Records of Dade County Honda r " ,," .4.. i tkcoHOS 000+, afGM G��pN-, 7l A of HAo( r��RGUIT COURT Cr STATE OF FLORIDA COUNTY OF DADE 1 UER BY CERTIFY that the foregoing is o rj��f py HIand correct of cngrnof on file in this office ��v% �� AD 20 HARVEY RUVIN CLERK of rcuit and Coun Deputy Clerk SCNWARTZY8S2$454 tt021 DOC-44197 ' ._._ls. __us_. yr CLUB TOWER CONDOMINIUM 2005 HURRICANE PREPARATION PLAN 8 d 88ti8 °N d3MO1 8 10 Ad08 8 900 9l u,r «'r:1TlIER WORDS You SHOULD KNOW 1 Atmospheric Pressure- this is the weight of the ciir (going all the way unto the edge of the atmosphere) on any given point on the ground It is measured with an instrument called a barometer 2 Eye Wall- this is the area around the hurricanes eye where its strongest winds are 3 Evacuation Orders- this signals that a storm threatens your immediate, area Local and State governments take this action to allow residents as much time as possible to get of danger evacuation orders are desigmed to clear residents from dangcious areas by the time tropical storm force winds arrive, not by the aiiival of the eye of the storm 4 High- "Highs" happen when cool aft, chilled by nights and the seasons of the earth, condenses and sinks Generally high pi essures mean good weather 5 Hurricane- llus intense tropical weathei system has sustained winch speeds of 74 mph or higher 6 Fturrtcanc Warning- Indicates that hurricane conditions are expected in a specified area within 24 hours and your preparations should be complete if you aie evacuating, you should be on the way to you' evacuation site 7 Hurricane Watch- indicates that hurricane conditions are possible in a specified area within 36 hours 8 Local State of Emergency- this is when the county hegms mobilising to protect lives and property it's also the time to start putting your own Hurricane Plan into action 9 Low- this is the complete opposite of a "High" It happens when the sunlight or the seasons warm the au, which then expands and rises, often this means stomly weather 10 Ridge- An elongated area, usually oval shaped, iii high pressure 11 Storm Surge- This large wall of wafer builds up as a hurneane moves over the ocean and can produce flooding up to 20 feet deep in places and affect mole than 100 miles of coastlme Evacuation zones ale identified by their likelihood of being flooded by the rising watci 12 Tropical Storm Warning- liopical Storm conditions arc expected in a specified area within 24 hours 13 Tropical Storm Watch- I ropical Storm conditions are, possible in a specified ale,a within 16 hours 1 d CC °N f3M01 8010 M OE 9002 9L upr 14 Trough- An elongated area of low pressure 15 Tropical Depression- a complete low-pressure circulation with winds up to 38 mph 16 Tropical Disturbance- An area of thunderstorms in the tropics that keeps its identity for 24 hours or more 17 Tropical Storms- these organized systems of strong thunderstorms have sustained winds from 30 to 73nzph Tropical Storms are dangerous and can quickly develop into hurricanes 18 Warm and Cold. Fronts- Picture a mass or warns air sitting over us in the wintei A bunch cal cold cur blows m from Alaska The zone where the cold meets the warm is called a #nont When the cold air is pushing the warm air away, it is called a cold front and vice versa 19 Vapor Loop- Mc.assurL tire, waEcr vapor m c.icar not cloudy art TIKAL give (oruc,astc,rs a puc.turc, al air current., that will help steer a hurricane ALL ABOUT HURRICANES Hurricanes are strong and dangerous storms that should be taken very seriously as they create a great threat to pi operty and life The Hurricane Season in South Florida begins June 1 through November 306 Hurricanes are categorized by strength accordtng to then wind spccd • Category One • Category Two • Category 1 h rc e • Category Foul • Category Five Winds of 74 mph to 95 mph Winds of 96 mph to 110 mph Winds of 110 mph to 130 mph Winds of 135 mph to 155 mph Winds of 155 mph or greater The higher the category of a Hurricane, the mot e damage that will Icsult Category One STORM SURGE 4-5 FEET ABOVE NORMAL. No real damage to building structures Damage primarily to unandiored mobile homes, shrubbery and trees, also, some coastal road flooding and minor pier damage 2 5 d 88 8 °N HM01 8010 Wd08 8 9002 9 uer Category Two STORM SURGE 6-8 FEET ABOVE NORMAL Some roof damage Door and window damage to buildings Considerable damage to vegetation, mobile homes and pieis Coastal and low-lying escape routes flood 2-4 hours before arrival of center Small craft in unprotected anchorage will break moorings Category Three STORM SURGE 9-12 FEET ABOVE NORMAL. Somc structural damage to small residences and utility buildings with a minor amount oC curtain wall failures Mobile homes are destroyed Flooding near the coast damages smaller structures with laigc structures damaged by floating debris Terrain continuously lower than 5 feet above sea level may be flooded inland as far as 6 miles Category Four STORM SURGE 13.48 FEET ABOVE NORMAL. More extensive curtain wall failures with some complete toot` structure failures on some small residences Major erosion in beach areas Major damage to lower floors of k►tructuies new the shore Terrain continuously lower than 10 feet above sea level may be flooded requiring massive evacuation of residential area inland as far as 6 miles Category_. ±,v STORM SEIRGF; GREATER THAN 18 FEET ABOVE NORMAL Complete root failure on many residences and industrial buildings Some complete building failures with small utility buildings blown ovei or away Major damage to lower floors of all structures located less than 15 feet above sea level and within 50 yards of the shoi eline Massive evacuation of i esidential areas on low ground within 5 - 10 miles of the shoreline may be required Before a storm strikes there are two official types of warnings 1. A "huri wane watch' means a hurricane may strike an area within 24-48 hours 2. A "hurricane warning" means a hurricane is expected to sink in 24 hours at less BFFORF THE HURRICANE OF THE SEASON NOW You Should Have on Hand. • At least a seven-day supply of bottled water (seven bottles per person) and canned food that can be eaten without iefiigeration (be sure to have a manual can opener on hand) • At least two 6 -volt flashlights on hand (Do not use candles This may cause a fire and cincrgency crews may not be able to piovide assistance) Have extra batteries available. 3 9 d EDG °N flA01 8013 MOE E 9006 9l upr " A fully stocked First Aid kit " A fire extinguisher " A battery powered portable radio and extra batteries " A supply of masking or duct tape " A gallon of bleach " In the event you are going to be out of town during the hurricane season, make arrangements with a friend, relative of neighbor to remove all items from your balcony and/or secure youi hurricranc shutters If the Association's employees perform any closure or removal of items from balconies or terraces of the Unit, a charge of $250 00 will be billed to the Unit Owner to offsc,t the incremental cost incurred by the Association, however, the AssoGiatioti has no obligation to undertake such action, and any such action will be at the Association's sole and complete disc.rcrtion " The Association's einployc.c.s will not be responsible for moving youi vehicle, from its original plac,c. (Make arrangements to paik your vehicles ID the upper parking lot if you are parked downstairs) For bt,ttc,r protection, you may want to make arrangements to park your (sat. 10 a closed garage or other shelter (during Hurricane Andrew vehicles were thrown about the upper parking lot like, toys) " Insurance coverage  If you have insurance, find your policry and make sure coverage is adequate (seek advice from your agent) You should consider videotaping your apartment to includcr &cor items, leweliy, collectibles, etc If you do not have insuianc.cr, obtain coverage now before it's too late! Once a storm passes a certain coordinate as determined by individual insuranc,c, crompantes, coverage may not be available If you do not have insurance we urge you to do so now EvACLTA TTON Club Tower Condominium is located in a mandatory uvac1uation zone due to its close proximity to the ocean In the event that local authorities call for the evacuation of the building, all residents are urged to do so An Evacuation Oidcx means that li fe- threatening conditions on, possible in your area very soon Do not try and second-guess the people whose job it is to know where is safe and where is not You will not be ordered to evacuate unless there is a real threat to youi well being, or you might bec,omc- stranded where help could not reach you Move out AS SOON AS POSSIBLL a.ftcir the order is given A high-rise building such as the Club Towers is subject to special concerns during a hurricane 4 L d EE18 �N 1 MO1 801D WdlE E 9002 9 Lrq " There is a,dramatic increase m wind speed the higher you go above ground level in a high-rise J he wind speed on the 3rd floor may be 110 mph, while on the 12 floor it can he 130 mph " During a humane electric power may bc- lost which means there will be no elevators, no water and no light (except for emergency lights in the corridors, lobby, service area and stairwells) " There will be at least one Llevalor per core (service) as long as thc, fuel last for the generator system " Should there be a storm surge, the first flooi could bu underwater providing no possibility of access in or out of the building " Should thci c, kn., a file or other emergency situation, emc igc.nc,y clews will not be able to respond during or immediately aftcr thcd storrn You risk being tapped with little or no assistance When a Hurricane watch is issued, that is the time to begin making preparations to evacuate. When a Hurricane warning is issued and an evacuation order is given, proceed immediately to a re -determined shelter or other inland, non -coastal area Delays could cost you valuable time and possibly yourlife " Listen to local radio or tc.lc,vision stations for up-to-date national weather service advisories, as well as any special instructions trom local authoiities We advise, that you have a small battery operated TV or radio with spalc batteries " Under Honda law, Key Biscayne MIDST be evacuated for any huilicanc. " Lvacuatcr immediately when the older is issued Theie is no season to watt Avoid the danger of traffic jams and rising water ONLINE Sf1'ES PROVIDE vs/LATHER iNFORIVIATTC)N 1 http" //www herald com/hurricane - Miami Heiald HuiiicanePieparation Page, 2 http I/www nhc noaa gov - National Huiricane Ce'nte'r 3 http //www nbc6 net - NBC 6 Holnc, Page 4 http //s unsentrnel.r,omIstorrx - Sun -Sentinel Hurricane Preparation Page 5 http //www inmoe navy mil - U S Navy 6 http I/www nws noaa gov - National Weather Service Home Page 5 8 d 8818 �N d3M01 8r10 AdlB 8 9002 9l u?r BEFORE, YOU EVACUATE • Remove all items, i e plants, furniture, etc from your balcony (These items can become destructive and deadly airborne missiles) • Sequa e all h cirri cane shutters • Secure all your windows and sliding glass doors Pull down all blinds and close drapes, etc Place several towels inside the sliding glass door tracks and along the bottom of bedroom windows in the event there is water seepage • Turn off all electric, power to your unit (flip the breakers in the eleeti is panel to the off position) except for the refs igeratol (tuin the thermostat to the highest setting) Place plastic bottles hill of water in the frceni • Place all necessary medical supplies and medications its a plastic bag or other watertight container Be sure to have extia medication 30 -day supply • Obtain extra money to have on hand (ATM's and banks may not be operating after the storm) • Place all-important documents in a plastic bag or other watertight container or place them m a safe deposit box • Clean your bath tub/s with bleach and fill them with water (make sure to shut off the faucet completely) Place plumbers putty around the dlaln for a 100% seal Be sure to have extra food and medication foi your pets • Fill your vehicle's tank with gas PEOPLE WITH SPECIAL NEEDS South Florida has a large population that falls into the category of "People With Special Needs" Hurricanes arc especially difficult and stressful for these people because, often, just moving from one place to another is strenuous People that are frail, elderly, or handicapped and will need assistance in evacuating should Rh'GJS [FR NOW with Miami -Dade County Fineigcney Management Office at (305) 273-6700 or fill out an application for evacuation assistance at the Village Clerks Offlee or the Village Manager's Office If you have any questions, call the "Special Needs Registry" at (305) 273-6790 and make your plans in advance 1 Plan on taking care of yourself without elects >etty Remember that the electrical conveniences that you count on for small things may be tempoiarily unavailable 2 It you are elderly, flail, or handicapped and have fiicnds or relatives that can help you with your property, housing, and welfare, contact them NOW so that you ale part of their hurricane plan 3 Make a list of any prescribed medication 6 6 d 88b8 °N d3M01 Ad l8 9002 9l ver 1 4 If you normally have help preparing your food, be sure that your food supply is transferred to smaller, lighter containers that you can open on your own 5 If you will be staying elsewhere during the storm, discuss when you will be picked up Allow time to gather the items you need to take along 6 If you are in a battery -operated wheelchair, transfer to a manual wheelchair before the stoim You may not be able to recharge the battery 7 II you normally need help with transportation or other needs from social service agencies, contact the Special Needs Registry NOW These offices provide transportation assistance to public shelters for individuals with physical 01 psychological limitations Public shelters, however, should be your last choice as a place to go Try to stay with friends or family 8 If you or a family member require electricity for life support equipment or need special supplies, discuss this NOW with a physician You may want to consider buying a generator for the period after the storm RED CROSS SHET.TER . A public shelter should he considered your LAST RESORT as a place to lade out a hurricane The shelters should be left for the people with nowhere else to go If you must evacuate, your best choice is the well prepared home of a friend outside of tie evacuation 70ne If you Frost go to a shelter, it may be crowded. Rememhei, Red Cross shelters are not designed to be comfortable, but are designed to be safe places to ride out the storm Food may or may not be piovidcd If you do not have in alternate plan and must evacuate to a shelter, Bring along your own supplies The Red Cross continues to be in need of volunteers to he trained to run a shelter toi the next stoim If you would like to become a shcltci volunteci and receive training from the Red Cross, cal l (305) 644-1200 Red Crops Shekel Checklist Baby food and diapers Favorite toy or blanket Battery -operated radio First aid kit 7 01 d ED8 °N f3M01 8m 1NaE E 9002 91 uer Blankets, pillows and sleeping Bags Medicine Cai key (extia set) One flashlight per person drinking water Alcohol DO NOT bring pets, finsarrns or weapons Identification and valuable papa Non-perishable food Toiletries Cards, games and books Extia Batteries Eating utensils Red Cross Shelters are not equrppc,d to handle people that require constant medical supervision, howc,ver special shelters are available For more intoiination, please see the sectio-n on "People with Special Needs " Important Note It you are stranded by rising watci, cinugency personnel will not be able to get to you Waiting to lcravc, will jeopardise your life and the lives of others 1 Shelters will be opening when the Evacuation Order is made Listen to your local radio station for shelter listings to find the shelter nearest you 2 Eat before leaving home because meals may not be available at the shelter, especially in the tint 24 hours 3 You may be required to present proof of residency betoie ie-entering an evacuation area after the storm, so be sure to bring a diiver's lzccnsc, or utility bill with you 4 Bring important documents and insuiance papers with you * Reprinted from the Village of Key Biscayne s ll d 88t28 °N EMO1 8(11 AaE E 9002 91. uer HURRICANE KIT CHECKLIST A little effort before a storm call nic,an a much easier time after a storm Don't be one of those people that have- to go look for supplies every day It you have a baby, elderly or dcpcndent person you are responsible toi, be sure to have lots of special supplies they require Have a TWO-WEEK SUPP1 Y of the following items in your "Hurricane Kit " Be sure to inc.ludc supplies foi any friends 01 i elatives who may be staying with you during the storm ❑ Baby food, diaper s and formula ❑ Battery operated iadio ❑ Bleach (without lemon of additives) ❑ Butane Lighters u Cazxic,ra and film CI Candles ❑ Cleaning supplies and Disinfectants u Duct Tape o hating Utensils ✓ Emergency cooking facilities ❑ Extension Cords (heavy duty, 3 pronged) u Extra. Battcrtcs ❑ Extra pet food u Fit e Extinguisher ❑ First -Aid Kit ❑ Flashlights ❑ F uc.l Cat ❑ Gas tor Grill (fill tank) u Glasses of Contact lenses (extra) u Heavy Plastic (to cover root if damaged) ❑ Inflatable Raft ❑ Lantern and extra fuel u Life Pieserver a Manual Can Opener ❑ Map of or directions to, Shcltcr locations u Matches © Medicine Pi c,sci iption, Aspirin, Antacid, Antibiotic Cream u Mosquito Netting ❑ Mosquito Repd l ant u Non-perishable canned or packaged foods and hevc.ragc.v 9 6l d EDS °N f3MO1 8 13 Ad6E 9006 9l upr o Plastic Trash Bags (get plenty) ❑ Portable Cooler ❑ Rope (100 f) ❑ Sleeping Bags o Soap and Shampoo u Spray Paint ❑ Tarps (heavy duty plastic or canvas) o Toilet paper & towelettes a 1 ools, moluding Crowbar Sledge Hammer, Saw, Gloves, i lammcdr and Nails o Valuables u Water Purification Tablets o Water Lugs (large and small) gallons per person) "PREPARATION IS KEY 10 SURVIVING MOTHER NATURE'S WRATH" Reprinted from the Village ot Key Biscayne Watei to Drink (7 STock GALLONS OF WATER If you plan for water shortages after a hurricane, you wall be few stc,ps ahead in the survival game The following tips were pi ovided in a brochure by the Federal Fmergcmy M an agement Agency 1 Stole at least a two-week supply tor each family member /hat xncans at least one gallon a day for each person Stole water only in washed containers but for no longer than three months 2 As a storm appi oaches, you also can store water m your bathtub and toilet tank (not bowl) foi washing and flushing toilets (That's because lithe elootiicity fails at the local waterworks, you won't have water pressure) Close the bathtub dram and seal wound it with waterproof caulking and fi I l at with water Lrccac as much water as you can 4 Depending on the sxic,, watcl hcateis hold several gallons of clean water that you can use after a storm for sanital y or other nccd'1 As part of your final preparations foi a hull udan4, unhook or shut off the water heater from its water source so it will not get contaminated You will have this extra source ot water to use in the aftermath of a stoi m Know how to cllsrnfet t water to disease -cm -lying into oorganr,srna 10 d U.00 oN 03Mo1 a111D AdH 9002 9l uer Boiling It is the safest Bi mg water to a boil for about 10 minutes Tt will taste better 1 f you put oxygen back into it by pouring it back and forth between two containers 2 Ch.loiination Use liquid chlorine bleach that contains 5 25 percent sodium hypochlonte and no soap (Some containei s warn against personal use ) Add two drops of bleach foi each quart of water (four drops if watei is cloudy) stir and let stand for 30 minutes 1 f the watei does not taste and smell of chlorine at that time, add anothei dose and let stand for anothei 15 minutes 3 Purification Tablets available at most spot ting goods stores and some pharmacies release chlorine or iodine Follow package directions A Kepi inted from the Village of Key Biscayne INSURANCE Insuiancc is more complicated now than ever before, but the time spent being sure you're well covered is money in the bank after a storm Ask every eoneeuvable question of yaw insurance agent If you don't get a good answer, ask the company directly, and get it in writing Condo owners not only have to be concerned about the individual homeowners policy on their own unit, but also about the insurance the association is carrying on the building 01 complex Prepartn, for a Storm You can do yourself a big favor by cataloging youi peisonal items NOW Be sure you have a complete description (brand name, model number, age, purchase pace, place of purchase, etc) of youi personal belongings Take a picture of everything and make I WO copies of the pictures and the lists 1 Keep one of the originals and one of the copies in a waterproof container at home, Take it with you if you evacuate 2 Send one set to a friend or relative out of town 3 NEVER give the insurance company the only original They can lose things like anybody else Hei e are lrpoitant questions foi your insurance agent or company l Do I have replacement value coverage on my apartment and peisonal pi operty? 11 tiG d 88 8 °N f3M01 8N13 Wd88 8 9002 9l cer 2 What does replacement value mean? 3 If my apartment gets damaged, will the policy pay the entire cost of i ebuilding9 In other words, "is c, a limit to niy replacement value coverage'?" 4 If the building code has changed since my apartment was built, will the policy pay the di ffcrence to meet new Bode requirements'? 5 Does my policy cover wind damage? You may have a second, separate policy that only covers damage from wind 6 Exactly what is coveted by each policy`? 7 If the garage collapses on my car, what insurance pays for the repairs? 8 What is the deductible on my policy or policies? 9 Is there any exclusion, things that ate not covered? 10 Has my coverage, kept pace with my improvements, additions, rising property values, and rebuilding costs? 11 ?Does my insurance coves relocation or tempoi ary housing? 12 Does my policy cove] houscguests'? Renters If you rent, you need renter's insurance You need to ask the same questions about replacement value as a homeowner * Reprinted from the Village of Key Biscayne INVENTORY BELONGINGS FOR INSURANCE CLATMS Adequate homeowner's or renter's insut ance will help protect you from the financial impact of a natural disaster A crucial step is to take inventory of everything you own in your hone Having this information will speed your claim settlement Here's how to do an inventory I Include the name and address of the appraiser on all appraisals 2 Record the serial numbers of small appliances and other theft -,prone items 3 Keep your iu. eipts along with a description of the items Receipts are especially important for big -ticket items such as computers and large appliances 4 Videotape or photograph all items that you own Describe on the videotapes or on the back of the photos the items and their prices 5 When doing an audio of video inventory, start in one cornet of the loom and work 12 Sl d 88b8 °N 0101 8013 Ad88 8 9OR 9l ver your way around 6 Inventory the contents of closets and the garage 7 Make a detailed record of antiques, jewelry, silver, major appliances, and collcetor's items This includes the prices, purchase dates and serial numbers 8 Keep these videos or photos outside of yow home, such as in a bank safe deposit box 9 Update the Xnventory periodically Ilere are some photo tips for taking; inventory i Use a camera with a flash and take color pictures, which show detail better than black and white 2 fate inventory pictures, slides and videotapes It appropriate, record the date of purchase, brand names and purchase price of each item on a record card next to the. picture 3 In order to get an overall picture, take wide-angle photos of the whole room, than several close-ups to capture detail 4 Focus the flash away from mirrors and other reflective surfaces by standing at a 45 - degree angle the shiny surface 5 when using a flash, don't get closer than the recommended focus range If you must get closer, diin the flash by placing a white handkerebief over 31 while taking the picture 6 Place a family member in the picture because that helps substantiate ownership of an item 7 Open closet doors to show how much clothing you own 8 Take pictui es of drawers' contents 9 When photographing silver china chi jewelry, use a dark cloth as a background Don't use a flash when photographing jewelry 10 I akc a picture of the pattern name or manufacturer's signature of china, along with a picture of the pattern 11 When photographing or recording collections in albums, make sure the picture includes the entire page, along with close-up shots of the most valuable items Make surd the pretures tic in with your home 12 Photograph power tools and include detailed photographs of the inside of your toolbox 13 If you only want to take a few pictures, photograph groups of your most valuable unappraised items 01 record whole, rooms with the, most valuable items prominently displayed * Reprinted from the Village of Key Biscayne 13 91 d EEt8 °N HA01 an13 MEE E 9002 9l ver USE PLANS TEAMWORK TO HARNESS KIDS FEARS Piepaiing for hurricane season means readying children for the psychological effects of a storm Consider these guidelines 1 Accept the hurricane season and that another hunic,anc is possible Begin to think about preparations 2 Threatening new storms will stimulate fears and memories of Andrew Talking about those memories will clarify reality and alleviate unnecessary anxiety, and it allows you and your family to marshal forces not only to prepare, but also to overcome, it R.c,mclnbci , children may relieve the trauma of the hurricane through repetitive play Children may play hurricane games as a way of mastering fear s, the same way a child with an unpleasant experience at the dentist may come hone and playact benig a dentist with tic, younger sibling 3 Make a supply list Allow the children to add items, perhaps a stuffed toy 01 games 4 Develop a family plan of response that is clew and undcrstanda.blc to everyone, and give children a role in its implementation If you are going to evacuate, choose the, route, and select a destination If you are going to stay home, discuss with your children what you are going to do and where you arc going to sleep Children should have their own flashlights Games help pass the time, give children something to focus on and piomote family togetherness during periods of anxiety 5 1 akc a trial run with the children then celebrate the success of you.i plan, emphasizing the key role cad] parson played 6 Pcople who become overwhelmed with fear and anxiety may want to seek professional advice or treatment Parents who are concerned about their children can ask their pediatrician of family doctor to tetei them to a mental health professional who specializes in treating children, sc.1c11 as a child psychiatrist, psychologist or social walker PETS 14 tl d EEi °N f3MO1 'd m Adti 9006 9l U Animals arc affected by the stress of a storm just like people Tt seems, however, they are more resilient and recover much faster They also have good instincts tor their own survival As hard as it may be to leave your pet, the odds are good they'll make it, even 11 the situation gets very bad t he BEST THING you can do is to take your pet to a kennel or a veterinarian tor boarding during the storm These spaces fill up quickly, however, so make your reservations early Some kennels will "hold" spaces for regular customers if you cannot board your pet, consider asking yow a friend or relative who lives 1n a non - evacuation area if they would mind your pet Pets are not allowed in public shelters 2 It you must leave them behind, prepare a place tot them in the most protected room in your home If possible, use a room with no windows, but snake certain that there 1s enough ventilation 3 Tag your pet with proper identification and inoculation infmnation Be sure vaccinations are up to date, and that your name and phone number are on the tags 4 I cave enough food and water fot at least two weeks 5 Arrange a layer of plastic and a layer of paper 01 cardboard for the pct 6 Do not sedate your pet 7 Do not leave pets in a ear outside of a shcltet When \'ou 'Evacuate • Notify management in writing of where you will be staying and a phone number where you can be reached • Leave during daylight hours it possible • Be sure to evacuate to the nearest shelter or other safe inland, non -coastal area • Take all necessary medical supplie,N and 1m. dieattons with you • Take small valuables (money, jewelry, etc) and important documents with you • Take a battery -powered radio, flashlights (extra batter ies), plenty of drinking water, toiletues, bedding and food that can be eaten cold (don't forget the manual can opener) Shut Down Should an evacuation order be issued, the building will be "Shut Down" 15 81. d 8818 °N flM01 8N10 AdtiB 8 9002 9l u'r Several hours before the storm's landfall, all six -passenger elevators, the air conditioning system and the boiler systems will be shut down m order to protect the equipment during the storm .Additionally, all building personnel will evacuate the building several hours prior to the storm's landfall (they too must prepare their homes and families) It is strongly urged that you evacuate the building should an evacuation order be given If you choose to stay in the building during the storm, note the following information, • A security officer will be posted in the lobby of each Club lower and will be set up as a "command center" They will lac available to try and assist you in obtaining help in the event of a medieal emergency, fire or serious damage • Prioi to a I1unicancr Waring, you will be provided with a phone nurnbei to contact you; concierge • You should notify the management or your intent to stay • You should establish a "safe room" for you and your family to stay m during the storm (a room with no windows) 11) thc., event outside information or assistance is needed, you may call Miami -Dade County Answer Center 305 468-5900 Miaim Dade Water Plant 305 953-2854 Miami Dade- 8ticc.ts Division 305 945-3984 Florida Power and Light 305 442-8770 Miaim Dade County Emergency Evacuation Assistance Pi ogram - 305 442-8770 Police or Fire Department Emergencies Only) Red Cioss 305-644-1200 National Hurricane Center - 305-229-4522 - 911 (For ITS MK 16 64 d 8818 °N d3MO1 um Wd-bB 90E 9l U Again — You are urged to evacuate the building if an order is issued If a storm's landfall is in this area, there is a strong possibility that high winds will penetrate your apartment, knocking down doors and walls During and after the storm, the police, fire department and fire rescue may not be able to provide emergency services DARING TIIE HURRICANE Even at ground zero during Hurricane Andrew, m the hardest hit and the most heavily damaged area, no one was hurt inside a well pi epared home A home that is properly prepared has a much greater chance of surviving even the strongest storms and protecting the occupants within Our entire island is vulnerable to hurricanes and evacuating from one area of the state to another does not guarantee a thing! Your best course of action is to prepare your home and remain in your de'. ignated "SAFE AREA" once the storm has begun 1 Do not leave your safe room even if you hear windows breaking or other loud noises It is extremely dangerous to expose yourself to the wind sticatn 2 Stay away floin windows at all times 3 DO NOT leave a window open at the "opposite side" from the storm Close all the windows and stay put 4 If the electricity goes off, use only flashlights Use only flashlights NEVER use candles of kerosene lamps during the storm 5 Never cook during the storm A gust of wind eould spicad a fite, and the fire department would not be able to respond 6 Iell stories 01 sing songs to help keep children calm 7 If the eye of the huineane passes through your area, stay indoors unless emergency repairs are necessary Wind and lain may stop tor a few minutes to mole than half an hour Don't let that fool you The wind will suddenly pick up again from the opposite direction and possibly with greater force than before 8 Turn off and unplug any unnecessary electrical equipment, especially sensitive electronics, BEFORF the power goes out IT power does go out, turn off circuit 17 Ol d 88 8 °N 0101 8013 Wd�B 8 9002 9l "r breaker that operates a lamp, so you'll know when the power is iestored Dade County Disaster Information After the hurricane, all Mlam1 Dade County 11101-1 SCHOOLS located in an affected or damaged area, will become Disaster Information ormation and Re,,oui c.c. Centeis If you need any recovery or medical help, this is the place to go Initially, Police, Fire Department, and Emergency Medical Peisonnel will staff these centers, then, as soon as possible, representatives of the Salvation Army, the Red Cross, the insurance industry, and other agencies will be providing neighborhood services These centers represent Miami Dade County's commendable effort to solve the problem that developed after Humeane Andrew when people needed help and didn't know where to go After future hurricanes in Miami Dade County, look foi the balloons at your local high school and help will be there RETURNING TO THE B[ILDING A.ftet the storm has passed, avoid returning to the building immediately There may not be any electricity, which means there will be no an conditioning, no hot water and the use of only service elevators, which is to be used for emergencies only Residents will have to use the stairs to get to their apartments Before making a decision on when to return to the building, please call the management office to ascertain the condition of the building, cspeeially whether it is sate tor occupancy wl o Recap 1 Before the first storm of the season, prepare your unit (NOW) 2 Should a hurricane watch be issued, prepare to evacuate the building (Management will send residents notification in the event a "watch" is issued ) 3 Stay tuned to local radio and television stations for latest National Weather Service advisories, and special instructions fiorn local authorities (such as an order to evacuate) 4 Should a hurricane warning be issued and an order to evacuate is given, do so as quickly as possible (inforin management, in writing, of where you will be staying and a phone number where you can be reached) 5 Atter the storm, contact building management to ascertain the condition and safety of the building betot e i eturning �w n 18 lZ d EDS °N HMO1 8110 AdSE E 9402 9l U Hurricane Emergency Procedures Following arc a list of items to assist you in your hurricane plans. ✓ PREPARE A PLAN OF ACTION, involve your whole household, ensure that everyone takes part m it and knows what they are supposed to do ✓ HURRICANE KITS should be refreshed with non-perishable foods and bottled water Check batteries in clock, flashlights and radios Check first aid kits Keep photo identification and additional money handy Don't forget toiletries, mosquito repellent and a manual can aperier ✓ A HURRICANE WATCH issued when hurricane conditions are possible for Key Biscayne usually within 72 hours Prepare for an evacuation order Kcy Biscayne is a mandatory evacuation zone so you need to prepare to seek sate shelter outside of this community There are no safe havens on Key Biscayne ✓ TRAVEL PLANS/EVACUATION CENTERS and /or suitable HOTELS should be identified before an evacuation order is received Locate boarding kennels for pets ✓ A HURRICANE WARNING 1s issued when hurricane conditions are expected for Key Biscayne within 24 hours Prior to this you should already know where you are going to weather the storm, have all the necessary items needed including enough water, food and money for up to two weeks and have made arrangements for pets( if any ) ✓ AN EVACUATION ORDER is issued for Key Biscayne when sustained winds are at 35-40 mph The Police Department and Ail Frnergency Services will evacuate the island when sustained winds reach 45 mph NO ONE SHOULD REMAIN ON THE ISLAND. 86 d 88 8 °N fl Mal 81110 8 9006 9l Fe r 1 Once an evacuation order is issued and the building secured, MAC staff will not return to the property until the evacuation order is lifted ✓ SPECIAL NEEDS? If you or someone 1n your family has special needs, you must pre register with the Special Needs Registry if you need assistance during a storm Make sure you have a 30 day supply of medication ✓ OWNER'S NOT IN RESIDENCE should make prior arrangements with a designated person (s) to close storm shutters, remove all furniture and plants from terraces and balconies, and remove automobiles from the parking garage ✓ ALL PASSENGER ELEVATORS will be out of service m the Condominium because of expected ocean storm surges ✓ CONDOIV[CNf UM EMPLOY F ES will not be available from the time the Evacuation Order is received for Key Biscayne and the building is secured Please notify the management office ahead of time should you need any special assistance during an emergency We will have a limited staff on site since they to will have to go and secure their homes ✓ HURRICANER WATCH is issued within 36 hours for a specific area when hurricane conditions aie possible + What to do when a HURRICANE WATCH is issued: 1 Listen to Radio and TV broadcasts for up —to-date storm information. 2. Prepare to bring patio furniture indoors 3 Prepare to close shutters if you have them. 4. Fill your gas tank and make arrangements to move your vehicle off Key Biscayne. 5. Check batteries and stock up on first aid supplies, canned foods, get a manual can opener, drinking water, and medications. 'bZ d 88 8 °N flM01 8013 Wd98 E 900 9l v21 1 / HURRICANE WARNING is issued within 24 hours for a specific area when hurricane conditions are expected ❖ What to do when a HURRICANE WARNING is issued ; 1. Listen to the Local Officials for the " Mandatory Evacuation Order" 2. When "Order" received- Evacuate immediately. 3. If you are caught indoors during a hurricane a) Stay away from windows. b) Move to the center of your home, in a closet or bathroom without windows. c) Be alert for tornadoes that spawn during the storm. d) Stay away from floodwaters. e) Be aware of the storms 'eye" period of deceptive calm during the storm, which is ususlly, followed by more hurricane force winds. 1 AFTER THE HURRICANE listen to the radio and TV broadcasts advising when it is safe to return to the island The Management Team will be on site as soon as it is safe to come on the island 5Z d 88 8 °N HMOl 8010 Wd9E 8 9006 9L uer t e Remember that the best defense in the event of a Hurricane is to be prepared Please keep this information in an easily accessible location Should you have any questions regarding this information, please contact the Management Office at 305-361-9975 or your concierge at Grand Bay Club 305-361-2900 Club Tower One 305-361-7843 Club Tower Two 305-361-3605 Club Tower Three 305-365-8305 This information is being provided to you as a source to help you prepare for a Hurricane It is not to be construed as a substitute for your own good judgment You should avail yourself to information provided by government agencies and the National Weather Service, as well as listen to local television and radio newscast RESOLUTION NO 2006-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT, PROVIDING FOR CONDITIONS, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Flonda, recreational activities are permitted within the Government Use Distnct upon approval of a Beach Management Plan by the Village Council, and WHEREAS, the applicant, Sonesta Beach Resort, Key Biscayne, located at 350 Ocean Dnve, Key Biscayne, Flonda has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use Distnct for approval by Village Council, and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard, and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Approval of Beach Management Plan. In accordance with Section 30-102 of the Village Code, the Village Council hereby authonzes and approves the Beach Management Plan, attached and incorporated herein Section 3 Conditions The Beach Management Plan as approved, is subject to the following conditions (1) Dunng storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet (2) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterline The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol (3) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach Management Plan approval Section 4 Implementation. That the Village Manager is hereby authonzed to take any action which is necessary to implement this Resolution Section 5. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May, 2006 4AXdA/t 4 L_ ' MAYOR ROBERT OLDAKOWSKI 2 CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATTORNEY F \100\ 103001\Resolutrons\Resolut,on Approving Beach Management Plan Ritz doc Office of the Village Manager Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez DATE Ma 16, 2006 TO rable ay r Members of the Village Council FROM qu 'n- R dez Village Manager RE Beach Management Plan — The Sonesta Beach Resort Key Biscayne RECOMMENDATION It is recommended that the Village Council approve the Beach Management Plan submitted by The Sonesta Beach Resort with the following condition 1 Clear passage for emergency access and patrolling purposes • As specified under section 30-102 of the Village code subsection (g)(6) none of the permitted activities including the storage of any equipment shall be maintained or conducted within 15 (fifteen) feet of the waterline This applies to the placement of chairs and umbrellas as well • The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and for patrolling the beach BACKGROUND Ordinance 2005-5 amended the Zoning and Land Development Regulations contained in Chapter 30 of the Village code for the purpose of protecting the public beach areas and the public's right of access to the public beach areas within the jurisdictional limits of the Village The Village reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning The first reading was passed and adopted on Apnl 26th 2005 and the second reading was passed and adopted on May 24th 2005 cc David M Wolpin Esq Village Attorney 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMENT TO I RO` IDE A SAFE QUALM COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybiscayne fl gov Department of Public Works 88 West McIntyre St Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365 8945 • Fax (305) 365 7757 BEACH MANAGEMENT PLAN - PERMIT APPLICATION Permit Number BMP-03 Name of Property Street Address of Property Legal Description Lot(s) Name of Applicant Address Phone No Name of Property Owner (if Different from Applicant) Address Phone No Proposed Hours of Operation Proposed Area of Operations Proposed Storage Area Location Contents If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for All Terrain Vehicle Sort As-( Zaile_ti- Zsoin 3s.7a 1:74..e040 R‘vC- solves-AP) ix.r.p.c., 3so r)t..EA t)... 2S— 36(—.4-6.4.1 Wes oc 2 A 1)\kt, Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable, Number and Type of Proposed Non -Motorized Vessels' ke, All applications must be accompanied by • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas, and where the use of Vessels is proposed the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a "hurricane warning" by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327 02 F S maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") m accordance Ne4h Se tion 30-102(f) of the Village Code of Ordinances, S0 „„�-�a ��r Q 1• e soRthe "Applicant") hereby covenants and agrees as follows P �' 1 Applicant shall defend, mdemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily mjury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is mcidental to or m any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities withm the Government Use Zoning District as specified m Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified m the approved Beach Management Plan, Applicant shall mamtam the followmg A Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arismg out of or m connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified m Applicant's Beach Management Plan, with minimum liability limits of $1,000,000 00 for bodily mjury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons m any one incident or event, and m the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall mclude coverage for premises/operations, products/completed operations, contractual liability, and independent contractors This policy shall include coverage for contractual liability specifically covermg the mdemnity set forth m this Covenant The Village shall be named as an additional msured on this policy B Automobile liability m the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage, covermg all vehicles owned, leased, rented or otherwise hired or used by Applicant m association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zonmg District as specified m Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's habihty, as required by Florida Statutes 3 Simultaneously with its dehvery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of msurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that m the event of any litigation arismg out of this Covenant, the prevailmg party shall be entitled to an award of reasonable attorney's fees and costs, at both the trial and appellate level 5 Applicant represents that Applicant has the full right, title and authority to enter mto this Covenant and to make the provisions hereof bmdmg and m full force and effect IN WITNESS WHEREOF, the Apphc t has executed this Covenant of Indemnification & Insurance on the 4 day of -L , 2006 APPLICANT Vpw-,., \ \t‘': -\-)t4- , 14 cc4itatii-- By Title gcs\ .,,- Sara, ri Accepted by the Village of Key Biscayne, Florida this day of 2006 ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL S FI ► IENCY VILLAGE ' TTO F \103001\Agreements\Covenant of Indemnification doc SONESTA BEACH PLAN OUTLINE OF PLAN • Each stack of chairs will below the top of the sand dunes Each stack will consist of ten chairs, which is approximately six feet tall There are thirty-two stacks m total • The design of the beach plan is intended to keep the footprmt of the chairs low and minimize the visual impact on the natural surroundings • All of the cabanas (7) will be left m the lowered position unless a guest is usmg them They have been mounted m the ground to a depth of three feet up along the base of the sand dunes Again, this will mamtam the natural appearance of the beach • All of the umbrellas will be stored in one of the three storage boxes along the beach • There are trashcans placed along each path between the hotel and the beach to help reduce trash on the beach • There are two structures adjommg to our building on the west side of the dunes These structures are used to provide snacks and alcoholic beverages Hours of operations Snackerrie Monday — Friday 11 30 a m to 4 30 p m. Saturday and Sunday 11 30 a m to 5 00 p m Seagrape Bar Monday — Sunday 11 00 a m. — 6 00 pm LEGEND CABANAS • UMBRELLA BOXES STACKS OF CHAIRS FIGURE 2 BEACH MANAGEMENT PW VILLAGE OF KEY BISCAYNI r 41141. 1 LL .. (gym. COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") m accordance h Se tion 30-102(f) of the Village Code of Ordinances, the "Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, mdemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, mcludmg death, sustamed by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is mcidental to or m any way connected with (1) Apphcant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified m Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Apphcant's breach of this Covenant of lndemmfication and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zomng Distnct as specified m the approved Beach Management Plan, Applicant shall maintain the followmg A Commercial general liability insurance for bodily mjury, death, or property damage occasioned by any act or occurrence ansmg out of or m connection with Apphcant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified m Applicant's Beach Management Plan, with mmimum liability limits of $1,000,000 00 for bodily mjury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons m any one mcident or event, and m the minimum amount of $1,000,000 00 for damage to property resultmg from any one mcident This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors This policy shall include coverage for contractual liability specifically covermg the mdemmty set forth m this Covenant The Village shall be named as an additional msured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combmed single limit for bodily injury and property damage, covering all vehicles owned, leased, rented or otherwise hired or used by Applicant m association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zonmg District as specified m Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's liabihty, as required by Florida Statutes 3 Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of msurance mdicatmg that the above referenced msurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that m the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full right, title and authority to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applic t has executed this Covenant of Indemnification & Insurance on the p.11 day of a�,�c , 2006 APPLICANT WITNESS By By VPtir.e. vN )g ‘,\„',A),..& By Title j j» jr N\ctirQ Accepted by the Village of Key Biscayne, Florida this day of , 2006 VILLAGE MANAGER Al -1 EST CONCHITA ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY F \103001\Agreements\Covenant ofIndemmficaoon doc ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID JR SONES-1 DATE (MM/DD/YYYY) 03/13/06 PRODUCER HUB International New England 299 Ballardvale St Wilmington MA 01887 Phone 978-657-5100 Fax 978-658-9185 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Sonesta International Hotels Corporation Sonesta Hotels of Florida, Inc 350 Ocean Drive Key Biscayne FL 33149 INSURER A INSURER B Liberty Surplus Ins Co American Int'l Specialty INSURER C Twin City Fire Ins Company INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1N5K LTR MAIL INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL LIABILITY EGL-BO-184088-015 10/01/05 10/01/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ 50,000 i CLAIMS MADE 1 X OCCUR MED EYP (An c e per o ) $ PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 2,000,000 POLICY JE� X LOC C X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS Comp Ded $500 08MCZ500611K1 10/01/05 10/01/06 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ X Coll Ded $1,000 GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ B X EXCESS/UMBRELLA LIABILITY 9745607 10/01/05 10/01/06 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE RETENTION $ 10 , 000 $ $ X $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER,MEMBER EXCLUDED'? E If yes describe under SPECIAL PROVISIONS below WC STATU 0-1H TORY LIMITS ER E L EACH ACCIDENT $ L DISEASE EA EMPLOYEE $ E L DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate Holder is an Additional Insured per form CGL 10000103 V Contractual Liability is included as per form ES207R71003 CANCELLATION VILLA -3 Village of Key Biscayne 88 W McIntyre Street Key Biscayne FL 33149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES AUTH PR IT VE`C�' ACORD 25 (2001/08) ©ACORD CORPORATION 1988 LSI Corporation Mcmbcr of Liberty Mutual Group Liberty Surplus Insurance Corporation ENDORSEMENT NO 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY Endorsement Effective Date 10/01/05 Policy No EGL-BO-184088-015 Insured Sonesta International Hotels Corporation 'ADDITIONAL INSURED —BY WRITTEN CONTRACT WHO IS AN INSURED (Section II) is amended to include as an insured any person or orgamzation with whom you have agreed to add as an additional msured by wntten contract but only with respect to liability ansing out of your operations or premises owned by or rented to you CGL 1000 0103 " " 2 Exclusions This insurance does not apply to a Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages (1) That the insured would have in the absence of the contract or agreement, or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or ' property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of habihty assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided (a) Liability to such party for , or for the cost of that party's defense has also been assumed in the same "msurea contract", and (b) Such attorney fees and htigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged c Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of (1) Causing or contributing to the intoxication of any person, (2) The furnishing of alcohohc beverages to a person under the legal drinking age or under the influence of alcohol, or (3) Any statute ordinance or regulation relating to the sale, gift, distribution or use of alcohohc beverages This exclusion applies only if you are in the business of manufacturing, distributing selling serving or furnishing alcohohc beverages d Workers' Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law e Employer's Liabihty "Bodily injury" to (1) An ' employee" of the insured ansing out of and in the course of (a) Employment by the insured, or (c) Performing duties related to the conduct of the insured's business, or ES 207 87 10 03 Page 2 of 21 1 M • • (2) The insured's responsibility to pay damages is determined m a "suit" on the ments, in the territory described in a above or in a settlement we agree to 5 "Employee" includes a "leased worker " "Employee" does not include a "temporary worker " 6 "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 7 `Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be 8 "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because a It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous, or b You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a The repair, replacement, adjustment or removal of "your product" or "your work", or b Your fulfilling the terms of the contract or agreement 9 "Insured contract" means a A contract for a lease of premises However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract", b A sidetrack agreement, c Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad d An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality, e An elevator maintenance agreement f That part of any other contract or agreement pertaining to your business (including an indemnification of a munucipahty in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or ' property damage" to a third person or organization Tort liability means a liability that would be imposed by law in the absence of any contract or agreement _ Paragraph f does not include that part of any contract or agreement (1) That indemnifies a railroad for `bodily injury' or `property damage' arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks road beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a) Prepanng, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys field orders, change orders or drawings and specifications or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage, or ES207R71003 Page 17 of 21 Y (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those fisted in (2) above and supervisory, inspection architectural or engineering activities 10 "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business "Leased worker" does not include a "temporary worker " 11 "Loading or unloading" means the handling of property a After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto", b While it is in or on an aircraft, watercraft or "auto" or c While it is being moved from an aircraft watercraft or "auto" to the place where it is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechanical device other than a hand truck, that is not attached to the aircraft, watercraft or "auto " 12 "Mobile equipment" means any of the following types of land vehicles including any attached machinery or equipment a Bulldozers farm machinery, forklifts and other vehicles designed for use principally off public roads, b Vehicles maintained for use solely on or next to premises you own or rent, c Vehicles that travel on crawler treads d Vehicles whether self propelled or not, maintained primarily to provide mobility to permanently mounted (1) Power cranes, shovels, loaders, diggers or drills or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers e Vehicles not descnbed in a b c or d above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types (1) Aix compressors, pumps and generators including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment or (2) Cherry pickers and similar devices used to raise or lower workers f Vehicles not described un a , b , c or d above maintained pnmanly for purposes other than the transportation of persons or cargo However, self propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos" (1) Equipment designed primarily for (a) Snow removal (b) Road maintenance, but not construction or resurfacing or (c) Street cleaning; ES207R71003 Page 18 of 21 HURRICANE PLAN Remove and secure all loose objects 1 e lounge chairs, umbrellas, hammocks, etc These objects will be placed m the underground garage RESOLUTION NO 2006-21 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES FIREWORKS DISPLAY BETWEEN THE VILLAGE AND ZAMBELLI FIREWORKS MANUFACTURING COMPANY, PROVIDING NECESSARY SERVICES FOR JULY 4, 2006 FIREWORKS DISPLAY, AUTHORIZING IMPLEMENTATION BY VILLAGE MANAGER, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, Florida, desires to use the professional services of Zambelli Fireworks Manufactunng Company ("Zambelli") for the purpose of conducting the July 4, 2006 fireworks display for the Village, and WHEREAS, Zambelli has the necessary special skills and expertise to provide the fireworks display, and WHEREAS, the Village Council finds, upon advice of the Village Attorney, that the proposed Agreement for Professional Services for Fireworks Display is exempt from competitive bidding pursuant to Village Code Section 2-87(2), and WHEREAS, the Village Council finds that approval of the Agreement for Professional Services for Fireworks Display between the Village and Zambelli is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Agreement Approved That the Agreement for Professional Services for Fireworks Display, in substantially the form attached hereto, between the Village and Zambelli, is hereby approved, and the Village Manager is hereby authorized to execute the Agreement on behalf of the Village, once approved as to form and legal sufficiency by the Village Attorney Section 3. Implementation That the Village Manager is hereby authonzed to take any action which is necessary to implement the purposes of this resolution and the Agreement Section 4 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May , 2006 4.otd-catt, MAYOR ROBERT OLDAKOWSKI NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY F /103 001/Resolution/Approving Zambelli Fireworks for services for July 4 2006 5 5 06 2 RESOLUTION NO 2006-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO REDUCE THE SPEED LIMIT ON CRANDON BOULEVARD WITHIN THE VILLAGE OF KEY BISCAYNE, FLORIDA, FROM THIRTY (30) MILES PER HOUR TO TWENTY FIVE (25) MILES PER HOUR, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, an evaluation by the Police Chief of the Village of Key Biscayne, Flonda (the "Village") indicates that a relatively high volume of motor vehicle accidents have been occurring on Crandon Boulevard within the Village, and WHEREAS, the Chief of Police has advised the Village Council that the speed of the vehicles was a significant cause of the increase in the number of incidents of motor vehicle accidents on Crandon Boulevard, and WHEREAS, it is well recognized that the speed of vehicles is a common contnbuting factor to the occurrence of motor vehicle accidents and collisions, and WHEREAS, the Village Council respectfully requests that the County reduce the maximum speed authonzed on Crandon Boulevard within the Village from the present limit of thirty (30) miles per hour to a reduced speed limit of twenty five (25) miles per hour, as authonzed by Section 30- 299(2) of the Miami -Dade County Code NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted That each of the above stated recitals are hereby adopted and confirmed Section 2 County Action Requested That the Village Council respectfully requests that Miami -Dade County take all necessary action to cause the maximum authonzed speed on Crandon Boulevard within the Village to be reduced from thirty (30) miles per hour to twenty five (25) miles per hour as authonzed by Section 30-299(2) of the Miami -Dade County Code Section 3 Implementation That the Village Manager, with any necessary assistance of the Village Police Chief, is hereby authonzed to take any and all action which is necessary to implement the purposes of this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May, 2006 40(44 1_, MAYOR ROBERT OLDAKOWSKI AT 410/adwg ITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATTORNEY 103 001/Resolutions/Authorizing Resolution for Reducing Speed on Crandon Blvd 5 11 06 2 RESOLUTION NO 2006-23 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN, STATING THE INTENT OF THE VILLAGE COUNCIL TO AMEND THE MASTER PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT, APPROVING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163 3191, FLORIDA STATUTES, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Chapter 163, Part 2, Flonda Statutes and Chapters 9J-5, 9J-11 and 9J-12, Florida Administrative Code (F A C ), the Village of Key Biscayne Master Plan (the "Plan") was adopted via Ordinance No 95-8 on September 12, 1995, and WHEREAS, the Flonda Legislature intends that local planning be a continuous and ongoing process, and WHEREAS, Section 163 3191, Flonda Statutes, directs local governments to periodically assess the success or failure of their adopted comprehensive plans to adequately address changing conditions and state policies and rules, and WHEREAS, Section 163 3191, Flonda Statutes, directs local governments to adopt an evaluation and appraisal report once every seven (7) years assessing the progress in implementing the local government's comprehensive plan, and WHEREAS, the Village Council, in its capacity as the Local Planning Agency (the "LPA") has prepared and completed an Evaluation and Appraisal Report (the "EAR") for the Plan as provided for in Exhibit "A", and WHEREAS, on Apnl 25, 2006, the LPA held an advertised public hearing on the proposed EAR, provided for participation by the public in the process and rendered its recommendations to the Village Council, and WHEREAS, the Village Council has reviewed the EAR, held an advertised public hearing, and provided for comments and public participation in the process in accordance with the requirements of state law and the procedures adopted for public participation in the planning process NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2. Adoption. That the Evaluation and Appraisal Report, attached as Exhibit "A", is hereby adopted and approved for transmittal to the Department of Community Affairs for the purpose of a sufficiency review in accordance with Section 163 3191, Flonda Statutes Section 3. Intent to Amend Master Plan That the Village Council does hereby state its intention to amend the Village of Key Biscayne Master Plan in accordance with the recommendations contained in the Evaluation and Appraisal Report Section 4. Transmittal. That the Village Clerk or his or her designee is hereby directed to make the appropnate transmittals as required by law Section 5. Effective Date That this Resolution shall be effective immediately upon adoption hereof 2 PASSED AND ADOPTED this 13th day of June, 2006 470 ucwcm (� MAYOR ROBERT OLDAKOWSKI AT /Web/ C • NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY F \100\103001\Resolutions\Council approval of EAR 3 27 06 doc 3 At, IP 1'i ZORI THE MIAMI HERALD 1 M am He ald tom 1 FROM THE FRONT PAGE A THURSDAY JUNE 1 2006 1 27A Client Name 738891501 Ad Number LU z V >- >- U. 0 Q J —J t 738891501 Insertion Number O r tsl a) N m O co O AVENTURA Hospital a `danger' to patients HOSPITAL, FROM 1A m 1 daft b g tf d by th tt Spksw m Sharo F h aid the Ce to f Medi are & Medicaid Ser vi th p f 1 ki g t th tut t A turn Al L m tary f th Ag y f H alth Adm t t aid It y ar that the g y will tak h gg act a It nlywhe there pt t Id g t th saf ty health well being f p tie ts. R k W d p d t f th Am H pt IA soc ti all d th tt m typ al. St t h alth d partm t ar y I cant t tak tht lad f u unl th m mm td g t saf ty Many f th bsery t and by stt tam whit h visited the h p tal last w k, rn d trait p t l4 p t t wh w im ply lyi g m bed in an 'unre- sponsi state. CAN BE HARMFUL R strait an use harm said Liz C pezuti prof sso f ur mg tN wY kUni ty wh h tudi d th us f trait m h ptal and ur g h m s Sh said th y an se th ink 1 hood f bedsore and acc ler t mu l d t t C ithised p t t an d rt tly hang th msel m an ff rtt getup. D P I S hyv vi p d t f th J t Commissi Accredit ti fH alth ar Organiz ti m th t al h p tal ac di t d gr up said R trait is something that is t be used ly wh bsolut ly ary d wh th p f mdi ti f t at t ar there H sp tal accredited by th mm m t pt t tlast ytw hour to d termm whethe t i p bl t m th FIVE CASES CITED AT HOSPITAL State regulators hav temporarily prohibited Aventur Hos- pital from admitting nonemergency patients They cited fiv cases in which patients war inappropnatey restrained: On Marsh 2s, mentally disabled pedant wh had Icer aused by leg cast was dmltted to the hospital The me became agitated nd was restrai ed at the ankle nd wrists He was prescribed several drugs Or* of th drugs, ti-seizur medicat on called Klonopl was supposed t be given twnc daily t 3 nd 9 pm At 7 p m. April 2 sitter w s assigned to constantly mo F for the patient, who was st N restrained At 8.30 9 m doctor ordered drug be given t the patient to treat congest* Th re is no evidence the drug w glv Them ightr the patient missed the 9 Om dose of 10 nopi but was ger dose at 10 30 d another t n.59 No expla nation w given for the xtra dose The patient died t 330 am Apil 3 On May 4, 81 year -old men wl h rknary tract Infection and possible pneumonia w admitted His condition deteno- ated and feeding tube was inserted Int his stomach. On May 14 doctor ordered the patient be estrained as eeded Federal epueaon prohibit ordenng re traint as needed — the order must be writt for specific circurnst nce A rse ordered that the patient be restr mad t the wrists On May 25,11 days after the restraint order he was placed entllator and sdN =trained State i vestigators concluded they w othing In the man ecord to demonstrate whether hew properly monit red while in restraints no was there anything that showed any behavior or other bass which would j stify the use f restraints. Three pathrtts, ages 61 78 and 90 were described as "unresponsive" and "Nat on higher back in th bed For II three physicians issued daily circlets to keep the patients eatramed Investigators found tithing in the patients' records to how that they we mo stored fo the Meets of lo g term restraint or cared fort prevent the problems that can Ise from long --term restraint There was lso no evidence in th record of ny behavior or other basis which would lust fy the use f re tra,nt or any indication f the continued necessity f estrae,ts according to the state report t mt Doct m y t d trait PAN as ed d. On f th A tur ases cited tut sort f de I se t A tur phy an d ed th se f t ai t 78-y Id po dmis a Th p t t w pl d soft w t stramts and taken to nit are p t tilt and hsted as "unr sports[ Th pt t mai dflt bd b tth d t kpt daring restramnts. Schyve said p b t some - t m m tb tram d so th y do t knock pull tube from th throt b t h added the re traits hould be mp sed ly f th p t t ppear immi t dang f knocking t th tube and m t b m ed soo the git b passes. RECORDS LACKING Th h Ith g y rde f mo tonum ted th t with save alp tin t the h p tal d did t di t wh th th p t t hwdbhvi 1 tfyi g tb t t h d b turn d t reduc th possibil ty f bedso h d b properly monitored. C p zut t d th t th 1 k fd um t t ug g td tlutl d keepmg b t also failur by taff to oo dmate are. Th d cum tt t as impl as Somebody didn't wnt thi d wn h ad. It w y y mmum t t th toff Thi y t m p bl m. Whe they m in t st p dims' ns m h pt 1 th t p tty trong t tem t. Th d w sud Fnd y but th t t did t tfyth p bl whthd h ppened. I m h k d Barbar Wales an A tur uvt t aid wh h I am d f th tt t If dth wh l set f um tan ce ble, that this would happe t local h p tal that so many f d pe d upo and they wouldn't tell us what they'd d e. It ludicrous. Levin wh has portr y d h mself h mp f t an par y fh lth ar of m t aid su h tt mw ylegit mt p t. Th g y su lly w t t1 h pt 1 p d t t t mpl nit bef 1 as g of rm t but in th futur th g y w 1 d u g t h p t 1 ti ns immediat ly he aid. At th h p t 1, wh h p t f th HCA h pk wm W b g ss ed st t m t W ha mpl t d and mpl m ted animmedi to plan f acts t dd th mm d t d feel nfd t thi plan w II all w t mak th se correct' ns quickly Sh d h Ith g y pect w t th f ility T day ning and th taffw hoping th t t ban would be lifted gmckly M anwh 1 Shy B k d f d b t said h w t t th h p tai T dyt h t ampttd but w sn t dmttt d. Iw tuna d. Th yg m zplanation. YOU WORK HARD FOR YOUR MONEY NOW LET IT RETURN THE FAVOR r ��k Isn t rt time your hard earned Money did some Strious tttt 1t of its,t Thats why were proud to offer this competitfye CD and Prefefum Malley Marktl -Performame ccount Two very specialtnvestmesf thattan he!Pyou meet your Maeda! lac g a�f advantage of Gaff of theslf great rates The scorer ygfl a& the met* any Suerust branch today or tall 877 377 9221. 13 MONTH CD 5.25% "de non eel same me 9aod for ner 0A maw The m rte earned Weed 0w erne are au .6 ect nea ran emfer. and may not am ers matt Oe Oa PREMIUM MONEY MARKET PERFORMANCE ACCOUNT 4.OQ°: SUNTRUST See ng beyond money aid ned W Percent. mu o far .Mu as ms here rata attau for aW far ase 99 99 00 999 99 tar 00 99 99 000 99 999 99 00 00 00 00 accounts Percent. haw mu far onsurne Fee � far may . mast. spa phi fared,er USA3000.COM 1 -877 -USA -3000 NEW YORK ( NPWM IO PHILADELPHIA SA 3000 8 ZONES T$10: NEED PAINTING N liortikowne nth general aura w U be g v n the option ty of ha g nes, LIQUID STUCCO applied to hes home at factory d nas.t pncc This mar ng new product has whited the Merest of homeowners thnwghout dnc U ed S ate who ere tai p with cut .t.c palm g nd other roman* nonce out It cnsnc with a 1 1 time non prorated warrant) and makes ) iu fume rite gy ffcie t Ad backed by 42 year Id tcrnauonal company ()u sew product an tic set any type f home nciud ng tr me ncrete block and iris. home It commies dance if odors nd now gr b to be eta duced to the LOCAI mark t Yot r home be showplace our neighborhood nd w ve II isk t worth y iu wh 1 f sus an se your ht se For FRU CM mat please 1I NEVER PAINT AGAIN Don't wart Call now to receive a free estimate and demonstration of this product 1 4464108117 I/� waoe `a tx+c m eCe4aa r Z 4 VILLAGE OF KEY BISCAYNE Office of the Village Clerk NOTICE OF PUBLIC HEARING ADOPTION OF THE PROPOSED EVALUATION AND APPRAISAL REPORT OF THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE PLAN The Village Council of the Village of Key Biscayne will hold a public heanng on June 13 2006 at 7 00 p m n the Count I Chamber located at 560 Crandon Boulevard Key Biscayne Fonda to consider the adoption of the following resolut on A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN STATING THE INTENT OF THE VILLAGE COUNCIL TO AMEND THE MASTER PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT DIRECTING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163 3191 FLORIDA STATUTES PROVIDING FOR EFFECTIVE DATE A copy of the resolution and the proposed report may be obtained at Village Hall Office of the Village Clerk 88 W McIntyre Street Suite 220 Key Biscayne Florida 33149 Interested parties may appear at the public hearings and be heard with respect to the proposed item I accordance w th the Americans wrth D sab litres Act of 1990 all persons who are d sabled and who need special accommodations to part c pate n th s proceeding because of that disab hty should contact the Off ce of the Village Clerk 88 W McIntyre Street Suite 220 Key Biscayne Florida 33149 telephone number (305) 365-5506 not later than two business days pno to such proceeding Should any person des re to appeal any dec s on of the Vllage Council with respect to any matter to be cons dered at th s meet ng that person shall nsure that a erbat m record of the proceedings is made including all testimony and evidence upon which any appeal may be based (FS 286 0105) Conchrta H Alvarez CMC Village Clerk The Miami Herald A Knight Ridder Newspaper PUBLISHED DAILY MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authonty personally appeared Ivette Font, who on oath says that she is Account Executive Of The Miami HeraldlEl Nuevo Herald, daily newspapers published at Miami in Dade County, Flonda, that the advertisement for VILLAGE OF KEY BISCAYNE Were published in said newspaper in the issues dated 4/05/06 2C x 8 0" Metro & State Dade Pg 6 4/05/06 2C x 8 0 Metro & State Broward Pg 10 4/11/06 2C x 8 0" Metro & State Broward Pg 7 4/11/06 2C x 8 0' Metro & State Dade Pg 5 4/13/06 2C x 10' Metro & State Dade Pg 6 4/13/06 2C x 10" Metro & State Broward Pg 8 4/14/06 2C x 10" Metro & State Broward Pg 5 4/14/06 2C x 10' Metro & State Dade Pg 5 5/12/06 2C x 11" Metro & State Broward Pg 10 5/12/06 2C x 11" Metro & State Dade Pg 6 6/01/06 2C x 11" Miami Herald Main Pg A 27 Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a penod of one year next preceding the first publication of the attached copy of advertisement Sworn to and subscnbed before me 1 1 V PUBLIC c>r\TF OF FLORIDA Norma M Lugg Commission # DD507139 Expires MAR 05, 2010 Lc. -ided I hru Atlantic Bonding Co Inc Sp 06 Village of Key Biscayne Master Plan Evaluation and Appraisal Report Prepared with the assistance of Wallace Roberts & Todd, [LC Acknowledgements Village of Key Biscayne Residents, Property Owners, and Business Owners Vision Plan and Evaluation and Appraisal Report (EAR) Committee Edward Easton Chair Alan Fein Vice Chair Luis Arrondo Milt Berg Willie Borroto Martha Broucek Frank Caplan Bonnie Cooper Nancy Doke -Harrison Rachel Fried Village Council Dr Henny Groschel Becker Matthias Kammerer Debborah de Leon Dr Bob Maggs Dr Jorge E Mendia Edward Meyer Ana Rasco Veronica Scharf -Garcia Robert Oldakowski Mayor Robert L Vernon, Vice Mayor Enrique Garcia Councilmember Stephen Liedman Councilmember Jorge E Mendia Councilmember Thomas Thornton Councilmember Patricia Weinman Councilmember Village Staff Jacqueline Menendez Village Manager Jud Kurlancheek AICP Director of Building Zoning and Planning Stephen Helfman Weiss Serota Helfman et al P A Conchita H Alvarez CMC Village Clerk Consultants Wallace Roberts & Todd LLC VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN March 2006 Table of Contents Letter of Transmittal 1 Village Council Adoption Resolution 3 Executive Summary 4 1 Introduction 7 a Master Plan and Initial EAR 7 b Profile of the Community 7 c Purpose of the EAR 9 d Summary of EAR Requirements and Process 9 e Process of Public Involvement 11 f Key Biscayne 2020 Vision 12 2 Community -Wide Assessment 21 a Population Growth and Changes in Land Area 21 b Ethnicity and Race Components 22 c Population Projections 23 d Extent of Vacant and Undevelopable Land 25 e Location of Development in Relation to Master Plan 27 f Infrastructure Levels of Service 29 g Coordination of Land Use and Public School Planning 33 h Coastal High -Hazard Area Development Mitigation Strategies 35 3 Assessment of Master Plan Elements 37 a Future Land Use 37 b Traffic Circulation 44 c Housing 47 d Infrastructure 49 e Conservation and Coastal Management 51 58 Wallace Roberts & Todd, LLC 1 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN f Recreation and Open Space 60 g Intergovernmental Coordination 62 h Capital Improvements 65 4 Major Local Issues a Definition, Preservation and Enhancement of Key Biscayne's Unique Village Character and Quality of 67 Life b The Need for Additional Local Parks, Recreation 69 Space and Open Space c Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and Virginia Key - Interlocal Cooperation 74 Relative to Village Issues 76 d Traffic Volume, Operations and Safety 80 e Implications of Redevelopment 87 f Sustainability of Local Retail and Services g Vulnerability to Damage from Tropical Storms and 89 Hurricanes 92 h Need to Improve or Replace Infrastructure 96 1 Implications of Debt Cap j Conservation, Coastal Management and 97 Environmental Protection k Land Development in the Context of Master Plan 99 Goals, Objectives, and Policies Historic, Cultural and Educational Resources and 101 Needs 5 Consistency with Florida Growth Management 103 Laws 103 a State Comprehensive Plan, Chapter 187, F S b Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163 110 (Part II), F S 136 c Rule Chapter 9J-5, F A C 162 d Strategic Regional Policy Plan for South Florida 165 6 Conclusions and Recommendations Wallace Roberts & Todd, LLC 11 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN TABLES Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table 11 Table 12 Table 13 Table 14 Ethnicity Change in Key Biscayne and Miami -Dade County 1990- 2000 Nativity and Place of Birth 2000 Annual Average Change Population Projections for Key Biscayne and Miami Dade County 1990 to 2025 Population Projection Comparison Between Key Biscayne and Miami -Dade County Key Biscayne Residential Building Permits April 2000 - April 2005 Key Biscayne Commercial Building Permits April 2000 — April 2005 WASD Water System Capacity and Demand Comparison 1995-2020 Key Biscayne Parks and Recreation Level of Service Parks and Recreation Facilities Counted in 2005 Level of Service Calculations Median Household Income by Household Size in Miami -Dade County Affordable Housing Demand in Key Biscayne Projected Demand of Renter- and Owner -Occupied Units by Income based on ANNA Data Substandard Housing 2000 Sanitary Sewer and Water Conversion Project Progress FIGURES Figure 1 Key Biscayne Future Land Use Map Figure 2 Key Biscayne Zoning Map Wallace Roberts & Todd, LLC 111 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Letters of Transmittal 2006 Robert J Daniels AICP South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hollywood FL 33021 Re Adopted Key Biscayne Evaluation and Appraisal Report Dear Mr Daniels Enclosed is the adopted Village of Key Biscayne Evaluation and Appraisal Report contains the following 3 copies of the adopted EAR 3 copies of the resolution adopting the EAR by the Village Council 3 copies of the advertisement for the adoption hearing 3 copies of the minutes of that adoption hearing This package The public hearing for adoption was held on , 2006 A copy of dap sent to Department of Community Affairs Florida Department Transportation Di nct South Florida Water Managemept t Florida Department of Envjronmef aT Pt cti� Florida l4 r,Pent ofS ,His rrcalPie ery fon Flora Garf and Frq'`��� �ater , f4h Cc fjnsst9 t r° � J" Flor Department -of �tur b These packages„�y" rocs sei t si neously with this transmittal to your agency If you have questions regarding fe Akr pYeasecontact me or our consultants Silvia Vargas or Lindsey Withrow , 1 d /$R is being Jud Kurlanceh' Key Biscayne Dept of Building Planning and Zoning 88 West McIntyre Street Key Biscayne FL 33149 Tel 305 365 8908 Fax 305 365 5556 VKBBZP(c�ao! com ?,/ Lindsey Withrow and Silvia Vargas Wallace Roberts Todd 191 Giralda Avenue Penthouse Coral Gables FL 33134 Tel 305 448 0788 Fax 305 443 8431 lwithrow(a cq wrtdesicin com svargas a@cg wrtdesign com The report has been posted for public review at Key Biscayne Village Hall (88 West McIntyre Street Key Biscayne FL) Key Biscayne Public Library (299 Crandon Boulevard Key Biscayne FL) and the Key Biscayne Community Center (10 Village Way Key Biscayne FL) between A M and P M weekdays Please notify us at your earliest convenience regarding the completeness of this package Sincerely Jud Kurlanchek Director of Building Planning and Zoning Wallace Roberts & Todd, LLC 1 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 2006 Charles Gauthier AICP Florida Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 Re Adopted Key Biscayne Evaluation and Appraisal Report Dear Mr Gauthier Enclosed is the adopted Village of Key Biscayne Evaluation and Appraisal Report The package contains the following 3 copies of the adopted EAR 3 copies of the resolution adopting the EAR by the Village Cour)cil 3 copies of the advertisement for the adoption hearing // 3 copies of the minutes of that adoption hearing The public hearing for adoption was held on e; - 006 A9 opyo'theA lopted EAR is being sent to Florida Department Transports fib Southt;l$ d Ri i t fanni g Co i )I Soufh 'I' i a W"af aagern' t i ict Fl9nS1a epartme t on iiiror entA rotection Fiprtcale p artm of S eHistorical Preservation Flpl1 a + v'ee apFri �a�Fish Commission Florida C rtr bbf ciriculture ' These pacAar r being sent simultaneously with this transmittal to your agency If you have questions regarding the EAR please contact me or our consultants Silvia Vargas or Lindsey Withrow Jud Kurlanchek Key Biscayne Dept of Building Planning and Zoning 88 West McIntyre Street Key Biscayne FL 33149 Tel 305 365 8908 Fax 305 365 5556 VKBBZP aol com Lindsey Withrow and Silvia Vargas Wallace Roberts Todd 191 Giralda Avenue Penthouse Coral Gables FL 33134 Tel 305 448 0788 Fax 305 443 8431 Iwithrow a@cg wrtdesign com svarmas(c�cq wrtdesiqn com The report has been posted for public review at Key Biscayne Village Hall (88 West McIntyre Street Key Biscayne FL) Key Biscayne Public Library (299 Crandon Boulevard Key Biscayne FL) and the Key Biscayne Community Center (10 Village Way Key Biscayne FL) between A M and P M weekdays Please notify us at your earliest convenience regarding the completeness of this package Sincerely Jud Kurlanchek Director of Building Planning and Zoning Wallace Roberts & Todd, LLC 2 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Village Council Adoption Resolution [to be inserted] Wallace Roberts & Todd, LLC 3 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Executive Summary The Village of Key Biscayne Master Plan was adopted on September 12 1995 and accepted by the Department of Community Affairs on October 20 1995 Preparation of Key Biscayne s first Evaluation and Appraisal Report (EAR) reveals that the Village has diligently implemented the Master Plan s goals policies and objectives with few exceptions The EAR Process Key Biscayne s first EAR was prepared and adopted pursuant to Florida Statutes Section 163 3191 This EAR was developed a Council -appointed committee of residents referred to as the 2020 Vision Plan/Evaluation and Appraisal Report Committee with the assistance of the Building Zoning and Planning Finance Public Works and Parks and Recreation Department staffs as well as the Village Manager Village Attorneys and other Village departments all supported by the active and engaged leadership and direction of the Village Council In addition consultants engaged by the Village Wallace Roberts & Todd LLC provided valuable background, structure and advice 2020 Vision/EAR Committee Members represented a broad array of local constituencies and viewpoints and also added relevant and valuable experience expertise and background to the EAR process The Committee, and a sub- committee selected to address issues related to the EAR in particular met more than a dozen times over a period of 10 months to complete this task Each Committee and Sub -Committee meeting was open to public attendance and comment Further, the Committee reached out actively to the community at large and implemented a vigorous public participation program in addressing the EAR The result were vigorous, informed and wide -reaching debates, touching on virtually all aspects of the Master Plan and on residents individual and collective sensibilities about Key Biscayne and future challenges and opportunities This EAR was undertaken simultaneously and on a parallel track with a local "visioning and planning exercise referred to as 2020 Vision The 2020 Vision exercise and EAR work were mutually interconnected and supportive The work and focus of each informed the other The 2020 Vision Statement was adopted by the Village Council as an exercise in self-criticism and self -definition and as a source of guidance for at least a fifteen year time horizon The 2020 Vision Statement is printed in full in the EAR, and its tenets and possible planning implications remain under consideration for possible inclusion in future Master Plan amendments Wallace Roberts & Todd, LLC 4 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN EAR Findings The EAR addresses the inquiries and follows the requirements specified in Florida Statutes, Section 163 3191 manifesting particular attention to the list of Major Issues presented to the Florida Department of Community Affairs (DCA) in a Letter of Understanding on March 7 2005 and incorporating recommendations included in the DCA s response Following an introduction, which includes a reprint of the 2020 Vision Statement, the EAR assesses current and projected conditions and changes in the community since adoption of the 1995 Master Plan Key points include • While Key Biscayne is an area of moderate population growth in comparison to other municipalities in Miami -Dade County, its growth rate is dropping and its population is predicted level by 2010 according to Miami -Dade County projections • The percentage of people over the age of 65 has dropped over the past decade as the number of family households with children under the age of 18 has grown In the report s evaluation of the coordination of land use and public school planning, it found that increased County -wide demand on educational facilities and services emphasizes the need for cooperation and synchronization between jurisdictions • No land has been annexed no land is available for annex and no vacant lots remain in Key Biscayne Future growth will occur in the form of redevelopment The composition of the Village will continue to evolve as older housing stock is knocked down and replaced by larger dwelling units a trend that is evident today and likely to continue until around 2047 • All new construction and redevelopment since 1995 has occurred in accordance with the Future Land Use Map and complies with FEMA and Coastal High Hazard Area regulations • Assessments of current and forecasted infrastructure levels of service for transportation, sanitary sewer and potable water, and solid waste management reveal facilities adequately equipped to meet predicted demand and emphasize the need for continued interlocal cooperation The EAR then analyzes in detail each element of the 1995 Master Plan including successes, impediments and status, taking into account past implementation, pending work and changed conditions Overall, the Village has very successfully implemented the Plan, either already completing projects or on track to do so As a prelude to specific Master Plan amendments proposed in the EAR, we then analyze our principal local issues, from today s perspective but also in terms of the 1995 Master Plan objectives, policies and goals These issues include Wallace Roberts & Todd, LLC 5 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Definition Preservation and Enhancement of Key Biscayne s Unique Village Character and Quality of Life • The Need for Additional Local Parks Recreation Space and Open Space • Calusa Park Crandon Park Bill Baggs Cape Florida State Park and Virginia Key - Interlocal Cooperation Relative to Village Issues • Implications of Redevelopment • Traffic Volume Operations and Safety • Sustainability of Local Retail and Services • Vulnerability to Damage from Tropical Storms and Hurricanes • Need to Improve or Replace Infrastructure • Implications of Debt Cap • Conservation Coastal Management and Environmental Protection • Land Development in the Context of Master Plan Goals Objectives and Policies • Historic, Cultural and Educational Resources and Needs We then consider the extent to which our Master Plan is consistent with other Florida growth management laws based on changes since 1995 The Master Plan is substantially in compliance with relevant changes, where not recommendations to the Master Plan have been suggested Finally, we address our conclusions and various recommendations for Master Plan amendments In addition to updating dates, removing obsolete policies and objectives, and making modifications to the Future Land Use map, our recommendations include • Undertake studies of traffic congestion and levels of service, • Place a greater emphasis on the Village s commitment to exploring innovative solutions for the provision of affordable housing • Explore new ways to integrate green technologies into public facilities and • Consider means of revenue -raising to support public trust acquisition of recreation lands and open space and preservation of historic landmarks We conclude by highlighting the ongoing nature of this work, as we continue discussion about our 2020 Vision and related ideas to protect and improve the characteristics of and aspirations for Key Biscayne that we have identified as defining and valuable Wallace Roberts & Todd, LLC 6 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 1 Introduction a Master Plan and Initial EAR The Village of Key Biscayne was incorporated on June 23 1991 Previously the community was part of unincorporated Miami -Dade County The Village of Key Biscayne Master Plan was adopted by the Village Council by Ordinance 95-8 on September 12 1995 and accepted by the Department of Community Affairs on October 20, 1995 In anticipation of incorporation committees of interested residents actively studied Key Biscayne and growth management principles beginning in approximately the fall of 1990 Active public participation resulted, focusing especially on various qualities that were thought to define Key Biscayne as it was in the past as it had become and as it could be in the future Broad public interest in these questions continues today This is Key Biscayne s first Evaluation and Appraisal Report (EAR) developed pursuant to F S Section 163 3191 This EAR was developed with the active participation and assistance of a committee of residents appointed by the Village Council, called the 2020 Vision/EAR Committee, and other residents as well as Wallace Roberts & Todd consultants to the Village b Profile of the Community Bounded by Crandon Park to the north and Bill Baggs Cape Florida State Park to the south the Village of Key Biscayne occupies approximately 1 5 square miles1 in the center of Key Biscayne, the southernmost sandy barrier island in a chain of islands extending along the Atlantic coast of the United States The island s deep sands overlying coral rock differentiate Key Biscayne positioned just southeast of downtown Miami from the rocky Florida Keys and support distinctive beach, dune, hammock and mangrove ecosystems Due to its relatively low elevation and direct exposure to the Atlantic Ocean Key Biscayne is in a high -risk flood zone, it is classified by FEMA as flood elevation AE and often one of the first areas in Miami -Dade County to be evacuated in a storm emergency The only vehicular access to and from the mainland is via the four -to -six lane Rickenbacker Causeway The Village has experienced storm damage in the past, most recently as a result of Hurricane Wilma in October 2005 1 Land area covers 1 28 square miles water area covers 0 12 square miles with a total incorporated area of 1 39 square miles Wallace Roberts & Todd, LLC 7 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN The transformation of Key Biscayne from a coconut plantation into a quiet Miami bedroom community bordered by parks began with the dedication of the first Rickenbacker Causeway (a drawbridge) and Crandon Park in November 1947 The southern two-thirds of the island were platted in several subdivisions with different lot sizes and restrictions The Mackie Construction Company and other developers built hundreds of modestly priced one-story homes in the 1950s and 1960s that were purchased primarily by WWII veterans and young families The Mackles built an elementary school and Key Biscayne Hotel and Villas which catered to tourists The southern third of the island escaped development and became Cape Florida State Park in January 1967 Key Biscayne received international attention in 1969 when then U S President Richard Nixon established his Florida White House complex on the bay side of the island The publicity of Presidential visits through 1973 sparked awareness of Key Biscayne as a destination An increase in development and real estate value was triggered by the 1987 opening of the high -span William Powell Bridge which replaced an existing drawbridge By the late 1980s Key Biscayne had become a mature suburb within unincorporated Miami -Dade County known for its quiet natural beauty and small-town character The Village of Key Biscayne was incorporated on June 23 1991 after nine years of citizen effort toward self -governance The vote to incorporate capped a long effort to obtain better services from the County, improved fiscal control and local control over growth within the Village A charter with a Council -Manager form of government was adopted to provide for local control over development improved infrastructure and services, and better governmental process Many improvements that were desired in 1991 have been achieved through the efforts of local government as well as the determination and commitment of Key Biscayne residents The effectiveness of self -governance was validated by the creation of new first-rate Fire Rescue and Police Departments and by 1996 a Zoning Code tailored to meet the development needs of the Village In 1995 after years of public education and participation, the Village of Key Biscayne adopted its first Master Plan which identified deficiencies and needed or desired improvements Many of the Plan s goals, objectives, and policies have been realized In addition to excellent fire - rescue and police services, the Village has an attractive (and debt -free) Village Green more local parks a renourished beach with protective dune systems a vastly improved stormwater drainage system an expanded K- 8 public school, an architecturally distinguished Civic Center complex, a new highly -used Community Center, reduced Village -wide speed limits street -by -street tree plantings and landscaping, street lights and pavers, Wallace Roberts & Todd, LLC 8 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN sidewalks landscaped traffic calming devices and the lowest millage rate of any municipality in Miami -Dade County The Village of Key Biscayne in 2005 enjoys outstanding natural beauty and the best of both worlds a sense of separateness as a serene secure island sanctuary coupled with convenient access to services, activities and amenities on the mainland Key Biscayne s popularity as a destination for both daily and seasonal tourists will continue Residential commercial and hotel properties are largely built out, yet the community is changing again via redevelopment c Purpose of the EAR The purpose of the EAR is to evaluate and assess the effectiveness successes and failures of a local municipality s master plan in accomplishing its adopted objectives policies and standards as well as to suggest ensuant changes or amendments The State of Florida s local government master planning law Chapter 163 Part 2 Florida Statutes (F S) requires that all counties and municipalities throughout Florida maintain master planning programs to guide their long-range growth and development and that master planning should be a continuous and ongoing process As a part of this process local governments are required to monitor numerous community characteristics relating to development provision of services environmental protection and governmental activities and to periodically prepare Evaluation and Appraisal Reports addressing implementation of the master plan Moreover the law provides that the EAR process shall be the principal process for updating local master plans to respond to changes in state regional and local policies on planning and growth management and changing conditions and trends, to ensure effective intergovernmental coordination, and to identify major issues regarding the community s achievement of its goals d Summary of EAR Requirements and Process As required by Sec 163 3191(2), F S, the EAR must address the following items 1 Major local issues as identified by the local government with input from state agencies, regional agencies adjacent local governments and the public, and the potential social economic and environmental impacts of these issues 2 Location of existing development with respect to the location of development as anticipated in the Key Biscayne Master Plan as Wallace Roberts & Todd, LLC 9 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN adopted in 1995 population growth and changes in land area including any annexations and the extent of vacant and developable land 3 Effect on the Master Plan of changes to the state comprehensive plan Chapter 163 Part 2 Chapter 9J-5 Florida Administrative Code (FAC) and the strategic regional policy plan since the adoption of the Master Plan 4 Whether Master Plan objectives within each element have been achieved with respect to major local issues 5 The extent to which unanticipated and unforeseen problems or opportunities have occurred since the 1995 Master Plan adoption or resulted in problems or opportunities with respect to the major local issues and their social economic and environmental impacts 6 Identification of any corrective actions or measures including whether plan amendments are recommended to address the major local issues identified and analyzed in the EAR 7 Coordination of the Master Plan with existing public schools and those identified in the applicable educational facilities plan adopted pursuant to Chapter 1013 35, F S assessment of the success or failure of the coordination of the future land use map and associated planned residential development with public schools and joint decision -making processes between the local government and the school board toward establishing appropriate population projections and the planning and siting of public school facilities 8 Consideration of the appropriate water management district s regional water supply plan, and revision of the potable water element to include a work plan covering at least a 10 -year planning horizon for building any water supply facilities identified as necessary to serve existing and new development and for which the local government is responsible 9 Evaluation of whether any reductions in land use density within the coastal high -hazard area impairs the property rights of current residents upon redevelopment, including that following a natural disaster 10 Process for public involvement F S Section 163 3191 further specifies the procedures and criteria for the preparation transmittal adoption and sufficiency review of local government s EARs and EAR -based Master Plan amendments, if any By agreement with the Department of Community Affairs (DCA), Key Biscayne s adopted EAR will be transmitted to the South Florida Regional Wallace Roberts & Todd, LLC 10 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Planning Council (SFRPC) for sufficiency review DCA will retain ultimate review authority If the EAR recommends Master Plan amendments, such amendments will be consistent with the findings and recommendations contained in the adopted EAR FS Section 163 3191 requires EAR -based Master Plan amendments to be adopted within eighteen (18) months after the EAR is determined to be sufficient An EAR is required to be completed every seven (7) years subject to scheduling as determined by DCA This constitutes the first evaluation and appraisal of the Key Biscayne Master Plan This EAR reflects the Village s best efforts at interpreting the major issues and factors to be addressed and the scope of work contained in the Letter of Understanding between DCA and the Village (included in the Appendices of this document) as well as the Florida Statutes Administrative Code and other guidance documents issued by DCA e Process for Public Involvement This EAR was prepared and adopted pursuant to Florida Statutes, Section 163 3191 The EAR was developed a Council -appointed committee of residents —referred to as the 2020 Vision Plan/Evaluation and Appraisal Report Committee —with the assistance of the Village staff and consultants Wallace Roberts & Todd, LLC as well as the support and leadership of the Village Council 2020 Vision/EAR Committee Members represented a broad array of local constituencies and viewpoints, and also added relevant and valuable experience expertise and background to the EAR process The Committee and a sub -committee selected to address issues related to the EAR in particular met more than a dozen times over a period of 10 months to complete this task Each Committee and Sub -Committee meeting was open to public attendance and comment Further, the Committee reached out actively to the community at large and implemented a vigorous public participation program in addressing the EAR The result were vigorous, informed and wide -reaching debates touching on virtually all aspects of the Master Plan and on residents individual and collective sensibilities about Key Biscayne, and future challenges and opportunities This EAR process was undertaken simultaneously and on a parallel track with a local visioning and planning exercise referred to as 2020 Vision The 2020 Vision exercise and EAR work were mutually interconnected Wallace Roberts & Todd, LLC 11 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN and supportive The work and focus of each informed the other The 2020 Vision Statement was adopted by the Village Council as an exercise in self-criticism and self -definition, and as a source of guidance for at least a fifteen year time horizon The 2020 Vision Statement is printed in full in the following section and its tenets and possible planning implications remain under consideration for possible inclusion in future Master Plan amendments f Key Biscayne 2020 Vision The preparation of this EAR was conducted in close coordination with an ambitious community visioning process which began in April 2005 To ensure a fully coordinated consensus -driven outcome the Village Council appointed a broadly representative residents steering committee —the 2020 Vision/EAR Committee —to guide both processes The visioning process is intended to create a framework for strategic decision -making to guide the long term future of the community The 2020 Vision process began with a series of public committee and sub- committee meetings culminating in SWOT (Strengths Weaknesses Opportunities and Threats) exercises conducted with the 2020 Vision/EAR Committee (April 11 2005) the Village Council (June 28, 2005) and the community at large (June 9 and June 11 2005) In all approximately 150 individuals took part in this step, providing extensive input about the community s concerns, values aspirations and priorities The exercises sought responses from participants on two questions pertaining to present conditions in the Village and two questions pertaining to perceptions or expectations about future conditions as follows Present Strengths and Weaknesses • What present characteristics of Key Biscayne do we consider strengths (qualities worth retaining) and attnbutes that define our character and quality of life • What characteristics can we categorize as weaknesses (problems or deficiencies requiring attention) Future Opportunities and Threats • What opportunities should we seize to improve character and quality of life of the Village in the future • Which conditions or trends can we interpret as threats to our character or quality of life which we should prevent? Wallace Roberts & Todd, LLC 12 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Although hundreds of ideas and comments were recorded a reasonably clear consensus emerged on the top priority issues in each of the discussion topics which are summarized below KEY AREAS OF COMMUNITY CONSENSUS Strengths 1 Strong Sense of Community the island s history the neighborliness and friendliness of its residents, an engaged citizenry and the physical smallness of the community —create a strong sense of community self- awareness and a desirable "small-town" environment 2 Quality of Life the community s self-reliance a safe peaceful, and quiet setting the beauty environmental value, and quality of government services and amenities contribute to an exceptional quality of life 3 Location the advantages of convenient proximity to major employment and activity centers in Miami -Dade County, coupled with the separation and distinct island identity 4 Natural setting/Environment the beauty, amenity and environmental value of a barrier island with a tropical landscape and climate, the scenic open space and dual waterfront on the bay and ocean 5 Community Services and Facilities the elemiddle (K-8) school, Village Green civic center, public safety, and myriad recreational opportunities Weaknesses 1 Community Facilities and Services recreational opportunities abound but insufficient parks and playing fields and a lack of land for future public facilities deficient maintenance of the community s public spaces 2 Mobility, Transportation and Parking traffic congestion lack of pedestrian/bike/golf cart provisions and related safety concerns, lack of connectivity between individual commercial uses, as well as between the commercial and residential areas, and issues related to what is perceived as unsatisfactory performance of existing traffic calming treatments/poor execution of traffic calming techniques Wallace Roberts & Todd, LLC 13 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 3 Growth and Development Impacts perception of excessive density the construction of new homes which are out of scale with the size of lots and with the surrounding development blocked views of the water, and overcrowded facilities 4 Changing Community a growing non-permanent/transient population the loss of island spirit which is manifest in among other things a lack of respect for the community s public areas apathy/lack of involvement and seeming elitism and sense of entitlement 5 Infrastructure deficiencies cited include the incomplete central sewer the presence of overhead utilities storm drainage problems and poor road maintenance 6 Planning/Zoning/Regulations weak or ineffective planning and regulations, lack of long-term vision , lack of or inconsistent enforcement 7 High Cost of Living higher costs associated with living in a coastal community from disaster insurance to construction costs increasing property values and lack of affordable housing all have the effect of decreasing the diversity of the community 8 Limited Range of Retail and Services in particular the small number and variety of restaurants the narrow range of retailers and services and limited cultural/entertainment features and venues Opportunities 1 Parks and Open Space to acquire land for additional parks, to expand ocean/bay access, to develop trails and protect natural areas 2 Community Services/Facilities/Amenities to expand the recreation center, to build a community theater and other cultural facilities, to improve education and consider a high school 3 Improve Transportation/Circulation to reduce vehicular congestion, provide additional facilities/improve connectivity for pedestrian cyclists and golf carts, provide commercial area access from Fernwood and expand public transportation and traffic calming Wallace Roberts & Todd, LLC 14 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 4 Development/Redevelopment Controls to control density and intensity, preserve needed services and businesses control building scale and improve landscape requirements 5 Community Interactions to improve communication/dialogue among diverse community groups as well as between the Village and its residents to improve civic involvement 6 Seniors and Families to provide for elder care on island encourage affordable housing 7 Infrastructure to improve road conditions expand/complete the sewer system, to upgrade lighting signage, landscaping and stormwater Threats 1 Overpopulation/Unfettered Development rezonings to increase density oversized homes impacting older neighborhoods loss of small town character 2 Impacts of External Development excessive development/traffic generation from Virginia Key and causeway development 3 Degradation of the Environment beach erosion, pollution, and the loss of biological diversity, open space and scenic beauty 4 Traffic/Mobility/Parking congestion and delays related to the single island accessway, increased traffic, safety problems 5 Village Government unresponsive, bureaucratic, over -restrictive fiscal limitations, lack of intergovernmental coordination 6 Loss of Community Character/Identity degraded aesthetics, loss of community spirit, factionalism, excess tourism/visitation 7 Hurricanes/Natural Threats lack of preparedness failure to evacuate power failures, storm surge 8 High Cost of Living ever -escalating property values and taxes are perceived as a potential threat to the quality of life and socioeconomic diversity of the community 9 Schools lack of high school, overcrowded classrooms Wallace Roberts & Todd, LLC 15 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 10 Crimellllegal Activity The input received through the SWOT exercises and the resulting areas of community consensus identified in the above summary provided the 'raw material for the articulation of the Key Biscayne 2020 Vision Statement which follows 2020 Vision Statement Key Biscayne in 2005 What We Value Surrounded by parks Biscayne Bay and the Atlantic Ocean the Village of Key Biscayne enjoys outstanding natural beauty a compelling sense of place lush landscaping, and a unique small-town ambiance that leads many residents and visitors to call it Island Paradise Our close proximity to metropolitan Miami -Dade County allows us to enjoy the best of both worlds a sense of separateness as a serene, secure island sanctuary coupled with convenient access to services activities and amenities on the mainland Our relaxed island style is evident in our people our active lifestyles, and our shared enjoyment of living across the bridge in a close-knit nurturing community The Village is a vibrant and interactive place made more interesting by our cultural diversity neighborliness and commitment to fellowship and community spirit The Past as Prologue Aspirations and Accomplishments The Village of Key Biscayne was incorporated on June 23 1991 to provide for local control over development, improved infrastructure and services, and better governmental process We adopted a charter elected our first Village Council (then called the Board of Trustees), hired a manager and built our local govemment from scratch In turn we established fire -rescue, police and other departments and adopted zoning and other municipal codes In 1995, after years of public education and participation, we adopted our first Master Plan Our Master Plan identified deficiencies and provided for many needed or desired improvements Because of our early vision, planning and follow through, we now enjoy excellent fire -rescue and police services a debt -free Village Green, an architecturally distinguished Civic Center complex including a well -used Community Center more local Wallace Roberts & Todd, LLC 16 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN parks a renourished beach with protective dune system a vastly improved stormwater drainage system an expanded K-8 public school, street -by -street tree plantings and landscaping street lights and pavers sidewalks landscaped traffic calming devices reduced Village -wide speed limits and the lowest millage rate of any municipality in Miami -Dade County 2020 Vision Statement Keeping the "Village" in our Village Now a decade after adopting our Master Plan we are developing our first Master Plan Evaluation and Appraisal Report as required by law As an interconnected exercise we also are developing this Vision Statement as the first part of a Vision Plan for 2020 Recognizing that the 1995 Master Plan benefited from prior years of study visioning and community participation, we sought extensive public input for our 2020 Vision engendering lively debates We speak about Keeping The Village in Our Village This means that we wish the Village to retain the intrinsically positive qualities described herein Our 2020 Vision is meant to supplement our Master Plan by communicating our values and goals and by suggesting strategies and actions to achieve those goals By implementing our Vision Plan in the ensuing years through 2020 we will have Community Character and Quality of Life • Maintained our small-town, island character by managing the scale and density of development on a neighborhood -by -neighborhood basis • Enhanced our streetscapes parks civic realm and open spaces with a well -maintained subtropical plant palette suited to our island • Practiced responsible stewardship of our natural environment by protecting our tree canopy, natural habitats, beaches dunes, and nearshore water quality • Expanded our array of passive parks, open spaces and active recreation facilities through carefully directed property acquisition and redevelopment, to include small-scale neighborhood parks, a restored protected Calusa Park with improved pedestrian access additional playing fields and bikeways and trails Wallace Roberts & Todd, LLC 17 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Enhanced local high -quality education from early childhood programs to lifelong learning for adults in close coordination with public and private schools • Expanded our cultural facilities activities special events and historic preservation efforts and provided a physical setting for a cultural center theater and local history museum • Maintained extremely high levels of quality and responsiveness in our government departments including police fire and emergency medical services • Worked effectively with the State of Florida Miami -Dade County and the City of Miami to influence and mitigate the impact of new development on Virginia Key and of visitors to the regional attractions and parks that surround the Village • Expanded and improved visual and physical access to Biscayne Bay and the Atlantic Ocean • Recognized the positive economic impact of tounsm and the role of hotels in providing amenities to residents and as community partners Sustainable Community Structure • Encouraged redevelopment of outdated commercial areas to preserve and expand local -serving retail and professional businesses and services in well -designed, accessible and interconnected centers • Attained safe pleasant and convenient pedestrian and cycling linkages between neighborhoods schools parks civic and recreational sites and commercial properties • Established a well -integrated vehicular transportation system that - provides for maximum safety considerations - successfully manages traffic congestion from residents day visitors workers and special events, - reduces local use of automobiles by encouraging pedestrian bicycle and golf cart transport, - expands transit use including off -island bus routes and on -island shuttles Wallace Roberts & Todd, LLC 18 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN - incorporates well -designed and constructed traffic calming applications, - improves local access to Crandon Boulevard commercial areas from Fernwood Road and - includes a proactive street maintenance program • Upgraded our infrastructure where feasible and affordable by expanding sewer service in areas formerly served by septic systems, by replacing antiquated water pipe systems and by burying overhead utilities People and Relationships • Encouraged volunteerism and community involvement and included citizens as active participants in civic affairs and community service • Provided our multi -generational community with nch civic, cultural recreational and educational opportunities for children, youth, adults and seniors • Promoted effective and respectful communication among residents who have different opinions • Encouraged and provided programs and solutions by which young adults and senior citizens can remain residents of the Village Governance • Operated our government in a transparent respectful, responsive and efficient manner, using innovative communication methods to raise citizen awareness • Managed judiciously our tax revenues, public spending, debt and capital projects, and identified clear cntena for spending priorities • Provided excellent public safety services for our residents and visitors • Maintained Village property and landscaping at high levels of excellence Wallace Roberts & Todd, LLC 19 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Effectively engaged the City of Miami Miami -Dade County and the State of Florida on regional issues that influence the quality of life in the Village • Partnered with the City of Miami and Miami -Dade County to implement a Virginia Key Master Plan that ensures environmentally sensitive development a new high school lighted playing fields and traffic mitigation along the Causeway Conclus►on Changes, Opportunities and Challenges The 2020 Vision Statement is being drafted at a time of continued change in the Village of Key Biscayne The commercial properties at our Village entrance the oceanfront Silver Sands Motel and various apartment and condominium properties are susceptible to near -term redevelopment The ultimate use of the Village owned property facing Crandon Boulevard and the Civic Center is undetermined Starting in 2006 the existing Sonesta Beach Resort will be demolished and rebuilt Comprehensive new development is planned for Virginia Key and must be closely monitored to assure compatible uses and manageable Causeway impacts Without foresight and planning many improvements we value and even take for granted today may not have come about We recognize the successes that came from our previous planning efforts and we will continue to plan and act for our best future The attention we give to the future strengthens our community today and helps instill in our children and neighbors a valued ethic of citizenship These are worthy goals in themselves Change is both inevitable and not entirely predictable, and Keeping The Village in Our Village is not necessarily assured With this in mind we hope the vision and planning contained in this document will be of lasting value to the Village by informing the decisions and guiding the actions of future residents and Village Councils Above all we mean to preserve those values standards and ideals that define our vision of Island Paradise Wallace Roberts & Todd, LLC 20 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 2 Community -Wide Assessment a Population Growth and Changes in Land Area The Miami -Dade County Department of Planning and Zoning (MDCDPZ) identifies Key Biscayne as an area of moderate growth in comparison to other municipalities in the County According to the U S Census the population of Key Biscayne increased from 8 854 people and 3 831 households in 1990 to 10 507 individuals and 4 529 households in 2000 The additional 1 653 persons equate to a 19 percent growth in population, or about 1 9% per year By comparison during the same decade the total population of the County —the eighth largest in the nation by population — increased by 316 268 individuals and 84 419 new households a growth rate of approximately 16% The University of Florida reported the 2004 population of the Village to be 11 160 producing an average yearly growth rate between 2000 and 2004 of 1 6 percent This drop in the growth rate compared to the preceding decade mirrors an increasingly limited supply of undeveloped land on the island The average size of families in the Village increased from 2 85 persons per family in 1990 to 2 99 persons per family in 2000 the average household size grew from 2 31 to 2 47 over the same period These increases may be correlated to an overall worsening in traffic congestion presumed to be generated by an anecdotally reported increase in the number of cars per household in the Village According the state Department of Motor Vehicles, the number of registered vehicles on in January 2006 is 10,582 The Department is currently unable to provide historical data for the purposes of comparison 2 However the figure provided may serve as the basis for a future study analyzing the patterns in internally -generated traffic congestion Family households with children under the age of 18 grew from 939 in the 1990 U S Census, to 1 404 in 2000 (approximately 32% of the total households) an increase of 465 families with children Overall the population under the age of 18 years in the Village grew by almost 55% 2 According to the DMV due to the pnor configuration of its database histonc registered vehicle counts denved from addresses or zip codes may be inaccurate It was possible for a vehicle to mistakenly be counted more than once the address field was associated with the customer not to the vehicle record therefore if a customer changed his or her address more than once in a calendar year the vehicle record would have been double -counted Wallace Roberts & Todd, LLC 21 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN between 1990 and 2000 (from 1 646 to 2 547) Today children under the age of 18 years represent 24 2% of the total population This trend has burdened the capacity of local schools and is critical to short medium and long term educational facility planning To address this problem in February 2003 Key Biscayne signed an interlocal agreement with Miami - Dade County Public Schools and 24 municipalities to coordinate region - wide educational facilities planning site selection and acquisition and construction The percentage of people over the age of 65 has dropped over the past ten years Whereas in 1990 persons 65 years or old comprised 17 2 percent of the population in 2000 they were 15 6 percent Despite its overall decrease in percentage of total population composition the aging population continues to be particularly affected by the island s limited supply of affordable housing —Key Biscayne s long-term elderly residents are often not able to afford the increase in taxes when they attempt to downsize—and evacuation during tropical storms and hurricanes To address the latter issue in early 2006 a committee will convene to address the vulnerability of residents during and after severe storms Comprised of residents and the led by the fire chief it will emphasize assisting the elderly and others who may have restricted mobility and health needs Census figures support a related trend anecdotally reported by residents formerly transient apartments and condominiums once occupied by retirees and empty -nesters are now occupied by families who live in Key Biscayne year round A comparison of the percentage of total households in 1990 and 2000 comprised of a person age 65 or older living alone dropped from 9 1 to 8 9, respectively Key Biscayne s population growth has caused only very minor changes in land area given the municipality s finite land resources and minimal amount of vacant land b Ethnicity and Race Components The 2000 U S Census describes the racial makeup of the Village as 95 46% White, 0 46% African American 0 01% Pacific Islander, 0 14% Native Amencan, 0 92% Asian, 1 49% from other races, and 1 52% from two or more races In the year 2000, 49 79% of the Village s population was classified as of Hispanic origin of any race This represents an increase of 38% or 1,441 persons of Hispanic or Latino origin since 1990 Wallace Roberts & Todd, LLC 22 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN It is noteworthy that, as recently as 1980 there was no majority group in Miami -Dade County Rather there were three large ethnic groups non - Hispanic Whites, Hispanics and Blacks However this balance began to shift and became very evident in the 1990s In 2000 Miami -Dade County was the first and only county in Florida with a Hispanic majority (57%) Although Key Biscayne has not yet crossed that threshold it is very close Table 1 Ethnicity Change in Key Biscayne and Miami Dade County 1990 2000 Ethnicity 1990 2000 Key Biscayne Miami Dade Co Key Biscayne Miami Dade Co White (Non Hispanic)/% 4 897/55% 585 607/30% 5 059148% 465 772/21% Black (Non Hispanic)/% 36/<1% 369 621/20 5% 28/<1% 427 140/20% Other (Non Hispanic)!% 131/1% 28 459/1% 190/2% 68 713/3% Hispanic%/ 3 790/43% 953 407149% 5 236/50% 1 291 737157% Total 8 854 1 937 094 10 513 2 253 362 Sources U S Census Bureau 1990 and 2000 Census 2003 Miami Dade County EAR Over 54%, or 5 723 persons of the 2000 Key Biscayne population were born outside the US —although 46% of that number comprised naturalized or native citizens Of those born abroad, 76 6% were natives of Latin America Table 2 Nativity and Place of Birth, 2000 Key Biscayne % Increase Bork to U _ , ,- >. 4 1-$4,-e 4 46-4 porn in Ftortda r Z,054 : 10 6 Bom tn'different state , ,. 2 700 . - ~ 2 8 Born outside U S - - - 445 4 2 .. Naturalized citizen 2 224 21 2 Not a citizen 3 054 29 2 Total 10 477 Sources 2000 U S Census ePodunk Nearly 59% of the total population of Key Biscayne speaks Spanish at home but only 14 4% of these described their command of the English language as less than proficient, according to the 2000 U S Census c Population Projections This EAR will rely primarily on population projections generated by MDCDPZ The projections were updated in 2003 to reflect Census 2000 Wallace Roberts & Todd, LLC 23 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN data and were used by Miami -Dade County in the preparation of its own EAR, adopted in 2003 as the basis for the County s Comprehensive Development Master Plan amendments According to the Miami -Dade County EAR the 2003 projections were developed in the same manner as previous series with births deaths and net migration treated separately first and then combined to arrive at the totals used in this report As in all projections assumptions are made about a number of factors in particular those related to net migration flows Based on observable trends countywide immigration comprising mostly foreign migrants, is expected to be a constant and to remain at fairly high levels For Key Biscayne the projections generated by MDCDPZ indicate that, while the population will continue to increase in the county as a whole, the local rate of growth will trend toward zero after 2010 as the Village approaches build -out capacity (estimated at approximately 5 800 dwelling units at current zoned densities Using average family size reported by the 2000 Census the build -out population would be approximately 17 400 Using average household size the build -out population is projected to be 14,326) Table 3 Annual Average Change Population Projections for Key Biscayne and Miami Dade County 1990 to 2025 Area Change Change Change Change Change Change Remaining Population 1990 00 2000-03 2000 10 2010 15 2015-20 2020 25 Capacity at Capacity Key Biscayne 166 216 109 -35 0 0 0 11 425 Miami -Dade Co 31 608 29 729 29 792 30 366 31 014 32 320 30 778 3 050 563 ource Miami Dade County Department of Plann ng and Zoning Research Section 2003 Table 4 Population Projection Comparison Between Key Biscayne and Miami Dade County 2000 2003 2010 2015 2020 2025 Key Biscayne 10 507 11 160 11 600 11425 11 425 11 425 Increase - 647 440 175 0 0 Percent Increase - 6 2% 3 9% 0 98% 0 0 Miami Dade County 2 253 362 2 342 551 2 551 283 2 703114 2 858 184 3 019 785 Increase - 89189 208 732 151 831 155 070 161 601 Percent Increase - 3 9% 8 9% 5 9% 5 7% 5 7% ource 2000 Census Miami Dade County Department of Planning and Zoning Planning Research 2003 Reaching build -out capacity does not imply that no further development will take place Rather, as the Village arrives at this stage, future growth will occur in the form of redevelopment Therefore the Village should seize opportunities to guide this redevelopment in a manner consistent Wallace Roberts & Todd, LLC 24 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN with the community s vision relating to desired scale and character and explore ways to retain and enhance existing and introduce new, activities that expand the self-sufficiency of the Village d Extent of Vacant and Developable Land In 1995 there were 86 acres of vacant land according to the 1995 Key Biscayne Master Plan No land has been annexed since that time —Bill Baggs Cape Florida State Park extends along the entire southern border of the island community, Miami -Dade County s Crandon and Calusa Parks span the entire northern edge Biscayne Bay fronts the western border, and the eastern border faces the Atlantic Ocean —and today all of those original vacant lots have been developed or have permits for development 3 The Village though almost entirely built out is slightly below capacity by measure of densities permitted by the Land Development Code This gap is not large enough to allow any major increases in density, but the composition of the Village will continue to evolve as older housing stock is knocked down and replaced by larger dwelling units, a trend evident today Examination of residential certificates of occupancy records indicates that since 1997 approximately 26 new residential units per year have been built either on vacant lots or in place of demolished units (See Table 5) Since there are no vacant lots remaining as of March 2006 all future new construction will occur in the form of replacement of older units If the average rate of replacement remained constant, the stock of original housing would be completely replaced by around 2047 4 While the density of units is presumed to remain relatively constant, the population could continue to increase in the single family realm since many existing, modestly sized residential structures are being redeveloped into substantially larger homes containing additional bedrooms Although no study has been conducted to evaluate the actual occupancy of these units, if each bedroom were filled, the Village's population could increase significantly, with potentially dire consequences on the demand for infrastructure and services 3 A sizeable parcel -9 5 acres —of formerly vacant land along Crandon Boulevard (previously known as the Tree Farm ) has been dedicated as Public Recreation and Open Space in the form of the Village Green A bandstand and gazebo were added to the Village Green in 2000 Today this open space serves as the primary location for most of the holiday and other special events celebrated by the community throughout the year 4 There are approximately 1300 single and duplex lots in the Village Since 1997 232 units on those lots have been replaced leaving 1068 units of the original housing stock Dividing 1068 units by the average rate of replacement 26 units per year yields a duration of approximately 41 years until the residential character completely shifts from small-scale to large-scale development Wallace Roberts & Todd, LLC 25 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 5 Key Biscayne Residential Certificates of Occupancy 1995 2005 Year Single Family Duplex Total Permits 1997 3 0 3 1998 22 0 22 1999 32 0 32 2000 35 0 35 2001 40 2 42 2002 22 0 22 2003 30 1 31 2004 22 1 23 2005 19 3 22 Total 225 7 232 As of February 13 2006 Figures represent new construction on vacant land or following complete demolition Source Village of Key Biscayne Department of Building Zoning and Planning February 2006 Any redevelopment of the two largest and most influential developments of residential composition over the past ten years —the Grand Bay Residences and Ritz -Carlton Hotel (799 units) and Ocean Club (1 032 units) —would be subject to a rigorous approval process by the Village Council who is required to comply with state -mandated density restrictions for Coastal High Hazard Areas 5 The Village inherited the two Developments of Regional Impact from Miami -Dade County when it incorporated in 1991 Setting a precedent for density allowance the Village immediately and successfully pursued the reduction of the projects permitted capacity on the basis of insufficient parks and recreation space and an undue burden on infrastructure Due to natural market forces there has been little new construction on the Village s 25 8 acres zoned for low -intensity commercial use and minimal redevelopment of its approximately 400 000 square feet of existing commercial space since the adoption of the Master Plan in 1995 (See Table 6) One noteworthy exception is 200 Crandon Boulevard, known as Key Colony Place In the process of being completed as of March 2006, the shopping plaza will incorporate pedestrian -oriented design features promoted by the Village 5 Key Biscayne s designation as a Coastal High Hazard Area not only prevents the Village from increasing permitted density in its Land Development Code but also indicates it would be unwise for the Village to encourage redevelopment to meet permitted density Wallace Roberts & Todd LLC 26 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 6 Key Biscayne Commercial Building Permits, April 2000 — April 2005 Year New Construction Complete Demolition Other Permits (renovations additions etc ) Total Permits 2000 3 1 40 44 2001 1 0 48 49 2002 2 1 46 49 2003 1 3 26 30 2004 1 0 31 32 2005 0 0 7 7 Total 8 5 198 211 Source Village of Key Biscayne Department of Building Zoning and Planning May 2005 e Location of Development in Relation to Master Plan All new construction and redevelopment since 1995 has occurred in accordance with the Future Land Use Map and designations adopted in the Key Biscayne Master Plan There have been three amendments to the Future Land Use section since the Master Plan was adopted • Ord 95-8 amended densities permitted within the Medium Density Multifamily and Ocean Resort Hotel land use category in the Master Plan separating the tabulation of density for multifamily residential uses and hotel uses located on the same lot • Ord 97-17 amended the land use designation on the Future Land Use Map from Medium Density Single Family Residential to Two Family Residential for seventeen parcels of real property on Fernwood Road specified in an appendix (Ordinance 97-17) • Ord 2000-1 amended the Future Land Use Map for the property at 800 Crandon Boulevard by removing it from the `Office category and placing it in the `commercial category Commercial development along Crandon Boulevard since the 1995 Master Plan includes the Pankey Institute along the east side of the entry block and the following along the west side Suntrust Bank at 500 Crandon Boulevard (10 750 square feet), Wachovia Bank at 100 Crandon Boulevard (4,426 square feet), Ace Hardware commercial/office building at 800 Crandon Boulevard (8 000 square feet) As of this writing construction of Key Colony Place (28,000 square feet) a new commercial complex located at 200 Crandon Boulevard, is in progress Wallace Roberts & Todd, LLC 27 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN A new Fire Station Village Hall (Administration/Police) and Community Center have also been constructed during the past 5 years on the blocks immediately south of the Village Green This complex is now recognized as the community s Civic Center The 1995 Master Plan projected that the Civic Center, planned to be located at the geographic center of the community would help establish linkages from the existing commercial district and east -of -Crandon multi -family neighborhoods to the then Key Biscayne Community School (now Key Biscayne K-8 Center) and its surrounding single-family residences The creation of the Civic Center provided opportunities to implement urban design and architectural practices and techniques that embody the strong sense of place and unique identity and character of the Village of Key Biscayne The largest -scale projects in the Village have been the Ocean Club and Grand Bay Residences and Ritz -Carlton Hotel projects6 Both are located on the Atlantic Ocean on the east side of the island, and are designated as Developments of Regional Impact The 38 -acre Grand Bay project consisting of two condominium towers 49 detached residences and what is now the Ritz -Carlton Hotel for a total of 707 units was completed and the final Certificate of Occupancy was issued by the Village in 2001 The Ocean Club occupying 52 oceanfront acres consists of 800 condominium residences in six mid -rise buildings with four to seven stones (Lake Villas) plus five high-rise buildings with 14 to 18 stories The property also includes a 5 -acre private lake tennis club beach club, cabanas restaurant, and other amenities The Master Plan for The Ocean Club was approved by the Village of Key Biscayne in July 1995 Four of these buildings were permitted by the Village and built between 2001 and 2002 Although some residential development has occurred as infill on vacant platted lots, permit records indicate that the bulk of the Village s residential construction is taking place on previously developed lots (refer to Table 5) The 1995 Master Plan also recommended setback, height, minimum pervious area requirements and other controls to mitigate the impact of larger new construction (typically 3 500-4 000 sq, ft 2 to 3 story houses) on smaller adjacent homes (typically 1 200-1 500 sq ft 1 story houses) However these efforts to control bulk intersected with Federal Emergency Management Agency (FEMA) rules concerning rebuilding of homes in flood hazard areas Increased enforcement of these regulations occurred after Hurricane Andrew hit South Florida in 1992 For areas like Key 6 The projects are identified in South Florida Regional Planning Council records as Key Biscayne Hotel and Villas and Hemmeter/Continental Resort respectively Wallace Roberts & Todd, LLC 28 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Biscayne with an AE flood hazard rating FEMA requires the first finished floor of new construction to be elevated 5 feet above base flood elevation adding to the building height Following Hurncane Andrew while Key Biscayne was still operating under the Dade County Code there was a frenzy of residential redevelopment in the Village Much of it was relatively massive in scale and constructed on fill which resulted in a disparities in elevation and stormwater runoff problems for the older housing stock When the Village adopted its own zoning code it tailored regulations to prevent this type of development from occurring While many long-time residents lament the loss of original small-scale Key Biscayne homes, they also realize that change in housing styles is inevitable based on property values to meet the needs of today s families and to comply with FEMA regulations The 1995 Master Plan and subsequently enacted zoning code included provisions that afford owners of older housing stock opportunities to expand their homes recognizing this may be the only feasible option for some The zoning code also contained incentives intended to reduce the bulk and lot coverage of newly constructed residences f Infrastructure Levels of Service 1) Transportation The Village of Key Biscayne sets forth Level of Service standards for transportation in Objective 1 2 of the Master Plan s Capital Improvements element The timing of development will be regulated to maintain the following peak hour LOS standards Arterial Collectors Local Service Streets LOS 'E , LOS along Crandon Boulevard could potentially fall slightly below E near north Village limits LOS 'B LOS A The Crandon Boulevard Master Plan study completed in February 2004 examined county -owned Crandon Boulevard, the only major arterial in the Village of Key Biscayne (other local roads belong to the Village) The study analyzed the usage patterns and volumes of vehicular traffic along to determine if any deficiencies existed, assessed the extent and nature of any deficiencies and recommended appropriate geometric and operational improvements The traffic Wallace Roberts & Todd, LLC 29 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN analysis utilized the concept of level of service as the measure of traffic performance Pursuant to classifications determined by the Florida Department of Transportation 7 and the Transportation Research Board Crandon Boulevard must be maintained at a Level of Service D According to the Crandon Boulevard Master Plan the arterial is in compliance at the segment carrying the highest traffic load within the Village— the Crandon Boulevard corridor north of the Crandon/Harbor Drive/Ocean Lane signalized intersection —at three of the six signalized intersections Ocean Lane Drive itself is LOS B However the road s remaining three signalized intersections operate at a Level of Service E or worse during peak times of the day According to the Crandon Boulevard Master Plan improvements which are currently underway will elevate these deficient areas to meet or exceed state standards Crandon Boulevard and Harbor Drive will be improved from LOS E to LOS D, Crandon Boulevard and Key Colony Entrance will be improved from LOS E to at least an LOS D and Crandon Boulevard at West Wood Drive will be improved from an LOS F to at least an LOS D when the Village completes its conversion of all roads earmarked in the Crandon Boulevard Master Plan 2) Sanitary Sewer and Potable Water The Master Plan sets the following standards for the sanitary sewer and potable systems in Objective 1 2 of the Capital improvements element Sanitary Sewers in Not to exceed 98% of County treatment Sewered Areas system's rated capacity Average sewage generation standard of 140 gallons per capita per day Sanitary Sewers in Permit septic tanks only in compliance with Unsewered Areas** county and state standards Potable Water Not to exceed 98% of County treatment and storage system's rated capacity with at least 20 Ibs per sq inch at property line and average 280 gallons per capita per day ' Source FDOT Quality/Level of Service Handbook November 2002 p 129 Wallace Roberts & Todd, LLC 30 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN **The second standard for sanitary sewers (in unsewered areas) will become obsolete when the Village completes its conversion of all remaining residential parcels on septic to sewer Key Biscayne is identified in Miami -Dade County s 2003 EAR as a Miami -Dade Water and Sewer Authority Collection Area According to Objective 2 of the MDC Master Plan Water and Sewer Sub -element 2 5 1 the County has guaranteed that it will maintain procedures to ensure that any facility deficiencies are corrected and that adequate facility capacity will be available to meet future needs Key Biscayne assists the County in achieving this endeavor by cooperating to biannually update estimates of system demand and capacity According to the County s EAR, system -wide wastewater treatment facilities have the capacity to process 352 50 million gallons per day which surpasses the average daily demand of 310 81 million gallons per day An evaluation of the projected rated system water capacities and the estimated maximum demand shows that capacity is available in Key Biscayne s service district through 2020 at a level that would satisfy the Village's own service standards See Table 7 However to ensure continued provision of adequate sanitary sewer service the County has allocated $1 3 billion in capital sanitary sewer projects Table 7 WASD Water System Capacity and Demand Comparison 1995 2020 Year Maximum Day 102 Pct Of Max Day Demand Capacity (MGD) (MGD) for the Preceding Year 1995 427 60 396 78 2000 454 77 399 13 2005 495 03 451 55 2010 520 03 487 36 2015 563 03 517 34 2020 563 03 547 74 MGD = Million Gallons per Day Source Miami Dade Water and Sewer Department WASA operates three regional wastewater treatment plants in the North Central, and South Districts Geographically, Key Biscayne falls within Service District 2 Central However, according to the Miami - Dade County EAR the boundaries of the districts are flexible the system is interconnected, allowing flows from one district to be diverted to other plants in the system This flexibility, along with a significant reduction in average flow into the regional system due to extensive infiltration and inflow prevention work since 1994 has allowed the Wallace Roberts & Todd, LLC 31 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN County to meet demands8 and is expected to permit the Village to meet its own Level of Service Standards for sanitary sewer The potable water to Key Biscayne is circulated as part of an interconnected County -wide system Similar to the sewer system the Village cooperates with the County and other affected agencies to estimate system demand and capacity According to Miami -Dade County s 2003 EAR in 2003 the capacity of the County s water system is 454 77 million gallons per day surpassing the average daily demand of 346 10 million gallons per day and the Village s aforementioned Level of Service Standard Miami - Dade County currently has programmed $883 million in water capital improvements projects to ensure its ability to continue to provide capacity to meet system -wide existing and projected demand The County s programmed capital improvements and the Village s continued prudent provision of land development regulations and the concurrency system should allow for the Potable Water Level of Service to be met According to the Miami -Dade County EAR the County has continued to maintain sufficient capacity in both the regional water and wastewater system to meet demand Levels of Service standards have generally been met throughout the reporting period and additional policies under the objective have also exhibited progress Water Supply (with respect to the long-range water supply facilities work plan of the South Florida Water Management Distnct (SFWMD)) Chapter 163 Florida Statutes requires the preparation of a 10-yaer Water Supply Facilities Work Plan by local governments with water supply facility responsibilities Key Biscayne does not have water supply facility responsibilities However, it will comply by continuing to participate in intergovernmental coordination efforts and amending the Master Plan as necessary upon the adoption of the Lower East Coast Water Supply Plan In Tight of MDWASAs recently publicized projected inability to meet long term demand of services the Village of 8 Source 2003 MDC EAR 2 152 In the mid -1990s the County agreed to undertake more than $1 169 billion worth of improvements to its wastewater treatment plants transmission mains and sewage collection system Major improvements include construction of a new Biscayne Bay sewer line a force main interceptor in Flagler Street a South Miami -Dade transmission main and new mains in North Miami Dade The County is subject to fines of $10 000 per day if it fails to complete the project on schedule Wallace Roberts & Todd, LLC 32 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Key Biscayne will closely monitor any updates to capacity support MDWASA in achieving its goals in any way feasible, and if necessary, explore alternative mechanisms and sources for the provision of water and sewer 3) Solid Waste Management The Master Plan sets the following standards for solid waste in Objective 1 2 of the Capital Improvements element Solid Waste County system maintains a minimum of 5 years capacity, Village use generation rate of 5 2 Ibs per person per day Miami -Dade County is responsible for processing solid waste delivered by a private hauler from the Village of Key Biscayne It measures its Level of Service based on a combination of factors the annual amount of waste processed at each County disposal facility, the annual amount of waste disposed of at each County transfer facility and the amount of waste processed at private disposal facilities or exported out of the County According to the County s EAR the County has committed to implement procedures to ensure that adequate solid waste facility capacity will be available to meet future needs Based on a facility capacity analysis prepared by the Miami -Dade County Department of Solid Waste Management in 1999, the three disposal facilities owned and operated by Miami -Dade County through the year 2039 have the capacity to adequately meet internally generated LOS standards until 2011 According to the complete capacity analysis conducted by DSWM in 1999, Miami -Dade County in 2003 has some but not complete capacity for disposing of projected waste streams until the year 2032 In April 2005 the Village increased revenues and appropriations for expenditures between October 1st 2004 and September 30, 2005 within the solid waste fund The new total of $545,162 00 was in accordance with its new contract with its service provider g Coordination of Land Use and Public School Planning Interlocal Agreement In February 2003, Key Biscayne cosigned an interlocal agreement with Miami -Dade County Public Schools and 24 regional municipalities Wallace Roberts & Todd, LLC 33 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN The agreement mandates semi-annual meetings attended by the County Mayor or designated representative the Mayor or designated representative for each municipality the School Board Superintendent to coordinate educational facilities planning including site selection and acquisition and construction Furthermore the committee discusses issues and formulates recommendations • Population and student projections • Development trends and • A work program for five ten and twenty year intervals This includes the school district s relationship to local government master plans particularly as it relates to the identification of potential school sites in the master plan s future land use map series schools needs (school capacity and school funding) collocation and joint use opportunities and ancillary infrastructure improvements needed to support the school and ensure safe student access Inventory of Local Schools There is a total of five public and private schools in the Village of Key Biscayne Key Biscayne K-8 Center9 • Public • K -8th grade Key Biscayne International Christian School • Private • Pre -K through 6th grade St Agnes Academy • Private (Catholic) • Pre -K through 8th grade St Christopher s By -the -Sea Montessori School • Private • Pre -School through 6th grade MAST Academy • Public magnet school focused on marine science and technology, not physically in Village, but rather in Virginia Key • 9 -12th grade 9 Previously known as Key Biscayne Community School Wallace Roberts & Todd, LLC 34 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN All high school students commute to schools outside of the Village boundaries by public school bus private vehicle, or private van service Coral Gables Senior High is the feeder pattern (default) public high school for the Village Students may apply for magnet public high schools where admissions are merit -based and lottery Applications are made in the 8th grade for 9th grade admission MAST Academy, located on nearby Virginia Key is a desirable magnet school whose combined meat -based and lottery admissions process does not give preference to Key Biscayne residents Many students attend private high schools located in Miami -Dade County Changes in School Demand Key Biscayne s demand on the public school system at large is growing According to Census figures the proportion of young children in Key Biscayne is increasing in 1990 five to thirteen year -olds comprised 9 0 percent of the population while in 2000 they made up 13 1 percent Enrollment figures from Key Biscayne K-8 Center reflect this trend Total school enrollment for the 2005 through 2006 school year is 1 028 up from 981 students during 2004-2005 and 976 during 2003-2004 To address deficient capacity (enrollment was at 155% of capacity during the 2004-2005 school year and at 122% of capacity between 2003-2004) the facility was expanded In October 2005, the Miami -Dade County Public Schools Department and the City of Miami jointly announced an initiative to improve public education in South Florida Plans include the creation of a commuter high school as part of the City s five year Education Compact to address County -wide rapidly growing enrollment Officials identified Virginia Key as a potential site The next step is for the Virginia Key Master Plan committee to locate six -acre parcels of land on Virginia Key suitable for a school Key Biscayne is fully engaged in this process in addition to Key Biscayne's current mayors active involvement in high-level interlocal talks to locate a high school on Virginia Key, the Village Manager is a member of the group that selected the consultant of the Master Plan h Coastal High -Hazard Area development mitigation strategies The Village of Key Biscayne is located within a Coastal High Hazard Area that also is designated an AE flood zone Section 163 3191(2)(m), F S, requires that local governments evaluate whether past reductions in land use densities in coastal high hazard Wallace Roberts & Todd, LLC 35 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN areas have impaired property rights of current residents where redevelopment occurs Goal 1 of the Master Plan s Future Land Use Section states in part future residential development should be at the lowest densities consistent with protection of reasonable property rights Objective 1 1 follows that the Village must maintain existing development and achieve new development and redevelopment which is consistent with the community character statement articulated as Goal 1 The Village has almost no vacant land and only redevelopment is anticipated to occur in residential areas The island currently has four single family residential zoning designations Island Residential includes 100 properties Parkside Residential includes 51 properties Village Estate includes 247 properties and Village Residential includes 932 properties for a total of 1330 single family residences There are three multi -family residential designations Low Medium and High Density No density reductions adversely impacting property rights have occurred or are projected to occur However the Village will continue to deny any development applications that would serve to increase density beyond what exists or is allowed by current zoning and/or vested rights Wallace Roberts & Todd, LLC 36 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 3 Assessment of Master Plan Elements a Future Land Use (1) Purpose of the Future Land Use Plan The purpose of the Future Land Use Chapter is to prioritize the protection and enhancement of the Village s residential character while remaining sensitive to the Key Biscayne s natural and commercial resources (2) Summary Assessment The Master Plan for Key Biscayne was adopted shortly after the Village s incorporation The Plan s Future Land Use section reflects its effort to create a formal framework to protect and maintain its residential character while complying with external standards The Master Plan was written prior to adopting zoning ordinances therefore, many of its policies are directives for the Village to include and enforce specific provisions in the future Land Development Code In all objectives and policies where referenced relevant language has been incorporated into the Land Development Code There have been no recent major changes to the future land use map but new zoning categories have been added and used as necessary See Future Land Use and Zoning Maps (Figures 1 and 2) on the following pages There is no immediate foreseeable need for additional zoning or land use categories as future growth is forecasted to be minimal and consistent with current patterns The Village completed policies requiring an improvement of service and the drafting and implementation of a plan with moderate success all of the projects are at the very least, in progress Amendments should be made to adjust the deadlines to coordinate with revised projected timelines (3) Amendments to the Future Land Use Section Ord 95-8 amended densities permitted within the Medium Density Multifamily and Ocean Resort Hotel land -use category in the Master Plan separating the tabulation of density for multifamily residential uses and hotel uses located on the same lot Ord 97-17 amended the land use designation on the Future Land Use Map from Medium Density Single Family Residential to Two Family Wallace Roberts & Todd, LLC 37 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Residential for seventeen parcels of real property on Fernwood Road specified in an appendix (Ordinance 97-17) Figure 1 Key Biscayne Future Land Use Map Future Land Use Categories Waterfront Rec and Open Space Public Rec and Open Space Dune Restoration Area Pedestrian Bicycle Way Mufti-Fam Ocean Resort Hotel Two-Fam Residential Multi-Fam Low Density LI Multi Fam Med Density Mutts Fam -High Density Single Fam -Low Density Single Fam -Med Density Public -Institutional Commercial 11111 Office Y 1 400 700 0 1 400 Feet Key Biscayne Maste Plan Ev luatibn & Apprats Re ort Cy '� Wallace Roberts & Todd, LLC 38 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Figure 2 Key Biscayne Zoning Map Village Zoning Public Rec and Open Space (PROS) Parks and Recreation County and State Parks Low Intensity Commercial (C 1) am Low Intensity Once (0 1) Institutional (1) Government Use (GU) Private Club (PC) Hotel Resort (HR) I Village Residential (VR) Village Estate (VE) Island Residential (IR) Parkside Residential (PR) Res Multi -10 (RM-10) Res Multi 16 (RM-16) Res Multi -30 (RM 30) PUD1 PUD 2 111111 PUD 3 • Key 8isoayne lasferPlart EvaiLatior & Apprrl*sa1 t eport Wallace Roberts & Todd, LLC 39 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (4) Evaluation of Goals, Objectives, and Policies of the Traffic Circulation Plan See matrix on following page (5) Future Land Use Plan Land Development Code Ordinances Section 10-61(10) Adequate drainage paths shall be provided around structures to guide stormwater runoff away from them Section 16-64(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards Section 29 Stormwater Utility System (1) The Village desires to create a stormwater management system to maintain and improve water quality, to control flooding that results from rainfall events to deter unmanaged rainwater from eroding sandy soils to deter the disruption of the habitat of aquatic plants and animals and to provide for the collection of stormwater utility fees for those expenses connected with the planning, constructing, operating and maintaining of a stormwater management system Section 30-80(f)(6)h 2 Site Plan Review Procedures A map of the area showing where runoff presently goes and size, location, topography and land use of off -site areas which drain through onto, and from the project Section 30-18(g) Drainage for all off-street parking facilities shall meet the requirements of the Metropolitan Miami -Dade County Planning Development, and Regulation Landscape Manual Section 30-80(g)(4) Community services and utilities All proposed developments shall be designed and located in such a manner as to insure the adequate provision use and compatibility of necessary community services and utilities An adequate sanitary sewer collection system including all necessary extensions and connections, shall be provided in accordance with Village standards for location and design Where necessitated by the size of the development and/or by the unavailability of Village treatment facilities, sanitary sewage treatment and disposal systems must be provided in accordance with Village and State standards and regulations Section 30-80(g)(6) Level of service standards For the purpose of the issuance of development orders and permits the Village has Wallace Roberts & Todd, LLC 40 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN adopted level of service standards for public facilities and services which include roads, sanitary sewer, solid waste, drainage potable water and parks and recreation All applicants are required to prove concurrency pursuant to the Land Development Regulations Section 30-100 Minimum pervious area percentages for Single Family and Two Family Districts Grand Bay Villas and Estates Section 30-100(d) Lot elevation Section 30-100(f)(3)a 4 Mooring piles and dolphins may not extend more than 20 feet from a dock Mooring piles and dolphins on Biscayne Bay shall not extend more than 25 feet from the bulkhead Section 30-100(f)(3)a 5 No dock shall extend from a bulkhead into any canal lake, or waterway a distance greater than ten feet or ten percent of the width of the waterway whichever is less Notwithstanding the foregoing, no dock or mooring pile shall extend into Biscayne Bay a distance of more than 25 feet from the bulkhead Sec 30-163 Level of service standards For the purpose of concurrency determinations, the Village has adopted a master plan that provides the LOS for public facilities and services roads, sanitary sewer solid waste, drainage, potable water, and parks and recreation All developments that are subject to a finding of concurrency must be consistent with these standards (Ord No 2000-5, § 2, 5-9-00) Section 30-230(f) (The purpose and intent of establishing landscape standards is to) Contribute to the processes of air movement air purification, oxygenation regeneration, ground water recharge, stormwater runoff retention, while aiding in the abatement of noise glare, heat, air pollution and dust generated by impervious areas Drainage Plan Unless the Village Engineer determines that major drainage improvements are not feasible due to existing improvements on the property, site plan submittals shall contain a separate paving and drainage sheet(s) containing the following Details of the proposed drainage system including drainfield cross sections and lengths, catch basin types and sizes, designated retention detention area cross sections, and the like Wallace Roberts & Todd, LLC 41 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goals Oblectiv s and Policies Policy 1 1 1 Policy 1 12 Policy 1 13 Policy 1 14 Policy 21 1 Cooperate with County to complete financial and engineenng plan for sanitary sewe extension In progress Re -designed along with replacement for H20 lines Project completed and goal to be met by 2008 Element FUTURE LAND USE Ach',eve desired community character, ey israyne shsu{d t o a restdental; , community. evet.ment policies should protect residential character. Future residential Ievetopnlent sh.utd he: at the lowest densities csnsistentwith protection of reasonakle property rights. Hotels should he permitted in Order to provide ocean access opportunities and _respect an established land use paftern; however, they should le medsst in size sar as to not overpower the ! :. community's residential character. Other commercial development should be:? sizes! to meet the needs of residents and hotel guests aFffice rievelornent should le limited to the minimum amount practical in light of axisting devel.jment patterns Implementation Status d5C'3::✓�y�: YI By slat tory deadline or sooner enact and enforce land development code consistent with the Future Land Use Map (FLUM) Until adoption of a Land Development Code (LDC) regulate development accord ng to the FLUM includ ng specified land uses densities and intensities By statutory deadline or sooner enact and enforce prov sions governing subd visions s gns and floodplain protection consistent with the Master Pla (MP) Subdivision regulations Sign regulations Floodplain protection provisions Establish a street tree master plan Policy 1 21 Implemented See below By statutory deadline or sooner enact and enforce land development code standards and incentives to achieve new development renovated development and or redevelopment that meets high signage landscaping circulation/parking and other standards All new development renovated development and redevelopment consistent with FLUM Sign regulations Landscaping requirements Parking requirements Implemented Ongoing At the time of adoption of the Master Plan the Land Development Code was based on County Zoning However VKB Single Family Residential (SF R) and rema ning zoning distncts were amended on 10/24/00 and 5/9/00 respectively to be made consistent with the Master Plan Implem nted Implem nt d See below Land Development Code reference Imp! mented VKB uses the County s subd v s on regulations Implemented S gn regulations were based on County standards until they were amended to meet the needs of the VKB on 5/9/00 and again on 5/20/02 Implemented Floodplain regutat ons are based on FEMA requirements as specified in the Master Plan Additionally the LDC was amended on 10/24/00 to establish max mum lot elevations for SF -R Imp/ mented Humcanes Katrina and W ima damaged many of the trees planted as part of the V Ilage s St eet Tree Plan Implemented At the time of adoption of the Master Plan the LDC was based on County Zoning However VKB Single Family Residential (SF R) and remaining zoning distncts were amended on 10/24/00 and 5/9/00 respectively to make the LDC consistent with the MP Implemented Sign regulations were based on County standards until they were amended to meet the needs of the VKB on 5/9/00 and again on 5/20/02 Implemented Ong:nally based on County code Landscape Regulations were amended on 5/9/00 and again on 6/11/02 to meet the needs of the VKB Implemented Onginally based on County code Parking Regulations were amended on 5/9/00 to meet the needs of the VKB 0 dinances Section 28 Signs Ordinances 30 100(d) Wallace Roberts & Todd, LLC 42 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 21 2 Policy 2 21 Enforce flood damage prevention regulations to ensure that new development occurs at appropriate elevations to minimize flood impact Implemented ongoing Policy 2 22 Policy 2 2 3 Pol cy 2 3 1 Policy 2 3 2 Policy 2 41 Policy 2 4 2 Policy 2 51 Policy 252 Policy 2 61 In progress. Septic tanks are in the process of being replaced with sanitary sewers and new water pipes The Village is in the grant raising phase of the project Ordinances 30- 100(0 (3) a 4 30 100(0(3)a5 Policy 2 71 Complete plan by 1998 Begin implementation as soon as possible to complete implementation by 2008 Enact and enforce installation requirements to ensure effective functioning of septic and drain fields By statutory deadline or sooner enact and enforce provisions regarding on site drainage detention runoff erosion minimum pervious open space swale maintenance and drainage level -of service (LOS) standards Enact concurrency management system for development permits that meets 9J 5 0055 for infrastructure recreation and traffic Activate stormwater utility assessment based on Drainage Master Plan (DMP) by 1998 and update DMP as necessary in accordance with Objective 1 1 of the Infrastructure Element Implemented ongoing By statutory deadline or sooner enact and enforce provisions regard ng on s to drainage detention runoff erosion minimum pervious open space swale maintenance and drainage level -of service standards Regulate development according to the FLUM and consistent with Interagency Hazard Mitigation Team Report FEMA 955 -DR FL 1992 Annually assess population densities and transmit significant changes to MDC OEM By statutory deadline or sooner enact and enforce land development code provisions for sewer and stormwater facilities Implemented ongoing Ordinances Chapter29 30- 80(g) (4) 30-163 Do not vacate road nghts-of way (ROW) without first determining that the ROW is not necessary to accommodate future storm and/or sanitary sewer facilities Designate candidates for histonc preservation and draft a strategy for preservation of some or all of these structures Not implemented Attempt to maintain and improve water quality of Biscayne Bay by implementing DMP replacing septic tanks with sanitary sewers land development code provisions for on -site stormwater detention and manna pump -out facilities and coordination with Biscayne Bay Shoreline Development Review Committee In progress In progress Implemented Based on DERM requirements Implemented ongoing Implemented Implemented ongoing Imp! mented ongoing Implemented ongoing NSFR reported monthly to Census Bureau Implemented Ordinances 30-230(f) 10 61 (10) 30-80(0 (6) h 2 Ordinances 30-230(0 10 61 (10) 30-80(0 (6) f 30 80(0 (6) h 2 16-64(c) 30-100 30 181(g) 30 80(g) (6) Wallace Roberts & Todd, LLC 43 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN b Traffic Circulation (1) Purpose of the Traffic Circulation Plan The purpose of the Traffic Circulation chapter is to provide a transportation system that meets the circulation needs of Key Biscayne in a safe and efficient manner but does not adversely impact the quality of life of the residents (2) Summary Assessment The Traffic Circulation section addresses elements of Key Biscayne s vehicular pedestrian and transit issues on both the local and regional levels In several cases the policies are initial steps toward problem solving e g the completion of an exploratory plan the inclusion of provisions in the LDC or the completion of a project s first phase To date the Village has implemented or is in progress with the majority of the policies The Crandon Boulevard Master Plan was completed in February of 2004 and construction is underway the most recent Ocean Lane Drive public workshop was conducted on October 17th 2005 and addressed the issues of parking beach access and public safety and a bike pedestrian and streetscape plan is in progress for Harbor Drive Fernwood Road and West Mashta Drive However the Traffic Circulation section will need to be updated to address a developing issue identified during the 2020 visioning process an increase in internally generated traffic congestion According to anecdotal evidence the number of cars per household on Key Biscayne is trending upward (According the state Department of Motor Vehicles the number of registered vehicles in January 2006 is 10 582 The Department is currently unable to provide historical data for the purposes of comparison 10 However, the figure provided may serve as the basis for a future study analyzing the patterns in internally -generated traffic congestion ) 10 According to the DMV due to the prior configuration of its database historic registered vehicle counts derived from addresses or zip codes may be inaccurate It was possible for a vehicle to mistakenly be counted more than once the address field was associated with the customer not to the vehicle record therefore if a customer changed his or her address more than once in a calendar year the vehicle record would have been double counted Wallace Roberts & Todd, LLC 44 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (3) Amendments to the Traffic Circulation Plan Ord 2004-05 approved the creation of the Crandon Boulevard Master Plan Implementation Committee (created to oversee and ensure the completion of the CBMP throughout its three phases) (4) Evaluation of Goals, Objectives, and Policies of the Traffic Circulation Plan See matrix on following page (5) Traffic Circulation Plan Land Development Code Ordinances Section 30-181 Location Character and Size of Required Parking Spaces Section 30-100(0(4) Driveway and Parking criteria Regulates 1) points of access 2) driveway materials 3) setbacks and 4) width Section 30-100(0(4) c Setbacks All driveways shall be set back at least five feet from any side property line All circular driveways shall be set back at least two feet from any front and/or property side street property line On corner lots driveways shall be set back 15 feet from the extended right-of-way Intersection Section 30-100(0(4) d Width A maximum width of 24 feet is permitted for single family and 36 feet for two-family homes for a lot with 75 feet or less of frontage at the property line For all other lots the width of a dnveway or combination of driveways at the point of intersection with the right-of-way shall not exceed the lesser of 36 feet or 32 percent of the lots frontage including side street frontage on corner lots Section 30-181(n) Location Character and Size of Required Parking Spaces Curb cuts All curb cuts shall conform to the design and construction standards required by the Public Works Supervisor Wallace Roberts & Todd, LLC 45 TRAFFIC CIRCULATION Regulate timing of development it maintain at least peak hour level of service standards for artenals (LOS E ) collectors (LOS B ) and local service streets (LOS A ) By statutory deadline or sooner enact and enforce LDC standards regarding roadway access and on site traffic flow and parking Use future land use and zoning maps to limit commercial and office development to artenal frontage and Harbor Dnve collector street f outage from Fernwood Road to Crandon Boulevard except for ocean resorts Work with MDC Planning Department and Metropolitan Planning Organization to limit intensity of development on Causeway and Crandon Boulevard in order to maintain an adequate traffic level of service Use LDC standards and LDC review process to reduce number and width of existing curb cuts on Crandon and Harbor by 10 / Complete bike pedestrian and streetscape plan for Harbor Drive Femwood Road and West Mashta Dnve by 1999 Include these streets and West Wood Dnve in a speed control planning and implementation plan Implemented ongoing Originally based on County standards parking regulations on 5/9/00 to meet the needs of the VKB Implemented ongoing The Village has implemented a senes of traffic calming devices on collector streets and reduced the speed limit to 20 mph on all roads except Crandon Boulevard which is operated by the County Ocean Lane Drive is in the design phase of receiving new sidewalks stnping and paving Partially implemented Only 2 properties do not front Crandon 21 and 51 Crandon Dnve they front Harbor Dnve VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN c Housing (1) Purpose of the Housing Plan The purpose of the Housing Plan is to Assure the availability of a sound and diversified housing stock in Key Biscayne (2) Summary Assessment Objectives and Policies in the Housing Section address either the appearance and quality of the housing stock or the diversification of what is available Since the time the Plan was wntten the Key Biscayne real estate market has experienced a steady increase in demand while maintaining a finite supply of vacant and redevelopable land Therefore, while the market has naturally addressed most issues regarding appearance and quality, the diversification and affordability of residential property has lessened Policies addressing these latter issues have either not been implemented or when implemented, have not successfully produced the intended results The Village intends to continue working with other jurisdictions on the issue as well as define and promote affordable housing of a type and a price range consistent with Key Biscayne local market and general market conditions (3) Amendments to the Housing Plan None (4) Evaluation of Goals, Objectives and Policies of the Housing Plan See matrix on following page (5) Housing Plan Land Development Code Ordinances Section 30-100 (e) Setback Regulations (minimum) Wallace Roberts &Todd, LLC 47 HOUSING T� assure the avarIab'f ty f a sr uni and �tuersr reel hsusm! stock n Key . ' l�isca ne Group Homes Accommodate as many small group homes and foste care fac I t es as possible in resident al areas Per od catty review perm ti ng and regulatory processes n the LDC to ens re prompt and professional development pe m tt ng process By statutory deadline or sooner permit group homes and foster care tacit ties with consideration to humcane evacuat on constraints The Village Manager shall enforce County minimum hous ng standards code or appropnate modified code enacted by Council Communicate with private and non profit housing agencies to assure that Village policy information flows to housing providers Designate candidates for histonc preservation based on age architecture and function and draft a preservation strategy Village manager or designee will inform Village Council of appropriate actions that encourage the provision of adequate sites for affordable housing in nearby communities with land values that can reasonably accommodate such housing By statutory deadline or sooner enact or enforce LOC regulations for building height setback and other regulations that facilitate aesthetically pleasing upgrades to existing housing stock Implemented Existing mixed density east of Crandon Boulevard Grand Bay SF R and Ocean Club MF R zoning distncts added to LDC Implemented The Village onginally used Flemaker Pro manual perm t system and had no permit time schedule However it converted to Permits Plus to upgrade processing and established a timeline for perm t processing Implem nted Or g natty based on County code ordinances decreasing FAR and increasing sideyards for SF -R were adopted on 10/24/00 Imp' m ted ongoing No developer has called to date but if one did the Village would be willing to cooperate Implemented Onginally based on County code VKB ordinances are enforced at several points of review required at formwork stemwall and construction completion VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN d Infrastructure (1) Purpose of the Infrastructure Plan The purpose of the Infrastructure Chapter is to ` Provide and maintain the public infrastructure in a manner that will ensure bay water quality and public healthy safety and quality of life for Key Biscayne residents (2) Summary Assessment The Infrastructure section of the Master Plan provides policies to address deficiencies in 1995 levels of service as well as anticipated future needs related to drainage sewage solid waste water and sewer, and water conservation The Village has, at minimum begun implementation in all areas However, unforeseen conflicts (e g hurricanes) have delayed completion dates for several objectives and policies beyond the scope of the timeline specified in the Master Plan The Plan will need to be updated to accurately reflect current completion projections (3) Amendments to the Infrastructure Plan None (4) Evaluation of Goals, Objectives, and Policies of the Infrastructure Plan See matrix on following page (5) Infrastructure Plan Land Development Code Ordinances Section 8-100 8-108 Water Shortage Regulations Section 30-230(a) Promote xeriscape by encouraging the use of drought -tolerant landscape materials grouping of plant material by water requirement and the use of irrigation systems that conserve the use of potable water supplies Section 30-232 Required Landscape Plans Section 30-234 Required Irrigation Plans Wallace Roberts & Todd, LLC 49 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN INFRASTRUCTURE T�pr vide"ani-maintainthe public infrastructiure trta mariner that vdl insure"' ivy water quality, and public health, safety,and tuality of fife for Key Biscayne residents. Policy 1 1 2 Policy 1 1 3 Policy 1 21 Policy 1 2 2 Policy 1 3 1 Policy 1 3 2 Policy 141 Sewered Areas County wide maximum day flow" of preceding year shall not exceed 98 / of County treatment systems rated capacity The sewage generation standard shall be 140 average gallons per capita per day Policy 14 2 Policy 1 4 3 Policy 14 4 Policy 1 4 5 Policy 1 51 Policy 1 5 2 Policy 1 5 3 Policy 1 54 Mitigate direct stormwater outfalls as techn cally and economically feas ble into Biscayne Bay and canals to meet standards set forth in Objective 1 1 above By statutory dead) ne or sooner enact and enforce prov sons regarding on site drainage detention runoff erosion minimum pervious open space swale maintenance and drainage level of sery ce standards in order to meet requirements as outlined by Objective 1 1 above Complete financial and engmeenng feasibility plan to extend sanitary sewers to unsewered areas by 1998 and complete implementation by 2008 Cooperate with State of Florida Health and Rehab Illative Services (FHRS) and MDC Department of Environmental Resources Management (DERM) to ensure effective functioning of septic tanks and dram fields Assess cost-effectiveness of replacing County collection system with one or more pnvate systems by 1996 Initiate recommended changes in the solid waste collection and recycling system by 1999 Unsewered Areas The LOS shall be receipt of a DERM septic tank permit Potable Water County wide maximum day flow" of preceding year shall not exceed 98 k of County treatment systems rated capacity Minimum pressure of 20 Ibs /sq in at property line and consumption standard of 280 avg gallons/capita/day Drainage Nonresidential development and redevelopment accommodate runoff to meet Federal state and bcal requirements Stormwater is treated in according to Chapter 17 25 and Chapter 17 302 500 F A C with one inch of runoff retained on site Solid Waste County solid waste disposal system maintains a minimum of five years capacity using a generation rate of 5 2 pounds per person per day By statutory deadline or sooner enact and enforce WC regulations including water conservation based imgation water conservation based plant species lawn watenng restrictions mandatory use of ultra -low volume water saving devices for substantial rehabilitation and new construction and other water conservation measures as feasible Promote education programs that d s ou age waste and con erve potable water Cooperate with MDC Water and Sewer Authority (WASA) to devise a water tracking consumption separate from customer billings or other sources Cooperate with WASA efforts to ensure the potable water distnbution system shall reduce water loss to less than 16/ of the water entenng the system Pol cy 1 1 1 Act vate the storm water ut lily assessment as a basis for bonding for the first phase of drainage plan implementation by 1998 Update DMP as needed to ensure efficacy and upgrade of stone sewer system as outlined in Objective 1 1 above Implemented ongoing Implemented ongoing Implemented ongoing Ong natty based on County code ordinances were amended to meet needs of the VKB specifically a 30 percent open space requirement was implemented for SF R on 10/24/00 and general retention of runoff requirements were implemented on 5/9/00 In progress Implemented Implemented Implemented Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing In progress ongoing Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Ordinances 30 230(f) 10 61 (10) 30-80(f) (6) f 30- 80(f) (6) h 2 16-64(c) 30 100 30 181(g) 30-80(g) (6) Wallace Roberts & Todd, LLC 50 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN e Conservation and Coastal Management (1) Purpose of Conservation and Coastal Management Plan The purpose of the Conservation and Coastal Management Chapter is to Preserve and enhance the significant natural features in Key Biscayne to conserve and manage the environmental resources and man-made uses in the coastal area of the Village, and to minimize human and property loss due to hurricanes ' (2) Summary Assessment The scope of the Conservation and Coastal Management section is extensive The Village has implemented or is in the process of implementing policies and objectives in all sub -categories, with the exception of historic preservation No historic preservation policy to protect Mackie homes or any other structures within Village limits has been implemented because there are currently no structures that meet the state or national age and significance requirements for national historic designation (3) Amendments to the Conservation and Coastal Management Plan Ord 2005-5 amended Section 30-102 Governmental use District of Chapter 30 of the Land Development Code by adding a schedule of permitted uses and regulations for public beaches (4) Evaluation of Goals, Objectives, and Policies of the Conservation and Coastal Management Plan See matrix on pages 46-49 (5) Conservation and Coastal Management Plan Land Development Code Ordinances Section 10-23(1) Restrict or prohibit uses which are dangerous to health safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in Flood heights or velocities Section 10-42(0 Description of the type, extent and depth of proposed fill and the elevation in relation to Mean Sea Level of the top surface of the fill, Wallace Roberts & Todd, LLC 51 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Section 10-42(h) Plot plan drawn to scale illustrating the locations of all proposed construction fill excavating and other aspects of the Development, Section 10-44(d)(5) The necessity of the facility to a waterfront location in the case of a functionally dependent facility Section 10-61(10) Adequate drainage paths shall be provided around Structures to guide stormwater runoff away from them Section 10-63 Standards for Coastal High Hazard Areas (V -zones) Located within the Areas of Special Flood Hazard are areas designated as Coastal High Hazard Areas which are denoted with a V' prefix on the Flood Insurance Rate Map These areas called velocity zones have special Flood hazards associated with wave action therefore the following provisions shall apply Section 10-63(7) Protection of Sand Dunes and Mangrove Stands There shall be no alteration of Sand Dunes or Mangrove Stands which would increase potential Flood damage Section 30-80(f)(6)f Details of the proposed drainage system including drainfield cross sections and lengths catch basin types and sizes designated retention/detention area cross sections and the like Section 30-80(f)(9)e Demonstration that the proposed Development will not adversely affect any endangered or threatened plant or animal species and will to the greatest extent possible protect natural areas native species potable water well -fields and dune systems, and will provide effective erosion control and will protect against hazardous waste Section 30-100 island Residential (waterfront) District Section 30-100(b) Development Regulations Section 30-100(e) Setback Regulations (minimum) Section 30-100(0(11) Pavers and walkways in Side and Rear Yards Pavers or other walkway material may be placed within the Side or Rear Yard so long as they do not materially affect the drainage characteristics of the area The maximum width of the walkway is five feet but in no instance shall the Setback be less than four feet Section 30-100 30-112 Schedule of District Use and Setback Regulations Section 30-102(e) Permitted Recreational Activities Subject to the approval of a Beach Management Plan pursuant to subsection (f) and the supplementary regulations in subsection (g) the activities as described below shall be considered Main Permitted Uses on Wallace Roberts & Todd, LLC 52 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN lands within the GU District which are seaward of the Erosion Control Line (as identified in Section 1 03 of the Village Charter) where such activities occur as ancillary and supportive of principal uses conducted on the upland contiguous privately owned property Section 30-102(g)6 None of the permitted activities including the storage of any equipment shall be maintained or conducted within five feet of the dune as defined pursuant to Section 161 54 Florida Statutes or within 15 feet of the waterline unless overnight storage on the public beach is approved pursuant to a Beach Management Plan Section 30-103 Hotel Resort District Section 30-107(d)(8) Construction or subsequent operation of any new or expanded marina shall not destroy or degrade hammocks pinelands salt marshes mangrove protection areas seagrass hard bottom communities, or habitats used by endangered or threatened species unless approved by the appropriate regulatory agencies Section 30-160 Purpose of Concurrency Management The purpose of this article is to ensure that the infrastructure necessary to serve new Development is Available concurrently with the impacts of that new Development Impact is measured against the adopted minimum acceptable levels of service with respect to (a) roads (b) sanitary sewer, (c) solid waste, (d) drainage (e) potable water and (f) parks and open space Section 30-230(f) Contribute to the processes of air movement, air purification, oxygenation regeneration, ground water recharge stormwater runoff retention while aiding in the abatement of noise glare heat, air pollution and dust generated by impervious areas Section 30-235(0 Removal of trees on public lands No trees shall be removed from any public land including but not limited to Rights -of -Way and swale areas, without the approval of the Building Zoning and Planning Director Wallace Roberts & Todd, LLC 53 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN G.ai 4 Policy 1 1 2 Policy 1 2 1 Based on capital cost implications of DMP activate the stormwater utility assessment as a basis for bonding by 1998 Update DMP to upgrade storm sewer system to meet standards of Objective 1 1 of the Infrastructure Element Implemented Pol cy 1 2 2 Policy 1 2 3 Policy 1 3 1 By statutory deadline or sooner enact and enforce estuanne waterfront protection provisions in the LDC in accordance with state of Ftonda Department of Environmental Protection (FDEP) and waterfront policies of DERM Implemented ongoing Ordinances 10-44(d) (5) 10 63(7) 30 107(d) (8) Pot cy132 Policy 1 41 Policy 14 2 Policy 1 51 Village Manager shall design and promulgate spec management techniques to ensure effective enforcement of FEMA regulations Flood damage prevention regulations shall be enforced by the Village Implemented ongoing Policy 161 Enact and enforce and emergency water conservation based on South Florida Water Management District (SFWMD) model ordinance and requirements Implemented ongoing CONSERVATION AND COASTAL MANAGEMENT .(Conservation and Coastal Management goals. objectives and policies are combined because they are complimentary.) to 'Rreserve ani entrance the significant natur'af features m Key srayne. Policy 1 1 1 Maintain compliance with traffic LOS standard thereby avoiding congestion that would adversely impact a r quality Implemented ongoing Crandon Boulevard improvements and plans for Harbor Drive at the V Ilage entrance have addressed congestion and air quality issues Control emiss ons from all hazardous waste fad t es to comply w th Lowest Achievable Emission Rates including vapor control systems to control hydrocarbon emissions at gas stations By statutory deadline or so ner enact and enforce LDC proves ons regard g detention runoff erosion control pervious open space minimums swales drainage LOS beach dune protection and other land protection meas res Refer any development permit applications for storage of hazardous waste to MDC Contact DERM if any adverse impact is observed relative to the limited sea grass beds in adjacent Bay waters Village police will report speeding violations in manatee protection areas to County and State manne police and publicize the MDC manatee telephone hotline to the public By statutory deadline or sooner enact and enforce land development provisions to minimize light on beach areas where sea turtles nest Impl m td o go g Thro gh intergovernmental coordinaton the Village supports Miami -Dade County s efforts to mpro e a r quality Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Ordinances 10 23(1) 10- 61(10) 10 63(7) 30- 80(0 (6) f 30 80(0 (9) e 30- 100(b) 30 102(e) 30 100(f) (11) 30 102(g) 6 30 160 30-230(f) 30-235 (0 Wallace Roberts & Todd, LLC 54 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 17 1 Cooperate w th US Army Corps of Engineers (ACE) for beach renounshment as necessary to minimize damage to offshore grass flats terrestnal and manne animal habitats and dune vegetation Implemented ongoing Related ordinances were passed as a result of the Long Range Beach Renounshment Plan (1997) Ordinance 2002 6 amended Sec 30-100(1X3) Docks and Moonng Pdes It regulated docking facilities within single family distracts so as to prevent projects detrimental to the equitable safe and adequate navigation of all waterways in the Village Policy 1 7 2 Limit permits (within Village junsdiction) for beach restoration or renounshment borrow areas to those that do not negatively affect offshore reefs or grass flats Implemented ongoing Addressed in Long Range Beach Renounshment Plan (1997) Policy 1 7 3 By statutory deadline or sooner enact and enforce LDC provisions requiring minimum budding setbacks from the ocean Prevent encroachment on beach front according to the Dune Restoration Area of the FLUM and the Coastal Constniction Control Line Implemented ongoing Ordinances Section 30 100 30 112 Policy 1 7 4 Prohibit dredging or fill ng that would result in the destruction of grass/algae flats hard bottom or benthic communities within Village limits Implemented This applies only in canals or in natural harbors (e g Humcane Harbor w th n the Yacht Club) The Village lim is end at shoreline on Bayside Measured at high t de the beach along the Atlantic seaward is property of the State Bayside water is County property up to the southern portion of the island where d is national parkland Policy 17 5 Prohibit deposit of solid waste or industrial waste that create a health or environmental hazard In progress Policy 1 7 6 Maintain standing as a bird sanctuary and proh bit destruction of any bird except by those persons with a valid permit for scientific purposes issued by the US Fish and Wild fe Service Implemented Cape Honda State Park/B II Baggs is offcially recogn zed as a bird sanctuary Policy 1 7 7 Require all new shoreline development affecting marine habitats to be reviewed by DERM Implemented ongoing The Village has rece ved preliminary approval by DERM Policy 1 7 8 Give preference to salt tolerant landscaping over traditional matenals in the enactment of the landscape requirements of the LDC In progress The V Ilage adopted County regulat ons to address landscaping but has amended them to meet its needs An amendment passed on 519100 required 30 percent native plant matenals to be used Policy 1 7 9 Prohibit and require eradication of invasive species on all sites of new and redevelopment projects Implemented The Village used County regulations to address invasive species but has amended its ordinances to meet local needs On 5/9/00 the Village adopted and has subsequently enforced six regulations to respond to this issue Policy 1 7 10 Coordinate with County and FDEP in monitoring coastal waters and sediments Implemented ongoing The Village has created a volunteer beach dean up program that coincides with a national annual coastal clean-up effort Policy 1 7 11 Cooperate and comply with Federal state and county programs and mandates regarding dockside pump out facilities Implemented ongoing Policy 1 712 Promote beautification with an annual clean-up dnve for the beaches and shorelines Implemented ongoing The V Ilage has created a volunteer beach dean -up program that coincides with a national annual coastal clean-up effort. Policy 1 7 13 Enact and enforce an emergency water conservation plan through a water shortage ordinance consistent with SFWMD In progress Policy 1 714 Officially designate DERM mangrove areas within the Village (see Figure V 1 Data and Analysis) as environmentally sensitive lands which shall be protected from development unless their ecological value is replaced via mitigation In progress Goal 2 t Y` F �II-�!�t • conserve and mana the environmental resources anal man4maie uses in he coastal area of Key Biscayne. �t!iF Cat 1 rt y i '^U55 t Z( F 1 f �^ 3 Y '1 1 t7 i' t i t t a+ C ,t i e lC t r v a l �t `r trrir j` e s c }� �,J �^' t ii F 5`L`i"N )ril { �r�lYl fa til ,rittlXfla ° t v ± n'r Policy 21 1 By statutory deadline or sooner enact and enforce zoning distracts based on Multi family Residential Ocean Resort Hotel Waterfront Recreation and Open Space Land Use Plan categories and consistent with density limits in the FLUM implemented ongoing Using the County as its base model for Zoning Distncts the Village added two new categorizations on 5/9/00 PUD and Hotel Resort (HR) both of which offer incentives The Public Recreation and Open Space District is also available should the Village own or have a long term lease ( 5 years or longer) on a parcel and desire to use the land for public recreation or open space purposes These distracts permitted Beach Park public access Policy 21 2 New water -dependent uses shall meet specified cntena incorporated in LDC by statutory deadline or sooner Implemented. After using County code as its model the Village recently adopted a resolution for beachfront activities in May of 2005 Wallace Roberts & Todd, LLC 55 By statutory deadline or sooner enact and enforce minimum oceanfront setbacks including protection of the proposed dune system as part of the LDC By statutory deadline or sooner enact and enforce dune development and vegetation requirements as part of the LDC in conjunct on w th a y new beachfront development and rede elopment Evaluate the need for and effcacy of alternate financing methods fo beach renounshment and dune development by 1996 Enforce an existing development agreement with a pnvate property owner to provide beach access open to the general public Designate candidates for histonc preservation based on age architecture and function and draft a preservation strategy Contnbute to the improvement of Biscayne Bay through implementation of DMP replacing septic tanks with sanitary sewers tied into the County system and/or upgrading of sept c tank and drainfield standards mandating on site stomiwater detention and manna siting standards according to Infrastructure Element and this Element Contnbute to the improvement of B scayne Bay water quality through cooperation and consultation with the Biscayne Bay Shoreline Development Review committee FDEP and the NPS Limit funding of public infrastructure expansion if the effect is a direct subsidy to a specific pnvate development in the Village Objective 31 and Policy 31 1 should not prelude plans to extend sewer lines improve drainage facil ties or reconfiguration of streets to provide adequate infrastructure to serve Future Land Use Plan development or pnor vested development nghts Prepare a humcane emergency plan by 1995 based on the Humcane Andrew experience and in concert with 1991 County Emergency Operations Plan and 1991 US COE humcane evacuation study Imptem nted ongoing Betwee 1995 and 2002 the M am Dade County Department of Env ronmental Resource Management ncluded Key Biscayne as one of three areas targeted for beach restoration projects According to the M D EAR Key Biscayne had 63 6 acres of beach restored Not implemented There are no h stonc structures older than 50 years and therefore none that meet the requirements of the National Register Implemented ongoing The Village does not subsidize pnvate development, it pays for its own infrastructure needs Implemented In June 2001 the H mcane Information Manual w adopted in order to assist Village residents to plan and prepare for a humcane and its aftermath VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 3 3 1 Prepare a post -disaster redevelopment plan based on the Hurricane Andrew expenence and in consultation with the South Flonda Regional Planning Council (SFRPC) and MDC OEM by 1996 In progress Policy 3 3 2 The adopted plan will specify that dunng post -disaster redevelopment the Building Department will distinguish between actions needed to promote public health and safety with immediate clean up and long term repair activities and redevelopment areas In progress Policy 3 3 3 Dunng recovery periods use post -disaster redevelopment plan to reduce or eliminate future exposure of life and property to humcanes incorporate recommendation of interagency hazard mitigation reports and recommend any amendments to MP In progress Policy 3 3 4 Unsafe conditions and inappropriate uses identified in recovery phase will be eliminated as opportunities anse Implement concurrency management system with phased capital improvement schedule to achieve and maintain LOS standards concurrent with the impact of development Implemented ongoing Policy 3 4 1 Implemented Policy 3 5 1 By statutory deadline or sooner enact and enforce LDC provisions requinng minimum setbacks from the ocean and compliance with the CCCL regulations Implemented ongoing Ordinances 30-100(e) Policy 3 5 2 Enforcement of new residential construction at or above flood elevation specified by FEMA and new non-residential construction at or above flood elevation specified by FEMA or in accordance with FEMA approved waterproof construction specifications Implemented ongoing Policy 3 5 3 By statutory deadline or sooner enact and enforce LDC provisions limiting the amount of fill added to a property in conjunction with development or redevelopment to minimize stormwater runoff Implemented ongoing Ordinances 30-230(f) 10 61(10) 10-42(f) 10-42(h) Policy 3 5 4 Monitor changes to and recommend County Emergency Operations Plan (EOP) hazard mitigation reports as basis for amending MP and LDC as appropriate Not implemented Zoning in the LDC reflects the MP Policy 3 5 5 Reduce permitted population densities according to FLUM to coordinate with 1991 MDC EOP (local) and lower Southeast Florida Humcane Evacuation Plan (regional) Not implemented The Village is maintaining levels but not reducing them Policy 3 5 6 Limit funding of public infrastructure expansion if the effect is a direct subsidy to a specific pnvate development in the Village By statutory deadline or sooner enact and enforce LDC standards to conform with flood damage prevention regulations outlined by Conservation and Coastal Management Policy 3 5 2 Implemented ongoing Ordinances 10-63 Policy 3 61 Implemented ongoing Wallace Roberts & Todd, LLC 57 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN f Recreation and Open Space (1) Purpose of Recreation and Open Space Plan The purpose of the Recreation and Open Space Plan is to Provide a desirable level of public recreation and open space facilities together with supplemental private recreation and open space facilities (2) Summary Assessment Prior to and at the time of incorporation the Village was not in compliance with the Miami -Dade County LOS standards for public recreation and open space facilities This deficiency was an important catalyst in the move to incorporate Since incorporation, the Ocean Club and Grand Bay (approved for development prior to incorporation) heightened the recreation and open space deficiency Since the Master Plan was adopted the Village has attained additional parks and recreation acreage However with the increase in population it has not been enough to raise the level of service to meet its standard of 2 5 acres per person The Village is currently actively exploring its options and monitoring near- and medium -term changes to its present state (e g its agreement with Miami -Dade County for use of facilities Calusa Park expires in 2008) Upon adopting a new program for acquiring parks and recreation space the Village will need to incorporate appropriate objectives and policies into the Master Plan (3) Amendments to the Recreation and Open Space Plan None (4) Evaluation of Goals, Objectives, and Policies of the Recreation and Open Space Plan See matrix on following page (5) Recreation and Open Space Plan Land Development Code Ordinances Section 30-100(b) Development Regulations Minimum Pervious Area Section 30-100(e) Development Regulations Setback Regulations Section 30-108 PROS Public Recreation and Open Space District Wallace Roberts & Todd, LLC 58 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN RECREATION AND OPEN SPACE f'r vide a ilesiralte !eve! of pub c recreation and •pen space:facihtres I t.adether with supplemental private recreation ani open space facilities. Policy 1 31 Policy 1 3 2 Pohcy 1 3 3 Policy 1 3 4 Policy 1 3 5 Policy 1 41 By statutory deadline or sooner enact and enforce as part of LDC minimum front, side and rear residential setbacks and a no less than 30 / pervious open space minimum of total site area for the average single family residential site Ordinances 30-100(b) 30- 100(e) Pohcy 1 4 2 Policy 1 4 3 Policy 1 51 Policy 1 1 1 Enforce an existing development agreement with a pnvate property owner to provide beach access open to the general public as a condition for development approval Implemented ongoing The Village offers FAR incentives for offering beach access easements Policy 1 21 Seek joint use agreement with School Board to assure esident access to the schools playfields Implemented Reserve for recreation use all Village -owned land designated on the FLUM and seek additional acreage to meet standard of 2 5 acres per 1 000 people permanent population (concurrency/LOS standard) through purchase long-term lease and/or donation By statutory deadline conduct a feasibility study of obtaining additional sites needed to achieve and maintain LOS standard Continue to pursue acquisition (purchase or lease) of park land to meet LOS standard outlined in Capital Improvement Schedule As acquisition of park tracts is assured finalize detailed planning for facilities such as ball fields playgrounds and community center and initiate a phased implementation plan Explore a recreation impact fee to help finance acquisitions and improvements by 1994 By statutory deadline or sooner enact and enforce LDC zoning to implement Waterfront Recreation and Open Space category to preserve open space uses such as the beach club and yacht club Pervious space requirement will be no less that 15/ of entire site Evaluate the desirability of developing a village center in tandem with central area public open space Complete an inventory of pnvate and semi public recreational facilities to finalize the plan descnbed in Policy 13 3 In progress Although the Village still does not meet the standard of 2 5 acres per 1 000 persons it has added parks and recreation space to its roster (Village Green Village Lake and Beachfront Parks St Agnes fields) and has some prospects (Key Biscayne Presbytenan Church Village Civic Center Park) Implemented In progress As mentioned above the Village is pursuing opportunities with the Key Biscayne Presbytenan Church and an undeveloped parcel adjacent to the civic center In progress The Village has hired SWA consultants to assemble a potential capital improvements list including parks and recreation projects The committee compnsed of resident volunteers is in the process of pnonhzing the projects based and estimating costs Not implemented Partially implemented After using County code as the standard the Village passed setback and open space ordinances for SF -R on 10/24/00 However 4 has not passed setback and open space requirements for other distncts Implemented ongoing After using County code as the standard the Village added a new distnct to its LDC on 5/9/00 Public Recreation and Open Space Implemented Key Biscayne is working toward creating a Village center The buildings have been completed but the amenities are still under construction Implemented Ordinances 30-108 Wallace Roberts & Todd, LLC 59 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN g Intergovernmental Coordination (1) Purpose of Intergovernmental Coordination Plan The purpose of the Intergovernmental Coordination Plan is to Maintain or establish processes to assure coordination with other governmental entities where necessary to implement the Master Plan (2) Summary Assessment The Village has active relationships with Miami -Dade County and the School Board to implement policies and objectives related to education parks and recreation, water and sewer provision and water quality In certain cases, the Village has yet to meet its LOS standards However as with the provision of sanitary sewer service the Village is jointly involved with the Miami -Dade Water and Sewer Authority in the planning stage of the project with the provision of adequate parks and recreation space the Village continues to keep open dialogue with appropriate County agencies while simultaneously seeking alternative means to provide adequate services to its residents (3) Amendments to the Intergovernmental Coordination Plan None (4) Evaluation of Goals, Objectives, and Policies of the Intergovernmental Coordination Plan See matrix on following page (5) Intergovernmental Coordination Plan Land Development Code Ordinances There are no ordinances directly related to Intergovernmental Coordination policies Wallace Roberts & Todd, LLC 60 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goal Policy 1 1 1 Policy 1 1 2 Policy 1 1 3 Policy 1 1 4 Policy 1 2 2 Policy 1 2 3 Polcy124 Policy 12 5 INTERGOVERNMENTAL COORDINATION Ts memtmn or estailrsf pr.cesses b assure; cHr1rnaiim withither r !evernmental entities where necessary to implement this Oen,: ollt a ter ' Monitor the MDC Comprehensive Plan process as County Plan is updated and revised in conjunction w th its Evaluation and Appraisal Review (EAR) Implemented ongoing Where the County makes decisions that affect the Village such as on Virg n a Key n Crandon Park o at the Seaquanum the Village mon tors its act ons Maintain active dialogue with School Board staff concerning any Village elementary school plans Use informal mediation process of SFRPC to resolve annexation and other confl cts with other govemmental entities Review and compare proposed development in City of Miami and MDC with proposed development of Village Comprehensive Plan and where appropnate respond at public heanngs through memoranda or through the SFRPC mediation process Policy 121 Consider and attempt to consummate the following intedocai agreements by 1999 Extension of Sewers Coordinate and cooperate with appropnate County agencies Solid Waste Disposal Coordinate and cooperate with County Solid Waste Management Department Lease of Calusa Park Village maintains park to benefit all County residents and meet Village recreation LOS Lease of Virginia Key Site(s) for Recreation Village commits to develop and maintain sites to meet Village recreation LOS Expansion of Calusa Park in to Crandon Park Accommodate play fields to meet Village recreation LOS (requires that Village petition MDC to modify its current plan for Crandon Park) Bill Beggs State Park Agreement with FDEP to provide play fields to meet Village recreation LOS (requires that Village petition state government agency to modify its current plan for Bill Baggs State Park) Key Biscayne Elementary School Make playground available for Village use Crandon Boulevard Improved streetscape Maintain dialogue with Metro -Dade Planning Dept and other County agencies relative to limiting land use intensity Assist in providing information regarding services such as waste water sewers transit and humcane response to residents Implemented ongoing Obsolete The Village has not attempted to annex any land nor does t foresee doing so Improve Biscayne Bay water quality by the following Implementation of M ster Drainage Plan Replacement of septic tanks with sanitary sewers lied into County system Mandating on -site stomtwater detention Manna siting standards Improve Biscayne Bay water quality by coordination with BBSDRC FDEP and Policy 1 31 Monitor changes to LOS standards of Metro -Dade County and adjust own LOS standards accordingly In progress Implemented ongoing In progress Implemented ongoing Partially implemented Implemented The Village is a member of the Virginia Key Master Plan Committee which is guiding the development of Virginia Key Not implemented Although the Vdlage still does not meet the standard of 2 5 acres per 1 000 persons it has added parks and recreation space to its roster (Village Green Village Lake and Beachfront Parks St Agnes fields) and has some prospects (Key Biscayne Presbyter Not implemented The agreement was rejected by the legislature Implemented The Village ma ntains the property in exchange for its use dunng certain hours Implemented ongoing The Crandon Boulevard Master Plan is in Phase 11 of construction Implemented ongoing Where the County makes decisions that affect the Village such as on Virginia Key in Crandon Park or at the Seaquanum the Village monitors their actions In progress In progress In progres In progress Implemented Ordinances specify the retention of runoff on site Implemented Implemented ongoing Wallace Roberts & Todd, LLC 61 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN h Capital Improvements (1) Purpose of Capital Improvements Plan The purpose of the Intergovernmental Coordination Plan is to To undertake capital improvements necessary to provide adequate infrastructure and a high quality of life within sound fiscal practices (2) Summary Assessment The Village has been diligent about implementing objectives and policies in the capital improvements section annually updating its capital improvements budget monitoring levels of service, and adhering to Coastal High Hazard Area limitations The Village is examining the feasibility and implications of adjusting the parameters of the debt cap requirements Any change would be included in a referendum in the November 2006 elections (3) Amendments to the Capital Improvements Plan None (4) Evaluation of Goals, Objectives, and Policies of the Capital Improvements See matrix on following pages (5) Capital Improvements Plan Land Development Code Ordinances Section 30-160 30-166 Concurrency Management Section 30-163 Level of service standards For the purpose of concurrency determinations, the Village has adopted a master plan that provides the Level of Service Standards (LOS) for public facilities and services roads sanitary sewer solid waste, drainage potable water and parks and recreation All developments that are subject to a finding of must be consistent with these standards Wallace Roberts & Todd, LLC 62 Policy 1 21 Policy 1 1 1 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN CAPITAL IMPROVEMENTS Gsai =1 To undertake capital Improvements necessary to provide adequate • infrastructure and a high duality of life, within 'sound fiscal practices M r4.! t wdr1,17:71;‘,;:, }S, ..r eryilre�re+� wean wr+!*st+l��MT�"!^ Staff and engineering studies to form basis for preparation of a 5 -year capital improvement program with one year capital budget in order to further MP elements Implemented The Village does a one year Capital Improvement Budget and a fiscal budget every five years Policy 1 1 2 Capital improvement program to include drainage facility program based on 1993 Implemented DMP Policy 1 1 3 Public safety quality of life LOS redevelopment and Biscayne Bay enhancement Partially Implemented The Village does not enhance Biscayne Bay projects will be used as cntena for setting pnonbes that include financial feasibility because it is the County s responsibility or budget impact assessments Policy 1 1 4 Maximize use of designated funds (such as drainage utility and sewer Implemented ongoing The Village does this as part of its Capital assessments) in order to free general funds for other Village projects such as park Improvement Budget land acquisition and streetscape work Policy 1 1 5 Pursue a prudent policy in terms of borrowing for capital improvements or other purposes Implemented ongoing �i c:ef �.ty' 1 tse�" • a CL�v�SP a" ia i Te4rA4 Maintain the following peak hour LOS standards Streets Regulate the timing of development to maintain peak hour LOS standards Implemented ongoing (Artenal LOS E Collectors LOS B Local Service Streets LOS A') LOS along Crandon Boulevard could potentially fall slightly below E near north Village limits Sanitary Sewers in Sewered Areas Not to exceed 98/ of County treatment Implemented ongoing systems rated capacity Average sewage generation standard of 140 gallons per capita per day Sanitary Sewers in Unsewered Areas Permit septic tanks only in compliance with In progress The Village is in the planning stage of the process of county and state standards converting all non sewered areas to sewer Potable Water Not to exceed 98/ of County treatment and storage system s rated capacity with of least 20 lbs per sq inch at property line and average 280 gallons per capita per day Implemented ongoing Drainage Nonresidential development and redevelopment accommodate runoff to implemented ongoing meet Federal state and local requirements Solid Waste County system maintains a minimum of 5 years capacity Village use Implemented ongoing generation rate of 5 2 lbs per person per day Recreation Maintain a LOS standard of at least 2 5 acres of park land per 1 000 persons permanent population In progress Pnor to and since incorporation the Village has been below a LOS standard of 2 5 acres of parks and recreation space per 1000 persons However the Village is in an ongoing pursuit to achieve this goal Wallace Roberts & Todd, LLC 63 Policy 1 51 Implemented Ordinances 30 163 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 1 3 1 Capital improvement program schedule shall not Include projects that would achieve Implemented ongoing significantly more intensive development than authorized by this plan by directly causing developer applications for Land Use Plan or zoning map amendments t W. tl Policy 1 4 1 Implemented ongoing Ordinances 30 160 30166 By statutory deadline or sooner enact and enforce a concurrency management system that meets 9J 5 0055 as part of LDC 1 Measure conformance with LOS sta dards for water solid waste and drainage Implemented ongoing recreation and traffc 2 Concunency Monitonng System Implemented ongoing The Land Development Code requires a review of concurrency dunng every budding permit application review 3 Capacity Reservation Implemented ongoing 4 Administration Implemented ongoing 5 Project Impact or Demand Measurement r The concurrency management system formulas shall include the public facility demands to be created by the two DRI projects as committed and capital improvement schedule shall include the project implications of this demand to assure concurrency Implemented ongoing Policy 1 5 2 Explore a recreational impact fee for all new development to help fu d acquisitions Not implemented and improvements by 1994 Policy 1 5 3 The Village shall not give approval to new projects that create need for expanded Implemented capital improvement unless the project pays a proportional share of the costs of these improvements following legally prescnbed cntena for such fees Wallace Roberts & Todd, LLC 64 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 4 Major Local Issues In 1998 the State of Florida modified statutory requirements for the EAR permitting local governments to identify key local issues and use them as the basis upon which to measure the performance of the Master Plan A subcommittee of the Village s 2020 Vision/EAR Committee —the EAR Advisory Subcommittee —was delegated the task of identifying key local issues to be addressed in the EAR To this end the subcommittee held a series of meetings in May and June 2005 involving lively exhaustive dialogue among the members —many of whom were similarly involved in the pre -incorporation work and the work preceding the Village s 1995 Master Plan —as well as close coordination with the initial round of visioning activities that led to the formulation of the Vision Statement The resulting set of major issues described in the following pages was unanimously approved by the EAR Subcommittee and then by the 2020 Vision/EAR Committee at its June 15 2005 meeting The list was subsequently ratified by the Village Council via Resolution No 2005-28 on July 5, 2005 (see Appendices) The list of issues was also shared with adjacent local governments and State and regional agencies The twelve major issues are as follows Issue a Definition, Preservation and Enhancement of Key Biscayne's Unique Village Character and Quality of Life Issue b The Need for Additional Local Parks, Recreation Space and Open Space Issue c Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and Virginia Key - Interlocal Cooperation Relative to Village Issues Issue d Implications of Redevelopment Issue e Traffic Volume, Operations and Safety Issue f Sustainability of Local Retail and Services Issue g Vulnerability to Damage from Tropical Storms and Hurricanes Issue h Need to Improve or Replace Infrastructure Wallace Roberts & Todd, LLC 65 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Issue 1 Issue] Issue k Issue 1 Implications of Debt Cap Conservation, Coastal Management and Environmental Protection Land Development in the Context of Master Plan Goals, Objectives, and Policies Historic, Cultural and Educational Resources and Needs Wallace Roberts & Todd, LLC 66 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN a Definition, Preservation and Enhancement of Key Biscayne's Unique Village Character and Quality of Life What are the defining qualities and conditions that give the Village of Key Biscayne its unique identity and sense of place? What pressures and conditions exist that may threaten the preservation and enhancement of those defining qualities? In the face of redevelopment pressures escalating land and housing costs and ongoing demographic shifts there is growing concern among the community about whether the Village will be able to retain its small town character casual charm and ambiance and diverse population (1) Assessment of success in implementing Master Plan objectives related to issue Goal 1 of the 1995 Master Plan Future Land Use Element attempted to summarize the community s view of the residential character and quality it sought to preserve based on feedback it received from a survey questionnaire mailed to 5 000 local addresses Complete results were included in the 1995 Master Plan excerpts are below • 84 percent of those who responded wanted residential development to be at the lowest density possible consistent with the protection of reasonable property rights • 84 percent also said they favored either no more retail development or only a very limited amount , • 85 percent of the respondents felt the same way about additional office development • 58 percent of the respondents wanted public beach access although most wanted it limited to Village residents The majority of those stating an opinion wanted a bay -front park, • 61 percent opposed developments which place apartments above retail uses • 74 percent favored some kind of architectural review process The Village has closely followed and complied with the interrelated goals, objectives and policies which complement the Master Plan s Wallace Roberts & Todd, LLC 67 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN definition of the desired community character Among other things the Village (1) adopted land development regulations consistent with the Master Plan (2) retained professional and trained staff and implemented procedures to enforce the adopted codes and provide guidance to those seeking development approvals (3) acquired and improved the Village Green and other parks (4) negotiated set -asides for additional parks and open space (5) developed the Civic Center complex including the Community Center (6) promoted communication through an interactive website, community television and other means, (7) solicited community involvement through advisory committees and otherwise, (8) performed numerous streetscape and landscape improvements and other beautification measures and (9) has undertaken the 2020 Vision initiative Experience reflection and more active community involvement have enabled citizens to produce a finer grained vision statement --that more accurately reflective of the true Key Biscayne character and quality of life valued by residents (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated The Crandon Boulevard Master Plan Citizen s Advisory Committee held a senes of visioning exercises to inform the street s design concept Results show that sentiment for the Village s character has remained largely unchanged over the past decade residents want to preserve the human scale of the Village the shady, often native vegetation, the juxtaposition of elegance and relaxation, and the breezy, ocean -side appearance In some respects however the Village s goals have evolved For example public sentiment about retail needs and traffic circulation appear to have changed, as reflected in the EAR public participation and 2020 Vision SWOT exercises This is demonstrated through a commitment to traffic interconnection between Fernwood Road and the commercial centers along Crandon Boulevard, and between the commercial centers that was not evident in 1995 Wallace Roberts & Todd, LLC 68 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN b The Need for Additional Local Parks, Recreation Space and Open Space In spite of recent major initiatives to create new parks and recreational facilities the Village continues to have an unmet need within the Village limits for recreational and open space amenities for the existing residents —particularly the growing population base of families with children Deficiencies include passive parks multi -purpose playing fields ball fields neighborhood -scale parks, mini -parks and other recreational facilities In addition the Village, though located on an island has limited public access to Biscayne Bay and the Atlantic Ocean Given the near -built -out condition of the community and escalating property values the Village faces a number of challenges in providing additional park sites playing fields and other recreational opportunities (1) Assessment of success in implementing Master Plan objectives related to issue The Village s Level of Service standard for parks and recreation space as measured by total acreage continues to be unmet Table 8 Key Biscayne Parks and Recreation Level of Service Total Acreage Parks & Recreation Space Population Level of Service Standard (acres/1000 people) Actual Level of Service (acres/1000 people) Shortfall (acres) 1995 145 8841 25 164 76 2000 21 8 11 190 2 5 1 96 6 2 Calculation of Level of Service in 1995 When the Master Plan was adopted in 1995 three facilities in Key Biscayne contributed to the calculation of the level of service11 the Crandon Boulevard Tree Farm, the Key Biscayne Community School (now known as the Key Biscayne K-8 Center) and Calusa " The Village is not able to include towards its acreage count Miami -Dade County s Crandon Park to the north the State of Florida s Bill Baggs Cape Florida Park to the south and the privately owned limited access 2 4 -acre Key Biscayne Beach Club and 4 5 -acre Key Biscayne Yacht Clubs (both are within Village limits) because the facilities are neither under its jurisdiction part of an interlocal agreement nor in the cases of the private clubs openly accessible to the general public Wallace Roberts & Todd, LLC 69 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Park According to the Master Plan these three facilities together totaled 14 5 usable acres corresponding, in 1995 to a parks and recreation level of service of 1 64 acres per 1 000 permanent residents • The first the 9 2 -acre Crandon Boulevard "Tree Farm was purchased in the early 1990s by the Village to serve as the Village Green a passive recreation facility with a playground and a path encircling multi -purpose use open fields By developing this facility the Village partially met Objective 1 4 of the Recreation and Open Space element which seeks to achieve open space • The second Key Biscayne Community School provided the Village with 2 3 acres of recreational space Shortly following the adoption of the Master Plan and consistent with Objective 1 2 of the Recreation and Open Space Element the Village signed a formal joint use agreement with Miami -Dade County Public Schools regarding use of Key Biscayne K-8 Center s fields The Village s Parks and Recreation Department maintains all of the school s grounds in exchange for public use of the fields at the conclusion of the school day • The third facility Calusa Park which is inside the Village s northern boundary yet part of Miami -Dade County s Crandon Park provided, among its 9 5 total acres 30 acres of usable playfields and recreational facilities and 4 5 acres of mangroves and other vegetation The Village does not own the Park, but has an interlocal agreement for its nonexclusive use with Miami -Dade County12 At the time the Master Plan was adopted the Village anticipated expanding Calusa Park at its own expense in order to provide additional acres of parkland and space suitable for active recreation uses However, an agreement with the County was not reached since the County was in the process of developing its own Crandon Park Master Plan to determine future uses of park assets 12 Through its interlocal agreement with Miami Dade County the Village of Key Biscayne Parks and Recreation Department is responsible for administering the management of both Calusa and parts of Crandon Park including weekly inspections for maintenance and safety concerns Wallace Roberts & Todd, LLC 70 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Parks, Recreation and Open Space Changes between 2000-2005 The composition of the Village s parks open and recreation space has changed over the past decade In accordance with recommendations in the Master Plan 13 the Village • Built a new community center on the northwest sector of the Civic Center site ■ Added the 2 8 -acre Key Biscayne Lake Park located at the corner of East Enid Drive and Crandon Boulevard ■ Renovated and upgraded beach access at the 2 0 acre Beach Park the improvements are designed to concentrate most of the activity along the beach in order to maximize residents access to the ocean 14 • Completed a beach renounshment project that added approximately 11 acres of sand to the shoreline bordering the Village s eastern limit The pre-renounshment beach was 18 48 acres and the post-renounshment beach was approximately 29 53 acres upon project completion in 2001 Floor Area Ratio incentives for providing beach access easements have been added to the Zoning Code In addition to recommendations in the Master Plan, the Village ■ Entered into a joint use agreement with St Agnes Catholic Church in 2004 that formalized Village use of the Church s 2 1 -acre playing field In exchange for use of the Church s fields, the Village Parks and Recreation Department contributed $400 000 in improvements including lights for the field and refurbished drainage sod and irrigation 13 The Master Plan also recommended the acquisition of the residential and commercial blocks between West McIntyre Street West Enid Drive Glenndge Road and Crandon Boulevard (totaling 6 7 acres) for open space and recreation facilities and the development of the Enid/Crandon/Seaview Drive parcel (10 2 acres) into a recreation facility The Village did not acquire these blocks as originally described Instead since 1995 property has been acquired between Fernwood and West McIntyre Street south of the Village Green for the construction of the Community Center on the south side of West McIntyre Street between Fernwood Road and Crandon Boulevard for the development of the Fire Station and Village Hall and between West McIntyre Street and Crandon Boulevard south of the Sun Trust Bank site for the development of a passive park This last parcel however remains vacant The Civic Center Master Plan contemplated a theater or cultural center on this parcel based on feedback from residents A final decision on the use of this parcel has not yet been made however at 0 33 acres in area the parcel is not large enough to accommodate playfields or other active recreation facilities 14 The land for Lake Park and Beach Park was deeded to the Village by the Ocean Club in 2001 and 2002 respectively Wallace Roberts & Todd LLC 71 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN systems In addition, the Village annually pays St Agnes $36 000 in lease fees ■ Acquired 0 4 acres of pedestrian friendly pocket parks and mini -plazas (reclaimed from pavement) as part of the Crandon Boulevard Master Plan The Village lost approximately 0 28 acres of playing fields at the renamed Key Biscayne K-8 Center (formerly known as the Key Biscayne Community School) in 2004 to the construction of a new Middle School facility at the southwest corner of the campus The budding was completed in June 2005 Calculation of Level of Service in 2005 Of the projects listed above, the following contribute to the 2005 Parks Recreation and Open Space Level of Service Table 9 Parks and Recreation Facilities Counted in 2005 Level of Service Calculations' Parks and Recreation Space Calusa Park' 2 Village Green Key Biscayne K 8 Center3 East Enid Lake Park Beach Park Pocket Parks.' St Agnes Field TOTAL Acreage 3 00 9 50 2 02 2 78 2 00 0 39 2 13 21 82 1 Calusa Park is with the Village limits and is used by Key Biscayne residents but it belongs to Miami Dade County 2 The 3 0 acres includes open space and recreational facilities but excludes protected mangrove areas 3 The acreage count for the Key Biscayne K-8 Center has changed over the past decade due to renovations and expansions to the onginal K-5 facility in 1995-1997 and the construction of a new Middle School building to serve grades 6-8 in 2004-2005 4 The pocket parks are part of the Crandon Boulevard Streetscape Master Plan Today, the level of service is estimated at 1 96 acres per 1 000 residents based on the estimated 2003 population of 11,160 persons To meet its objective of 2 5 acres per 1,000 residents at current population levels, the current parks and recreation space needed is a total of 27 9 acres Moreover, to meet the needs of Wallace Roberts & Todd, LLC 72 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN the projected build -out population of 11,425 approximately 28 6 total acres of parks recreation and open space land would be needed by 2015 (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated Since the completion of the Master Plan the amount of potential land available for conversion to parks and recreation space has decreased Vacant or redevelopable lots once for sale and possibly suitable for public pocket parks and bay access points have since been purchased and developed privately These parcels would be extremely costly to acquire and convert to public use today factoring in values of the land and existing structures In conjunction with its visioning process, the Village of Key Biscayne is evaluating an extensive list of capital improvement projects, which includes several projects relevant to the protection and enhancement of the Village s parks and recreation space In January 2006, a subset of members of the 2020 Vision/EAR Committee s EAR Subcommittee was asked to rank the pnonty and estimate the cost of each project Upon consideration of input from the community and the other members of the EAR Subcommittee as well as the full citizen s advisory committee the following projects were labeled as high priority • Civic Center Park (use of this now vacant parcel at 560 Crandon Boulevard is to be determined at a later date in the context of all the Vision Plan projects) ■ Bay Access (20 foot wide Matheson Drive View Corridor to Bay) ■ Community Parks/Playing Fields (Option 1 Key Biscayne Presbyterian Church (through a joint use agreement) — enhancements include a Bayfront Park, Playing Field, Canal Bay Access Park, Mangrove Interpretive Park floating fishing pier over water, Option 2 Bayfront Park on Harbor Drive —enhancements include a sandy beach small shade structure sitting areas, pier, trees and grass) • Calusa Park (mangrove nature trail with bay access and new baseball and soccer fields —in addition to existing tennis courts, bathrooms and a parking lot) Wallace Roberts & Todd, LLC 73 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Neighborhood Parks (overlook in right of way on Crandon Boulevard at Pines Canal, short interior street ROW demolition trees grass benches pedestrian -scale lights) ▪ Nature Trails (Presbyterian Church bay area to St Agnes Church at rear or 7-11 Shopping Center through Calusa Park to Crandon Park Tennis and St Agnes Playing Field to 7-11 Shopping Center) c Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and Virginia Key - Interlocal Cooperation Relative to Village Issues Despite a recent extension of the interlocal agreement for use of Crandon Park as a whole Calusa Park —a portion of Crandon Park but also an appurtenance to the Village —remains an underutilized resource Considering that Virginia Key Crandon Park and Bill Baggs Cape Flonda State Park abut the Village and affect local conditions interlocal cooperation with the City of Miami Miami -Dade County State of Florida Department of Environmental Protection and other agencies will be critical to forestall problems and find solutions to local and regional problems related to park access usage, and visitation issues As one of three governments involved in creating the Virginia Key Master Plan, the Village must continue to work with Miami -Dade County and the City of Miami to ensure that the Master Plan includes facilities necessary to meet the needs of Key Biscayne residents (1) Assessment of success in implementing Master Plan objectives related to issue The Key Biscayne Master Plan devotes an entire chapter to intergovernmental coordination to strengthen its relationships with other jurisdictions and protect its interests amidst regional change Where the State, the County, and the City of Miami make decisions that affect Key Biscayne, the Village Council monitors their actions and maintains ongoing communication with them • The Village Council has participated in ongoing dialogue with the State, the County, and the City of Miami to address traffic, safety, and redevelopment concerns generated by Virginia Key, the Causeway, and Crandon and Bill Baggs Cape Florida Parks Wallace Roberts & Todd, LLC 74 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • The Village is a member of the Virginia Key Master Plan Committee According to the City of Miami Planning Department the Virginia Key Master Plan s intent is to develop meaningful waterfront and public open space areas to offer policies for the use, development and management of land and to protect and enhance natural resources while providing the necessary infrastructure and traffic flow to serve future development ■ The 3 -acres of open space usable for recreation at Calusa Park outside north edge of Key Biscayne's municipal limits, are located within the boundaries of Miami -Dade County s much larger Crandon Park This publicly accessible part of Calusa Park s 9 acres is largely a clearing surrounded by mangroves on three sides and consisting of tennis courts, a playground open space a pavilion with public restrooms and a parking lot The Village has attempted to reach agreements with Miami Dade County for improvements to Calusa that would add a soccer/baseball playing field, without result to date However the Village plans to upgrade the pavilion/restroom facility and modify the tennis courts into multipurpose sports courts to meet both Crandon Park Master Plan and Village needs has been approved • The Village negotiated an extension to the Crandon Park agreements providing for use of lighted playing fields on a scheduled basis • The Village attempted to negotiate with the State of Florida a possible solution to its open space and playing fields deficiencies by dedicating a portion of the area adjacent to the north entrance of Bill Baggs Cape Florida Park to local recreational needs, subject to appropriate controls and defined uses However an agreement which would have added a nature trail with bay access and soccer and other playing fields, was not met (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated See preceding section C(1) Wallace Roberts & Todd, LLC 75 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN d Traffic Volume, Operations and Safety The Village has made great strides in improving traffic safety through traffic calming in certain areas of the Village In other areas of the Village excessive traffic speed and cut -through traffic remain a problem particularly in areas lacking sidewalks and crosswalks for pedestrian safety Changing demographics, growth and commerce have resulted in local traffic congestion In addition, expected increases in visitation to the regional attractions located on or near Key Biscayne —particularly during holiday weekends and for special events —raise concerns about ever-increasing traffic congestion on Crandon Boulevard the Village s main conduit for ingress and egress, as well as about traffic speed cut -through traffic, and public safety on residential streets (1) Assessment of success in implementing Master Plan objectives related to issue As recognized in the Crandon Boulevard Master Plan the level of congestion has great potential to increase while new development will be limited older single-family homes within residential areas are being redeveloped into larger homes for larger families with more cars Given that the current build out of some commercial developments is below the allowable 0 50 Floor Area Ratio, an increase in the commercial square footage is possible The Ocean Club condominium development currently has a very low average occupancy rate, but is likely to see a significant increase Because Crandon Boulevard is the sole access to Bill Baggs Cape Florida Park and the only thoroughfare traversing Key Biscayne, the road already experiences heavy through -traffic Crandon Boulevard the Village's only principal urban artenai roadway15 and the only Village road that remains under Miami - Dade County jurisdiction is the first street to undergo major improvements since the adoption of the Master Plan The study that resulted in the 2004 Crandon Boulevard Master Plan was approved and funded by the Village of Key Biscayne and Miami - Dade County in an interlocal agreement dated February, 8, 2002 The study sought to address the following goals improved public safety, easing of traffic congestion, traffic calming, pedestrianization, improved mass transit, and improved 15 This designation was granted by the Federal Highway Administration and the Honda Department of Transportation Wallace Roberts & Todd, LLC 76 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN streetscape and landscape elements Based upon the recommendations provided by the Village Council The Crandon Boulevard Master Plan Committee an 18 -member citizen advisory committee appointed by the Village Council worked with consultants and members of the public to achieve these goals The Committee made its recommendations to the Council who approved the Master Plan in 2004 The Miami -Dade County Commission followed with its approval In February 2005 the Village began the first phase of construction at the intersection of Crandon Boulevard West McIntyre Street and Galen Drive in front of the Civic Center Phase II of the project began in July 2005 along Harbor Drive from Fernwood Road to the intersection with Crandon Boulevard Harbor Drive is one of the Village s two collector streets Phase II also includes improvements from the entry block of Crandon Boulevard to West McIntyre Street to the southern end of Crandon Boulevard at the entrance to Bill Baggs Cape Florida State Park Public safety and street improvements in Phase II include • Redesigned intersections where Crandon Boulevard meets cross streets and condominium entranceways features include tightened corner radii and contrasting pavers in pedestrian crosswalks and infields • A new 8 foot wide sidewalk on each side of Crandon Boulevard • Curb and gutters on the commercial frontage along Crandon Boulevard and Harbor Drive • Improvements on Crandon Boulevard and Harbor Drive that will increase the flow of traffic's • A large traffic circle on Harbor Drive and Fernwood Road that will increase the flow of traffic • New traffic lights that will maintain the flow of traffic on Crandon Boulevard • Marked bicycle path on each side of Crandon Boulevard • shade trees along the swale and additional palm trees in the median on Crandon Boulevard, and 16 This will be cntical in responding to concerns regarding traffic congestion the Crandon Boulevard Master Plan recognized the heaviest regular congestion experienced within the Village is at the intersection of Crandon Boulevard with Ocean Lane Dnve and Harbor Drive Wallace Roberts & Todd, LLC 77 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • New bus shelters and benches along the east side of Crandon Boulevard and bus stops with benches along the west side for the entire length of the Boulevard with the Village limits Phase I Intersection improvements at the Crandon Boulevard intersection with West McIntyre Street and Galen Drive as well as between Crandon Boulevard and Village Green Way along West McIntyre Street were paid for by funds appropriated from the Civic Center Project budget Phase II is funded primarily by the proceeds of a half -penny transit tax approved by Miami -Dade County voters in 2002 that was awarded to qualifying municipalities on a yearly basis the Village leveraged its share of these funds to raise approximately $2 3 million of the $4 0 million estimated costs The surtax funds are supplemented by contributions from developers currently redeveloping or planning to redevelop commercial properties in the Village of Key Biscayne The State of Florida contnbuted $1 million in additional funding in acknowledgement that Crandon Boulevard provides the only access to Bill Baggs Cape Flonda State Park, one of the most highly visited parks in the state Specific funding for the implementation of Phase III had not been identified at the time of adoption of the Crandon Boulevard Master Plan However County and State sources are expected to be available As of February 2006 Phase II construction work has been funded from a $3 5 million loan paid from County funds a $1 5 million County -approved grant from the Flonda Department of Transportation (FDOT) and $282,994 from developer impact fees 17 Four local roads serve important functions in Key Biscayne s circulation network, in addition to Harbor Drive and West Mashta dnve, designated collector roads by FDOT standards Fernwood Road one of three north/south roads in the municipality separates the commercial distnct from the residential area As such it will need to be explored for improvements West Wood Drive West McIntyre Street and West Heather Drive all collect traffic from tangential Village streets and direct it to Harbor Drive and Crandon Boulevard To date, the Village has made minor improvements to some east/west roads east of Crandon Boulevard (East Enid Drive, Seaview Drive and Grapetree Dnve), but none was part of a " The Village is seeking funding to continue the project on Crandon Boulevard from McIntyre Street to the State Park Wallace Roberts & Todd, LLC 78 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN comprehensive strategic plan to improve the network A coordinated methodology is necessary Multimodal Transportation In 1999 the Village of Key Biscayne Chamber of Commerce undertook a study to explore the interest in and the feasibility of a free trolley service in Key Biscayne geared toward seniors Survey results indicated that the majority of respondents supported a trolley service but believed it should be paid for by private enterprise rather than the Village Based on this feedback the Village proceeded to contact the Miami -Dade Transit Authority (MDTA) to initiate the process of creating an interlocal agreement and applying for a circular route certification of transportation Prior to formalizing any agreements the Chamber of Commerce sought to procure a trolley for a trial testing period trolley vendor quotes were prohibitively expensive and the project was deemed to be unfeasible due to the high costs involved for comparatively low projected ridership In February 2004 the provision of a trolley service was revisited by the Crandon Boulevard Master Plan Committee MDTA a consultant to the Crandon Boulevard Master Plan Committee suggested expanding target ridership from primarily seniors to a mixed age group Upon reviewing the recommendation the committee determined that a trolley service owned and operated by the Village of Key Biscayne would entail extensive costs for equipment personnel and maintenance and not have sufficient riders to make it economically feasible at this time A more detailed study in the future could be performed to determine if a different trolley/shuttle passenger mix such as children attending island public and private schools, seniors and MDTA bus riders could be feasibly accommodated The Miami -Dade County Metropolitan Planning Organization Municipal Program has planning fund available for such studies, and interested municipalities can compete for these planning funds (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated According to the February 2004 Traffic and Parking Impacts of Commercial Development study commissioned by the Crandon Boulevard Zoning and Redevelopment Committee during the past 10 years, intra-Village traffic grew by 15 percent while traffic along Crandon Boulevard north of Harbor Drive (beyond northern Village Wallace Roberts & Todd, LLC 79 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN limits) had only a 5 percent increase The growth of the intra- village traffic is the direct result of new construction and redevelopment including the Ritz -Carlton Hotel (formerly the Grand Bay Resort) the Grand Bay Residences (condominiums and single family homes) the Ocean Club and a proportional increase in drivers per household Many of the larger commercial properties that front on Crandon Boulevard are bounded along their rear property line by Fernwood Road The Village has been considering the possibility of allowing driveway connections from Fernwood for these properties Such connections are expected to produce a redistribution of traffic from Crandon Boulevard to Fernwood Road of 5 to 10 percent and a more limited redistribution along the intersecting side streets Since adoption of the Master Plan the Village has started funding a senior transport service Administered by the parks and recreation department to service transports seniors to any location on the Key including Crandon and Bill Baggs Cape Florida State Parks e Implications of Redevelopment Due to ever -escalating property values and unavailability of vacant land, pressures for redevelopment continue to grow Redevelopment issues remain a major concern of the Village The replacement of homes built in the 1950s and 1960s with new homes has resulted in increases in population and vehicular traffic, as well as in visual impacts related to the scale and massing of new buildings In addition, existing, older rental apartment buildings will either be substantially renovated or demolished and replaced with new condominium buildings The conversion of apartment buildings affects the availability of housing at price points that might attract seniors young adults and others that would enhance the diversity of the community Similarly, concerns exist about the impacts that proposed hotel and condo -hotel redevelopment at the existing Sonesta Resort and potential future redevelopment of the small-scale Silver Sands Motel sites might have on density building mass traffic and local businesses (1) Assessment of success in implementing Master Plan objectives related to issue Wallace Roberts & Todd, LLC 80 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN When the Master Plan was adopted in 1995 the trend of sound existing modestly -scaled houses being demolished in order to build excessively proportioned houses with modern amenities was emerging in Key Biscayne Redevelopment s three pronged effect on the island —the alteration of the affordability and diversity of housing stock appearance and levels of traffic —has been addressed over the last decade in varying degrees Affordability and Diversity Appreciating property values and redevelopment continues to reduce the affordability and diversity of housing in Key Biscayne In recent years several rental properties have been converted to condominiums thereby contributing to the overall diminishing availability of rental units As the older housing stock is converted into much larger more expensive structures the ability to purchase property on Key Biscayne is increasingly elusive as well In the Village these trends most directly affect the elderly and young families with intentions to move within the island to different units but not necessarily the means to be able to afford the taxes associated with doing so Through a variety of mechanisms the Village has made and is in the process of making efforts to curb this trend For example it • Converted the zoning designation of several properties on Fernwood Road to be Two -Family in order to diversify the housing stock Several of these properties are rentals ▪ Permits group housing in all multi -family districts • Monitors the production of housing the larger metro area to ensure regional needs are met • Through the 2020 Vision process continues to discuss the needs of its elderly population and will continue to explore the feasibility of providing incentives for the provision of assisted living facilities in the Key • Explores innovative solutions to increase the affordability and diversity of the stock while maintaining compliance with Coastal High Hazard Area regulations However the Village s ability to provide affordable housing is constrained by several factors • As a Coastal High Hazard Area within floodplain designation AE the Village is not permitted to approve Wallace Roberts & Todd, LLC 81 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN any development applications that would serve to increase density beyond what exists or is allowed by current zoning and/or vested rights - The Village is almost entirely built out Purchasing property from the very limited supply of vacant land would be costly and likely burden the debt cap Policy 1 3 1 of the Capital Improvements Element of the Master Plan states that the capital improvement program schedule shall not include projects that would achieve significantly more intensive development than authorized by this plan by directly causing developer applications for Land Use Plan or zoning map amendments Policy 1 5 3 of the same element follows the Village shall not give approval to new projects that create need for expanded capital improvement unless the project pays a proportional share of the costs of these improvements following legally prescnbed criteria for such fees • Because it is bordered by Biscayne Bay to its west county -owned Calusa and Crandon Parks to its north the Atlantic Ocean to its East, and Bill Baggs Cape Florida State Park to its south annexation is not an option The University of Florida s Shimberg Center for Affordable Housing under contract with the State of Florida Department of Community Affairs, prepares an Affordable Housing Needs Assessment (ANNA) for each municipality in the State in order to assist in the development and evaluation of comprehensive plan housing elements The ANNA provides information about household size, income (as measured against the median), ownership status and other indicators While the ANNA is a suitable source of information on affordable housing in many municipalities in Florida, it is not for a small community with finite land resources such as Key Biscayne It is critical to note the Assessment s caveats According to the Shimberg Centers September 2005 Affordable Housing Needs Assessment Population and Household Projection Methodology report, the most important base data for preparing estimates and projections of housing demand is population data However population information is difficult to project for small jurisdictions such as Key Biscayne and therefore the accuracy of housing affordability forecasts in this case is compromised for the following reasons Wallace Roberts & Todd, LLC 82 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Population projections are based on previous trends in a jurisdiction As such they are not able to account for a particular community having limited land availability • Population estimates and projections for small areas as compared to the nation or a state are difficult because of the influence of in- and out- migration of population land availability zoning infrastructure availability, and other factors that have a large impact at the local level • In a smaller city like Key Biscayne the impact of growth is magnified under certain projection techniques • Several avenues are closed off to a method that must project an age distribution at the jurisdiction (or other small area) level Cohort -component and econometric techniques require detail generally lacking at this geographic level • In general the complexity of a calculation and its potential error is increased by adding levels of detail (total population vs age sex, and income detail), decreasing the size of the place (nation vs county vs census tract) and increasing the time since the last base point (estimate for 5 years since the last census vs 20 year projection vs 50 year projection) Estimating and projecting a population s composition is especially problematic for small geographic areas such as Key Biscayne because it requires the consideration of all three factors detail size, and horizon According to the AHNA, the Village will have the following (Tables 11 and 12) demand for affordable housing over the next twenty years To reiterate, due to the caveats stated above, the Village deems these figures to be exaggerated Wallace Roberts & Todd, LLC 83 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 11 Affordable Hous ng Demand in Key Biscayne Year 2005 Year 2010 Year 2015 Year 2020 Year 2025 Total Number of Households 4439 4694 5038 5377 5560 Renter Households/% of Total 1243/28% 1280/27% 1354/27% 1416/26% 1468/26% Owner Households/% of Total 3196/72% 3414/73% 3684/73% 3961174% 4182/75% Very Low Income renter Households/% of Total Rentals 445/36% 467/36% 500/37% 528/37% 552/38% Low Income Owner Households/% of Total Rentals 255/21% 260/20% 277/20% 287/20% 294/20% Moderate Income Renter Households/% of Total Rentals 238/19% 244/19% 254/19% 265/19% 276/19% Total Low and Moderate Income Renter Households/% of Total Rentals 938/75% 971/76% 1031/76% 1080/76% 1122/76% Very Low Income Owner Households/% of Total 527/16% 570/17% 634117% 708/18% 784/19% Low Income Owner Households/% of Total Owned 426/13% 463/14% 514/14% 569/14% 609/15% Moderate Income Owner Households/% of Total Owned 558/17% 594/17% 652/18% 701/18% 738/18% Total Low and Moderate Income Owner Households/% of Total Owned 1511/47% 162748% 1800/49% 1978/50% 2131/51% Source Affordable Housing Needs Assessment Shimberg (;enter for Attoraaale dousing In order to accommodate local housing needs based on the Shimberg Assessment s household size, tenure and income projections Key Biscayne would need to have the following quantities and distributions of units between 2005 and 2025 Table 12 Projected Demand of Renter- and Owner Occupied Units by Income based on ANNA Data 2005 2010 2015 2020 2025 Very Low Income Units Rental 445 467 500 528 552 Owner 527 570 634 708 784 Total Very Low Income Units 972 1 037 1 134 1 236 1 336 Low Income Units Rental 255 260 277 287 294 Owner 426 463 514 569 609 Total Low Income Units 451 723 791 856 903 Moderate Income Units Rental 238 244 254 265 276 Owner 558 594 652 701 738 Total Moderate Income Units 796 838 906 966 1 014 Middle/Upper Income Units Rental 305 309 323 336 346 Owner 1 685 1 787 1 884 1 983 2 051 Total Middle/Upper Income Units 1990 2 096 2 207 2 319 2 397 Source Affordable Housing Needs Assessment Shim berg Center for AffordablH e ous ng Wallace Roberts & Todd, LLC 84 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Highlighting one of the AHNA s caveats critical to Key Biscayne estimates are based on historic and current population figures and growth trends that do not necessarily reflect actual local conditions The data projects upon continuous increase a Village population of 14 068 in 2025 However the Village Key Biscayne is currently very close to build -out and more likely to follow the growth trend predicted for the Village by Miami -Dade County which forecasts a leveling of population in 2010 at approximately 11 425 residents The Shimberg Center estimates this population sometime between 2005 and 2010 therefore, the Villages demand for housing units between 2015 and 2025 will probably be closer to the estimated demand between 2005 and 2010 The condition of the existing housing is a complementary facet of providing adequate affordable housing The Shimberg Center for Affordable Housing defines substandard units as those that have one or more of the following characteristics no heating fuel incomplete kitchen and/or plumbing and/or overcrowded units In addition substandard units may have code violations and/or structural issues The data reflect Key Biscayne s superior quality of residential units See Table 13 Table 13 Substandard Housing 2000 Overcrowded Units (Occupied Units) No Heating Fuel Used (Occupied Units) Lacking Complete Kitchen Facilities (Ali Units) Lacking Complete Plumbing Facilities Number Percentage Number % Number % Number % 282 6 6 194 4 6 7 0 1 27 0 4 ource Affordable Housing Needs Assessment Shimberg Center for Affordable Housing 2005 Appearance To maintain the appearance of the Village s residential areas and limit structures disproportionate to their lot sizes from being built the Land Development Code regulates the maximum lot coverage, the maximum floor area ratio setbacks, and the maximum number of stories in residential zones The Village s landscape ordinances reinforce the regulation of the exterior appearance of structures Landscape design shall enhance architectural features, relate structural design to the site visually screen dissimilar uses and unsightly views reduce noise impacts from roadways and incompatible uses, strengthen vistas and reinforce neighborhood site design and architecture (Article IX Sec 30-233 (1)) Compliance with these regulations is tracked during the site plan Wallace Roberts & Todd, LLC 85 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN review process No historic preservation policy to protect older residential stock such as Mackie homes or any other structures on the island has been implemented however there are currently no structures that meet the state or national age and significance requirements for state or national historic designation Traffic Anecdotal evidence suggests that traffic congestion has increased over the past decade While the Village has continuously met level of service standards for most roads on the island a few locations —specifically, select intersections along Crandon Boulevard with Harbor Drive West Wood Drive and the Key Colony Condominium entrance —have worsened The Crandon Boulevard Master Plan Implementation Project which is currently under construction will correct these deficiencies The Master Plan explicitly recommends a reduction in curb cuts and at the intersection of Fernwood Road and Harbor Drive the primary collector street for much of the local and commuter traffic from the primary single-family residential neighborhood on the west side of the Village, a roundabout has been built to alleviate traffic generated by the three day schools in the area Additionally congested and unsafe turn lanes have been redesigned to better accommodate demands generated by surrounding uses and signal timing has been adjusted (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated The Master Plan was written prior to the complete construction of the Grand Bay Residences and Residences and the Ocean Club, the two very influential Developments of Regional Impact on Key Biscayne The Plan recognized that the residential intensity finalized for the two DRI tracts would ultimately determine the build out population of the Village and therefore projections would need to be reassessed once the two projects were more solidified According to the February 2004 Crandon Boulevard Master Plan, while the Village of Key Biscayne is nearly fully developed, the potential exists for redevelopment -induced increases in future traffic volumes on Crandon Boulevard The vacant commercial parcel across from Key Colony, an increase in commercial square footage is possible for some of the existing commercial developments given that their current build -out is below the Wallace Roberts & Todd, LLC 86 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN allowable 0 50 Floor Area Ratio Older single-family homes within residential areas are being redeveloped into larger homes for larger families with more cars The Ocean Club condominium development which currently has a very low average yearly occupancy rate of approximately 30 percent could see an increase in occupancy over the next decade (like the Key Colony development experienced in the 1990s) As demand increases in an area of finite supply both commercial and residential rental rates and property values are increasing Key Biscayne has become unaffordable for current segments of the population —particularly seniors who have lived in the Village for decades, maintained the same tax rate on their property and would like to downsize but can t afford to purchase a new property for which they would have to pay today s tax rate —and priced out many smaller, daily needs businesses whose typical revenue could not support the rents commanded by local commercial properties f Sustainability of Local Retail and Services For the community to remain sustainable in the long-term, it must be able to provide basic services that satisfy basic community needs Increasing property values and rent levels threaten the economic viability of small merchants, services, and retailers who provide important local services (1) Assessment of success in implementing Master Plan objectives related to issue There are two primary components to consider in an assessment of the provision of daily, basic goods and services the quantity of retail and the type of retail Research conducted for the 1995 Master Plan and, a decade later, for the Analysis of Retail and Service Space (September 2005) and Traffic and Parking Impacts of Commercial Development (February 2004) studies indicates a consistency in the amount Key Biscayne has more square feet of retail building area than its residents alone are able to support and despite parking shortages, shopping centers, office space and retail space have high levels of occupancy Traffic Circulation Objective 1 2 in Part II of the Master Plan seeks to limit commercial development and redevelopment to arterial road frontage plus Harbor Drive collector street frontage from Fernwood Wallace Roberts & Todd, LLC 87 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Road to Crandon Boulevard The Village has implemented this objective by adding a Commercial district to the Land Development Code all commercial development and redevelopment is contained within that zone As denoted on the future land use map, the District is primarily located along Crandon Boulevard The Master Plan addresses the issue of quality very minimally Part 1 indicates a need for additional filling stations and food and drug store space but develops the topic no further Part II does provide policies or objectives to encourage or stimulate the provision of basic retail services In May 2004 the Village Council created the Crandon Boulevard Zoning and Development Committee in order to address use, design and development regulations for commercial properties located in the entry block The Committee s work resulted in changes to the Land Development Code Ordinance 2005-19 passed in November 2005 amended Section 30-101 Commercial Districts of Chapter 30 Zoning The Ordinance supports in future development the inclusion of businesses geared toward the service of local needs Additionally, it altered permitted uses setbacks, maximum number of stories, floor area ratios lot coverage minimum lot area, and setback requirements in C-1 Commercial Areas In order to deemphasize the visual prominence of parking, the ordinance added floor area ratio bonuses for the use of subterranean or set -back parking garages Floor area ratio bonuses were also offered for the use of preferred design elements, site locations uses, parking configurations and landscaping (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated There continues to be a notable lack of small merchants and retailers providing local services Rent levels price out of the market all but the most financially profitable businesses —such as banks financial services and real estate agents Over the past decade the problem has been exacerbated by an increase in rent disproportionately higher than the natural increase in the rate of inflation Wallace Roberts & Todd, LLC 88 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN g Vulnerability to Damage from Tropical Storms and Hurricanes The Village located on a low-lying barrier island in an AE flood hazard zone, is vulnerable to wind damage and storm surge damage from tropical weather systems A protective shoreline dune system partially addresses this vulnerability along the Atlantic Ocean Coast since gaps in the dune system exist to provide beach access Residential Tots with seawalls facing Biscayen Bay can be breached by storm -induced waves traveling across the shallow bay waters The health safety and welfare of residents is a major concern Many particularly the elderly, are reluctant or unable to evacuate the Village during tropical storm and hurricane events (1) Assessment of success in ►mplementing Master Plan objectives related to issue Property Goal 3 of the Conservation and Coastal Management section of the Master Plan is devoted to minimizing human and property loss due to hurricanes Through the Land Development Code and Master Plan the Village ■ Restricts the intensity of development through its Land Development Code thereby preventing densities inappropriate for a coastal high -hazard area (Conservation and Coastal Management Objective 3 1) ■ Adopted traffic LOS standards that based on Future Land Use Management (FLUM) policies, achieve a reasonable hurricane evacuation time ■ Devised a concurrency management system with a phased capital improvement in order to achieve and maintain LOS standards concurrent with impact of development (Conservation and Coastal Management Objective 3 4) ■ Enacted and enforces Land Development Code provisions requiring minimum setbacks from the ocean requires new construction at or above flood elevations specified by FEMA, restricts the amount of fill according to Land Development Code provisions and limits Wallace Roberts & Todd, LLC 89 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN funding of public infrastructure expansion 18 (Objective 3 5) • Has maintained permitted population densities to coordinate with local and regional hurricane evacuation plans according the zoning in the Master Plan • Adopted regulations based on FEMA requirements to ensure adequate drainage paths around structures to guide storm water runoff zone -appropriate first floor elevations for all new residential and non-residential buildings, the siting of all buildings in compliance with Florida Coastal Zone Protection Act of 1985 and the prohibition of structural fill In coordination with the implementation of the Master Plan s policies and objectives the Village has made substantial efforts to comply with and exceed national and state requirements Since 1998, the Village has participated in the Community Rating System (CRS), a part of the National Flood Insurance Program It has achieved a CRS classification of 6,' placing it among the top ten communities in the state of Florida and reducing its flood insurance premiums for residents by 20 percent The Village s Floodplain Management Plan, which was prepared with the aid of a State Emergency Management Preparedness and Assistance grant and adopted by the Village Council in April 1998 was showcased as a national model by FEMA in 2003 Its storm drainage capacity system has demonstrated a capacity to cope with torrential rain storms of greater than 60 year intervals in recurring frequency People Policy 1 2 3 of the Intergovernmental Coordination Element of the Master Plan states that the Village shall assist in providing information regarding services such as waste, water sewers transit and hurricane response to residents In June 2001, a Hurricane Information Manual was adopted in order to assist Village residents in planning and preparation for a hurricane and its aftermath (Conservation and Coastal 18 Funding is limited if the effect of the expansion is a direct subsidy to a specific private development in the Village Wallace Roberts & Todd, LLC 90 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Management Policy 3 2 2) Based on experiences from Hurricane Andrew in 1992 the 1991 County Emergency Operations Plan and the 1991 US Corps of Engineers Hurricane Evacuation Study, it addresses what to do before and after the storm including general outdoor and indoor safety tips The information was compiled through consultation with the Miami -Dade County Department of Code Compliance the Miami -Dade County Office of Emergency Management the Broward County Office of Emergency Management the Monroe County Office of Emergency Management and the American Red Cross and has been distributed to the public through several news outlets In early 2006 a committee will convene to address the vulnerability of residents during and after severe storms Comprised of residents and the fire chief it will explore how to best identify • residents requiring special assistance including contact information relevant medical history and needs next -of -kin and/or care -givers • those available to aid residents in need • the role the Village will play in ensuring required medication is available for the duration of the disaster and recovery period • evacuation procedures, • a transportation plan with an emphasis on those who are not independently mobile, • evacuation sites with adequate services and supplies, • off -island housing, as necessary, during storm recovery periods • generators and other alternative sources of power • the role the community center and schools may play as shelters for those who are unable to evacuate • a means by which to store necessary supplies during a period when services on the Key are absent The committee will look into establishing a data center to centrally store information and assigning an entity to maintain it as well as creating a schedule that prioritizes the seventy residents needs Wallace Roberts & Todd, LLC 91 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated See previous section h Need to Improve or Replace Infrastructure Sewer System A portion of the Village remains on individual septic systems The Master Plan indicates that limited periodic percolation of sewage effluent occurs with ground saturation during periods of heavy rains and requires that sanitary sewers must be installed by 2008 to replace the individual septic tanks How will the Village achieve this objective? Overhead Utilities Although the present network of overhead utilities is not considered functionally deficient placing all utilities underground will aid in storm recovery as well as improve the aesthetics of the Village Roadway Network Parts of the Village road network suffer from a proliferation of potholes and require improved road maintenance Village -wide Streetscape and Landscape Improvements The Village has begun implementing the recently completed master plan for the improvement of Crandon Boulevard The need for a similar initiative to consistently enhance all local roads and civic spaces has also been identified, to achieve the desired Village character and appearance (1) Assessment of success in implementing Master Plan objectives related to issue Water and Sewer Systems The 1995 Master Plan presented four alternatives the Village s existing mix of sewered and non -serviced areas (houses currently on septic) • Install sanitary sewers throughout the entire Village, prioritizing service residential streets adjacent to Biscayne Bay (such as southern Harbor Drive) ahead of others Wallace Roberts & Todd, LLC 92 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Initiate a petition among the property owners demand service from the County 1 • Set up in compliance with State statute a special taxing district and sewer collection system with sewage continuing to be received by the WASD trunk lines ■ Use the Village s general fund to pay for the entire project The Master Plan endorsed the first option the Village is currently pursuing the installation of a sewer system throughout the entire Village Key Biscayne is cooperating with the County to produce financial and engineering plans for an extension of the sewer and water systems As of October 2005 the planning portion of the project was 33 percent complete the Public Works Department foresees construction to commence in by Spring of 2006 The Sewer Project has been divided into two phases each phase contains two unserviced areas The duration of each phase is estimated to last between eight and twelve months According to the Miami -Dade Water and Sewer Authority (MDWASA) once the main water line and connections are in place, it will provide the residents with a prudent time limit in which to connect to the lines Residents will be responsible for expenses incurred from treating and removing their septic tank and making the connection The Village of Key Biscayne Public Works Department is still waiting to find out from the MDWASA the amount residents will be charged for these procedures 19 At the time the Master Plan was written the Metro -Date Water and Sewer Department (WASD) was responsible for the collection and treatment of the sewage from the lines of the Village Wallace Roberts & Todd, LLC 93 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Table 14 Sanitary Sewer and Water Conversion Project Progress Zone Percent Complete Detailed Status Zone 1 Sanitary Sewer 75 The new survey has been brought into all of the drawings and flows to the pump station are currently being verified and that no upgrades to the pump station are required A site visit was conducted in September 2005 to verify structure types and businesses and to look at project conditions (tree sizes driveway types etc ) Water Pipe material types must be verified for those portions where the consultant does not have sufficient data which will require input from the Village A site visit was conducted in September to confirm that the new water lines should be put in the pavement as opposed to in the swale where construction would impact decorative driveways and landscaping Zone 4 Sanitary Sewer 75 As of September 2005 the new survey was brought into all of the drawings the flows to the pump station were being verified as was the sufficiency of the pump stations as they are now and without upgrades Water As of September 2005 the pipe material types needed to be verified for those portions where the consultant did not have sufficient data which will require input from the Village A site visit was conducted in September of 2005 to confirm that the new water lines should be put in the pavement as opposed to in the swale where construction would impact decorate driveways and landscaping Zone 2/3 Sanitary Sewer 25 As of September of 2005 the new survey had been brought into all of the drawings and flows to the pump station were in the process of being verified A site visit was conducted in September to verify structure types and businesses and to look at project conditions (tree sizes driveway types etc) Water As of September of 2005 the pipe material types had to be verified for those portions where the consultant did not have sufficient data which will require input from the Village A site visit was conducted in September during which the consultant was determining whether the new water lines should be put in the pavement or in the swale where construction would impact decorative dnveways and landscaping Wallace Roberts & Todd, LLC 94 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN In Tight of recently publicized challenges faced by MDWASA, the Village will respond and amend the project s timeline as necessary to support the County s goal of delivery adequate water and sanitary sewer service to its residents However, as of February 2006 the Village anticipates that the project will go out to bid in Apnl or May of 2006 as permitting reaches completion Overhead Utilities As part of its objective to maintain existing development and achieve new development and redevelopment which is consistent with community character (Future Land Use Objective 1 1) the Village made a policy to enact land development code provisions governing subdivisions The subdivision code was to require that certain utilities be installed underground In July 2005 the Village initiated correspondence with Florida Power and Light requesting a cost estimate to bury all power lines west of Crandon Boulevard and along Galen Drive on the east side The Village Manager inquired about any state or federal subsidies currently being offer to government entities considering similar projects and the Director of public works expressed his support for dividing the project into distinct zones In January 2006 FPL provided the Village with an estimate of $11 million to complete the project Communication is ongoing FLP projects that it will pay for 25 percent of the project costs incurred may be passed on to customers via surcharges Roadway Network The Village s major arterial, Crandon Boulevard, is being improved according to the Crandon Boulevard Master Plan Refer to Section 4 D(1) Traffic Volume, Operations and Safety for more detail The Village is also in the process of seeking public input regarding parking beach access and safety improvements on Ocean Lane Drive most recently it held a public workshop on October 17th, 2005 Streetscape and Landscape Improvements Major streetscape and landscape improvements are being made to Crandon Boulevard, West McIntyre Street, and Harbor Drive as a result of the Crandon Boulevard Master Plan The Departments of Public Works and Building, Zoning and Planning as well as the Wallace Roberts & Todd, LLC 95 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Manager s Office and consultants are working on a comprehensive plan to address landscaping in public areas Improvements included a redesign of the Village entrance, pocket parks/mini plazas street furniture, locations of public art, signalization street lighting traffic, street name signage and utilities (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated A survey to all residents administered by the Key Biscayne Village Council during the Master Planning process yielded results regarding prioritization of infrastructure improvements compared to preferences expressed recently indicates opinion has not shifted much over the past decade 20 In the original survey three quarters of participants rated extending sanitary sewers to all areas of the Village as desirable or higher 94 8 percent rated improving storm drainage throughout the Village as desirable or higher (with a notably high percentage, 32 23 percent indicating that it is a first priority) and installing street lights installing special pavements and installing curbs, rated in descending order of importance from there (57 5 percent, 46 0 percent and 40 7 percent respectively) i Implications of Debt Cap Although the Village has a strong and growing tax base, its debt capacity is finite and may hinder the Village s ability to implement capital initiatives, including park development, sewer extensions and placement of utilities underground, in a timely manner Should the Village consider amending the debt cap as currently defined in the Village Charter'? (1) Assessment of success in implementing Master Plan objectives related to issue The Village of Key Biscayne is subject to a debt cap ordinance and also a provision to allow possible referendum on new debt issuance where any capital project is involved The debt cap provision at present limits debt to 1% of current assessed value as provided by the county property 20 The survey was sent to all Villages households and retumed by approximately 20 percent Wallace Roberts & Todd, LLC 96 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN appraiser The debt cap schedule provided shows the current year and projections for future periods as assessed valuation changes and debt is anticipated to be incurred The referendum requires a 30 day period between the first reading and second readings of any ordinance that would permit issuance of debt that relates to any capital project (2) Description of changed circumstances Of any) related to issue since Master Plan was prepared/updated See the preceding section, i(1) j Conservation, Coastal Management and Environmental Protection The residents of Key Biscayne place a high priority on protecting enhancing and in some cases restoring important natural resources that are not only intrinsic to the community s barrier island identity but also contribute to the quality of life of both residents and visitors (1) Assessment of success in implementing Master Plan objectives related to issue The first goal of the Master Plan s Conservation and Coastal Management Element is to to preserve and enhance the significant natural features including • Vegetative and soil resources (Conservation and Coastal Management Objectivel 3) Achieve 0 net loss of mangroves) • Sea turtles, manatees (Conservation and Coastal Management Objective 1 4 Strive to achieve 0 human - induced loss of manatees and/or sea turtle eggs , and ■ Wildlife and habitat (Conservation and Coastal Management 1 7 Achieve 0 degradation of fisheries, wildlife, wildlife habitat marine habitat and environmentally sensitive land According to the 2003 Miami Dade County EAR, the Key Biscayne Special Management Zone artificial reef site off the Atlantic coast is the only designated environmental protection area related to beaches and artificial reefs near the Village The Special Management Zone was designated in 1991 and contains 2 203 5 acres Wallace Roberts & Todd, LLC 97 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Over the last decade the Village of Key Biscayne has - Enacted and enforced estuarine waterfront protection provisions in the LDC in accordance with state DEP and waterfront policies of Department and Environmental Resource Management (DERM) The Biscayne Bay Shoreline Development Review Committee was established as an interlocal entity to review all development permits (except single family and duplex houses) for tracts fronting the Bay • Communicated with DERM on occasions where any adverse impacts are observed relative to the sea grass beds in adjacent Bay waters ■ Reported speeding violations in manatee protection areas to County and State marine police The entire western shore of Key Biscayne is designated a Manatee Protection Area which means that boat speeds above seven miles an hour and water skiing are prohibited, ▪ Enacted and enforced land development provisions in order to minimize night-time artificial light on beach areas where sea turtles nest ▪ Enacted and enforced provisions regarding detention, runoff minimum pervious open spaces, and drainage level -of - service standards, • Researched and implemented beach renounshment projects In 1997 Coastal Systems International, as a consultant to the Village, produced the Long Range Beach Nourishment Plan for The Village of Key Biscayne, Dade County' in cooperation with a Council -appointed citizen s Beach Task Force Its purpose was to present a long-range beach nounshment plan to address the eroded shoreline along the Village The 2000-2001 project overseen by the US Army Corps of Engineers placed a reported 420,000 cubic yards of sand The nourishment was designed to mitigate the long- term sand into the deeply dredged Government Cut channel north of Key Biscayne that formerly reached the island via longshore drift The design of the beach fill template was developed based on the historical erosion rate, critical areas of erosion, location of nearshore seagrasses, and projected nourishment interval Members of the Village's Beach Task force conducted research to identify appropriate sand Wallace Roberts & Todd, LLC 98 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN characteristics required ensure compatibility of the new sand imported from offshore borrow areas with existing beach matenals As of 2006 the Village s Public Works Department and consultants are in the process of researching the next phase of beach renounshment (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated Refer to previous section 1(1) k Land Development in the Context of Master Plan Goals, Objectives, and Policies The Village Master Plan includes future land use descriptions which include maximum lot coverage and building heights landscaping requirements, and sign regulations Does the Master Plan with its present level of detail articulate standards for development and landscaping that are consistent with and that enhance the desired ambiance and character of the Village? (1) Assessment of success in implementing Master Plan objectives related to issue Goal 1 of the Future Land Use Element of the Master Plan states Achieve desired community character Key Biscayne should be a residential community Development policies should protect residential character Future residential development should be at the lowest densities consistent with protection of reasonable property rights Hotels should be permitted in order to provide ocean access opportunities and respect an established land use pattern, however, they should be modest in size so as to not overpower the community's residential character Other commercial development should be sized to meet the needs of residents and hotel guests Office development should be limited to the minimum amount practical in light of existing development patterns The Village has codified this goal in the Land Development Code • Section 30-80 outlines site plan review procedures Wallace Roberts & Todd, LLC 99 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN a) Purpose Site Plan review is designed to achieve the following objectives (1) To insure that infrastructure (water sewer, and roads) is in place at the time the project is completed, as mandated by Florida's Growth Management law (2) To encourage logic imagination, and variety in the design process (3) To insure that projects are compatible both aesthetically and functionally with the surrounding area (4) To promote excellence in urban design, and (5) To encourage buildings that are consistent with the high quality environment associated with the Village • Section 30-233 outlines landscape plan review cntena (1) Landscape design shall enhance architectural features, relate structural design to the site visually screen dissimilar uses and unsightly views reduce noise impacts from roadways and incompatible uses, strengthen vistas and reinforce neighborhood site design and architecture (5) Street trees shall be used to shade roadways and provide visual order All street tree planting shall conform to the Village s street tree planting system " • Section 30-190 outlines sign criteria Regulations are intended to preserve the unique aesthetic character of the Village and ensure that signs are compatible with their surroundings It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the Village and improve vehicular and pedestrian safety and reduce visual pollution Regulations have not prevented a major shift in scale of residential development Recommendations from the Crandon Boulevard Commercial Development and Zoning Standards which include quantifiable design bonuses to encourage buildings that contain architectural interest and reduce visual impact and Wallace Roberts & Todd, LLC 100 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN zoning controls to ensure larger developments on assembled lots are designed within a Village setting have recently been adopted and will soon be applied (2) Description of changed circumstances Of any) related to issue since Master Plan was prepared/updated See previous section Historic, Cultural and Educational Resources and Needs The Village of Key Biscayne has a number of historic and cultural resources and institutions that document the community s history and contribute to its identity by providing important social, educational, and community -building functions For instance the historic Silver Sands hotel, located at 301 Ocean Drive and built in the late 1950s is typical of motel developments in Florida built during that era It is the sole remaining structure of its type in Key Biscayne and one of the few remaining in southern Florida It may be worthy of exploration for historic designation in the near future possibly standing on its own as a historic local, state, or national landmark In the past these resources have been overlooked or undervalued There is however, a growing awareness of the need to address issues related to enhancement, utilization, expansion and/or preservation of these resources and institutions for the benefit of the community as a whole (1) Assessment of success in implementing Master Plan objectives related to issue Historic Structures Objective 2 6 of the Future Land Use Element, Objective 1 5 of the Housing Element, and Objective 2 4 of the Conservation and Coastal Management Element of the Master Plan all specify that no later than 1999, Key Biscayne was to prepare a list of potentially significant historic structures and a strategy for their preservation The Village has not done so because, currently, there are no structures eligible for national or state historic designation due to age and significance requirements However, the historic Mackie homes which at one time occupied nearly all of the dry lots west of Crandon Boulevard, were built during the 1950s and 1960s and are approaching the 50 -year age Wallace Roberts & Todd, LLC 101 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN requirement for official historic designation Particularly as many of them have been demolished or substantially remodeled preserving one or more in that original state would serve as an important bridge in conveying the island s history and culture Historic Roads Crandon Boulevard was designated an Historic Highway by the State of Florida and by Miami -Dade County in the late 1980s These actions were the product of a 1987 citizen protest, rejecting the County s attempts to install a pedestrian underpass and preemptively abrogating any future efforts to widen the road During the Crandon Boulevard master planning process, the historic designation was amended in order to permit improvements to be made (2) Description of changed circumstances (if any) related to issue since Master Plan was prepared/updated In conjunction with its visioning process Key Biscayne is evaluating an extensive list of capital improvement projects In January 2006, a committee was formed to rank the priority and estimate the cost of each project Upon consideration of input from the community and the 2020 Vision/EAR Committee, the following projects were labeled as high priority and relevant to the protection and enhancement of the Village s history culture and educational stature • Civic Center Park • Beach Improvements via renounshment • Nature Trails connecting Presbyterian Church bay area to St Agnes Church • High School on Virginia Key A library expansion/renovation was placed in a secondary tier of importance An artwork in public places program, theatre, museum lifelong learning program and beach walk were placed in a tertiary tier, indicating that Village residents perceive most resource intensive cultural projects to be long-term rather than immediate goals Wallace Roberts & Todd, LLC 102 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 5 Consistency with Florida Growth Management Laws Section 163 3191 (2)(f) F S requires that the Evaluation and Appraisal Report evaluate relevant changes in growth management laws since the date of the Master Plan s adoption for consistency with the Key Biscayne s Master Plan The evaluation was based upon the only version to date of the Village s Master Plan (1994) a State Comprehensive Plan, Chapter 187, F S Section 163 3191 requires that the EAR evaluate relevant changes in growth management laws including the State of Florida Comprehensive Plan since the date that the Village s Comprehensive Plan was adopted The following section indicates the manner in which Key Biscayne is complying with the adopted State of Florida Comprehensive Plan (Chapter 187 Florida Statues) (1) Manner of Compliance with State Comprehensive Plan Elements Children (a) Goal —Florida shall provide programs sufficient to protect the health safety , and welfare of all of its children Response — Addressed through the Master Plan's ongoing intergovernmental coordination efforts involving public school and parks and recreation planning Families (a) Goal -- Florida shall strengthen the family and promote its economic independence Response — Addressed through ongoing intergovernmental coordination efforts, the Master Plan's Land Use Element, and the Vision Plan The Elderly (a) Goal — Florida shall improve the quality of life for its elderly citizens by promoting improved provision of services with an emphasis on independence and self-sufficiency Wallace Roberts & Todd, LLC 103 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Response — All Multi -Family Districts in the land development code permit adult living facilities The Parks and Recreation Department coordinates senior - oriented programs at the Key Biscayne Community Center and the Village coordinates a free senior transportation program In early 2006, a committee comprised of residents and led by the fire chief will convene to coordinate a program to assist the elderly during and after severe storms Housing (a) Goal — The public and private sectors shall increase the affordability and availability of housing for low-income and moderate -income persons including citizens and rural areas, while at the same time encouraging self-sufficiency of the individual and assuring environmental and structural quality and cost-effective operations Response — Addressed in the Master Plan's Housing Element, as applicable Health (a)1 Goal —Healthy residents who protect their own health and the health of others and who actively participate in recovering their own health when they become ill (b)1 Goal —An environment which supports a healthy population and which does not cause illness (c)1 Goal —Health care services which are of high quality, reasonably accessible, and adequate to meet the needs of the public (d)1 Goal —Health costs which are contained to a level appropriate to the financial resources of the state and its residents Response — Addressed, in part, in the Master Plan's Conservation and Coastal Management and Recreation and Open Space Elements The Key Biscayne Community Center encourages healthy living by making its facilities and programs available to residents of the Village Wallace Roberts & Todd, LLC 104 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Public Safety (a) Goal — Florida shall protect the public by preventing discouraging and punishing criminal behavior lowering the highway death rate, and protecting lives and property from natural and manmade disasters Response — Addressed, in part, in the Master Plan's Capital Improvements (Objective 1 1) Element Emergency Management is addressed in the Conservation and Coastal Management Element Water Resources (a) Goal — Florida shall assure the availability of an adequate supply of water for alt competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality Florida shall improve and restore the quality of waters not presently meeting water quality standards Response — As noted in the EAR, the Village shall coordinate, as appropriate with Miami -Dade County in the implementation of the Water Supply Facilities Workplan Water Resources are addressed in the Master Plan's Infrastructure (Objectives 14, 1 5), Conservation and Coastal Management (Objectives 1 2, 1 6), Intergovernmental Coordination, and Capital Improvements (Objective 1 2) Elements Coastal and Marine Resources (a) Goal — Florida shall ensure that development and marine resource use and beach access improvements in coastal areas do not endanger public safety or important natural resources Florida shall through the acquisition and access improvements make available to the state s population additional beaches and marine environment, consistent with sound environmental planning Response —Addressed in the Master Plan's Conservation and Coastal Management Element Natural Systems and Recreational Lands (a) Goal — Florida shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical Wallace Roberts & Todd, LLC 105 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN hardwood hammocks palm hammocks and virgin longleaf pine forest and restore degraded natural systems to a function condition Response — Addressed in the Master Plan's Conservation and Coastal Management and Recreation and Open Space Elements Air Quality (a) Goal —Florida shall comply with all national air quality standards by 1987 and by 1992 meet standards which are more stringent than 1985 state standards Response — Addressed in the Master Plan's Conservation and Coastal Management Element (Objective 1 1) Energy (a) Goal —Florida shall reduce its energy requirements through enhanced conservation and efficiency measures in end -use sectors, while at the same time promoting an increased use of renewable energy resources Response — Addressed through ongoing intergovernmental coordination efforts The Village will continue to explore innovate ways to integrate green technologies in public facilities Hazardous and Non -hazardous Materials and Waste (a) Goal —All solid waste, including hazardous waste, wastewater, and all hazardous materials, shall be properly managed, and the use of landfills shall eventually be eliminated Response — Addressed in the Master Plan's Conservation and Coastal Management Element (Objective 1 2) Mining (a) Goal —Florida shall protect its air land and water resources from the adverse effects of resource extraction and ensure that the disturbed areas are reclaimed or restored to beneficial use and soon as reasonably possible Wallace Roberts & Todd, LLC 106 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Response — There is no mining in the Village Property Rights (a) Goal — Florida shall protect private property rights and recognize the existence of legitimate and often competing public and private interests in land use regulations and other government action Response — Addressed in the Master Plan's Future Land Use Element Land Use (a) Goal — In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state development shall be directed to those areas which have in place or have agreements to provide, the land and water resources fiscal abilities and service capacity to accommodate growth in an environmentally acceptable manner Response — Addressed in the Master Plan's Future Land Use, Infrastructure, Conservation and Coastal Management, and Capital Improvements Elements Urban and Downtown Revitalization (a) Goal — In recognition of the importance of Florida s vital urban centers and of the need to develop and redevelop downtowns to the state s ability to use existing infrastructure and to accommodate growth in an orderly, efficient and environmentally acceptable manner Florida shall encourage the centralization of commercial government, retail residential and cultural activities within downtown areas Response — The commercial area of Key Biscayne is well -established and confined Numerous studies have been undertaken the goal of enhancing and strengthening the downtown core Public Facilities (a) Goal — Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely orderly and efficient manner Wallace Roberts & Todd, LLC 107 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Response — Addressed in the Master Plan's Capital Improvements Element (Objective 1 1, 1 5) Cultural and Historical Resources (a) Goal — By 1995 Florida shall increase access to its historical and cultural resources and programs and encourage the development of cultural programs of national excellence Response — Addressed in the Master Plan's Future Land Use, Housing, and Conservation and Coastal Management Elements Transportation (a) Goal — Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway air mass transit and other transportation modes Response — Addressed in the Master Plan's Traffic Circulation Element Governmental Efficiency (a) Goal — Florida governments shall economically and efficiently provide the amount and quality of services required by the public Response — Addressed in the Master Plan's Capital Improvements Element (Objective 1 1, 1 5) The Economy (a) Goal — Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and increase per capita income for its residents Response — The per capita income of Key Biscayne, $54,213, exceeds the per capita income of Miami -Dade County by $35, 716 Agriculture (a) Goal —Florida shall maintain and strive to expand its food agriculture, ornamental horticulture, aquaculture, forestry, and related industries in order to be a healthy and Wallace Roberts & Todd, LLC 108 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN competitive force in the national and international marketplace Response — There is no agriculture in the Village Tourism (a) Goal — Florida will attract at least 55 million tourists annually by 1995 and shall support efforts by all areas of the state wishing to develop or expand tourist -related economies Response — The Village is located between two major local and regional attractions Bill Baggs Cape Florida State Park, located to the south, had 565,976 visitors between 2002-2003 and 567,657 visitors between 2003 - and 2004, Miami -Dade County -owned Crandon Park to the north had 833,114 visitors in 2003 and 755,297 visitors in 2004 Employment (a) Goal — Florida shall promote economic opportunities for its unemployed and economically disadvantaged residents Response — Key Biscayne is not an employment center, but rather mostly a bedroom community Plan Implementation (a) Goal — Systematic planning capabilities shall be integrated into all levels of government in Florida with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement Response — Addressed in Intergovernmental Coordination Element (2) Recommended Amendments to Achieve Compliance with the State Comprehensive Plan Elements Based on a review of the Master Plan's compliance with State Comprehensive Plan Elements, the following recommendations for amendments are being made Wallace Roberts & Todd, LLC 109 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN b Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163 (Part 11), F S In July 2005 the State of Flonda adopted additional amendments to Chapter 163 and its growth management requirements A table indicating the manner in which the Village of Key Biscayne is addressing the requirements of Chapter 163 Florida Statues, is below (1) Manner of Compliance with Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163 (Part 11), F S Wallace Roberts & Todd, LLC 110 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Ame ndme nt Needed By Element „1998 4 tir98- , s '14, Ch 146, ss 2-5, rGh 98-176, ss 2-6 and 12-15, Ch 98-258, ss 4-5, Laws of Floridan 78 Exempted brown field area amendments from the twice -a- year limitation 163 3187(1)(g) 79 Required that the capital improvements element set forth standards for the management of debt 163 3177(3)(a)4 Capital Impro vements Element, Procedural 80 Required inclusion of at least two plan ning periods — at least 5 years and at least 10 years 163 3177(5)(a) Proced ural 81 Allowed mu ltiple individual plan amendments to be considered together as one amen dmen t cycle 163 3184(3)(d) Proced ural 82 Defined "optional sector plan" an d created Section 163 3245 allowing local govern ments to address DR I issues within certain identified geographic areas 163 3164(31) and 163 3245 Procedural 83 Established the requ iremen ts for a public school facilities elemen t 163 3177(12) I ntergovernmental Coordinatio n Eleme nt, Procedural 84 Established the min imum requirements for imposing school concurrency 163 3180(12) [N ow Section (13)] X 85 R equired DCA adopt minimu m criteria for the complian ce determination of a public school facilities element imposing school concurren cy 163 3180(13) [N ow Section14)] X 86 Required that ev aluation and appraisal reports address coordin ation of the comp plan with existing pu blic schools and the school district's 5 -year work program 163 3191(2)(i) [Now 163 3191(2)(k)] Eval uation and Appraisal Report and Intergo vernmental Wallace Roberts & Todd, LLC 111 VILLAL Of- Kt Y 1 l iHYIN t EV ALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Amendme nt Needed By Element Coordination Element 87 Amen ded the defin ition of "in complia nce" to include consistency with Sections 163 3180 a nd 163 3245 163 3184(1)(b) Intergovernmental Coordi nation Eleme nt, Procedural 88 Required DCA to main tain a file with all docume nts received or generated by DCA relating to plan amen dmen ts and identify, limited DCA's review of proposed plan amendments to written comments, and requ ired DCA to iden tify and list all written commun ication s receiv ed within 30 days after transmittal of a proposed plan amen dment 163 3184(2), (4), a nd (6) X 89 Allowed a local gov ern ment to amend its plan for a period of up to one year after the in itial determination of su fficiency of an adopted EA R ev en if the EA R is insufficient 163 3187(6)(b) Procedural 90 Substantially reworded Section 163 3191, F S , related to evalu ation and appraisal reports 163 3191 Evaluation a nd Appraisal Report 91 Chan ged the population requ irements for municipalities an d counties which are required to submit otherwise optional elemen ts 163 3177(6)(1) X . s� 65-6 ,and'90 4 Ch 999-,378 ,, 1 \3 "5,'a . d'8=` Eaws of 1orxda] T 92 Requ ired that ports an d local gov ernments in the coastal area, which has spoil disposal responsibilities, identify dredge disposal sites in the comp plan 163 3178(7) X 9 Exempted from the twice -per -year limitation certain port related amen dments for port transportation facilities and projects eligible for funding by the Florida Seaport 163 3187(1)(h) X Wallace Roberts & Todd, LLC 112 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A Addressed (where/how) Amendment Needed By Eleme nt Transportation and Economic Development Council 94 Requ ired ru ral counties to base their future land use plans and the amoun t of lan d designated industrial on data regarding the need for job creation, capital in vestment, a nd economic development an d the need to strengthe n and diversity local economies 163 3177(6)(a) X 95 Added the Growth Policy Act to Ch 163, Part II to promote urban in fill and redevelopment 163 2511,163 25 14,163 2517,163 2520,163 252 3, a nd 163 2526 X 96 Required that all comp plans comply with the school siti ng requ iremen ts by October 1, 1999 163 3177(6)(a) I ntergovernme ntal Coordi natio n Element 97 Made tran sporta tion facilities su bject to concurrency 163 3180(1)(a) Transportation Circ ulatio n and Capital Improvements Elements 98 R equ ired use of professionally accepted techniques for measuring level of service for cars, trucks, transit, bikes and pedestrians 163 3180(1)(b) Transportation Circulatio n a nd Capital Impro vements Elements 99 Ex cludes public transit facilities from con currency requirements 163 3180(4)(b) Capital Improvements Element 100 Allowed mu ltiu se DRIs to satisfy the tran sportation concu rrency requirements when authorized by a local comprehensiv e plan under limited circumstan ces 163 3180(12) Proced ural 101 Allowed mu ltimodal transportation districts in areas where priorities for the pedestrian env iron men t are assign ed by the plan 163 3180(15) Procedural 102 Exempted amendmen ts for urban infill an d redevelopmen t areas, public school con curren cy from 163 31879(1)(h) and (i) [Now (i) and (j)] X Wallace Roberts & Todd, LLC 113 VILLHL7C ur r T DIOld/ 1T IVC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A Addressed (where/how) Ame ndment Needed By Element the twice -per -year limitation 103 Defined brownfield designation and added the assurance that a developer may proceed with de velopme nt upo n receipt of a brownfield designatio n [ Also see Section 163 3221(1) for "brownfield" definition ] 163 3220(2) X :,. 00,0: 004,fis P1547Ch 2000-284, 'l1, (h_ 2O0O- 31'7, s.,1.8,, Lawsof Florida] 4V V k { 104 Repealed Section 163 3184(11)(c), F S , that required funds from sanction for non -compliant plans go i nto the Growth Man agemen t Trust Fun d 163 3184(11)(c) [ Now Repealed] X 105 Repealed Section 163 3187(7), F S that required con sideration of an increase in the annual total acreage threshold for small scale plan amen dmen ts and a report by DCA 163 3187(7) [Now Repealed] X 106 Repealed Section s 163 3191(13) and (15), F S 163 3191(13) and (15) [Now Repealed] X 107 Allowed small scale amendments in area s of critical state concern to be ex empt from the twice -per -year limitation only if they are for affordable housing 163 3187(1)(c)1 e X 108 Added exemption of sales from local option su rtax imposed under Section 212 054, F S , as examples of incen tives for new development within urban infill and redevelopment areas 163 2517(3)0)2 X 2 .. . „) Itg ,. kt aw of FJori.d ._ ,::,. , , .& 4 r,� 109 Created the rural land stewardship area program 163 3177(11)(d) X ::14:02: 2 � ,. ... � � 0 29'6 s - 41i � ,t 1, Laws of P1orrd w � '�". . .. 110 R equired that all agencies that review comprehen sive plan 163 3174 I ntergovernme ntal Wallace Roberts & Todd, LLC 114 v I.. I... N./ v v v Imam EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Amendment Needed By Element amen dments an d rezoning i nclude a no nvoti ng represen tativ e of the district school board Coordi nation Element 111 Required coordin ation of local comprehensive pla n with the region al water su pply plan 163 3177(4)(a) Intergover nmental Coordi natio n 112 Plan amendments for school -siting maps are exempt from s 163 3187(1)'s limitation on frequency 163 3177(6)(a) X 113 Required that by adoption of the EAR, the sa nitary sewer, solid waste, drainage, potable water and natural groundwater aquifer recharge element consider the regional water supply plan an d inclu de a 10 -year work plan to build the identified water supply facilities 163 3177(6)(c) Intergovernmental Coordi nation Element 114 Required consideration of the regional water supply plan in the preparation of the conservation element 163 3177(6)(d) I ntergo vernmental Coordinatio n Element 115 Required that the in tergovernmental coordination element (ICE) inclu de relationships, principles and guidelines to be u sed in coordinating comp plan with region al water supply plans 163 3177(6)(h) Intergovernme ntal Coordi natio n Element 116 Required the local gov ernmen ts adopting a public educational facilities element ex ecute an inter -local agreement with the district school board, the coun ty, an d non -ex emptin g mun icipalities 163 3177(6)(h)4 I ntergo vernme ntal Coordination Element 117 Required that coun ties larger than 100,000 popu lation an d their municipalities submit a in ter -local serv ice delivery agreements (existin g and proposed, deficits or duplication in the prov ision s of service) report to DCA by January 1, 2004 Each local gov ern men t is required to update its ICE based on the fin din gs of the report DCA will meet with 163 3177(6)(h)6 8 , 7 , & X Wallace Roberts & Todd, LLC 115 VILLHI,C Ur MC CSIJL.HY IVC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Chan ges to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Ame ndment Needed By Element affected parties to discuss and id strategies to remedy a ny deficiencies or duphcations 118 Required local gov ern ments and special districts to pro vide recommen dations for statutory cha nges for annexatio n to the Legislature by February 1, 2003 163 3177(6)(h)9 X 119 Added a new Section 163 31776 that allows a cou nty, to adopt an option al public edu cation al facilities element in cooperation with the applicable school board 163 31776 X 120 Added a n ew Section 163 31777 that requires local governments and school boards to enter into an inter -local agreement that addresses school sitin g, enrollment forecasting, school capacity, infrastructu re and safety needs of schools, schools as emergency shelters, an d sharing of facilities 163 31777 Intergo vernmental Coordi nation Element 121 Added a provision that the concurrency requ iremen t for tran sportation facilities may be waived by plan amendment for urban infill an d redevelopmen t areas 163 3180(4)(c) X 122 Expanded the definition of "affected persons" to in clude property owners who own lan d abutting a change to a future lan d u se map 163 3184(1)(a) Proced ural 123 Expanded the definition of "in complian ce" to include consistency with Section 163 31776 (public education al facihties elemen t) 163 3184(1)(b) Procedural I ntergo vernme ntal Coordination Eleme nt 124 Streamlin ed the timing of comprehen sive plan amendment review 163 3184(3), (4), (6), (7), an d (8) Procedural 125 R equired that local governments prov ide a sign -in form at the transmittal heann g and at the adoption hearing for 163 3184(15)(c) Procedural Wallace Roberts & Todd, LLC 116 v ILLrxv L. v1 rXL. 1 uIVvr-% 1 ;1 EVALU ATION AND APPR AISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Amendment Needed By Element persons to provide their names and addresses 126 Exempted amen dments related to providi ng transportatio n improv ements to enhance life safety on ' controlled access major arterial highways" from the limitation on the frequency of plan amen dments contained in s 163 3187(1) 163 3187(1)(k) X 127 Requ ired EARs to in clude (1) consideratio n of the appropriate regional water supply plan, and (2) an evaluation of whether past reduction s in land use de nsities in coastal high hazard areas hav e impaired property rights of current residents where redev elopment occurs 163-3191(2)(1) Future Land Use and I ntergo ver nme ntal Coordinatio n Elements 128 Allowed local gov ern men ts to establish a special master process to assist the local gov ernments with challenges to local development orders for consistency with the comprehensive plan 163 3215 Procedural 129 Created the Local Gov ern ment Comprehen sive Planning Certification Program to allow less state and regional ov ersight of comprehen sive plan process if the local gov ernment meets certain criteria 163 3246 X 130 Added a prov ision to Section 380 06(24), Statu tory Exemptions, that exempts from the requiremen ts for developments of regional impact, any water port or marin a development if the relev ant local govern ment has adopted a "boating facility siting plan or policy" (which includes certain specified criteria) as part of the coastal managemen t element or futu re land use elemen t of its comprehensive plan The adoption of the boatin g facility siting plan or policy is ex empt from the limitation on the frequ ency of 163 3187(1) X Co nservation and Coastal Ma nageme nt Wallace Roberts & Todd, LLC 117 VILL/-kL ur 1'\C Y 010U/AT IVC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/ A * Addressed (where/how) Amendme nt Needed By Element plan amendments contained in s 163 3187(1) 131 Prohibited a local governme nt, under certai n conditio ns, from denying an application for de velopment approval for a requested land use for certain proposed solid waste management facilities 163 3194(6) Proced ural AtA. .. . �4 F It , cJ 4 60,, ,, ob. O61, s 158, cl 03-286 6;- Laws of Florida 132 Creates the Agricultu ral Lands and Practices Act (2) Provides legislative findings an d purpose with respect to agricultural activities and du plicative regulation (3) Defin es the terms "farm," "farm operation," and "farm product" for purposes of the act (4) Prohibits a county from adopting an y ordinan ce, resolu tion , regu lation, rule, or policy to prohibit or otherwise limit a bona fide farm operation on lan d that is classified as agricultural land (4)(a) Prov ides that the act does not limit the powers of a coun ty un der certain circumstances (4)(b) Clarifies that a farm operation may not expand its operations under certain circumstan ces (4)(c) Prov ides that the act does not limit the powers of certain cou nties 163 3162 X X X X X X Wallace Roberts & Todd LLC 118 EVALUATION AND APPR AISAL REPORT (EAR) OF THE KEY BISC AYNE M ASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Amendme nt Needed By Element (4)(d) Prov ides that certain county ordina nces are not deemed to be a duplication of regulation X 133 Chan ges ' State Comptroller" refere nces to `Chief Financial Officer ' 163 3167(6) X 134 Provides for certain airports to abandon D RI orders 163 3177(6)(k) X 135 Amended to conform to the repeal of s 235 185 a nd the enactment of similar material in s 1013 35 163 31776(1)(b)(2)-(3) X 136 Amended to conform to the repeal of ch 235 and the enactment of similar material in ch 1013 163 37111(1)(c), (2)(e)- (f), (3)(c), (4), (6)(b) X } 2094: 04-5,\s I1`,ch 04-37, s 1, ch 04-230, ss 1-4, ch 04-372, ss 2-5, ch 04-381, ss 1-2, ch 04-384, s 2, Laws of Flonda ] 4- 137 (10) Amended to con form to the repeal of the Florida High -Speed Rail Transportation Act, an d the creation of the Flonda H igh -Speed R ail Authority Act (13) Created to require local gov ern ments to iden tify adequ ate water supply sources to meet future demand (14) Created to limit the effect of judicial determinations issued subsequ ent to certain development orders pursuant to adopted lan d development regu lations 163 3167 X I ntergovernme ntal Coordi nation Element Proced ural 138 (1) Provides legislativ e findings on the compatibility of developmen t with military in stallations (2) Prov ides for the ex change of information relatin g to proposed land u se decision s between coun ties and local Creates 163 3175 X X Wallace Roberts & Todd, LLC 119 VILLHVC or mm T dI L/ -\T INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Amendment Needed By Eleme nt gov ern ments and military installations (3) Provides for responsive comments by the commanding officer or his/her designee (4) Provides for the county or affected local government to take su ch commen ts into con sideration (5) Requires the represen tative of the military i nstallatio n to be an ex -officio, nonvoting member of the county's or local government's land planning or zonin g board (6) En courages the commanding officer to provide in formation on community planning assistan ce grants X X X X 139 (6)(a) • Changed to require local governments to amend the future land use element by June 30 2006 to include criteria to achieve compatibility with military installations • Changed to specifically encourage rural land stewardship area designation as an overlay on the future land use map (6)(c) Extended the deadline adoption of the water supply facilities work plan amendment u ntil December 1, 2006, prov ided for updating the work plan every fiv e years, and exempts such amendment from the limitation on frequency of adoption of amendments (10)(1) Prov ides for the coordination by the state land 163 3177 X Intergovernmental Coordination Element Wallace Roberts & Todd, LLC 120 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/ A Addressed (where/how) Amendment Needed By Element plann in g agen cy and the Department of Defense on X compatibility issues for military installations (11)(d)1 Requ ires D CA, in cooperation with other specified state agencies, to provide assista nce to local govern ments in implementing provisio ns relati ng to r ural X lan d stewardship areas (11)(d)2 Prov ides for multicou nty rural land X stewardship areas (11)(d)3 -4 Revises requiremen ts, including the acreage X threshold for designatin g a ru ral land stewardship area (11)(d)6 j Prov ides that tran sferable rural land use X credits may be assign ed at differen t ratios according to the natural resource or other beneficial use characteristics of the land (11)(e) Provides legislativ e fin dings regardin g mix ed -use, X high -den sity urban infill and redev elopment projects, requires DCA to provide technical assistan ce to local govern men ts (11)(f) Prov ides legislativ e fin dings regardin g a program X for the transfer of developmen t rights and u rban infill an d redev elopmen t, requires DCA to prov ide technical Wallace Roberts & Todd, LLC 121 v ILL/Av a yr r\c 1 DIOLr' 1 IN L. EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE M ASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citations N/A Addressed (where/how) Amendment Needed By Eleme nt assistance to local gover nme nts 140 (1) Provides legislative findings with respect to the shortage of affordable rentals in the state (2) Provides defin ition s (3) Au thorizes local govern men ts to permit accessory dwellin g units in areas zon ed for sin gle family residential use based upon certain fmdmgs (4) An application for a building permit to con struct an accessory dwelling un it must include an affidav it from the applicant which attests that the unit will be rented at an affordable rate to a very -low-in come, low-income, or moderate -in come person or persons (5) Prov ides for certain accessory dwellin g units to apply towards satisfying the affordable housing componen t of the housin g element in a local gov ernment's comprehensive plan (6) Requ ires the DCA to report to the Legislature Creates 163 31771 X Proced ural Ho using Element Procedural Housi ng Eleme nt 141 Amends the definition of "in complian ce" to add language referrin g to the Wekiv a Parkway and Protection Act 163 3184(1)(b) X 142 (1)(m) Created to provide that amendments to address criteria or compatibility of land uses adjacent to or in close 163 3187 X Wallace Roberts & Todd, LLC 122 V L. LE. v Imo v Lon ✓ v v a. EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Amendment Needed By Element proximity to military installatio ns do not cou nt toward the limitation on frequency of amending comprehensive pla ns (1)(n ) Created to provide that amendments to establish or implement a rural land stewardship area do not co unt toward the limitation on frequency of amendi ng comprehen sive plan s X 143 Created to provide that ev aluation and appraisal reports evalu ate whether cntena in the land use element were successful in achiev ing land use compatibility with military installations 163 3191(2)( n) X Z At O f ,0 57 s' and' 5 Chh 2005,290 4.0 h `2005=291,, gs 1042, Laws of Florida] . F 144 Added the defin ition of "finan cial feasibility ' Creates ss 163 3164(32) 145 (2) Requ ired comprehensiv e plans to be "fin an cially" rather than "econ omically" feasible (3)(a)5 Required the comprehen siv e plan to include a 5- year schedule of capital improv ements Outside funding (i e , from developer, other gov ernmen t or funding pursuan t to referendum) of these capital improvements must be guaran teed in the form of a dev elopment agreemen t or interlocal agreemen t (3)(a)6 b 1 Requ ired plan amendment for the annu al update of the schedule of capital improvemen ts Deleted prov ision allowin g u pdates and chan ge in the date of construction to be accomplished by ordin an ce 163 3177 Procedural, Capital Impro veme nts a nd Future Land Use Elements Wallace Roberts & Todd, LLC 123 VILLHvi_ yr NCY bIJI�HT INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Ame ndment Needed By Element (3)(a)6 c Added oversight and penalty pro vision for failure to adhere to this section's capital improveme nts requiremen ts (3)(a)6 d Required a long-term capital impro veme nt schedule if the local governmen t has adopted a long-term Capital Impro vements concurrency management system Eleme nt (6)(a) Deleted date (October 1, 1999) by which school Proced ural sittin g requ irements must be adopted (6)(a) Add requ iremen t that fu tu re land use element of X coastal coun ties must en courage the preservation of workin g waterfron ts, as defined in s 342 07, F S (6)(c) Required the potable water element to be updated within 18 months of an updated regional water supply plan Infrastructure and to in corporate the alternative water supply projects Intergo vernmental selected by the local govern ment to meet its water su pply Coordi natio n Eleme nts n eeds Recreatio n and Open (6)(e) Added waterways to the system of sites addressed by Space Element the recreation and open space element (11)(d)4 c Required rural land stewardship areas to X address affordable housing Wallace Roberts & Todd LLC 124 EV ALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Amendment Needed By Element X (11)(d)5 Required a hsted species survey be performed on rural lan d stewardship recei ving are a If any listed species present, must ensure adeq uate provisions to protect them X (11)(d)6 Mu st enact an ordinan ce establishi ng a methodology for creation, con veyance, and use of stewardship credits within a rural land stewardship area X (11)(d)6 j Rev ised to allow open space and agricultural land to be just as important as env iron men tally sen sitive I nterlocal agreeme nt with land when assigning stewardship credits Co unty School Board (12) Must adopt pu blic school facilities elemen t (12)(a) an d (b) A wa iver from prov iding this element will Interlocal agreement with be allowed u nder certain circu mstances Cou nty School Board (12)(g) Ex pan ded list of items to be to include colocation, location of schools proximate to residential areas, an d Interlocal agreeme nt with use of schools as emergency shelters Co unty School Board (12)(h) Required local gov ernments to provide maps depictin g the general location of new schools and school I nterlocal agreement with improvements within fu ture conditions maps Cou nty School Board Wallace Roberts & Todd, LLC 125 VILLAUt UI- KtY tbIL1/ -kY Iv t EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Amendment Needed By Element (12)(i) Required DCA to establish a schedule for adoption of the public school facilities element (12)0) Established penalty for failure to adopt a public school facility elemen t (13) (N ew section) Encourages local governme nts to develop a "commun ity vision," which provides for sustainable growth, recogn izes its fiscal constraints, and protects its natural resources (14) (New section) Encourages local govern ments to dev elop a "u rban serv ice boun dary," which ensures the area is served (or will be served) with adequate pu blic facilities and services over the next 10 years See s 163 3184(17) X Interlocal agreement with Cou nty School Board Addressed in 2020 Comm unity Visio n Process 146 163 31776 is repealed 163 31776 [N ow Repealed] 147 (2) Required the pu blic schools mterlocal agreemen t (if applicable) to address requirements for school concurrency The opt -out provision at the en d of Subsection (2) is deleted (5) Required Palm Beach Cou nty to identify, as part of its EAR, changes needed in its public school element necessary to conform to the new 2005 public school 163 31777 X Addressed in Intergovernme ntal Coordinatio n Element Wallace Roberts & Todd LLC 126 V V V L •• V r.. v v v - EVALUATION AND APPR AISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Ame ndment Needed By Element facilities element requirements (7) Provided that counties exempted from public school facilities elemen t shall undergo re-e valuatio n as part of its EAR to determine if they continue to meet exemptio n criteria X 148 (2)(g) Expands requirement of coastal element to i ncl ude strategies that will be used to preserve recreational a nd commercial working waterfron ts, as defined in s 342 07, FS 163 3178 Addressed in Recreational and Open Space Eleme nt 149 (1)(a) Added "schools" as a required con cu rrency item (2)(a) Required consultation with water su pplier prior to issuin g buildin g permit to en sure adequ ate water supplies" to serv e n ew developmen t is available by the date of issu an ce of a certificate of occupan cy (2)(c) Requ ired a ll transporta tion fa cilities to be in place or under con struction within 3 years (rather than 5 years) after approval of building penult (4)(c) Allowed concu rrency requirement for public schools to be waived within urban infill an d redevelopment areas (163 2517) (5)(d) Requ ired guidelines for granting concurrency 163 3180 X I nterlocal Agreeme nt w/ Cou nty School Board Intergover nme ntal Coordi nation Eleme nt Procedural Capital Improvements Wallace Roberts & Todd, LLC 127 V ILL/1VG Vr r\G r DIJV/-11 PIG EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/ A * Addressed (where/how) Amendment Needed By Eleme nt exceptions to be included in the comprehensive plan Eleme nt (5)(e) — (g) If local governme nt has established tran sportation exceptions, the g uidelines for implemen ting the exceptions must be "co nsiste nt with and support a comprehen siv e strategy, and promote the purpose of the exceptions " Ex ception areas must include mobility strategies, such as altern ate modes of transportation, supported by data and analysis FDOT must be consu lted prior to designatin g a transportation concurrency exception area Transportation concurrency ex ception areas ex isting pnor to July 1, 2005 must meet these requ iremen ts by July 1, 2006, or when the EAR -based amen dmen t is adopted, whichever occurs last X (6) R equired local government to maintain records to determin e whether 110% de minimis transportation impact threshold is reached A summary of these records must be submitted with the ann ual capital improvemen ts element update Exceeding the 110% threshold dissolves the de minimis exceptions Procedural (7) Required consu ltation with the Departmen t of Transportation pnor to design ating a tran sportation con cu rren cy management area (to promote in fill developmen t) to en sure adequate level -of -service standards are in place The local gov ern ment and the DOT shou ld X Wallace Roberts & Todd, LLC 128 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Ame ndment Needed By Eleme nt work together to mitigate a ny impacts to the Strategic Intermodal System I ntergo vernmental (9)(a) Allowed adoption of a long-term co nc urrency Coordi nation Element, I nterlocal Agreeme nt management system for schools with County School Board (9)(c) (New section) A llowed local governme nts to issue approv als to commen ce con struction notwithstanding s Procedural 163 3180 in areas subject to a lon g-term concurre nce management system (9)(d) (New section) Required evalu ation in EAR of Evaluation and Appraisal progress in improv in g lev els of service Report (10) Added requ iremen t that level of serv ice standard for roadway facilities on the Strategic In termodal System must be con sistent with FDOT stan dards Standards must con sider compatibility with adjacent ju risdictions X (13) Required school concurrency (n ot option al) Interlocal Agreement w/ County Scho ol Board (13)(c)1 Requires school con curren cy after fiv e years to be applied on a "less than districtwide basis" (i e , by Interlocal Agreement w/ using school atten dan ce zones, etc) Cou nty School Board (13)(c)2 Eliminated ex emption from plan amendmen t Procedural Wallace Roberts & Todd, LLC 129 VILLHt, t Y DIOL•PiTIN EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/ A * Addressed (where/how) Ame ndme nt Needed By Eleme nt adoption limitation for cha nges to service area boundaries (13)(c)3 No application for development appro val may be I nterlocal Agreement w/ denied if a less-than-districtwide measurement of school Cou nty School Board concurren cy is used, however the de velopme nt impacts must to shifted to con tiguous service areas with school capacity (13)(e) Allowed school concu rren cy to be satisfied if a developer ex ecutes a legally bindin g commitment to provide mitigation proportionate to the demand (13)(e)1 Enumerated mitigation option s for achieving proportion ate -share mitigation (13)(e)2 If educational facilities fun ded in one of the two following ways, the local gov ernment must credit this amount toward an y impact fee or exaction imposed on the community • contribution of land • construction expansion or payment for land acquisition (13)(g)2 (Section deleted) — It is no longer required that a X local gov ernment and school board base their plans on consistent population projection and share information regarding planned public school facilities, development and redevelopmen t and infrastructure n eeds of public school Wallace Roberts & Todd LLC 130 vy v S..e N. / v v v EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Chan ges to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Amendme nt Needed By Element facilities Howev er, see (13)(g)6 a for similar requirement Interlocal Agreeme nt w/ (13)(g)6 a [Formerly (13)(g)7 a ] Local go vernments must establish a un iform procedure for determi ning if development application s are in compliance with school con cu rrency Cou nty School Board (13)(g)7 [Formerly (13)(g)8 1 Deleted language that allowed local government to termin ate or suspend an interlocal agreement with the school board X (13)(h) (New 2005 prov ision ) The fact that school con currency has not yet been implemented by a local gov ernment should not be the basis for either an approval or den ial of a development permit Procedural (15) Prior to adopting Mu ltimodal Transportation Districts, FDOT must be consulted to assess the impact on lev el of service standards If impacts are found, the local gov ernment an d the FD OT must work together to mitigate those impacts Multimodal districts established prior to Ju ly X 1, 2005 must meet this requirement by July 1, 2006 or at the time of the EAR -base amendment, whichev er occurs last (16) (N ew 2005 section) Required local governments to Capital Improvements adopt by December 1, 2006 a method for assessin g Element C oncurrency Wallace Roberts & Todd, LLC 131 V 1LL/1vC. yr rN.c 1 1Z;01 •7% ./t-% i 1vL. EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Ame ndment Needed By Element proportionate fair -share mitigation options FDOT will dev elop a model ordinance by December 1, 2005 150 (17) (New 2005 section ) If local government has adopted a community vision and urban service boun dary, state and region al agency review is eliminated for plan amen dmen ts affectin g property within the urban service boundary Such amendments are exempt from the limitation on the frequency of plan amen dmen ts (18) (New 2005 section ) If a municipality has adopted an urban infill and redevelopment area, state and region al agen cy review is eliminated for plan amendments affecting 163 3184 X Procedural Wallace Roberts & Todd, LLC 132 EVALUATION AND APPR AISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Amendment Needed By Element property within the urban ser vice bou ndary Such amen dments are ex empt from the limitatio n on the frequency of plan amendments 151 (1)(c)1 f Allowed approval of reside ntial land use as a small-scale development amendme nt whe n the proposed den sity is equ al to or less than the existing f uture land use category Un der certain circu mstances affordable housing units are exempt from this limitation (1)(c)4 (New 2005 prov ision ) If the small-scale dev elopment amen dmen t in volves a rural area of critical economic concern, a 20 -acre hmit applies (1)(o) (New 2005 provision) An amendmen t to a rural area of critical economic concern may be approved without regard to the statutory limit on comprehen sive plan amen dments 163 3187 X X Procedural Ho usi ng Eleme nt 152 (2)(k) Required local governmen ts that do not have either a school in terlocal agreemen t or a pu blic school facilities elemen t, to determine in the EAR whether the local gov ernmen t continues to meet the ex emption criteria in s 163 3177(12) (2)(1) The EAR mu st determin e whether the local government has met its various water supply requirements, in clu ding development of altern ativ e water su pply 163 3191 E valuatio n and Appraisal Report, I nterlocal agreement with Cou nty School B oard Evaluatio n and Appraisal Report Wallace Roberts & Todd, LLC 133 V ILLHl7C ur r\C T DIJI�/1 T INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE M ASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/ A * Addressed (where/how) Amendment Needed By Element projects (2)(o) (New 2005 provision) The EAR must e val uate whether its Mu ltimodal Transportatio n District has achieved the purpose for which it was created (2)(p) (New 2005 provision ) The EAR m ust assess methodology for impacts on tran sportation facilities (10) The EAR -based amen dment must be adopted within a single amendmen t cycle Failure to adopt within this cycle results in pen alties On ce updated, the comprehen sive plan must be submitted to the DCA X Eval uation a nd Appraisal Report Procedural 153 (10) New section design atin g Freeport as a certified community (11) N ew section exempting proposed DRIs within Freeport from review under s 380 06, F S , unless rev iew is requested by the local government 163 3246 X Wallace Rnherta & To dd LLC 134 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Wallace Roberts & Todd, LLC 135 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN c Rule Chapter 9J-5, F A C A table demonstrating the manner in which the Village of Key Biscayne complies the requirements of Rule Chapter 9J-5 Florida Administrative Code follows (1) Manner of Compliance with Chapter 9J-5, F A C See table on followings pages Wallace Roberts & Todd, LLC 136 EV ALUATION AND APPR AISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Cit ations NA Addressed (where/how) Amendment Needed By Eleme nt N ov ember 22, 1989 1 Defined availability or available, con currency, concurrency manageme nt system, currently available re ve nue so urces, and pu blic facilities an d services Note the definition of a vailability or available w as repealed March 23 1994 an d the definiti on of public fa cilities a nd services was repealed F ebruary 25 2001 9J-5 003 Procedural 2 Required comprehensive plan amendments applicable to the Wekiv a Riv er Protection Area to meet requ irements of section 369 301, F S , in addition to meeting complian ce requirements of section 163 3184, F S 9J-5 005(8) X 3 Requ ired local governments to adopt a concurrency management system in their comprehen siv e plan s an d established requirements for such systems 9J-5 0055 Conservatio n Coastal Management and Capital Impro vements Eleme nts 4 Required the capital improv ement elemen t to include requirements to en sure an adequate concurren cy managemen t system is implemented 9J-5 016 Capital Impro vements Eleme nt (Obi 1 4) 5 Clarified requiremen ts relating to projected revenue sources that are contingen t upon ratification by public referendu m 9J-5 016(4)(a)2 Proced ural April 2, 1992 Wallace Roberts & Todd, LLC 137 V 1LL/1VL V1 IA L., 1 1.) 1 . #rt 1 11 L. EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE M ASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendme nt Needed By Eleme nt 6 Defin ed transportation concurrency management area, transportatio n demand man agement, transportation system management, and transportation mobility element Note the definitions of tra nsporta tion concurrency management area and tra nsporta tion mobility element were repea led Ma rch 23 1994 9J-5 003 X 7 Authorized local gov ernments to establish optional tran sportation concurrency man agemen t areas and provided requirements for such areas Note this rule was repealed March 23 1994 9J-5 0057 X 8 Required transportation con cu rrency managemen t areas to be shown on the future land use map 9J-5 006(4)(a) X 9 Required the capital improv emen t elemen t to in clude requirements to ensure concurrency management areas are implemented, if designated 9J-5 016 Capital Impro vements Eleme nt (Obi 1 4) March 23, 1994 Wallace Roberts & Todd, LLC 138 EVALUATI ON AND APPRAISAL REPORT (E AR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Eleme nt 10 Defined central business district, coastal area, evalu ation and appraisal report, partial ev aluation and appraisal report, proposed evaluation and appraisal report, sufficiency review, and very low income family Note the definition of very low income fa mily wa s repealed Ma rch 21 1999 9J-5 003 Procedural, Evaluatio n a nd Appraisal Report Conservation a nd Coastal Manageme nt a nd Housi ng Eleme nts 11 Rev ised the definition of coastal high hazard areas and modified the definition of coastal area to provide a definition of the term coastal planning area Note the definition of coastal plann ing a rea wa s revised March 21 1999 9J-5 003 Capital Improvements Eleme nt (Obj 1 3) 12 Repealed defin itions of av ailability or available, tran sportation concurren cy management area, and tran sportation mobility element 9J-5 003 X 13 Required local comprehensive plan s to in clu de a coun tywide marin a siting plan for participating local gov ernments in the coastal area and in tergov ernmental coordination processes 9-5 005(1)(c) X 14 Revised monitoring and ev aluation requ irements to include a description of the pu blic participation process and compon en ts of the evaluation an d appraisal process Note Revised F ebrua ry 25 2001 9-5 005(7) Evaluation and Appraisal Report Wallace Roberts & Todd, LLC 139 V ILLHVG Vr r\C I DIJVH I INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 15 Added procedures for transmittal and re view of ev aluation and appraisal reports and ev aluation and appraisal amendme nts Note Repealed March 21, 1999 and February 25 2001 9J-5 0053 X 16 Revised requ irements for the conc urrency management system to include provisions regardin g lev el of serv ice standards, a nd minimum requirements for concurrency, an d authorized local governments to incorporate within their concurren cy management system option al long term concurrency management systems, transportation concurrency man agemen t areas, transportation concurrency exception areas, con cu rren cy exceptions for projects that promote pu blic transportation, an d prov ision s for private con tributions to local government capital improvemen t planning 9J-5 0055 Transportatio n Circulatio n (Obi 1 1), I nfrastructure (Obi 1 4), Capital Improveme nts (Obj 1 2), Coastal Management (Obi 3 4) and Intergovernmental Coordinatio n (Obi 1 2) Elements 17 Repealed provisions authorizing establishment of optional transportation concurrency man agement areas an d providin g requirements for su ch areas 9J-5 0057 X Wallace Roberts & Todd, LLC 140 V ILE.. I .. %S hm v v vv EVALUATION AND APPR AISAL REPORT (EAR) OF THE KEY BISC AYNE M ASTER PL AN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Cit ations NA Addressed (where/how) Ame ndment Needed By Element 18 Required the Future La nd Use Element for coastal counties and municipalities that ha ve dredge spoil disposal responsibilities to iden tify an y existing dredge spoil disposal sites and in clude an analysis of the need for addition al dredge spoil disposal sites 9J-5 006(1)(f)3 a nd 9J-5 006(2)(f) X 19 Required the Future Land U se Element to in clude an an alysis of proposed developme nt and redevelopmen t based upon hazard mitigation reports 9J 5 006(2)(g) F ut ure Land Use (Obis 1 1, 2 4) 20 Required the Future Lan d Use Element to in clude objectives to encou rage elimination or reduction of uses that are inconsistent with an interagency hazard mitigation report an d en sure the availability of dredge spoil disposal sites for affected coastal counties and mun icipalities 9J-5 006(3)(b) X 21 Required policies of the fu ture lan d use element to designate dredge spoil disposal sites for affected coastal cou nties and mu nicipalities and establish site selection criteria for designation of futu re dredge spoil disposal sites 9J-5 006(3)(c) X Wallace Roberts & Todd, LLC 141 VILLA Ut Ufr Kt t I L/\YINt EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendment Needed By Element 22 Requ ired local governme nts to adopt the level of service standards established by the Department of Transportation for facilities on the Flonda Intrastate Highway System and adopt adequate level of service standards for all other transportation facilities Note 9J- 5 007 wa s repealed F ebruary 20 1996 and has been replaced by 9J-5 019 9J-5 007(3)(c) Traffic Circulation (Obj 1 1), Intergo vernmental Coordination, Capital Impro vements Elements 23 Required the Ports, Aviation an d Related Facilities Element to include an analysis of the need for additional dredge spoil disposal sites for existin g and proposed ports Note 9J- 5 009 was repea led Februa ry 20 1996 and ha s been repla ced by 9J-5 019 9J-5 009(2)(c) X 24 Required the Housin g Element inv entory and analysis to Use data from the affordable housing needs assessment Address hou sing needs of existing an d future residents A void the concentration of affordable housing and A ddress the n eeds of v ery -low income fa milies as well as low and moderate income families 9J-5 010(1) and (2) Housi ng Element Recommendation to add amendme nt to Ho using Element Wallara RnhArta R Tnrlrl LL(' 142 EV ALUATION AND APPR AISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendme nt Needed By Element 25 Required Housing Element objecti ves to address Hou sing needs of curre nt and future reside nts Sites and distribution of housing for very low income and low income families a nd Use of job train in g job creatio n a nd eco nomic solutions to address affordable ho using con cerns 9J-5 010(3) Recomme ndation to add amendment to Housi ng Eleme nt 26 Requ ired Coastal Managemen t Eleme nt inventories an d analyses to be coordinated with the cou ntywide marina sitin g plan 9J-5 012(2) Conservatio n a nd Coastal Manageme nt Element (Obj 2 1) 27 Required Coastal Managemen t Element policies to Incorporate recommendations from in teragency hazard mitigation reports, A ddress the relocation, mitigation or replacement of in frastru ctu re within the coastal high hazard area Include criteria con sistent with the countywide marin a siting plan an d Include a procedure to resolve in consistencies between the local comprehen siv e plan an d the deepwater port master plan 9J-5 012(3) Co nservation a nd Coastal Ma nagement Eleme nt Obj 3 3 Obj 3 1 Obj 2 1 N/A 28 Required affected local gov ernments to incorporate the marina sitin g plan in the Coastal Management Element 9J-5 012(4) Conservation and Coastal Ma nagement Eleme nt (Obj 2 1) Wallace Roberts & Todd, LLC 143 VILLHl7C Ur Nt Y CSIJL.f\Y INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendment Needed By Element 29 Requ ired objectives of the I ntergover nme ntal Coordination Element to • E ns ure coordination in the designation of new dredge spoil disposal sites • Involve the navigation and inlet districts state an d federal age ncies and the public in iden tifyin g dredge spoil disposal sites, and ■ R esolve conflicts between a coastal local government and a public agency seekin g a dredge spoil disposal site through the Coastal Resources Interagency Managemen t Committees dispute resolution process 9J-5 015(3) X X X Wallace Roberts & Todd LLC 144 EV ALUATION AND APPR AISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendme nt Needed By Element 30 Required local go vernme nts ha vi ng all or part of their jurisdiction withi n the urba nized area of a Metropolitan Planning Orga nizatio n to prepare an d adopt a transportatio n element which replaces the traffic circulation element, the mass tran sit elemen t, and the ports, av iation and related facilities eleme nt and established requ irements for the transportatio n element 9J-5 019 Background Tra nsportation Sectio n i ncludes maps depicting -existing circulatio n -traffic control devices -tra nsit service -traffic vol umes -speed co ntrol -bicycle and pedestrian plan May 18, 1994 31 Added prov ision s for settlemen t of conflicts throu gh compliance agreements Procedural Wallace Roberts & Todd, LLC 145 VILLAUt Ur MC DIJI.HT INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE M ASTER PLAN Chan ges to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendme nt Needed By Eleme nt 32 D efined adjusted for family size, adjusted gross in come, affordable housing, age ncy, amendmen t, clu stering, compatibility, composition, density, developme nt, development con trols, distribution, environ mentally sen sitive lands, extent, facility availability, floodprone areas, function al relationship, high recharge area, hu rrican e vulnerability zone, intensity, man ufactured home, moderate income household, n atu ral drainage flow, n atural groundwater aquifer recharge areas or natural groundwater recharge areas, new town, Apattern, pota ble water wellfield, purchase of dev elopmen t rights, ru ral areas, rural v illage or rural activity cen ter, stormwater basin, stormwater facilities, stormwater management system, suitability, transfer of dev elopment rights, urban area, u rban sprawl, very low in come hou sehold, wellhead protection area, and wetlan ds Note the definitions of a dju sted for family size a djusted gross income development a nd high recharge area were repea led and the defin itions of affordable housing and wetla nds were revised March 21 1999 9J-5 003 Procedural Wallace Roberts & Todd LLC 146 L- L- V V V L.- V V V EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendment Needed By Element 33 Revised definitions of areas s ubject to coastal flooding, conservation uses, deepwater ports, estuary, low income household, mobile home, natural reserv ations, and oceanic waters 9J-5 003 Proced ural 34 Rev ised comprehen sive plan conte nt requiremen ts to clarify that the future land use map or map series must be included in the adopted comprehensiv e plan 9J-5 005(1) Future La nd Use Map 35 Required all goals, objectiv es, policies, standards, findings and conclusions of the comprehen siv e plan and plan amen dments to be based upon analysis as well as data, explained the meanin g of being based u pon data, referenced the Departmen t's guide to data sources and Nation al Wetland In ven tory Maps, and au thorized local governments to submit textual portion s of their plan or amendmen t on electronic processing storage media 9J-5 005(2) Procedural 36 R equ ired goals, objectives and policies to establish standards for the use of lan d and guidelines for land dev elopment regulation s 9J-5 005(6) F uture Land Use Element (Obi 1 1) Wallace Roberts & Todd, LLC 147 VILLHVt Vt- t\tY t:SIJUHYINt EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 37 Required plan amendments e xempt from the twice -a -year restriction under the developme nt of regional impact provision to be transmitted as required by law and revised adoption by reference requ irements Note adoption by referen ce requiremen ts were further revised Ma rch 21 1999 9J-5 005(2)(g) Proced ural 38 A uthorized local govern ments to recognize in their comprehen sive plan s, statutory and common law vested rights 9J-5 005(8) Co nservation a nd Coastal Management (Obi 3 1) 39 Required pu blic potable water wells an d wellhead protection areas to be shown on existing land use map or map series and provided that educational uses, pubhc bu ildin gs and grounds an d other public facihties may be shown as one land use category 9J-5 006(1)] X 40 Required policies of the Futu re Lan d Use Element to address protection of potable water wellfields by designatin g appropnate activities an d land uses within wellhead protection areas 9J-5 006(3) Future Land Use Element Wallace Roberts & Todd LLC 148 EVALUATION AND APPRAIS AL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Eleme nt 41 Requ ired public potable waterwells, wellhead protection areas, and coastal high hazard areas to be shown on the f uture la nd use map an d provided that educatio nal uses, public buildin gs and grounds and other public facilities may be shown as one la nd use category Provided that if mixed use categories are u sed, policies must specify types of land u ses allowed, the percentage distribu tion amon g the mix of uses or other objectiv e measurement, and the den sity and in tensity of each use 9J-5 006(4) X 42 Prov ided criteria for rev iewing local comprehen sive plans an d plan amen dments for adequ acy in discouragin g the proliferation of urban sprawl, includin g indicators of sprawl an d measures for ev alu ating land uses, local conditions, and dev elopment con trols 9J-5 006(5) F ut ure La nd Use Element (Obi 1 1) 43 Required the Housing Element to address housing for moderate income, low income, an d very low income households, group homes, foster care facilities, and households with special housing n eeds, inclu ding rural an d 9J-5 010 Ho using Element (Obis 1 1, 1 2) fariiiworker housin g 44 Required the Hou sing Elemen t analysis to address the ex istin g hou sing deliv ery system [ 9J-5 010(2) Wallace Roberts & Todd, LLC 149 VIL L/AL= L) mm DIJLi/NTIVC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE M ASTER PL AN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendme nt Needed By Element 45 Required objectives of the Ho using Element to address adequate sites for mobile and manufactured homes 9J-5 010(3)(b) Recomme ndatio n to add amendment to Housing Eleme nt 46 Required policies of the Housing Element to Include specific programs and actions to streamlin e the permitting process an d min imize costs and delays for hou sing, Establish principles an d criteria guidi ng the location of manu factu red homes, Identify in terlocal agreements with nearby local governments to provide affordable housin g, and Designate sufficien t sites at sufficien t densities to accommodate affordable housin g 9J-5 010(3)(c) Housi ng Element Obj 1 4 Obj 1 4 Obi 1 6 47 Requ ired the data and analysis of the San itary Sewer, Solid Waste, Stormwater Management, Potable Water and Natural Groun dwater Aquifer Recharge Element to identify major natural drainage featu res and natural grou ndwater aquifer recharge areas, in cluding areas identified by the water man agement district as prime or high groundwater recharge areas 9J-5 011(1) Co nservation and Coastal Manageme nt (Obis 1 2 3 1) and Future La nd Use (Obj 2 5) Element Wallace Roberts & Todd, LLC 150 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 48 Required the policies of the Sa nitary Sewer, Solid Waste, Stormwater Ma nageme nt, Potable Water and Natural Groundwater Aquifer Recharge Element to establish water quality standards for stormwater recharge 9J-5 011(2) Infrastructure (Goal 1), Intergo vernmental Coordination (Obi 1 2), and Conser vatio n and Coastal Manageme nt (Obi 1 2) Eleme nts 49 Required the Con servation Element to ide ntify and analyze groundwater and important fish or shellfish areas 9J-5 013 (1) Conser vation a nd Coastal Ma nageme nt Eleme nt (Obi 1 2, 1 7) 50 Required policies of the con servation element to address land uses known to affect adversely the qu ality and quantity of water sou rces, in cludin g natural grou ndwater recharge areas, well head protection areas an d surface waters used as a sou rce of pu blic water supply, an d the protection and con servation of wetlands 9J-5 013(2) and (3) Conser vation a nd Coastal Ma nagement Eleme nt February 20, 1996 51 Repealed rule requ irements for the Traffic Circulation Element, Mass Transit Elemen t, Ports, Aviation an d R elated Facilities Element No te Certa in local go vernments must continue to prepa re these elements pu rsua nt to 163 3177 F S and 9J-5 019 FA C 9J-5 007, 9J 5 008, an d 9J - 5 009 X 52 Repealed rule requirements for the Recreation and Open Space Element Note Section 163 3177 F S requires loca l governments to 9J-5 014 Recreatio n and Open Space Element Wallace Roberts & Todd, LLC 151 VILLHVC ur mc T DIJV/-iT INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Ame ndme nt Needed By Element prepare this element 53 Repealed rule requirements for consistency of local gov ernmen t comprehensive plans with Comprehen sive R egional Policy Pla ns and with the State Comprehensive Plan N ote Local governmen t comprehensive plans are required by section 163 3184(1)(b) F S to be consistent with the applicable Stra tegic Regional Policy P la n a nd the Sta te Comprehensive Plan 9J-5 021 X Evaluatio n a nd Appraisal Report October 20, 1998 54 Established requirements for the Pu blic School Facihties Element for Public School Concurren cy for local gov ernments that adopt school concurrency 9J-5 025 I ntergo vernmental Coordination March 21, 1999 55 Defined pubhc transit and stormwater man agemen t facihties 9J-5 003 Procedural 56 Revised the definitions of affordable housin g, coastal planning area, port facihty, and wetlan ds 9J-5 003 Procedural, Ho using a nd Co nservation a nd Coastal Ma nageme nt Elements 57 Repeal the definitions of adjusted for family size, adjusted gross income, dev elopmen t, high recharge area or prime recharge area, 9J-5 003 Housing Element Wallace Roberts & Todd LLC 152 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendment Needed By Element mass transit, paratra nsit, public facilities, very low-income family 58 Revised prov isions relati ng to adoption by referen ce into the local comprehe nsi ve plan 9J 5 005(2)(g) a nd (8)(j) Procedural 59 Repealed tran smittal requirements for proposed evalu ation and appraisal reports, submittal requ iremen ts for adopted ev aluation and appraisal reports, criteria for determining the sufficiency of adopted evalu ation and appraisal reports, procedu res for adoption of evaluation an d appraisal reports Note tra nsmittal requirements for propo sed evaluation and appraisal reports an d su bmitta l requirements for adopted eva lu ation an d appraisa l reports were incorporated Rule Cha pter 9J-11 FA C 9J-5 0053(2) through (5) Procedural Evaluation a nd Appraisal Report 60 Repealed conditions for de minims impact and referenced con dition s in subsection 163 3180(6), F S 9J-5 0055(3)6 Procedural 61 Required the future lan d use map to show the transportation concurrency exception area bou ndaries of such areas have been design ated an d areas for possible future mun icipal in corporation 9J-5 006(4) X 62 Required objectives of the Sanitary Sewer, Solid Waste, Stormwater Man agement, Potable Water and Natural Groun dwater Aquifer Recharge Elemen t to address protection of high 9J-5 011(2) Infrastruct ure (Obi 1 1), Conservation and Coastal Manageme nt (Obj 1 2) Elements Wallace Roberts & Todd, LLC 153 VILLHVC Lir r\CT DIOLAHT1VC EVALUATION AND APPR AISAL REPORT (E AR) OF THE KEY BISC AYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendme nt Needed By Element recharge and prime recharge areas 63 Repealed the Intergovernmental Coordination Element process to determine if developmen t proposals would ha ve significant impacts on other local governments or state or regional resources or facilities, and pro visions relating to resolu tion of dispu tes, modification of development orders, an d the rendering of dev elopmen t orders to the D epartment of Community Affairs (DCA) 9J-5 015(4) X 64 Clarified that local gov ernments not located within the u rban area of a Metropolitan Planning Organ ization are requ ired to adopt a Traffic Circu lation Elemen t an d that local gov ernmen ts with a popu lation of 50,000 or less are not required to prepare Mass Transit an d Ports, Aviation and Related Facilities Elements 9J-5 019(1) X Wallace Roberts & Todd, LLC 154 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 65 Required objectives of the Transportation Element to 9J-5 019(4)(b) • Coordination the siting of new, or expansion of existing ports, airports, or related facihties with the Future Land Use, Coastal Management, and Con servation Elements, X • Coordination surface transportation access to ports, airports, and related facilities with the traffic circulation system, X • Coordination ports, airports, and related facilities plan s with plans of other transportation prov iders, an d X • Ensure that access routes to ports, airports and related facilities are properly in tegrated with other modes of transporta tion X 66 Required policies of the Tran sportation Element to 9J-5 019(4)(c) Provide for safe an d conv enient on -site traffic flow, Transportation Circ ulatio n Element (Obi 1 1) Establish measures for the acquisition and preservation of public transit rights -of- way and corridors, Transportation Circulatio n Eleme nt (Obi 1 4) Wallace Roberts & Todd, LLC 155 V ILI—AL .t Ur Kt,Y IiIJUHY NC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Ame ndme nt Needed By Element Promote ports, airports and related facilities developme nt and expansion, X Mitigate adv erse structural and non- structural impacts from ports, airports an d related facilities, X Protect and conserve natural resources within ports, airports and related facilities, X Coordin ate mtermodal management of surface an d water transportation withi n ports, airports and related facilities, and X Protect ports, airports and related facilities from en croachment of in compatible land u ses X 67 A dded standards for the review of land development regu lations by the Department 9J-5 022 Procedural 68 A dded criteria for determinin g consistency of land dev elopment regulations with the comprehensiv e plan 9J-5 023 Proced ural Future Land Use Element (Obi 1 1) February 25, 2001 69 Defined gen eral lanes 9J-5 003 Procedural Transportation Circulation Element 70 Revised the definition of "marine wetlands " 9J-5 003 Proced ural Conservation and Coastal Management Element Wallace Roberts & Todd LLC 156 V 1 L.. {-/ % V V V N. 1.� V vv I_ EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendment Needed By Element 71 Repeal the definitio n of public facihties and serv ices " 9J-5 003 X 72 Rev ised procedures for monitori ng, evaluating and appraising implementation of local comprehensive plan s 9J-5 005(7) Evaluatio n and Appraisal Report 73 Repealed requiremen ts for evaluation and appraisal reports and ev aluation and appraisal amendments 9J-5 0053 X 74 Rev ised concurrency man agement system requirements to include provisions for establishment of public school concurrency 9J-5 005(1) a nd (2) I ntergover nme ntal Coordinatio n (Obi 1 1) 75 Authorized local govern ments to establish multimodal tran sportation lev el of service stan dards and established requ irements for multimodal transportation districts 9J-5 0055(2)(b) and (3)(c) X 76 Authorized local governments to establish level of serv ice stan dards for general lanes of the Florida Intrastate Highway System within urbanized areas, with the concu rrence of the Department of Transportation 9J-5 0055(2)(c) Transportation Circulation (Obi 1 1) 77 Provide that public transit facihties are n ot subject to concurrency requirements 9J-5 0055(8) Proced ural 78 A uthorized local comprehensive plans to permit multi -use developments of regional impact to satisfy the tran sportation concurren cy requirements by payment of a proportion ate sha re contribution 9J-5 0055(9) Capital Impro veme nts Element Wallace Roberts & Todd, LLC 157 V 1LLP1VG V IA L. 1 L)1vv r% 1 1 I L - EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendment Needed By Eleme nt 79 R equired the future land use map to show multimodal transportation district bou ndaries, if established 9J-5 006(4) X 80 A uthorized local governments to establish multimodal transportation districts and, if established, required local governme nts to establish design stan dards for such districts 9J-5 006(6) X 81 Required data for the H ou sing Element i nclude a description of substandard dwelling units an d repealed the requ irement that the housing inventory include a locally determined definition of standard and substan dard housing conditions 9J-5 010(1)(c) Housing Element (Obj 17) 82 A uthorized local gov ernments to supplemen t the affordable housing needs assessment with locally generated data and repealed the authorization for local governmen ts to conduct their own assessment 9J-5 10(2)(b) Housing Element (Obi 1 4) 83 Required the Intergovern mental Coordination Element to include objectives that ensure adoption of interlocal agreements within on e year of adoption of the amen ded Intergov ernmen tal Coordination Element an d ensure intergovernmental coordination between all affected local governments and the school board for the purpose of establishing requirements for public school concurrency 9J-5 015(3)(b) Housing Element (Obis 1 1, 1 2,1 3) Wallace Roberts & Todd, LLC 158 EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Ame ndme nt Needed By Element 84 Required the Intergovernme ntal Coordinatio n Elemen t to include 9J-5 015(3)(c) Policies that provide proced ures to identify and implement joint planning areas for pu rposes of ann exatio n, municipal incorporation and joint infrastructure service areas, Housi ng Element (Obi 1 2) Recognize campus master plan and provide procedures for coordinatio n of the campus master dev elopment agreemen t, X Establish joint processes for collaborative plann ing and decision -making with other un its of local gov ern ment, Housing Element (Obi 1 1, 1 2, 1 3) Establish join t processes for collaborativ e plannin g and decision making with the school board on population projections and siting of public school facilities, Housi ng Eleme nt (Obj 1 1) Establish joint processes for the sitmg of facilities with cou nty -wide significa nce, and Housi ng Element (Obi 1 1, 1 2, 1 3) Adoption of an interlocal agreemen t for school concurrency Ho using Element (Obi 1 1) 85 Required the Capital Improv ements Elemen t to mclude implemen tation measures that provide a five-year financially feasible public school 9J-5 016(4)(a) X Wallace Roberts & Todd, LLC 159 V IL LNVC VI- r\C T DIOLiN T INC EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element facilities program that demo nstrates the adopted lev el of service sta ndards will be achiev ed an d maintained and a sched ule of capital improvements for multimodal transportation districts, if locally established 86 Required the Transportation Eleme nt analysis for multimodal transportation districts to demon strate that community design elements will reduce v ehicle miles of trav el and support an integrated, multi -modal tran sportation system 9J-5 019(3) X 87 Requ ired Transportation Element objectives for multimodal tran sportation districts to address provision of a safe, comfortable and attractive pedestrian environmen t with convenien t access to public transportation 9J-5 019(4) X 88 Authorized local gov ernments to establish level of service stan dards for gen eral lanes of the Florida Intrastate H ighway System within urbanized areas, with the con currence of the Department of Transportation 9J-5 019(4)(c) Tra nsportation Circ ulation (Obi 1 1) Wallace Roberts & Todd, LLC 160 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Wallace Roberts & Todd, LLC 161 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN d Strateg►c Reg►onal Pol►cy Plan for South Florida In accordance with Section 163 3191 the following evaluates relevant changes in growth management laws in the South Florida Regional Planning Council s Strategic Regional Policy Plan of South Florida, which was adopted on June 7 2004 and become effective on July 7 2004 (1) Manner of Compl►ance with Strateg►c Reg►onal Policy Plan for South Flor►da Goal 1) Invest in youth and workforce of the region by providing quality education workforce training and targeted job creation Response —Addressed through ongo►ng ►ntergovernmental coord►nat►on efforts Goal 2) Increase employment opportunities and support the creation of jobs with better pay and benefits for the Region s workforce Response— See response to Goal 1 above Goal 3) Protect the health safety and welfare of South Florida s residents Response— Addressed through ongo►ng ►ntergovernmental coordinat►on efforts Goal 4) Enhance the economic and environmental sustainability of the Region by ensuring the adequacy of its public facilities and services Response— Addressed ►n Master Plan's Conservat►on and Coastal Management and Cap►tal Improvements Elements Goal 5) Overcome school overcrowding in the region Response —Addressed ►n Master Plan's Intergovernmental Coordinat►on Element Wallace Roberts & Todd, LLC 162 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goal 6) Ensure the availability of equitable distribution of adequate affordable housing for very low low and moderate income households within the Region Response —Addressed in Master Plan's Housing Element Goal 7) Protect conserve and enhance the Region s water resources Response —Addressed in Master Plan's Future Land Use (Objectives 2 3, 2 7), Infrastructure (Objective 1 5), and Conservation and Coastal Management (Objectives 1 2, 2 5) Elements Goal 8) Enhance the Region s mobility safety quality of life and economic healthy through improvements to road port and public transportation infrastructure Response —Addressed in Master Plan's Traffic Circulation and Infrastructure Elements Goal 9) Develop clean sustainable, and energy efficient power generation and transportation systems Response —Addressed in Master Plan's Traffic Circulation and Infrastructure Elements Goal 10) Increase awareness of the Region s green infrastructure its significance to the Region s economy and the public's role in access and use that is compatible with long-term sustainability Response —Addressed in the Master Plan's Parks and Recreation and Conservation and Coastal Management Elements Goal 11) Encourage and promote the implementation of development proposals that conserve the region s natural resources rural and agricultural lands green infrastructure and 0 Utilize existing and planned infrastructure where most appropriate in urban areas Wallace Roberts & Todd, LLC 163 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 0 Enhance the utilization of regional transportation systems 0 Incorporate mixed land use development, 0 Recycle existing developed sites and 0 Provide for the preservation of historic sites Response —No Agriculture or agriculturally designated lands in the city Goal 13) Preserve restore and rehabilitate South Florida s historic structures landmarks, districts neighborhoods and archeological sites Response —Addressed in the Master Plan's Future Land Use (Objective 2 6), Housing (Objective 1 5), and Conservation and Coastal Management (Objective 2 4) Elements Wallace Roberts & Todd, LLC 164 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 6 Conclusions and Recommendations FUTURE LAND USE Recommendation FLU1 The language in Goal 1 of the Future Land Use should be strengthened to read in part • Future residential development shall be at the lowest densities consistent with protection of reasonable property rights Recommendation FLU2 The following changes should be made to the future land use map to reflect current and anticipated uses • Government and Civic Center parcels at West McIntyre Street and Village Green Way should be reclassified from Commercial to Public and Institutional • The Pankey Building (1 Crandon Boulevard) should be changed from Medium Density Multi -Family to Office • The Esplanade should be changed from Office to Commercial • The Library (299 Crandon Boulevard) should be changed from Medium Density Multi -Family to Public and Institutional ▪ The Beach Park should be changed from Medium Density Multi -Family to Public Recreational and Open Space • A portion of the Key Biscayne K-8 Center is designated as Public Recreation and Open Space should be adjusted The eastern third should remain as Public Recreation and Open Space but the remaining two-thirds should be categonzed as Public and Institutional • The 700 block of Fernwood Road should be recategonzed from Two Family Residential to Single Family Medium Density Residential • Village Lake Park should be recategonzed from Low Density Multi -Family to Public Recreation and Open Space Recommendation FLU3 Dates referenced in the following policy and objective should be updated • Policy 2 1 1 Complete (sanitary sewer extension) plan by 2008 • Objective 2 6 Historic Preservation prepare a list and strategy for preservation of potentially significant historic structures by 2010 Wallace Roberts & Todd, LLC 165 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN TRAFFIC CIRCULATION Recommendation TC1 A policy should be written under Objective 1 1 scheduling a traffic study to assess the impact of internally generated traffic congestion Recommendation TC2 A policy should be written under Objective 1 1 scheduling a traffic study to assess the LOS of collector and local streets Recommendation TC3 In Policy 1 1 1 change the designation for arterial roadways from LOS E to LOS D Recommendation TC4 Observe Fernwood Road as a transitional road between residential and commercial At the rear lot line of specific commercial centers on Crandon Boulevard open access points to pedestrians golf carts and on a limited basis to vehicular traffic Recommendation TC5 Place and coordinate the update of electric signs at the intersection of Highway 95 and US Route 1 South that inform visitors if Bill Baggs Park is at capacity or accepting additional visitors HOUSING Recommendation H1 An amendment should be added to the Housing Element stating "The Village shall monitor current and future housing needs and explore innovative solutions to increase the affordability and diversity of the stock while maintaining compliance with Coastal High Hazard Area and Floodplain regulations Recommendation H2 The following objective should be amended to read • Objective 14 The Local Planning Agency (LPA) shall define and promote affordable housing of a type and at a price range consistent with Key Biscayne local market and general market conditions Recommendation H3 The following objective should be amended to read - Objective 1 6 Development of Affordable Housing in Nearby Communities Develop ongoing interlocal coordination with other jurisdictions and non- governmental agencies for the provision of affordable housing Recommendation H4 The following policy should be removed because it is no longer relevant to existing conditions and needs There were and are no vacant properties along Crandon Boulevard There were two sites Wallace Roberts & Todd, LLC 166 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN originally developed as small low -density hotels and replaced with more than 250 units - Objective 1 1 New Construction Cooperate with private sector to build at least 250 well designed and diversified units on vacant residentially designated areas along Crandon Boulevard by 2004 INFRASTRUCTURE Recommendation 11 The date referenced in the following policy should be updated ■ Policy 1 2 1 Complete financial and engineering feasibility plan to extend sanitary sewers to unsewered areas by 2010 and complete implementation by 2008 CONSERVATION AND COASTAL MANAGEMENT Recommendation CCM1 An addition to should be made to state that the Village will continue to explore new ways to integrate green technologies into public facilities Recommendation CCM2 Dates referenced in the following objective should be updated ■ Objective 2 4 Historic Preservation Prepare a list of potentially Recommendation CCM3 Update Policy 3 3 1 to read* • Policy 3 3 1 Update the disaster response plan based on the Hurricane Andrew experience and in consultation with the South Florida Regional Planning Council (SFRPC) and MDC OEM by 1996 *The Village is in the process of coming up with a more comprehensive plan that covers pre -storm, evacuation, and post storm guidelines RECREATION AND OPEN SPACE Recommendation ROS1 The following objective should be amended to read • Objective 1 5 Public -Private Coordination Explore and implement a fully coordinated system of recreation resources Recommendation ROS2 The following policy should be amended to read Wallace Roberts & Todd, LLC 167 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Policy 1 3 5 Explore means of revenue raising to support public trust acquisition of recreation lands and open space and preservation of historic landmarks by 2010 INTERGOVERNMENTAL COORDINATION Recommendation IC1 The following policy should be amended to read - Policy 1 2 1 As is relevant consider and attempt to consummate the following interlocal agreements on an ongoing basis Recommendation IC2 The following policy should be removed because it is no longer relevant to existing conditions and needs The Village has not attempted to annex any land nor does it foresee doing so • Policy 1 1 3 Use informal mediation process of SFRPC to resolve annexation and other conflicts with other governmental entities CAPITAL IMPROVEMENTS Recommendation C11 In compliance with Chapter 163 FS (5)(d) provisions should be included for granting concurrency exceptions Recommendation C12 The date referenced in the following policy should be updated • Policy 1 5 2 Explore a recreational impact fee for all new development to help fund acquisitions and improvements by 1994 In May 2005, the Village assembled the 2020 Vision/EAR Committee to lead the community in charting a vision statement and developing a comprehensive strategic plan for capital improvement projects At the time of submission of this EAR, the 2020 Vision/EAR Committee is working on project prioritization and budget analysis and deliberating the merits of including all or part of the Vision Statement in appropriate goals objectives and policies Following an assessment by the Vision Committee, the capital improvement projects will be reviewed by the Village Council Depending on the outcome of such review or referenda, certain initiatives may be proposed for treatment in a Master Plan amendment to serve as a foundation and guideline for future policy and decision -making Wallace Roberts & Todd, LLC 168 RESOLUTION NO 2006-24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING TERMINATION OF NAME DISPLAY COVENANT EXECUTED BY THE VILLAGE OF KEY BISCAYNE FOR THE BENEFIT OF THOMAS H WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, APPROVING EXECUTION OF NEW NAME DISPLAY COVENANT TO BE EXECUTED BY THE VILLAGE OF KEY BISCAYNE FOR THE BENEFIT OF THOMAS H WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AND APPROVING SIGNAGE PURSUANT TO THE NEW NAME DISPLAY COVENANT, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE TERMINATION OF NAME DISPLAY COVENANT AND THE NEW NAME DISPLAY COVENANT AND TO TAKE ALL STEPS NECESSARY TO IMPLEMENT THIS RESOLUTION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 21, 2000, the Village and Thomas H Wakefield, Charles Fred Rebozo and Mary R Bouterse, as Successor Trustees of the Charles G Rebozo Trust Under Revocable Trust Agreement dated January 20, 1989 (the "Trustees"), entered into a Name Display Covenant, as recorded in Official Records Book 19293 at Page 2978 of the Public Records of Miami -Dade County, Flonda (the "Name Display Covenant"), in which the Village agreed to the placement of limited signage on certain Village property, and WHEREAS, the Village and the Trustees desire to terminate the Name Display Covenant pursuant to the terms and conditions of the Termination of Name Display Covenant, a form of which is attached hereto as Exhibit "A" ("Termination of Name Display Covenant"), and enter into the New Name Display Covenant, a form of which is attached hereto as Exhibit "B" ("New Name Display Covenant"), for the placement of signage as described therein NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Approval and Execution of Termination of Name Display Covenant and New Name Display Covenant The Village Council hereby approves the Termination of Name Display Covenant and the New Name Display Covenant, and approves the execution by the Village Manager of the Termination of Name Display Covenant and the New Name Display Covenant, and to the placement of the signage substantially in accordance with the plans and specifications in the New Name Display Covenant attached as Exhibit "B" to this Resolution Section 2 The Village Manager is authorized to take all action necessary for the execution of the Termination of Name Display Covenant and the New Name Display Covenant, and for the construction and placement of the approved signage and any other actions necessary to implement this Resolution Section 3 Effective Date This Resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 13th day of June , 2006 (t'OCcL&c 1tL- MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY 2 111111111111111111111111111111111111111111111 This instrument was prepared by and record and return to John J Kendrick III Esq Weiss Serota Helfinan Pastonza Cole & Boniske P A 2665 S Bayshore Drive Suite 420 Miami Flonda 33133 EXHIBIT "A" CFN 2OO6RO89632 OF Bk 24832 Fgs 4239 — 4244r i6#s RE(ORDE0 08117f2ffi6, 14 49 IJ HARVEY RI I H r (LEf F OF (OUR T MIAMI—DADE (OMIT r ELOFIvA TERMINATION OF NAME DISPLAY COVENANT THIS TERMINATION OF NAME DISPLAY COVENANT (this "Agreement"), is made as of the a r7 day of d , 2006, by and between the VILLAGE OF KEY BISCAYNE, a municipal corporation, having an address at 88 West McIntyre Street, Key Biscayne, FL 33149 (the "Village") and Thomas H Wakefield, Charles Fred Rebozo and Mary R Bouterse, as Successor Trustees of the Charles G Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (collectively the "Trust"), having an address at c/o Olga Guilarte, 524 Fernwood Road, Key Biscayne, FL 33149 WITNESSETH WHEREAS, the Village executed a Name Display Covenant for the benefit of the Trust, which Name Display Covenant was recorded in Official Records Book 19293 at Page 2978 of the Public Records of Miami -Dade County, Florida (the "Existing Covenant"), WHEREAS, the Village and Trust have agreed to replace the Existing Covenant with a new name display covenant, and WHEREAS, Village and the Trust desire to cancel and terminate the Existing Covenant NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Village and the Trust agree as follows 1 Incorporation of Recitals The above recitals are true and correct and are incorporated herein as if set forth in full 2 Termination The Existing Covenant is hereby terminated and cancelled as of the date hereof and the parties to this Agreement hereby direct the Clerk of the Court to cancel the same of record 3 Miscellaneous This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall be construed in accordance with the laws of the State of Flonda This Agreement may not be modified except by agreement in writing executed by the Village and Trust This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement [Remainder of page intentionally left blank ] 2 1N WITNESS WHEREOF, this Agreement has been executed by the parties as of the date hereof Signed, sealed and delivered In the presence of (IAA dsLcutioA__ Pnnt Name fOL( Vo,r0rCv Pnnt me Attest llage Clerk Approved as to legal form and sufficiency B illage At orney VILLAGE VILLAGE OF KEY BISCAYNE, a Flonda municipal corporation By / ,/ le&fr / queline Menendez, V e Manager 3 qKtatAt(t) W es Sign re �� J Printed Name Witness Signature Printed Name KVILO a 8416/1) Wit es Sign -Are Cv U(10 Printed Name Witness Signature Printed Name TRUST / 771 Christina O'Brien Gilbert, as Succes . , Trustee of the Charles G Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended Charles Fred Rebozo, as Seccessoi Trustee of the Charles G Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended 4 STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) 746 The foregoing Agreement was acknowledged before me this /w day of 2006 by Jacqueline Menendez, as Village Manager of the Village of Key iscayne, a Flonda municipal corporation, on behalf of the municipal corporation Personally Known or Produced Identification Type of Identification Produced 1 MYRIAM RESTREPO MY COMMISSION # DD 483059 EXPIRES October 18 2009 Bonded Thru Notary Public Underwriters STATE OF FLORIDA COUNTY OF MIAMI -DARE 1 ) )SS ) Signature Name [Pnnt • r type] /viyR H-� X Cregte5 Title Notary Pubhc Senal No , if any My commission expires Le o /d a20O ,' The foregoing instrument was acknowledged before me this 2-1 day of j"-CA. to , 2006 by Thomas H Wakefield, as Successor Trustee of the Charles G Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended, who is personally known to me or who has produced as identification 8ARBARAA PETERSON Notary Pubic State of MyCommon EV*/ 00�Pt CtmMInktliICKt44 sonded 8y National ---*?=19- ...,A,- (Signature of person :i` mg acknowledgment) 1 45A' ' A- -P e& b (Name of : cknowledger typed, pnnted or stamped) 0 .lam PtAaLke-- itle or ranli) i> o i Liditto (Serial number, if any) 5 E k 24832 FG 4244 - LAST F AGE STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this LI day of 2006 by Charles Fred Rebozo, as Successor Trustee of the Charles G Rebozo Re cable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended who is personally known to me or who has produced as identification (Signature of person taking acknowledgment) tbitw-6-411 (Name of acknowledger typed, printed or stamped) l\Vr 191AZU (Title or ra ) Oil y( (Serial number, if any) STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 2-7 day of 2006 by Christina O'Brien Gilbert, as Successor Trustee of the Charles G ebozo evocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended, who is personally known to me or who has produced as identification A PET z NaryPublic State ofRaids My Commission Expires Oct 13 MOO 1" • Commiabna Q0431446 "� Bonded Ily Nato* Assn. 0 4 I 4� 4 �4R F \ 100\ 1030321Termination Agreement doc (Signature of person taking acknowledgment) NR-gP404 Pt i wv (Name of acknowledger typed, printed or stamped) Wol:lot-ej (Title or rank) (Serial number, if any) 6 111111111(11 inii iim mn nin iim im mi This instrument was prepared by and record and return to John J Kendrick III Esq Weiss Serota Helfinan Pastonza Cole & Boniske P A 2665 S Bayshore Drive Suite 420 Miami Flonda 33133 EXHIBIT "©" CF1r4 20C16R08968246 OR 8L 24832 F'g s 4249 - 4252r t 8p g s., RECORDED 08/17/20=06 14 49 03 HARVEY RUVIH r CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA NEW NAME DISPLAY COVENANT 44 This New Name Display Covenant dated as of the c day of is made by the Village of Key Biscayne, a Florida municipal corporation (the "Villa RECITALS 2006 WHEREAS, the Village is the owner of the real property descnbed in the attached Exhibit "A" (the "Village Green") WHEREAS, on September 21, 2000, the Village purchased certain real property located in the Village from Thomas H Wakefield, Charles Fred Rebozo and Mary R Bouterse, as Successor Trustees of the Charles G Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (collectively the "Seller"), WHEREAS, in connection with said purchase, the Village executed a Name Display Covenant which was recorded in Official Records Book 19293 at Page 2978 of the Public Records of Miami -Dade County, Flonda (the "Prior Name Display Covenant"), WHEREAS, the Prior Name Display Covenant has been terminated and cancelled of record pursuant to that certain Termination of Name Display Covenant dated as of the date hereof entered into between the Village and the Seller, and WHEREAS, the Village and the Seller have agreed that the Pnor Name Display Covenant shall be replaced with this New Name Display Covenant follows 1n full NOW, THEREFORE, for valuable consideration, the Village covenants and agrees as 1 The above recitals are ti ue and correct and are incorporated herein as if set forth 2 The Village heieby agrees to place a limerock monument at the Village Green (the "Rebozo Monument") containing an 18" by 24" plaque with the words as set forth on Exhibit "B" attached hereto Subject to cessation foi reasonable penods of time by reason of force maj eure, acts of god, fire or other casualty, repairs, restoration, renovation, alteration or causes beyond the control of the Village, the Village agrees to construct and complete the Rebozo Monument substantially in accordance with the specifications set forth on Exhibit "B" attached hereto, including the approximate location and size of the Rebozo Monument, size of the plaque, font, size of lettering and matenais set forth on Exhibit "B" attached hereto, provided, however, in the event that the Village Green is redesigned by the Village, then the Rebozo Monument may be relocated by the Village to another location within the Village Green (or such other location within the Village) reasonably acceptable to the Seller 3 Notwithstanding anything to the contrary contained in this New Name Display Covenant, if the improvements currently located at the Village Green are wholly or partially destroyed and the Village does not elect to rebuild, restore or repair such improvements, then the Village shall not be obligated to replace the Rebozo Monument thereon 4 This New Name Display Covenant shall encumber the Village Green only for so long as the Village owns the Village Green The terms, covenants, restrictions and provisions of this New Name Display Covenant shall automatically terminate and become null and void on the date that the Village Green is no longer owned by the Village 5 This New Name Display Covenant is given for the benefit of the Seller and may be enforced by Seller or any heir -at -law of Charles G Rebozo This New Name Display Covenant may only be modified, rescinded or amended in whole or in part by an instrument executed by (i) the Village and (ii) the Seller or their successors' trustees [Remainder of page intentionally left blank ] 2 IN WITNESS WHEREOF, the Village has caused this instrument to be executed as of the day and year first above wntten Witnesses Jk\j Print Name Print N Atte illage Clerk \1 Cc(6nC1 Approved as to legal • rm and sufficiency By STATE OF FLORIDA Village A orne )SS COUNTY OF MIAMI-DADE VILLAGE OF KEY BISCAYNE, a Flonda municipal corporation Jacqueline Menendez, Village Manger The foregoing instrument was acknowledged before me this day of 2006 by Jacqueline Menendez, Village Manager of the Village of Key Bisc ne, a Flonda municipal corporation, in the capacity aforestated, such person is personally known to me or has produced a driver's license as identification My Commission Expires at- /d ,OQ • k« No ry Public, State of Florida MYRIAM RESTREPO * ! ► * MY COMMISSION # DD 483059 EXPIRES October 18 2009 Bonded Thru Notary Public Underwnters 3 EXHIBIT "A" LEGAL DESCRIPTION OF VILLAGE GREEN 4 Exhibit "A" Parcel A A portion of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, more particularly described as follows From the Southeast corner of said Tract 5 run North 79 degrees 11 minutes 28 seconds West along the South line of said Tract 5 for a distance of 402 76 feet to the Southwest corner of said Tract 5, thence run Northward along the West line of said Tract 5, said West line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1365 feet and a central angle of 17 degrees 52 minutes 23 seconds for an arc distance of 425 80 feet to the Point of Begv rin-trg of the parcel of land herein described, thence run south 88 degrees 01 minutes 04 seconds East for a distance of 104 65 feet to a point, thence run South 77 degrees 59 minutes 50 seconds East for a distance of 300 24 feet to a point on the East line of said Tract 5, thence run Northward along the East line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1765 feet and a central angle of 00 degrees 29 minutes 38 seconds for an arc distance of 15 21 feet to a point thence run North 77 degrees 59 minutes 29 seconds West for a distance of 298 82 feet to a point, thence run North 88 degrees 01 minutes 04 seconds West for a distance of 106 60 feet to a point on the West line of said Tract 5, said West line of said Tract 5 being the arc of a curve to the left that has for its elements a radius of 2635 feet and a central angle of 00 degrees 01 minutes 36 seconds for an arc distance of 1 26 feet to a point of tangency with a circular curve to the right that has for its elements a radius of 1365 feet and a central angle of 00 degrees 34 minutes 39 seconds for an arc distance of 13 71 feet to the Point of Beginning Parcel B Commencing at the Southeast corner of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, run North 79 degrees 11 minutes 28 seconds West along the South line of said Tract 5 for a distance of 402 76 feet to the Southwest corner of said Tract 5, thence run Northward along the West line of said Tract 5, said West line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1365 feet and a central angle of 17 degrees 52 minutes 23 seconds for an arc distance of 425 80 feet to the Point of Beginning of the parcel of land herein described, thence run South 88 degrees 01 minutes 04 seconds East for a distance of 104 65 feet to a point, thence run South 77 degrees 59 minutes 50 seconds East for a distance of 300 24 feet to a point on the East line of said Tract 5, thence run Southward along the East line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the right having for its elements a radius of 1765 feet and a central angle of 14 degrees 07 minutes 12 seconds for an arc distance of 434 97 feet to the Point of Beginning Parcel C Tract 7, of a Subdivision of a Portion of MATHESON ESTATE, according to the Plat thereof, as,rrecorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, less the South 150 feet, as measured at right angles to the South line, and less the North 97 33 feet of the South 247 33 feet of Tract 7 as measured at right angles to the Southerly boundary of Tract 7 EXHIBIT "B" SITE PLAN 24" 18" W Trim Profile Photo 2" 8" IN MEMORY OF CHARLES G. REBOZO 1" "" 1912'-1998 -� 2" KEY BISCAYNE PIO , ER, BENEFACTOR, 1T AND CONEVIUNITY LEADER a%gyp Ltrs FOUNDER OF THE FIRST BANK ON THE KEY , Plaque Detail (Optiion 2) Weather -proofed, brushed bronze, dark background, raised light letters, reverse mount, letters New Times Roman OR Bk 24832 FG 4252 LAST PAGE Option 2 Page 2 4' Front View 3' Proposed Village Rebazo Green Memorial 15' C Fountain Lawn 1-7 Paver Plaza Veterans Memorial Memoriial Location Plan (Optiori 2) Side View Aspital Path Crandon Boulevard RESOLUTION NO 2006-25 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING IMPROVEMENT OF THE PLAYING FIELD WHICH IS UTILIZED BY THE VILLAGE AT THE KEY BISCAYNE COMMUNITY SCHOOL, AUTHORIZING CONSTRUCTION OF PLAYING FIELD IMPROVEMENTS, AUTHORIZING CONTRACT BETWEEN THE VILLAGE AND PROTURF, INC FOR CONSTRUCTION WORK ON PLAYING FIELD IMPROVEMENTS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the construction of playing field improvements (the "Project"), upon lands utilized by the Village pursuant to Agreement with the Miami -Dade County School Board at the Key Biscayne Community School facility of the School Board, as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to expeditiously proceed with the construction of the Project, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that competitive bidding procedures for the construction work may be waived by the Village Council pursuant to Village Code Section 2-85 upon the Council finding, as is hereby found, that it is impractical to apply such competitive bidding procedures in light of the need to expeditiously complete the playing field improvements, and that public bidding is not mandated by state law, for this construction project of a construction cost of not more than Two Hundred Thousand and No/100 ($200,000 00) Dollars, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2. Work Authorized, Specification of Funds A That the construction activities for the playing field improvements (the "Improvements") as descnbed herein and in Exhibit "A", attached hereto, are hereby approved and authonzed, subject to the condition that the construction cost of the Improvements shall not be more than Two Hundred Thousand ($200,000 00) Dollars B That the funding source for the Project shall be that which is specified in Exhibit "A" Section 3 Agreement Approved That the Village Manager is hereby authonzed to enter into an Agreement with Proturf, Inc , for the construction work (the "Agreement") in a form and substance approved by the Village Attorney, which is consistent with the standard format routinely used by the Village and is consistent with the requirements of this Resolution, and such Agreement is hereby approved, subject to approval of the Village Attorney as to form and legal sufficiency Section 4. Implementation That the Village Manager is hereby authonzed to take any and all action which is necessary to fully implement the purposes of this Resolution, the Agreement and the Improvements Section 5 Effective Date. That this Resolution shall be effective immediately upon adoption hereof 2 PASSED AND ADOPTED this 13th day of June, 2006 /(Z cd-ttb4 t.---1 MAYOR ROBERT OLDAKOWSKI 41(///eate CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY 103 001/Resolutions/Authonzmg Resolution for Improvements of Playing Field 4 27 06 3 EXH I BIT "A" VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez Office of the Village Manager DT June 13, 2006 TO Ho - or ..le Ma it Members FR q eh • - ' Menendez Village Manager Key Biscayne Community School Field Improvements Initial design documents have been completed for the Community School Baseball Field project prepared by PBS &J and a formal bid has been submitted by Proturf, Inc the contractor responsible for the completion of the St Agnes playing field last year The attached recap spread sheet identifies the original estimate for the project prepared by Skyline Management Group and the result of the bid submitted by Proturf The initial estimate was $310,000, the actual bid is $192,143 Several of the items included in the bid are allowances which may in fact be lower once all final details have been resolved and a permit issued to begin construction We are recommending Council approval of an amount not to exceed the $192,143 bid to facilitate as much construction progress as possible during the school vacation penod Staff has met with the Miami Dade County School Board who has agreed to pay for a portion of the field repairs Funding within the Village of Key Biscayne is available in the playing fields reserve fund Included with the playing fields information is a field lighting estimate for informational purposes, only 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMENT TO 1 ROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybiscayne flgov SKYLINE MANAGEMENT GROUP VKB Community School Sports Field Proturf, Inc Bid 6/7/2006 Description Quantity Unit Cost Extension Site Preparation Ind Demo Allow 1 EA $ 15 400 00 $ 15 400 00 Regrade Ball Field Bid 1 EA $ 14 910 00 $ 14 910 00 Install New Bermuda Grass Bid 1 EA $ 10 650 00 $ 10 650 00 Irrigation System Bid 1 EA $ 25 000 00 $ 25 000 00 New Backstop Bid 1 EA $ 8 000 00 $ 8 000 00 New Dugouts Bid 2 EA $ 6 150 00 $ 12 300 00 New Field Fencing Allow 1 EA $ 8 613 00 $ 8 613 00 Dugout Benches Allow 2 EA $ 585 00 $ 1 170 00 Landscape (Palm Tree) Allow 1 EA $ 3 000 00 $ 3 000 00 Drainage System Bid 6 EA $ 9 000 00 $ 54 000 00 Ball Field Equipment Allow 1 EA $ 2 500 00 $ 2 500 00 Contingency 1 LS $ 15 000 00 $ 15 000 00 Total Construction Budget $ 155 143 00 Engineering and Professional Fees $ 37 000 00 Total Project Budget $ 192,143 00 Key Biscayne Community School Lighting information Key Biscayne, FL Date 4/3/06 Equ►pment Descr►ption — Baseball/2 Basketball Courts - Turnkey Electrical Installation - $157,301 60 + tax Light Structure Green TM System delivered to your site in Five Easy Pieces TM • 6 Pre cast concrete bases • 6 Galvanized steel poles • UL Listed remote electrical component enclosures • Pole length wire harness • Factory aimed and assembled luminaires Also Includes • Energy savings of more than 50% over standard lighting system • 50% less spill and glare light than Musco s prior industry leading technology • Musco Constant 25TM warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years including labor and materials • Guaranteed constant light level of for 25 years +/ 10% per IESNA RP 06 01 • 2 group re lamps at the end of the lamps rated life 5000 hours • Control Linko Control & Monitoring System for flexible control and solid management of your lighting system • Lighting Contactors sized for existing electrical service Quotation Price — Baseball Field w/ 4 poles & 2 Basketball Courts with 2 poles Pricinq is per City of Jacksonville Bid #SC -0549-03 Description QTY $ Per Total 1) 60 mounting height poles with 5 fixtures 2 $ 6 705 13 410 00 2) 60 mounting height poles with 8 fixtures 2 $ 8 375 16 750 00 3) 40 mounting height poles with 4 fixtures 2 $ 3 200 6 400 00 4) TLC Glare Control Visors 34 $ 158 5 372 00 5) 9% Adder for 146 MPH Wind Speed 4 18 129 60 6) Disconnects 6 $ 210 1 260 00 7) Control Link 1 $ 9 000 9 000 00 SUB -TOTAL 70,321 60 Installation of Poles/Fixtures 8) 60 mounting height poles with 2-21 fixtures 4 $ 2 300 9 200 00 9) 40 mounting height poles 2 $ 1 700 3 400 00 10) Concrete Backfill adder for 40 - 60 poles 6 $ 200 1 200 00 11) Pull Boxes 6 $ 200 1 200 00 12) 200 Amp Senvice Installations 1 $ 7 800 7 800 00 13) Conduit Wire Trenching Turnkey Installation 2075 $ 22 45 650 00 SUB TOTAL 68,450 00 14) 10 Club Warranty Extended to 25 Years 34 $545 18 530 00 Total with 25 Year Warranty 157,301 60 Musco has recently introduced the new Light Structure Green technology that allows you to save up to 50% in kW consumption for your sports lighting system This new and improved system will be provided for the above quoted price Sales tax labor and unloading of the equipment is not included as part of this quote Pricing furn►shed is effective for 60 days unless otherwise noted and is considered confidential RESOLUTION NO 2006-26 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, FLORIDA PROVIDING FUNDING ASSISTANCE TO THE VILLAGE FOR THE SANITARY SEWER COMPONENT OF THE VILLAGE'S SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT PURSUANT TO THE 2004 BOND PROGRAM "BUILDING BETTER COMMUNITIES" OF MIAMI-DADE COUNTY, PROVIDING FOR EXECUTION OF AGREEMENT, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE WHEREAS, substantial funding assistance for the sanitary sewer component of the Village's pending sanitary sewer and water hne improvement project (the "Project") is available through the general obligation bond issued by Miami -Dade County pursuant to the "Building Better Communities" 2004 bond program in the amount of $5 1 Million, and WHEREAS, the Village Council finds that acceptance of said assistance pursuant to the attached Agreement is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed Section 2. Agreement Approved That the Agreement between the Village of Key Biscayne, Flonda and Miami -Dade County, Flonda, in substantially the form attached hereto, is hereby approved, and the Village Manager is hereby authonzed to execute the Agreement, along with the insertion of pertinent provisions which describe the sanitary sewer component of the Project, once approved by the Village Attorney as to form and legal sufficiency _ Section 3 Implementation That the Village Manager is hereby authorized to take any and all action which is necessary to implement the Agreement and this resolution Section 4 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 13th day of June , 2006 71-occ2.0 coL. MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY F /103 001/Resolution/Approving Sanitary Sewer Components 5 31 06 2 RESOLUTION NO 2006-27 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE FLORIDA LEGISLATURE TO RATIFY THE PROPOSED EQUAL RIGHTS AMENDMENT TO THE UNITED STATES CONSTITUTION AND AUTHORIZING THE VILLAGE CLERK TO SEND CERTIFIED COPIES OF THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE, AND THE GOVERNOR OF FLORIDA WHEREAS, the Equal Rights Amendment was first introduced in Congress in 1923 and was filed every session thereafter from 1923 to 1972, and WHEREAS, on March 22, 1972, the proposed Amendment to the United States Constitution was sent to the States for ratification, and WHEREAS, the Equal Rights Amendment to the United States Constitution states "SECTION 1 Equality of nghts under the law shall not be denied or abndged by the United States or by any State on account of gender SECTION 2 The Congress shall have the power to enforce, by appropnate legislation, the provisions of this article SECTION 3 This amendment shall take effect two years after the date of ratification," and WHEREAS, Congress placed a deadline of June 30, 1982, on the ratification process and thirty-five states ratified the proposed Amendment before the deadline, and WHEREAS, Flonda was not one of the thirty-five states that ratified the Equal Rights Amendment before the deadline expired and WHEREAS, in 1998, Flonda voters, by a margin of 65 percent to 35 percent, approved a similar amendment to the Flonda Constitution when they approved Revision 9, which added and clarified that "all natural persons, female and male alike, are equal before the law," therefore clearly indicating that ratification of the Equal Rights Amendment would be fully consistent with the will of the majority of the voters in this state, and WHEREAS, Article V of the United States Constitution allows the Legislature of the State of Flonda to ratify this proposed Amendment to the United States Constitution, and bills have been filed in both the Florida House and Senate to ratify the proposed Amendment, and WHEREAS, the Village Council of the Village of Key Biscayne, Flonda find that the proposed Amendment is meaningful and needed as part of the United States Constitution and that the present political, social, and economic conditions are the same or are even more pressing as when the proposed Amendment was first submitted for adoption NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Village Council of the Village of Key Biscayne hereby urge the Flonda Legislature to ratify the proposed Equal Rights Amendment to the United States Constitution Section 2 That the Village Clerk is hereby authonzed and directed to send certified copies of this Resolution to the President of the Flonda Senate, the Speaker of the Flonda House, and the Governor of Flonda PASSED AND ADOPTED this 13th day of June , 2006 (i-OCcta_614 (---: MAYOR ROBERT OLDAKOWSKI ag, HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC .94N VILLAGE ATTORNEY RESOLUTION NO 2006-28 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"), PROVIDING FOR RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE KEY BISCAYNE PROFESSIONAL FIREFIGHTER'S ASSOCIATION, LOCAL 3638, AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE, AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE COLLECTIVE BARGAINING AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne ("Village") desires to ratify the Collective Bargaining Agreement ("Agreement") between the Village and Key Biscayne Professional Firefighter's Association, Local 3638 ("Firefighter's Union"), (a copy of the Agreement is attached hereto as Exhibit "A"), and WHEREAS, the Village Council finds that ratification of the Agreement is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 The foregoing whereas clauses are true and correct and are incorporated herein by this reference Section 2 Ratification of the Agreement between the Village and the Firefighter's Union, in substantially the form attached hereto as Exhibit "A," is hereby authonzed and approved Section 3 The Village Manager is hereby authonzed to execute the Agreement on behalf of the Village Section 4 The Village Manager is authonzed to take all actions necessary to implement the Agreement and the purpose of this Resolution Section 5 This Resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 27th day of June, 2006 4.041AA.Ct L_. MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS 0 FORM AND LEGAL SUFFI VILLAGE • TTO AGREEMENT BETWEEN VILLAGE OF KEY BISCAYNE AND KEY BISCAYNE PROFESSIONAL FIREFIGHTER'S ASSOCIATION LOCAL 3638 OCTOBER 1, 2004 - SEPTEMBER 30, 2007 Agreement Between Key Biscayne & Professional Fire Fighters Association, Local 3638 2004-2007 TABLE OF CONTENTS ARTICLE 1 1 RECOGNITION CLAUSE 1 ARTICLE 2 2 MANAGEMENT RIGHTS 2 ARTICLE 3 3 NO STRIKES AND LOCKOUTS 3 ARTICLE 4 4 NON DISCRIMINATION CLAUSE 4 ARTICLE 5 5 UNION REPRESENTATIVES 5 ARTICLE 6 6 UNION BUSINESS 6 ARTICLE 7 8 DUES DEDUCTION 8 ARTICLE 8 9 INITIAL PROBATIONARY PERIOD 9 ARTICLE 9 10 DISCIPLINARY PROCEDURES 10 ARTICLE 10 12 GRIEVANCE PROCEDURE 12 ARTICLE 11 15 SENIORITY 15 ARTICLE 12 16 HOLIDAYS 16 ARTICLE 13 18 SICK LEAVE 18 ARTICLE 14 21 VACATION LEAVE 21 ARTICLE 15 23 LEAVES OF ABSENCE 23 ARTICLE 16 28 INTEGRITY OF THE FIRE DEPARTMENT 28 ARTICLE 17 29 SEVERABILITY 29 ARTICLE 18 30 1 Agreement Between Key Biscayne & Professional Fire Fighters Association, Local 3638 2004-2007 TABLE OF CONTENTS ON THE JOB INJURY 30 ARTICLE 19 31 HOURS OF WORK 31 ARTICLE 20 32 SHIFT EXCHANGE 32 ARTICLE 21 33 PERSONNEL ALLOCATION 33 ARTICLE 22 34 HEALTH AND LIFE INSURANCE COVERAGE 34 ARTICLE 23 35 VACANCIES AND PROMOTIONS 35 ARTICLE 24 37 PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 37 ARTICLE 25 42 MISCELLANEOUS PROVISIONS 42 ARTICLE 26 46 PROFESSIONAL ENHANCEMENT 46 ARTICLE 27 47 ENTIRE AGREEMENT 47 ARTICLE 28 48 SAFETY EQUIPMENT 48 ARTICLE 29 49 LAY OFF 49 ARTICLE 30 50 OVERTIME 50 ARTICLE 31 51 WORKING OUT OF CLASSIFICATION 51 ARTICLE 32 52 UNIFORMS AND MAINTENANCE ALLOWANCE 52 ARTICLE 33 54 RETIREE HEALTH SAVINGS PLAN 54 ARTICLE 34 55 PENSION 55 ARTICLE 35 56 SALARIES 56 11 Agreement Between Key, Biscayne & Professional Fire Fighters Association, Local 3638 2004-2007 TABLE OF CONTENTS ARTICLE 36 57 DRIVER ENGINEER 57 ARTICLE 37 59 EXECUTIVE ASSISTANT TO THE FIRE CHIEF 59 ARTICLE 38 61 DURATION OF AGREEMENT 61 EXHIBIT A 62 111 ARTICLE 1 RECOGNITION CLAUSE 1 1 The Village of Key Biscayne (hereinafter "Village and/or "Key Biscayne") hereby recognizes the Key Biscayne Professional Firefighter's Association, Local 3638, (hereinafter "Local 3638" and/or "the Union") as the sole and exclusive bargaining agent as to wages, hours and other terms and conditions of employment for the following bargaining unit as certified by the State of Florida Public Employees Relations Commission (PERC), Certification No 1491, and Order No 04E-200 Included Firefighters / Paramedics and Fire Lieutenants Excluded All other employees of the Village, including the Fire Chief, Deputy Fire Chief and Fire Captains 1 2 Any changes in the bargaining unit shall only be made upon proper application to PERC and/or an appropriate court of competent jurisdiction 1 ARTICLE 2 MANAGEMENT RIGHTS 2 1 It is understood and agreed that the Village possesses the sole nght to operate the Fire Department and that all management rights as specified in section 447 209 of the Florida Statutes are expressly reserved to the Village, but that such rights must be exercised consistent with the provisions of this Agreement These rights include, but are not limited to, the following discipline or discharge for just cause, direction and supervision of all personnel, the hiring, the assignment or transfer of employees, determination of the mission and objectives of the Fire Department, determination of the methods, means, and number of personnel needed to carry out the Fire Department's missions and objectives, introduction of new or improved methods or facilities, and scheduling of operation and shifts 2 ARTICLE 3 NO STRIKES AND LOCKOUTS 3 1 Local 3638, agrees that the Union will not engage in a "Strike" against the Village as defined in section 447 203(6) of the Florida Statutes "Strike" means the concerted failure of employees to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work by employees, the concerted submission of resignations by employees, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with the Village for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, pnvileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the Village, the concerted failure of employees to report for work after the expiration of a collective bargaining agreement, and picketing in furtherance of a work stoppage The term "Stnke" shall also mean any overt preparation, including, but not limited to, the establishment of stnke funds with regard to the above - listed activities 3 2 No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a Strike Any violations of this section shall subject the violator to the penalties provided in Chapter 447 of the Florida Statutes The Village agrees that it will not "lockout" the employees from the workplace Any violations of this Article will allow either party to seek injunctive relief from the appropriate court 3 ARTICLE 4 NON-DISCRIMINATION CLAUSE 4 1 It is the policy of the Village that all employees have the right to work in an environment free of discrimination and any form of harassment based on race, color, religion, ancestry, pregnancy, national ongin, age, disability, marital status, familial status, sexual orientation, union activity, union affiliation, or union membership 4 2 All references in this Agreement to employees are gender neutral 4 3 An employee aggrieved by a violation of this Article may use the grievance and arbitration provisions of this Agreement Should the employee elect to process such complaint through another agency, the grievance process shall not be available 4 ARTICLE 5 UNION REPRESENTATIVES 5 1 A hst of Union representatives will be disclosed to the Fire Chief in writing annually and at any time a change in Union representatives occurs This list shall include any representatives of the Union who are not employees of the Village 5 2 The Union will designate two (2) members as the Union representatives on each shift, who are employees of the Village and who will act in the capacity of designated Union representatives The Union shall be permitted to designate two (2) additional representatives, who are not employees of the Village as additional Union representatives which shall not include legal counsel 5 3 Representatives of the Union may be allowed to meet with individual employees on Village property during working hours to carry on normal business of the Union, if the Fire Chief has pnor knowledge of such activity and such visitation does not interfere with efficient operations 5 ARTICLE 6 UNION BUSINESS 6 1 The Union is hereby authonzed to establish a time pool bank utilizing voluntary time contributions from its members subject to the provisions of this Article 6 2 For each bargaining unit member, who is authonzed to use time from the time pool, the Union Executive Board shall fill out the appropriate form as provided by the Village This form shall be processed through channels of the bargaining unit member who is to use the pool time 6 3 Bargaining unit members shall be released from duty on pool time only if the needs of the service permit, but such release shall not be unreasonably denied If because of the needs of the service, a bargaining unit member cannot be released at the time desired, the Union may request an alternate bargaining unit member be released from duty during the desired time 6 4 The four (4) members of the Union negotiating team shall be allowed to participate in labor contract negotiation sessions while on duty with no loss of pay or emoluments, so long as the level of service remains intact Any changes to either negotiating team shall be done in writing 6 5 If the needs of the service permit, union representatives will be allowed a reasonable period of leave without a loss in pay to conduct the representation of bargaining unit members, including attendance at Village Council meetings, but such release shall not be unreasonably denied If because of the needs of the service, a Union representative 6 cannot be released at the time desired, the Union may request an alternate representative be released from duty during the desired time ARTICLE 7 DUES DEDUCTION 7 1 Effective immediately upon receipt of a wntten authorization form from an employee, the Village agrees, at no cost to the employee or Union, to deduct regular union dues of such employee from his paycheck and remit such deductions to the duly elected Treasurer of the Union within ten (10) working days from the date of the deduction The Union will notify the Village in wnting prior to any change in the regular union dues structure 7 2 An employee may, at any time, on forms provided by the Union, revoke his union dues and deduction and shall submit such revocation form to the Village with a copy of such revocation form to the Union The Village shall only stop union dues deductions on the first pay penod m each calendar month 8 ARTICLE 8 INITIAL PROBATIONARY PERIOD 8 1 Probation, for the purpose of performance evaluations and wages, shall be eighteen (18) months from the date of hire A probationary employee may be discharged for any reason during his/her probationary period At the discretion of the Fire Chief, an employee's initial probationary period may be reduced to thirteen (13) months 8 2 Accumulation of sick time will be cumulative from the first day of employment and the employee may use these days with the submission of a valid doctor's certification 8 3 Vacation days will be accumulated from the date of employment, however, the probationary employee may not use vacation leave until he/she has completed a minimum of one (1) year of service, or in the event of an extraordinary circumstance, the Fire Chief may, at his discretion, allow up to forty eight (48) hours vacation leave 9 ARTICLE 9 DISCIPLINARY PROCEDURES 9 1 Non -probationary employees will only be disciplined or discharged for just cause in a progressive manner, except in cases of gross misconduct which may result in immediate discharge In each case a written statement indicating the preferred charges and the reasons for such action shall be presented to the employee being disciplined Disciplinary and discharge matters shall be subject to the grievance procedures, including binding arbitration 9 2 Disciplinary actions taken will be fair and consistent with other such actions taken by the Department under similar circumstances, utilizing the Rules and Regulations of the Fire Department 9 3 During the term of this Agreement, all complaints, reprimands, or other records of disciplinary action against each employee which are reduced to writing and placed in the employee's personnel file, shall be duplicated and a copy sent to the employee The employee shall have the nght to enter a response to the disciplinary action into their personnel file Failure to conform to the provisions of this article shall render the discipline/discharge null and void 9 4 In disciplinary cases involving the possibility of a discharge, suspension or reduction in rank, a pre -determination meeting before the Village Manager shall be held to review the charges prior to the imposition of such discipline or discharge At least 5 (five) days prior to the date of the meeting, the employee and the Union shall be notified in writing of the charges, time, date and place of the meeting The employee shall have the right to 10 be accompanied and represented by a Umon representative and/or legal counsel 95 After a period of three (3) years without any disciplinary action, the employees' personnel file shall be purged of all references to pnor disciplinary actions or repnmands 11 ARTICLE 10 GRIEVANCE PROCEDURE 10 1 This gnevance procedure is for a mutually agreed upon method of resolving any dissatisfaction from an employee or group of employees that the person or group feels needs attention or adjustment 10 2 An employee may file a grievance to address a senous concern, dissatisfaction, complaint or alleged wrong as directly related to the labor agreement between the parties 10 3 Grievance Procedure Step 1 The gnevant shall within four (4) working days, (by the end of the next on duty shift for employees on a 48 -hour work week) of the incident, discuss and explain his/her complaint or grievance orally with his/her immediate supervisor, who may call higher level supervision into the discussion in an effort to achieve a prompt satisfactory adjustment The immediate supervisor will make a decision and notify the gnevant within five (5) working days (two shifts for 48 hour employees) after the discussion with the employee The supervisor will immediately make his/her immediate supervisor aware of the grievance In cases where the grievance involves the immediate supervisor, the grievant shall instead call on his/her supervisor's immediate supervisor Step 2 If the gnevant feels the matter has not been settled or adjusted to his/her satisfaction by the immediate supervisor, he/she may submit the matter in writing to the Fire Chief or his designee, following Step 2 instructions, within three working days (one 12 shift for 48 hour employees) of receiving a response from Step 1 The written grievance must contain the specific information being grieved • A statement of the dissatisfaction, complaint, or alleged wrong and the specific facts upon which it is based • The allegation of the specific complaint, and the harm done or that will be done because of such action • A statement of the adjustment or remedy being sought The Fire Chief or his designee will schedule a meeting with the employee within five (5) working days (two shifts for 48 -hour employees) after receiving the grievance If the matter is not resolved at this meeting, the Fire Chief or his designee shall give his written answer within ten (10) working days after the scheduled meeting The meeting will be limited to the individual employee, a union representative, and the Fire Chief or his designee Step 3 If the grievance is not resolved to the employee's satisfaction by the decision of the Fire Chief or his designee, he/she may appeal in writing to the Village Manager or his/her designee within three working days (one shift for 48 hour employees) The Village Manager shall schedule a meeting with the grievant and others, within ten (10) working days and render his/her decision in writing within fifteen (15) working days thereafter Step 4 If the grievance is not resolved to the employee's satisfaction by the Village Manager, he/she may request a review by an impartial arbitrator no later than twenty-one (21) calendar days after the response is due in Step 3 of the Grievance Procedure The 13 involved parties will attempt to mutually agree upon an independent arbitrator If the parties fail to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by the Union for a panel of seven (7) arbitrators to be submitted for the selection of a single arbitrator by the parties The selection process should take no more than fifteen (15) calendar days after the list is received by both parties The selection of an arbitrator off the list shall be done by the "striking" method with the parties agreeing amongst themselves who will strike first After this is done, the arbitrator shall confine his/her decision to the particular matter thus specified and will have no jurisdiction beyond that When the parties are unable to agree, the arbitrator shall decide the issue or issues to be arbitrated Each party shall bear the expense of its own witnesses, representatives and transcripts The parties shall bear equally the expense of the impartial arbitrator Copies of the award of the arbitration shall be furnished to both parties within thirty (30) calendar days of the heanng insofar as is practicable and shall be final and binding on both parties Failure on the part of the Immediate Supervisor, Fire Chief, or Village Manager, to answer within the time limit provided in any step will enable the grievant to advance the grievance to the next step 14 ARTICLE 11 SENIORITY 11 1 Seniority shall be defined as the length of employment within the Fire Department Departmental sernonty shall accrue as of the first day of employment or transfer into the Fire Department The Village agrees to continue recognizing dual employment seniority (i e pnor Village employment in a different capacity than that of any bargaining unit position as hsted in Article 1) within the Village for purposes of longevity pay only 11 2 Fire Depaitiiient seniority shall accumulate during absences because of illness, injury, vacation or other authorized leave 11 3 Fire Department senionty shall be broken when an employee voluntarily terminates, is discharged for cause or is the recipient of disciplinary action resulting in a no -pay status for a penod of longer than twenty-four (24) hours 11 4 The Village shall post a Fire Department seniority hst in the Fire Station dunng the month of October of each year 11 5 Any ties in seniority shall be broken in accordance with Fire Department pohcy m effect at the time of the signing of this Agreement 15 ARTICLE 12 HOLIDAYS 12 1 All employees, including probationary employees, shall enjoy the following eleven (11) set holidays per year • New Year's Day (January 1st) • Martin Luther King's Birthday (Third Monday of January) • President's Day (Third Monday of February) • Memorial Day (Last Monday of May) • Independence Day (July 4th) • Labor Day (First Monday of September) • Columbus Day (Whenever designated) • Veteran's Day (November 1 lth) • Thanksgiving Day (Whenever designated) • The Fnday Following Thanksgiving • Christmas Day (December 25th) 12 2 Holidays occumng on a Saturday shall be observed on the previous Fnday Holidays occurring on a Sunday shall be observed on the following Monday Holidays must be taken as they occur and are not to be accumulated unless approved by the Chief of the Fire Department 12 3 In order to receive pay for an observed Holiday, an employee must work the scheduled shift before and after the holiday or be on approved paid leave, such as vacation leave, compensatory time, floating holiday, or "R" day, to earn holiday pay Holiday pay shall be paid to employees that are on sick leave either before, on, or after a holiday if no 16 overtime was needed as a result of sick leave 12 4 It is agreed and understood that premium pay for work performed on a holiday shall be calculated as one-half of the actual time worked An employee who works an eight (8) hour shift on which the holiday occurs, shall receive four (4) additional hours as premium pay, an employee who works a sixteen (16) hour shift on a given holiday shall receive eight (8) additional hours as premium pay, and all employees whether they are off or on - duty on the day on which the holiday occurs, shall receive eight (8) hours for the holiday 17 ARTICLE 13 SICK LEAVE 13 1 Sick leave is earned from the date of employment as a full-time employee 13 2 Sick leave shall not be granted in advance of the leave entitlement actually being accrued 13 3 Sick leave is to be only utilized for valid personal illness or medical treatments, unless otherwise specified herein 13 4 Each full-time employee assigned to work a forty (40) hour work week shall accrue one (1) day of sick leave for each month worked (8 hours) 13 5 Each full-time employee assigned to work a forty-eight (48) hour work week shall accrue one-half a shift per month (12 hours) 13 6 In order to be granted sick leave with pay, an employee must meet the following conditions (a) In the event the employee is seeking to utilize sick leave they shall notify the on - duty shift commander (b) In the event an employee is aware in advance that sick leave usage is needed, it shall be the duty of the employee to notify, in writing, the Chief of the Fire Department or his designee as far in advance as is practicable of the anticipated time and duration of the anticipated sick leave usage, the reason for requesting such sick leave and medical certification that the employee will be unable to perform his/her normal work function Employees will be required to begin using 18 sick leave on the date after which their doctor certifies that they are medically unable to perform their normal duties An employee on sick leave is required to notify the Chief of the Fire Department or his/her designee at the earliest possible time of the anticipated length of absence and of the day he/she is able to resume his/her normal duties (c) Permit such medical examination, official visit or inquiry which the Village of Key Biscayne Fire Department deems desirable (d) File a written request for such sick leave usage on the form and in the manner prescribed and if the sick leave usage was unforeseen, immediately upon his/her return to work (e) Fire Department employees who are absent for more than two (2) shifts, with the exclusion of contiguous vacation and/or "R" days, will be required, when requested by the Fire Chief or his designated representative, to submit a medical certificate, signed by a physician stating the kind and nature of the sickness or injury, that the employee has been incapacitated for work for the penod of absence and that he is again physically able to perform his duties (f) Evidence of abuse of sick leave shall constitute grounds for disciplinary action, up to and including dismissal, as recommended by the Chief of the Fire Department 13 7 Sick leave may be accumulated up to a maximum of four hundred and eighty (480) hours Employees who have presently exceeded the four hundred and eighty (480) hour accumulation will, upon the execution date of this Agreement, have their accumulation capped and any excess sick leave time will be governed by Section 33 2 of this Agreement Future sick leave accumulation for these individuals who exceed the aforementioned cap will be governed by Section 33 3 of this contract 19 13 8 Upon separation of employment from the Village of Key Biscayne Fire Department, an employee's accumulated sick leave may be placed in the Retiree Health Savings Plan as provided for herein under Article 33 at a rate of ten (10%) percent per year up to a maximum of one hundred (100%) percent after ten (10) years of service, or paid to the employee or his/her designated beneficiary at the current hourly rate of the employee at the time of the separation from employment 20 ARTICLE 14 VACATION LEAVE 14 1 Each full-time Village of Key Biscayne Fire Department employee will accumulate annual vacation leave at the following hourly rates, based upon their individual years of service to the Village (a) Between zero (0) and three (3) years of employment — 96 hours, (b) After three (3) years of employment — 144 hours, (c) After seven (7) years of employment — 192 hours 14 2 Vacation leave will be calculated and accrued from the date of established full-time employment with the Village of Key Biscayne Fire Department 14 3 Vacation leave shall be scheduled and charged to the employee for actual time away from work and may be charged in hourly increments 14 4 Vacation leave may be used to supplement sick leave due to sickness or injury only after the sick leave has been fully exhausted and approval is sought and granted by the Chief of the Fire Department 14 5 The Fire Chief or his designee will arrange vacation leave schedules based upon semonty in rank and reallocate remaining duties on such a basis as to cause minimum interference with the normal functions and operations of the Fire Department 14 6 Vacation leave may be taken only after approval by the Fire Chief or his designated representative Fire Department employees shall be encouraged to take at least four (4) 21 tours of duty of vacation leave per calendar year Requests for vacation leave shall be submitted to the Office of the Fire Chief in wasting through the appropriate supervisory chain of command 14 7 Vacation leave may be used only as earned and vacation leave, with pay, shall not be allowed in advance of being earned 22 ARTICLE 15 LEAVES OF ABSENCE 15 1 Personal Days Following the completion of one (1) full year of service, a Village of Key Biscayne Fire Depaitnient employee will be entitled to three (3) personal days based upon the following terms and conditions (a) Personal days shall only be granted upon approval and at the discretion of the Fire Chief or his designated representative (b) No payment will be made upon separation from Village service for any unused personal days (c) The personal days are not cumulative and no carry-over from year to year of this leave will be permitted (d) For those employees working a forty-eight (48) hour workweek, one day is the equivalent to twelve (12) hours or one-half of a shift and for an employee working a forty (40) hour workweek, a day of personal leave equals one (1) work day 15 2 Annual Birthday Leave Day Each employee is entitled to one (1) birthday leave day per calendar year This birthday leave day equates to twelve (12) hours or one-half of one (1) shift for employees assigned a forty-eight (48) hour workweek or one (1) work day for those employees on a forty (40) hour workweek This annual birthday leave day cannot be carried over from year to year and is not to be paid upon separation from employment 15 3 Compensatory Leave 15 3 1 The decision to accept compensatory time in heu of earned overtime pay 23 will be requested by the employee with the approval of the Fire Chief not to exceed a maximum of two hundred and forty (240) hours of accrued compensatory time as established by the Village Manager 15 3 2 The Village reserves the rights, under the Fair Labor Standards Act to insist upon cash compensation for overtime worked and not offer the choice of compensatory time to its employees However, it is understood the Village may not insist that an employee take compensatory time off in lieu of paid overtime 15 3 3 Compensatory time accumulations in lieu of overtime payments must be in the form of a written agreement between the requesting employees and the Fire Chief or his designated representative The wntten agreement must be reached pnor to the performance of the actual overtime hours worked 15 4 Family and Medical Leave Act of 1993 The Village of Key Biscayne fully adopts the Family Medical Leave Act of 1993 in its entirety for all Fire Department personnel 15 5 Jury Duty 15 5 1 Any employee covered by this contract, who is legally summoned to serve on a jury, shall be granted time off without loss of straight time pay for reporting to jury duty upon presentation to their supervisor of satisfactory evidence relating to jury duty Fees paid by the court shall be turned over to the Village excluding meals, parking and transportation costs Upon receipt of a check from the court, an employee shall endorse the check to the Village and deliver the check to the Village's Finance Department 15 5 2 When excused and/or released from such jury service, the employee shall report for his regular employment If the employee is selected to be involved as a juror in a lengthy trial which exceeds a two (2) week period, he/she shall so notify his/her 24 immediate supervisor so proper coverage can be arranged 15 6 Bereavement Leave 15 6 1 The Village agrees that when a death occurs in the immediate family of an employee, that employee will be granted up to two (2) shifts off for employees assigned a forty eight (48) hour work week as bereavement leave without loss of pay or benefits or one (1) week for forty (40) hour workweek employees 15 6 2 The immediately family as cited above shall be defined as an employee's spouse, parents, children, registered domestic partner, siblings of either the employee or the spouse, grandparents and parents, sisters and brothers-in-law related through marriage 15 6 3 Unpaid bereavement leave extensions may only be granted by the Chief of the Department or his designated representative under special circumstances 15 6 4 Proof of death may be requested in order for bereavement leave eligibility to become effectuated 15 7 Military Leave 15 7 1 Any Fire Department employee who presents official orders requiring his attendance for a penod of training or other active duty as a member of the United States Armed Forces or the State of Flonda National Guard may be entitled to military leave for a period not to exceed seventeen (17) calendar days annually In the event of reinstatement or revision of the Federal Draft System, up to twenty-five (25) months active service duty will be allowed An employee receiving seventeen (17) calendar days training period pay shall receive regular pay less the amount received from the Federal or State government 25 15 7 2 After seventeen (17) days of military leave have been used in a calendar year, any additional military leave will be on a leave without pay basis The individual Guard member employee should (a) Immediately upon acquiring National Guard membership or upon employment, if already a National Guard member, the individual should discuss with the Fire Chief or his designated representative, his National Guard status and requirements and assure the Fire Chief or his designated representative, that he will keep him informed of required training dates and that he will work with the Fire Department to the extent possible to overcome any serious or unusual conflicts which may occur (b) Immediately upon receiving firm training dates (Inactive Duty, Annual Training, or other FTTD or AD) advise the Fire Chief or his designated representative, of the dates and duration of each penod without regard to whether the dates would conflict with his normal work schedule This will insure that the Fire Chief or his designated representative has knowledge of all dates and will permit him to take this requirement into consideration if it is necessary to change work schedule or require overtime work Any changes in previously scheduled dates must be immediately called to the Fire Chief or his designated representative 15 8 Leave of Absence without Pay 15 8 1 A regular Fire Department employee may be granted leave of absence without pay for sickness, disability or other good and sufficient reasons which are considered to be in the best interest of the Village and the employee 15 8 2 The Fire Chief or his designated representative may authorize up to thirty 26 (30) calendar days leave without pay to an employee 15 8 3 The Village Manager may authorize additional leave without pay for up to one (1) year 15 8 4 Fire Department employees on leave without pay may not work for another employer dunng their leave unless such employment is part of the purpose of the leave For example, internships as part of an education program The determination of appropriate employment while on leave without pay shall rest solely with the Village Manager 15 8 5 In the case of a request for an unpaid leave of absence due to a prolonged illness or disability due to injury, such request must be accompanied by a physician's certificate identifying the illness or injury, explaining why the leave is needed, estimating how long the illness or disability due to injury will continue and will follow the regulation dealing with Family and Medical Leave provisions 15 8 6 A Fire Department employee on an unpaid leave of absence shall, if he/she so desires, be permitted to make his own and the Village's regular contributions to the insurance benefits 27 ARTICLE 16 INTEGRITY OF THE FIRE DEPARTMENT 16 1 Should the Village decide to contract out, transfer, merge or consolidate the services presently performed by the Fire Department, all rights and benefits guaranteed under this contract for bargaining personnel shall be continued for the term of this Agreement 16 2 Should the Village decide to contract out, transfer, merge or consolidate such services, the Village shall notify the Union in writmg at least forty-five (45) days before the Village's decision becomes final Within twenty (20) days from the receipt of the Village's notice, the Union may seek to bargain the impact of the Village's decision to contract out, transfer, merge or consolidate such services by making a wntten demand upon the Village Should the Union demand impact bargaining, the parties shall within fifteen (15) days from the Village's receipt of the Union's demand, commence good faith impact bargaining For purposes of this Article, impact bargaining shall include alternatives to the Village's proposed contracting out, transfemng, merging or consolidating of services 28 ARTICLE 17 SEVERABILITY 17 1 Should any final decision of any Court of competent jurisdiction or administrative agency or any federal, state or local legislation affect any practice or provision of this Agreement, only the practices or provisions so affected shall become null and void, otherwise all other provisions or practices under this Agreement shall remain in full force and effect 29 ARTICLE 18 ON THE JOB INJURY 18 1 All cases of injury occurring on the job shall be filed for action under the provisions of the Workers' Compensation Law Full-time employees with the Village of Key Biscayne Fire Department shall be entitled to receive their regular salary from the first day of injury The Village pays the difference between the Workers' Compensation check and his/her regular salary This will continue for a period which shall be determined by a review and recommendation of the Chief of the Fire Department and approval by the Village Manager, after consideration of a competent medical doctor's recommendation The Village is eligible to have an independent medical evaluation done on the injured employee at its own expense The injured employee must comply with any such management request for an independent medical evaluation Nothing in this Article shall preclude an employee from having his/her own medical evaluation done at his/her own expense 18 2 In determining on-the-job injury, the Village and the Union agree to all provisions of Section 112 18 of the Flonda Statutes in effect at the time of the signing of this Agreement Compensated time off will continue to accrue during the period of disability due to on-the-job injury 18 3 The Village may dismiss for just cause any employee found to be fraudulently claiming workers' compensation benefits under the applicable state laws 30 ARTICLE 19 HOURS OF WORK 19 1 The work week for 24 -hour shift employees shall be as follows 24 hours on duty, 48 hours off duty The beginning and ending hours shall be 0730 to 0730 A day off, known as an "R" day, shall be granted once every seven (7) scheduled tours This schedule will result in a 48 -hour work week Any changes in this schedule shall be subject to negotiations between the parties 19 2 An "R" day shall be defined as a resulting day off as scheduled by the Fire Chief or his designee and must be taken on the day so designated An employee may not have the choice to substitute any other official accumulated time or any official time as provided by the Village of Key Biscayne unless approved by the Fire Chief or Deputy Chief 19 3 An employee may be assigned to work other than the 24/48 -hour shift when mutually agreed upon by the Department Head and employee 19 4 Hours of work shall not exceed forty-eight (48) continuous hours, including the employee's regular shift 19 5 There shall be a minimum of twelve (12) hours recovery time between shifts before reporting back to work Exceptions to this may be made by either the Fire Chief or his designated representative 31 ARTICLE 20 SHIFT EXCHANGE 20 1 Employees shall have the right to exchange shifts only under the following circumstances (a) Employees may exchange time but in no event will an exchange of time result in the employee working in excess of two (2) consecutive tours of duty (b) Trading of time may be done voluntarily by the employees (c) The Village will not incur any overtime obligations as a result of a voluntary shift change, and (d) The Village will incur no liability for purposes of administenng these voluntary shift exchanges 32 ARTICLE 21 PERSONNEL ALLOCATION 21 1 The Village agrees to provide minimum safe staffing for firefighting apparatus in active service Each apparatus as defined below will be staffed with a minimum of one officer In order to provide a minimum level of safety to personnel in the bargaining unit, apparatus in service shall be staffed with no less than (a) Four (4) persons per aerial unit, (b) Four (4) persons per quint unit, (c) Four (4) persons per pumper unit, (d) Three (3) persons per rescue unit, and (e) Two (2) persons per squad unit* * Two persons per squad truck may only be used for third EMS calls or third non - suppression calls 21 2 If, in the future, new types of apparatus are placed in service that are not covered above, the Village and the Union will meet to negotiate a minimum staffing level for the new types of apparatus If agreement is not reached within thirty (30) days, the dispute shall be submitted to arbitration consistent with the grievance procedure contained herein 21 3 The Department shall maintain a minimum of eleven (11) uniformed personnel assigned per shift 33 ARTICLE 22 HEALTH AND LIFE INSURANCE COVERAGE 22 1 Effective upon the ratification of this Agreement, the Village of Key Biscayne, for the remaining life of this Agreement, will provide fully paid health insurance coverage for employees of the Fire Department regardless of their election of individual coverage, individual plus one coverage or family coverage The Village will also continue to pay for the life insurance coverage of each member of the bargaining unit in the amount of two (2) times their base salary 22 2 Employees may purchase supplemental insurance coverage beyond that which is provided by the Village, at their own expense Examples of such supplemental insurance are life, dental, optical and cafetena type insurance plans 22 3 Employees must participate in the Village health insurance program 34 ARTICLE 23 VACANCIES AND PROMOTIONS 23 1 When a classified permanent promotional vacancy occurs in any position, it shall be filled within a reasonable period of time after the official severance of the vacating Fire Depaitiiient member 23 2 All vacancies shall be filled from the promotional register in effect at the time the vacancy occurs If a promotional register is not in effect, vacancies will be filled from the next promotional register 23 3 Promotions will be to the effective date of vacancy for the classified position For pay purposes, if the Village fails to promote within thirty (30) calendar days from the effective date of the vacancy, retroactive pay and semonty to the promoted individual shall be paid beginning thirty-one (31) days from the effective date of the vacancy 23 4 This provision shall not apply when a freeze is declared by the Village Council or the position is abohshed Once a freeze is lifted, vacancies shall be filled as outlined above 23 5 The Fire Department Book Review Committee will be made up of the Deputy Fire Chief, one (1) Fire Captain assigned to a twenty-four (24) hour shift, one (1) Fire Lieutenant assigned to a twenty-four (24) hour shift, an Executive Assistant to the Fire Chief assigned to a forty (40) hour work week, and a representative selected by the bargaining unit who is a member of the Village Fire Depaitinent The Book Review Committee shall meet and discuss the books, matenals, scoring procedures, weights of books, etc to be used in the promotional examination for Lieutenants Testing, both wntten and behavioral 35 assessments shall be based upon written materials (e g books, SOG's, etc) identified to the test candidates 23 6 All promotional registers for Lieutenants shall remain in effect for a period of two (2) years from the date the register becomes effective, unless the register is exhausted 23 7 In the event of a tie on the promotional register, an employee's seniority date shall be used for ranking purposes 23 8 The study materials adopted by the Fire Department Book Review Committee will be posted no less than ninety (90) days prior to the actual examination 36 ARTICLE 24 PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 24 1 The Village of Key Biscayne, Flonda, staves to provide a safe, healthful and productive work environment for its employees and adopts a zero tolerance for substance and alcohol abuse in the workplace 24 2 The Village, as part of its medical examination process during pre -employment physicals, during a fitness for duty examination of an employee who is experiencing job performance problems, after the occurrence of a preventable accident and dunng the annual physical examinations schedule as specified below, will require the employee to submit to substance and alcohol abuse testing 24 3 The Village's physical examination schedule for its firefighters is as follows (a) Employees under thirty (30) years of age — Every three (3) years (b) Employees between thirty (30) and thirty -rune (39) years of age — Every two (2) years (c) Employees forty (40) years of age or older — Annually A baseline Thallium Stress Test shall be part of each physical examination 24 4 The Village reserves the right to randomly perform substance abuse and alcohol abuse testing on any probationary member of the bargaining unit regardless of rank, employees with less than one hundred forty four (144) hours of total accumulated sick time, employees utilizing sick time more than three (3) times in a twelve (12) month period, any employee using sick leave contiguous to the use of other leave entitlements including "R" days more than twice in a twelve (12) month penod, and when a Department 37 supervisor reasonably suspects an employee to be under the influence of an illicit narcotic substance or alcohol in the workplace 24 5 The following cutoff concentrations shall be applicable for determining whether specimens are negative or positive for the following drugs or classes of drugs for the testing procedure A positive result shall be a concentration in excess of those limited below Initial Test Level (ng/mL) Marijuana (Cannabznozds) 50 Cocaine 100 Opiates (Heroin, Morphine Codeine) 300 Phencyclzclzne (PCP) 25 Amphetamines 500 Methaqualone 100 Methadone 300 Propoxyphene 300 Tricyclic Antidepressants 300 Barbiturates 300 Alcohol (Ethanol) 0 02 g% 24 6 Analysis of specimens will be performed only by laboratones licensed or certified by the State of Florida, Agency for Health Care Administration (AHCA) or the Federal Substance Abuse and Mental Health Services Administration (SAMHSA), utilizing qualified sites and employing collectors trained to follow authorized collection protocols and properly maintain legal specimen chain -of -custody 24 7 A Certified Medical Review Officer (MRO) shall review all negative and confirmed positive laboratory reports Confirmed positive results shall only be reported to the Village after the MRO has ascertained that personal prescriptions or other legal substances do not account for the laboratory findings Investigations may include, as 38 appropnate, telephone contact with the employee and any prescribing physicians Employees may consult the Village appointed Medical Review Officer concerning drugs and/or drug groups that may be tested for under this policy 24 8 All positive initial tests shall be confirmed using gas chromatography/mass spectrometry (GC/MS) or an equivalent or more accurate scientifically accepted method A confirmed positive testing employee will be given a Notice of Positive Drug Test Result letter containing both, the laboratory and Medical Review Officer's telephone numbers as well as pertinent information concerning the drug test result challenge/ appeal process Within five (5) working days of receiving wntten notice of a confirmed positive test result which has been verified, employees may submit to the Village and/or Medical Review Officer explaining or contesting the test results If the Village disagrees with the employee's position, within fifteen (15) days of receipt of a formal challenge of test results, the Village will respond If the employee wishes to maintain the challenge, within thirty (30) days of receipt of the Village's written response, the employee may appeal to a Court of competent junsdiction and/or a Judge of Compensation Claims (if a workplace injury has occurred) Upon initiating a challenge, it shall also be the employee's responsibility to notify the testing laboratory which must retain the specimen until the case is settled 24 9 All information, including interviews, reports, statements, memoranda, and drug test results, written or otherwise, received by the Village, drug testing laboratories, Medical Review Officer, Employee Assistance Program drug and alcohol rehabilitation providers, and their agents who receive or have access to information concerning drug test results onginating from testing performed in conjunction with this Policy, is to be treated as 39 confidential Such information may not be used or received in evidence, obtained in discovery, or disclosed in any public or pnvate proceedings unless release, including consultation with legal counsel, is required to defend related civil or administrative matters such as determining, compensability under Chapter 440, Flonda Statutes, or unless such release is compelled by a hearing officer or court of competent jurisdiction pursuant to an appeal taken under this section, or unless deemed appropriate by a professional or occupational licensing board in a related discharge proceeding Release of such information under any circumstances other than as set forth herein above, shall be pursuant to a written consent form signed voluntarily by the person tested Information on drug test results shall not be released or used in any cnminal proceeding against the employee or job applicant and if released contrary to this section, the information shall be inadmissible as evidence in any such cnminal proceeding 24 10 Nothing in this Zero Tolerance Substance and Alcohol Abuse Policy is intended to prohibit the prescnbed use of legally obtamed medications which may contain controlled substances within the Drugs or Drug Groups tested for in this pohcy Because of potentially impainng side -effects which could endanger the employee, coworkers, or the public, upon being prescnbed such medications all employees have a duty to contact the Medical Review Officer before they report to work The Medical Review Officer will determine which duties (if any) the employee may perform while taking the impairing or potentially impairing medication(s) and will so notify the Fire Chief or his designee If the contents or impainng effects of prescribed or over-the-counter medications are not known, a current listing of tested for drugs/drug groups detailed by brand or common names will be given to each employee and also posted by the Village 40 2411 Employees may contact the Village's Medical Review Officer to ask questions concerning prescnbed medications they are taking for clarification purposes involving fitness for duty assessments 24 12 To discourage the use and/or distribution of illegal drugs or alcoholic beverages in the workplace, upon reasonable suspicion, searches for alcohol drugs or paraphernalia may be conducted on the Village's property or worksites of areas accessible to employees, including, but not limited to Village owned vehicles, equipment tool boxes, lockers, desks, etc Discovered illegal items will be referred to law enforcement for disposition 24 13 Disciplinary consequences for violating this Zero Tolerance Substance And Alcohol Abuse Pohcy is the immediate discharge of the employee for just cause, and the potential denial of Unemployment Compensation as specified at Sections 440 101 and 440 102 of the Flonda Statutes An employee injured and subsequently confirmed positive for drug or alcohol abuse based upon post -accident testing may likewise be terminated from employment and may lose Workers' Compensation benefits 24 14 Any decision made or action taken which adversely affects the employee under this Article is subject to the grievance and arbitration procedure of this contract 41 ARTICLE 25 MISCELLANEOUS PROVISIONS 25 1 Firefighters' Bill of Rights Both parties agree to follow Sections 112 80-112 84 of the Flonda Statutes, entitled "Firefighters' Bill of Rights " 25 2 No Smoking Policy In accordance with Section 633 34(6) of the Florida Statutes, a Village Firefighter must be a non -user of tobacco or tobacco products as a condition of his/her employment with the Village Fire Department, both dunng on and off -duty hours 25 3 Off -Duty Employment No employee may participate in any off -duty employment which poses a conflict of mterest between his/her pnvate interests and his/her public duties as determined by the Village Off -duty employment which would allow an employee to gain a special pnvilege, benefit, or exemption for himself, herself or others, employment which violates any federal or state law or which would impede the full and faithful discharge of his/her public duties is prohibited Each employee will act with integrity and prudence to protect the good will and reputation of the Village Fire Department 25 4 Loss of Equipment A bargaining unit member shall reimburse the Village for the repair or replacement cost of lost, stolen, or damaged Village equipment when the Village demonstrates beyond a reasonable doubt that the employee's careless and/or negligent act(s) or behavior caused the loss, theft or damage 25 5 Bulletin Boards The Village shall furnish a space for bulletin boards for the purpose of pre -approved Union notices Notices shall be approved by the Fire Chief or his 42 designated representative 25 6 Village Meetings An electronic copy of the agenda of the Regular and Special Village Council Meetings will be sent via electronic mail to the President of Local 3638, International Association of Firefighters one (1) day prior to the Village meeting Any additional matenals, changes to the agenda, etc , shall be made available at the meeting to the Union President or his/her Designee 25 7 Training Outside framing exercises shall not be conducted when the ambient temperature at the training site is above one hundred degrees (100°) Fahrenheit or the heat index at or above one hundred and five degrees (105°) Fahrenheit or dunng recognizably hazardous weather conditions If on -duty personnel are involved in night- time training, down time after 1300 hours will be arranged by the on -duty shift officers 25 8 Personal Liability Protection The Village of Key Biscayne agrees to purchase and maintain continuous coverage of insurance up to the hmit of its personal liability protection for each employee covered by this Agreement for personal liability ansing out of any act or omission of act in the course of employment unless the employee acted in bad faith, with malice or with wanton and willful disregard of human rights, safety and property 25 9 Line of Duty Death Any full-time bargaining unit member who is killed while in the performance of his or her official duties or who subsequently dies from injunes within twelve (12) months of the incident from his or her injuries shall be given an immediate promotion to the next highest rank at the same salary step they were in at the time of their 43 death Leave balances will be paid off at the hourly rate of the newly promoted rank 25 10 Voting Members shall be allowed up to two (2) hours of time off with pay to vote in local, state and national elections, if an election falls dunng an employee's regular shift assignment An employee who wants to be compensated for time pursuant to this provision must notify his/her supervisor of his or her intent to vote prior to the intended voting date Employees understand they have the option to vote by absentee ballot and may do so at their discretion to avoid any conflict with their assigned tour of duty 25 11 Personnel File An employee shall be given a copy of each entry made into the employee's personnel file All complaints, repnmands, or other records of disciphnary action against each employee shall be signed by the employee as evidence of the entry The employee shall be given the opportunity to respond to the entry and such response shall be made part of the file to be signed 25 12 Distribution of Pay Checks When available, paychecks will be delivered to the Fire Chiefs office no later than Thursday afternoon prior to the payday Fnday in order that the checks may be sorted and distnbuted Any mistakes in amounts due to the employee shall be corrected and paid that day or the next business day if such monies exceed one hundred dollars ($100 00) Should the mistake not exceed one hundred dollars ($100 00), it will be remedied on the following payday The Village agrees to offer direct deposit of employee's paychecks at no cost to the employee The program will be instituted, as soon as arrangements can be made with the financial institution and employee data is collected and entered The Village will make any necessary employee payments and/or benefits directed by the employee within ten (10) days of payday 44 25 13 Promotional Probation Newly promoted Fire Lieutenants shall serve a probationary period of twelve (12) months from the date of the promotion At the discretion of the Fire Chief, said probationary Lieutenant may complete his/her promotional period within a nine (9) month period 25 14 Time Forms The Shift Commander will be responsible for filing time forms for any authorized unscheduled time utilized by any bargaining unit member 25 15 Copies of Contract The Village shall pnnt and furnish a copy of this labor contract to each affected employee within fifteen (15) days after the execution thereof at no cost to the employee The Local Union President or his/her designee shall receive an additional fifteen (15) copies of the contract at no cost 25 16 Commuting Reimbursement As soon as it is practicable to do so after the execution of this contract, the Village will provide a causeway toll transponder to all members of the bargaining unit at no cost to the employee 25 17 Extra Duties Employees covered by this Agreement will not be required to perform any cleaning or building maintenance services in the administrative offices of the fire station 45 ARTICLE 26 PROFESSIONAL ENHANCEMENT 26 1 All employees covered by this Agreement, who are ordered to attend off -duty courses by the Fire Department, shall be paid at the prevailing overtime rate 26 2 The Village of Key Biscayne agrees to pay full tuition and related expenses for all accredited degree courses in a job related field as determined by and with the prior approval of the Chief of the Fire Department and provided that the tuition reimbursement is in adherence with current Village personnel policies 26 3 All training, classes, education and materials required by the Village will be paid for by the Village at one hundred (100%) percent 26 4 Employees who fail to satisfactorily complete said training courses in which they enrolled, shall reimburse the Village for tuition advanced in their behalf 46 ARTICLE 27 ENTIRE AGREEMENT 27 1 All rights, privileges, and working conditions enjoyed by the employees at the present time and which are not included in this agreement shall remain in full force, unchanged and unaffected in any manner for the term of this agreement unless changed by mutual agreement of the parties 27 2 This Agreement contains the entire contract, understanding, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and dunng its term, except as may be otherwise provided herein 47 ARTICLE 28 SAFETY EQUIPMENT 28 1 The Village will ensure all firefighting protective equipment (bunker gear), apparatus, tools, protective clothing and station wear which will not cause or contribute to injury from an unexpected thermal exposure, meets and/or exceeds NFPA safety standards, federal standards, or other recognized safety standards such as ANSI , U L , U S B of Mines, etc , at the time the bid is let for purchase unless otherwise approved by mutual agreement of the parties Furthermore, any improvements in firefighting turnout gear to include protective footwear will be provided to firefighting personnel as they become available Definition of improvements in turnout gear may include any turnout gear or footwear that is lighter in weight from currently assigned equipment or any equipment that has been proven to reduce fatigue or stress to personnel 28 2 Rescue and Fire Apparatus will comply with all applicable Federal and State standards 48 ARTICLE 29 LAY OFF 29 1 In the event of a layoff for any reason, employees shall be laid off according to reverse order of departmental seruonty 29 2 In the event the Village determines that the number of employees must be reduced for any reason, such reduction in employees shall be based on objective, reasonable and non- discnminatory standards which shall not be arbitrary or capricious, shall not deprive employees of other nghts conferred by this Agreement or the Laws of Flonda or the United States, and will be capable of uniform application 29 3 Severance pay for layoffs shall be one (1) week's pay after one (1) year of service 29 4 Employees shall receive fifteen (15) days notice prior to a layoff 49 ARTICLE 30 OVERTIME 30 1 All authorized hours actually work performed in excess of an employee's normal work day and in excess of an employee's normal work week shall be considered overtime work Employees performing overtime work shall be paid at the rate of time and one-half at their straight time hourly rate of pay 30 2 Employees shall be compensated for overtime as it occurs or, at their option, they may accumulate compensatory time in accordance with Article 15 3 50 ARTICLE 31 WORKING OUT OF CLASSIFICATION 31 1 The Village agrees that any person covered by this Agreement who is required to accept the full responsibilities and carry out the duties of a rank above that which he/she normally holds shall be paid at the hourly rate of five (5%) percent above his current rate in his regular classification while so acting, provided he works in that capacity for a minimum of four (4) hours per shift 51 ARTICLE 32 UNIFORMS AND MAINTENANCE ALLOWANCE 32 1 The Village agrees to furnish at no cost to the employee the following uniform items in sufficient quantities as determined by the Fire Chief • Shirts • Trousers • Hats • Belts • Jumpsuit • Tee shirts • Raincoats • Heavy jacket • Fanny pack and • Personal protective equipment 32 2 The level of inventory and method of surveying uniform items unfit for wear will be determined by the Fire Chief or his designee 32 3 Uniform items may be replaced as needed at the discretion of the Fire Chief or his designee 32 4 The annual uniform maintenance allowance will be six hundred and thirty-five dollars ($635 00) The allowance will be paid on the bargaining unit member's anniversary date The cost of any uniform changes dictated by the Village shall be borne by the Village 52 32 5 The Village will supply one (1) set of linen sheets, one (1) blanket, one (1) pillow and one (1) pillow case, which shall be replaced as needed 53 ARTICLE 33 RETIREE HEALTH SAVINGS PLAN 33 1 The Village agrees to establish and to participate in a post -employment retiree health savings plan for the benefit of the bargaining unit members 33 2 Upon ratification of this agreement, all existing sick leave accumulations beyond four hundred eighty (480) hours as specified in Section 13 7 of the contract will mandatonly be placed into a deferred compensation retiree health bank, for use by the employee upon retirement in accordance with the savings plan specifications 33 3 During the life of this Agreement, any sick leave accumulations which exceed the four hundred eighty (480) hour cap set by Section 13 7 of the contract will be placed, without exception in the deferred compensation retiree health bank for use by the employee upon retirement in accordance with the savings plan specifications 33 4 Any and all administrative fees associated with the set up and maintenance of the retirees' health savings plan are to be borne solely by the employee Nothing shall prohibit an employee from making their own voluntary contnbutions to their retiree health savings plan in accordance with the savings plan specifications 54 ARTICLE 34 PENSION 34 1 The pension ordinances currently in effect at the time of ratification of this Agreement will remain in effect, unless mutually agreed upon by both parties 55 ARTICLE 35 SALARIES 35 1 The Village agrees to increase salanes of employees covered by this Agreement by three (3%) percent on each year as follows October 1, 2004, October 1, 2005, and October 1, 2006 Exhibit A attached to this Agreement shows the ten -step salary plans, which already include the three (3%) percent cost of living adjustments (COLA) increases 35 2 Upon the completion of fifteen (15) years or service, the employee shall receive a five (5%) percent longevity payment and upon the completion of twenty (20) years of service the employee shall receive an additional five (5%) percent longevity payment for each year of service 35 3 On October 1, 2006, employees will receive a two (2%) percent increase to their annual base pay as a ratification bonus 56 ARTICLE 36 DRIVER ENGINEER 36 1 The Village shall, upon the ratification of this Agreement and within 90 (ninety) days, establish a new position designated as "Driver Engineer" (D E) Twelve (12) employees will be promoted to the position of D E Personnel promoted to the position of D E will be solely responsible for the safe operation of firefighting apparatus (Quint and Engine) The position of D E shall not apply to Rescue vehicles 36 2 The minimum qualifications for the position of D E are as follows • A candidate must have 2 (two) years of service in the Department and, • Must have a Certificate of Competency issued by the Division of State Fire Marshal Bureau of Fire Standards and Training for the course entitled Pump Operator The successful completion of the City of Miami's Dnver Engineer Class may be substituted in lieu of the requirement 36 3 A written and a practical examination shall be administered by the Fire Administration to ensure the best candidates are selected Once a register has been established, personnel will be assigned according to their numencal ranking 36 4 The Village agrees to an assignment of four (4) Dnver Engineers per shift and will maintain a minimum safe staffing level of two (2) Dnver Engineers per shift If the minimum number of D E s falls below two (2), and no reserve D E s are on duty, the Village will hire to fill the vacancies through the use of the overtime procedures If a reserve D E is on duty, he/she will drive and be paid acting D E pay for that tour 36 5 Any member having the minimum qualifications for the position of D E will be 57 recognized as a reserve D E for purpose of potential overtime assignments if deemed to be necessary 36 6 Firefighters permanently assigned as D E s shall receive five (5%) percent position pay added to the employee's annual base salary The first 12 (twelve) employees promoted to D E will receive the five (5%) percent position pay retroactively from October 1, 2004 36 7 Testing for D E positions will be conducted as needed 58 ARTICLE 37 EXECUTIVE ASSISTANT TO THE FIRE CHIEF 37 1 The Village shall, upon the ratification of this Agreement, establish a new position designated as Executive Assistant to the Fire Chief (EAFC) A fire lieutenant working a forty (40) hour work week schedule will be assigned this designation There will be three (3) heutenants so designated At no time does the Lieutenant holding this designation have firefighting or command responsibilities beyond that of a Lieutenant at a fire or rescue related incident 37 2 The normal work schedule of an EAFC shall consist of a forty (40) hour work week and involve four (4) ten (10) hour days per week Any changes in the work schedule of the EAFC will be at the discretion of the Fire Chief or his designated representative 37 3 The EAFC will aid the Fire Chief in coordinating Fire Department activities and will be in charge of a specific area of assignment as directed by the Fire Chief or his designated representative 37 4 The EAFC on occasion may represent the Fire Chief, at his request, at meetings with the agreed public, local media, vanous civic organizations, etc and as such, may be called upon from time to time to act as the spokesperson for the Fire Chief and/or the Fire Department 37 5 The EAFC may participate in policy creation affecting the Department and will from time to time advise the Fire Chief on matters of organizational direction 59 37 6 The EAFC shall receive an additional three (3%) percent pay stipend while holding this designation The three (3) Lieutenants assigned to this position upon the ratification of this Agreement, will receive the three (3%) percent stipend retroactively from October 1, 2004 37 7 The EAFC shall be assigned a twenty-four (24) hour take home vehicle owned and issued by the Department 60 ARTICLE 38 DURATION OF AGREEMENT 38 1 Except as specifically provided otherwise in this Agreement, this Agreement shall take effect upon ratification by both parties and shall continue in full force and effect through September 30, 2007 38 2 This Agreement is only applicable to employees who are employed by the Village on the date that the Village Council approves this Agreement 38 3 The Agreement shall continue in full force and effect for its term and shall be automatically renewed on an annual basis thereafter, unless the Union provides written notification to the Village not less than sixty (60) days prior to the expiration date set forth above of its decision to negotiate a successor collective bargaining agreement After receipt of said written notice, negotiations shall commence no later than thirty (30) days before the expiration of this Agreement Nothing shall preclude the parties from mutually agreeing to negotiate a successor agreement prior to the sixty (60) days before the expiration of this Agreement Executed on this day of 2006 For the Village of Key Biscayne For the Professional Firefighter's Assoc'a1io oca1 3638 r Jacq , ehne R Me `nc ' z Village Manager, Village of Key Biscayne (ivom,A6c-L-1-- Robert Oldakowski Mayor, Village of Key Biscayne Marcos A Osorio President, Key Bi cayn Associ, do Walter J Dix Chief Negotiator, IAFF 61 EXHIBIT "A" FIREFIGHTER'S SALARY SCHEDULE OCTOBER 1, 2004 (3% COLA) STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 $42,313 95 $44,429 64 $46,651 12 $48,983 68 $51,432 86 $54,004 51 $56,704 73 $59,539 97 $62,516 97 $65,642 82 FIREFIGHTER'S SALARY SCHEDULE OCTOBER 1, 2005 (3% COLA) STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 $43,583 37 $45,762 53 $48,050 65 $50,453 19 $52,975 85 $55,624 65 $58,405 87 $61,326 17 $64,392 48 $67,612 10 FIREFIGHTER'S SALARY SCHEDULE OCTOBER 1, 2006 (3% COLA) STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 $44,890 87 $47,135 41 $49,492 17 $51,966 79 $54,565 13 $57,293 39 $60,158 05 $63,165 96 $66,324 25 $69,640 46 62 FIRE LIEUTENANT SALARY SCHEDULE OCTOBER 1, 2004 (3% COLA) STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 $51,958 79 $54,556 73 $57,284 57 $60,148 80 $63,156 24 $66,314 05 $69,629 75 $73,111 24 $76,766 80 $80,605 14 FIRE LIEUTENANT SALARY SCHEDULE OCTOBER 1, 2005 (3% COLA) STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 $53,517 55 $56,193 43 $59,003 11 $61,953 26 $65,050 93 $68,303 47 $71,718 64 $75,304 58 $79,069 80 $83,023 29 FIRE LIEUTENANT SALARY SCHEDULE OCTOBER 1, 2006 (3% COLA) STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 $55,123 08 $57,879 23 $60,773 20 $63,811 86 $67,002 46 $70,352 57 $73,870 20 $77,563 72 $81,441 89 $85,513 99 63 RESOLUTION NO 2006-29 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 1, 2006 the Honorable Frank E Jacobs, Property Appraiser of Miami - Dade County, Flonda, served upon the Village of Key Biscayne, A "Certification of Taxable Value" certifying to the Village of Key Biscayne its 2006 taxable value, and WHEREAS, the provisions of Flonda Statutes Section 200 065 require that within thirty-five (35) days of service of the Certification of Taxable Value upon a municipality, said municipality shall be required to furnish to the Property Appraiser of Miami -Dade County the proposed millage rate, the current year rolled -back rate, and the date, time and place at which a first public heanng will be held to consider the proposed millage and the tentative budget, and WHEREAS, the Village Council desires to announce the dates of the first and second public heanngs to the Property Appraiser of Miami -Dade County, and WHEREAS, the Village Council has reviewed the figures supplied by the Property Appraiser of Miami -Dade County and conferred at a public meeting with the Village Attorney and that being otherwise fully advised in the premises NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the proposed millage for the first public heanng is hereby declared to be 3 606 mills which is $3 606 per $1,000 00 of assessed property within the Village of Key Biscayne Section 2 That the current year rolled -back rate, computed pursuant to Section 200 065 F S, is 2 752 per$1,00000 Section 3 That the date, time and place of the first and second public hearings is hereby set by the Village Council as follows Date Time Place September 12, 2006 7 00 p m Tuesday September 26, 2006 7 00 pm Tuesday Key Biscayne Fire Station Council Chamber (Second Floor) 560 Crandon Boulevard Key Biscayne, Flonda 33149 Key Biscayne Fire Station Council Chamber (Second Floor) 560 Crandon Boulevard Key Biscayne, Flonda 33149 Section 4 That the Village Clerk and Village Manager are directed to attach the original Certification of Taxable Value to a certified copy of this resolution and serve the same upon the Honorable Frank E Jacobs, Property Appraiser of Miami -Dade County on or before August 4, 2006 Section 5 This resolution shall be effective immediately upon its adoption PASSED AND ADOPTED this 5th day of July , 2006 ‘rvicEtk. cot,. MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO LEGAL SUFFICIENCY VILLAGE SECTION I Certification of Taxable Value DR 420 R 01/95 2006 Year To Village of Key Biscayne (Name of Taxing Authority) Mwwrni--Dade County (1) Current Year Taxable Value of Real Property for Operating Purposes $ 5.564,552,906 (2) Current Year Taxable Value of Personal Property for Operating Purposes $ 45,493,117 (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes $ —0— (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ 5.6'30 , 046 , 023 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations Deletions) $ 41,503,478 (6) Current Year Adjusted Taxable Value (4) (5) $ 5,588 , 542,545 (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR 403 Series) I do hereby certify the values show herein to be correct to the best of my knowledge and belief Witness my hand and official signature at Miami —Dade Coup t. . Florida this the 30th OR -of 20 06 $ 4,264,523,644 --" Signature of roperty Appraiser TAXING AUTHORITY If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year If any line is inapplicable, enter N/A or -0- SECTION II (8) Prior Year Operating Millage Levy (9) Prior Year Ad Valorem Proceeds (7) x (8) (10) Current Year Rolled Back Rate (9) divided by (6) (11) Current Year Proposed Operating Millage Rate (12) Check TYPE of Taxing Authority Municipality Independent Special District County Multi County Dependent District $ 3. 606 ? 7 1 f $ , 6116 per $1 000 per $1 000 per $1 000 Municipal Service Taxing Unit Water Management District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE (14) Current Year Millage Levy for VOTED DEBT SERVICE $ (15) Current Year Millage Levy for OTHER VOTED MILLAGE $ per $1 000 per $1 000 DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts and MSTU s levying a millage (The sum of Line (9) from each District s Form DR 420) (17) Total Prior Year Proceeds (9) + (16) (18) The Current Year Aggregate Rolled back Rate (17) divided by (6) (19) Current Year Aggregate Rolled back Taxes (4) x (18) (20) Enter Total of all non voted Ad Valorem Taxes proposed to be levied by the Principal $ Taxing Authority all Dependent Districts and MSTU s if any Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate (20) divided by (4) (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled back Rate [(Line 21 divided by Line 18) 1 00] x 100 Date Time and Place of the first Public Budget Hearing �a, �� x t g. )0') per $1 000 $ per $1 000 5 t C I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief FURTHER I certify that all millages comply with the provisions of Section 200 071 or 200 081 FS WITNESS my hand and official signature at t `F°I Florida this the } '41 day of m V tx 20 0. cvkkk Signature of Chief Administrative Officer and Title c; eic to it Syr kt' k `ff f t r Mailing Address 4i a � �..1.r-.,cr.1,)i p 1 Address of Physical Location Name of Contact Person City State i[ ‘ Zip Phone # See Instructions on Reverse Side Fax # RESOLUTION NO 2006-30 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING FIRST AMENDMENT AND EXTENSION TO MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE CONCERNING CONTINUATION OF AGREEMENT CONCERNING LOCAL URBAN SEARCH AND RESCUE TASK FORCE, PROVIDING FOR EFFECTIVE DATE WHEREAS, the City of Miami and the Village of Key Biscayne have previously entered into an Agreement in connection with the development and support of a local urban search and rescue task force coordinated by the City of Miami, Department of Fire Rescue, and WHEREAS, the City and Village desire to continue their responsibilities and cooperative efforts under said Agreement NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved. That the Extension to Memorandum of Agreement (the "Extension") is hereby approved, and the Village Manager is authonzed to execute the Extension on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation. That the Village Manager and Village Fire Rescue Chief are hereby authonzed to take any action which is necessary or desirable for the implementation of the Extension Section 4. Effective Date. That this Resolution shall be effective retroactive from December 31, 2005 PASSED AND ADOPTED this, 5th day of September, 2006 7(A9Cete,tii-L—L, ROBERT OLDAKOWSKI AT liaaet NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTQ 103 001/Resolution p• oving Agreement between City of Miami and Village Re Task Force 8 8 06 2 FIRST AMENDMENT AND EXTENSION TO MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES This First Amendment and Extension Agreement is entered into this L5 ,day of ert V'-1(3_ , 2006, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "Sponsoring Agency"), and the 1 (hereinafter referred to as the "Participating Agency") RECITALS WHEREAS, the Sponsoring Agency and the Participating Agency, have entered into an Agreement dated , setting forth the agency's responsibilities in connection with the development and support of a local Urban Search and Rescue Task Force and coordinated by the City of Miami Department of Fire -Rescue, with all costs to be reimbursed by State and Federal funding sources, and WHEREAS, the original term of Agreement will end on December 31, 2005, at which time the parties may agree to renew the association, and WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency's ability to conform with procedures, training and equipment standards as prescribed by FEMA, and WHEREAS, the amendments of the Agreement may be modified or amended only with the written agreement of each of the parties, and WHEREAS, the parties at this time desire to amend and extend the performance period of the Agreement until such time as a new Memorandum of Agreement is developed by FEMA and signed by the Federal Emergency Management Agency (FEMA), the State of Florida, and the City of Miami (the "Sponsoring Organization"), or until terminated by any party upon 30 days of written notice NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained in this agreement, the Sponsoring Agency and Participating Agency hereby agree to amend the Agreement as follows Section "VIII CONDITIONS, AMENDMENTS, AND TERMINATION" Paragraph G is deleted in its entirety and amended to read G This agreement shall be in force until such time as a new Memorandum of Agreement is developed by FEMA and signed by FEMA, the State, and the sponsoring organization, or until terminated by any party upon 30 days of written notice Except as specifically provided herein, all of the terms and conditions of the Agreement, shall remain in force and effect throughout the extended term of the Agreement Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized ATTEST riscilla A Th.mpson /c2 /S - City Clerk ATTEST APPROVED AS TO INSURANCE REQUIREMENTS APPROVED AS TO FORM AND CORRECTNESS SPONSORING AGENCY THE CITY OF MIAMI, a municipal corporation State of Florida By Pedro G Hernanez City Manager PARTICIPATING AGENCY J e rge Fe andez, City Attorney ` LeeAnn Brehm, Administrator Risk Management Division APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE PART CIPATING AGENCY ATT EY' S OFFICE Name tint) off` �a tnto,rta Page 2 of 2 RESOLUTION NO 2006-31 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING SERVICES, SUPPLIES AND EQUIPMENT FOR THE ANNUAL VILLAGE WINTERFEST CELEBRATION, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES FROM CHRISTMAS DESIGNERS, INC FOR ANNUAL WINTERFEST CELEBRATIONS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the purchase of supplies, equipment and services (collectively referred to as the "Services") for the annual Village Winterfest celebrations, as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to expeditiously proceed with the procurement of the Services, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the purchase of the Services, is, in part, exempt from competitive bidding, as being a contract for professional services as related to the design of the supplies and the equipment and as to the provision of related services, pursuant to Section 2-87(2) of the Village Code, and WHEREAS, that, in any event, the competitive bidding procedures for the purchase of the Services may be waived by the Village Council pursuant to Village Code Section 2-85 upon the Council finding, as is hereby found, that it is impractical to apply such competitive bidding procedures in light of the need to expeditiously complete the purchase of the Services, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Purchase Authorized, Specification of Funds That the purchase of the Services, as descnbed herein and in Exhibit "A" attached hereto, is hereby approved and authonzed, subject to the condition that the cost of the purchase of the Services shall not be more $ 32,470 45 Dollars for the 2006 Winterfest celebration, and that the acquisition and cost of the Services for subsequent annual Winterfest celebrations shall be subject to the Village Manager's approval and to Council budget authorization That the fund amount and source for the purchase of the Services for the 2006 Winterfest is hereby authonzed and approved as descnbed in Exhibit "A " Section 3 Agreement Approved A That the Village Manager is hereby authonzed to enter into an Agreement with the Services contractor, for the purchase of the Services, in a form and substance approved by the Village Attorney, which is consistent with the standard format routinely used by the Village and is consistent with the requirements of this resolution, and such agreement is hereby approved, subject to approval of the Village Attorney as to form and legal sufficiency B That the Village Manager is further authonzed to act for the Village in processing any right of termination, extension or modification as authonzed by such Agreement, subject to the provisions hereof Section 4 Implementation That the Village Manager is hereby authorized to take any and all action which is necessary to fully implement the purposes of this resolution, the 2 Agreement, and the Services purchasing transaction Section 5 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 5th day of September , 2006 /(4.9 C d. A t e t , - - - L. - MAYOR ROBERT OLDAKOWSKI NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T • FORM AND LEGAL SUFFICIENC VILLAGE A 0 F \100\103001\Resolutions\Resolution Authorizing Services Re Winterfest Celebration 8 17 06 / 3 EXH I BIT "A" VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez RECOMMENDATION Office of the Village Manager DT August 22, 2006 cil Members FR : cque ne R 1Vf �nendez� jillage Manager Christmas Designers Supphes Equipment & Services It is recommended that the Village Council approve the Resolution authorizing the purchase of supplies, equipment and services from Christmas Designers, Inc BACKGROUND The Wmterfest Committee and Village staff have been pleased with the products and services provided by this firm for the past eight years This contract is highlighted by the introduction of LED bulbs The LED bulbs use one -tenth the power of an incandescent bulb, last longer and are much more durable The primary benefit is the reduced power This should permit of the lights to stay lit without the power outages we have experienced in the past The contract total of $32,470 45 will be paid Parks & Recreation Wmterfest line item and the donations raised by the Wmterfest Committee The Wmterfest line item is budgeted at $35,000 111 the proposed 2006 budget and the Wmterfest Committee has raised over $7,800 for the event 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMENT TO PROVIDE A SAFE QUALIFY COMMUNITY ENVIRONMENT FOR ALL ISIANDERS THROUCH RESI ONSIBLE COVERNMENT www keybiscaynefl gov EXHIBIT "A" VILLAGE OF KEY BISCAYNE Village Green 2006 Revised 8-15-06 1 34' Deluxe Double Lit Rocky Mountain Pine Tree - Customer Owned Full bulb replacement with new LED bulbs (colors yellow, red, blue green, pink) 3,400 bulbs @ $2 25 each 2 Existing trim maintenance - cleaning of ornaments and bows, reglittering snowflakes, wiring ornaments for installation 3 Installation and takedown of tree and trim 4 Bulb Replacement Charges For Silhouette Display 9 5' Silhouette Santa 254 bulbs @ 80¢ each 9 5' Silhouette Snowy 189 bulbs @ 80¢ each 5' Tree Peeker Left 131 bulbs @ 80¢ each 5' Tree Peeker Right 131 bulbs @ 80¢ each 9' Bush Peeker 166 bulbs @ 80¢ each 5 5' Gift Package 80 bulbs @ 80¢ each 4 5' Gift Package 80 bulbs @ 80¢ each 9' Kneeling Elf 144 bulbs @ 80¢ each 14' Carolina Pine Tree 219 bulbs @ 80¢ each 7' Working Elf 162 bulbs @ 80¢ each 14 5' Package Peeker 378 bulbs @ 80¢ each Flamingo Scene 172 bulbs @ 80¢ each Village Green Custom Arch Ribbon Archway - LED replacement on only the center arch bow 288 LED bulbs @ $2 25 each 540 bulbs @ 80¢ each Two Custom Ribbon Archways - LED replacement bulbs 562 LED bulbs @ $2 25 each $1,264 50 Two 8' Single Silhouette Candy Canes 276 bulbs @ 80¢ each $220 80 Twelve 18" Glitter Mesh Stars 240 bulbs @ 80¢ each $192 00 Twelve 24" Glitter Mesh Stars 250 bulbs @ 80¢ each $200 00 $7 650 00 $650 00 $4,000 00 $203 20 $151 20 $104 80 $104 80 $132 80 $64 00 $64 00 $11520 $175 20 $129 60 $302 40 $137 60 Sub Total Display Bulb Replacement The material contained herein is the property of CHRISTMAS DESIGNERS INC Reproduction copying or use without prior consent is strictly prohibited 081506 kl\clients\keybiscayne\06\proprev wpd Qt!jrtama[s /1®e5stgtterfs, 3fnt Page 1 of 4 $648 00 $432 00 $4,642 10 Pompano Beach Florida 5 Installation and Takedown of all Sihouette Displays, Stars, Arches, Perimeter Lighting $5,500 00 6 Storage, Insurance and Handling Charges for Tree, Stars, Silhouettes, and Arches - Note due to the tremendous increase of insurance premiums, it is necessary to raise this fee from last year's $8,400 00 7 Extra Bulbs For Displays 200 Clear C-7 bulbs @ 35¢ each 200 Gold C-7 bulbs @ 35¢ each 200 Red C-7 bulbs @ 35¢ each 200 Blue C-7 bulbs @ 35¢ each 200 Pink C-7 bulbs @ 35¢ each SUB TOTAL EXTRA BULBS 8 Repair and maintenance of arches, repairs necessary from arch being hit by a truck TREE TRIM INVENTORY 2006 22 6" Shiny Silver Balls 20 6" Shiny Green Balls 19 6" Shiny Gold Balls 18 6" Shiny Red Balls 8 8" Shiny Silver Balls 11 8" Shiny Green Balls 12 8" Shiny Gold Balls 16 8" Shiny Red Balls 19 10" Shiny Silver Balls 20 10" Shiny Green Balls 19 10" Shiny Gold Balls 19 10" Shiny Red Balls 40 14" White Snowflakes 25 11" White Snowflakes 18 24" Mica Lollipops 31 18" Red Velvet Bows with Gold Trim 5 Good $70 00 $70 00 $70 00 $70 00 $70 00 $350 00 $600 00 18 Fair, 3 Bad Condition Fair Condition 16 Fair, 3 Bad Condition 16 Fair, 2 Bad Condition 3 Good, 5 Fair Condition 10 Fair, 1 Bad Condition Good Condition 4 Fair, 2 Bad, 5 Broken Condition 7 Good, 11 Fair, 1 Bad Condition 8 Good, 10 Fair, 2 Bad Condition 9 Good, 6 Fair, 4 Bad Condition 10 Good, 6 Fair, 3 Bad Condition Reglitter Reglitter Bad Condition 30 Fair, 1 Bad Condition The material contained herein is the property of CHRISTMAS DESIGNERS INC Reproduction copying or use without prior consent is strictly prohibited 081506 kl\clients\keybiscayne\06\proprev wpd Qtjrtltmal iJ, etitgnerS, , nt Pompano Beach Florida Page 2 of 4 9 Replacement trim for 34' Rocky Mountain Pine Tree 7 6" Shiny Gold Balls @ $6 75 each 2 6" Shiny Green Balis @ $6 75 each 9 6" Shiny Red Balls @ $6 75 each 6 6" Shiny Silver Balls @ $6 75 each 2 8" Shiny Green Balls @ $13 25 each 3 8" Shiny Red Balls @ $13 25 each 4 8" Shiny Silver Balls @ $13 25 each 8 10" Shiny Gold Balls @ $20 90 each 4 10" Shiny Green Balls @ $20 90 each 6 10" Shiny Red Balls @ $20 90 each 1 10" Shiny Silver Balis @ $20 90 each SUB TOTAL REPLACEMENT TRIM The material contained herein is the property of CHRISTMAS DESIGNERS INC Reproduction, copying or use without prior consent is strictly prohibited 081506 kl\clients\keybiscayne\06\proprev wpd (IJrtgttttag 1J- eStgtterg, ,fttt $47 25 $13 50 $60 75 $40 50 $26 50 $39 75 $53 00 $167 20 $83 60 $125 40 $20 90 $678 35 Pompano Beach Florida Page 3 of 4 VILLAGE OF KEY BISCAYNE Village Green Cost Recap 1) LED Tree Bulb Replacement $7,650 00 2) Existing Trim Maintenance $650 00 3) Installation and Removal of Tree and Trim $4,000 00 4) Display Bulb Replacement $4,642 10 5) Installation and Removal of Displays, Stars, Arches and Perimeter Lighting $5,500 00 6) Storage, Insurance and Handling Charges for Tree, Stars, Silhouette Arches $8,400 00 7) Extra Bulbs for Displays $350 00 8) Repair and Maintenance of Arches $600 00 9) Replacement Trim for Tree $678 35 TOTAL $32,470 45 Accepted this day of 50% due now, 50% due upon completion of installation By , 2006 Signature Printed Name For Village of Key Biscayne Property Name Desired Installation Date The material contained herein is the property of CHRISTMAS DESIGNERS INC Reproduction copying or use without prior consent is strictly prohibited 081506 kl\clients\keybiscayne\06\proprev wpd (Ottawa; kBeffigttert‘, I1nc Pompano Beach Florida Page 4 of 4 August 15, 2006 Todd Hofferberth, Director Village of Key Biscayne Recreation Department 88 W McIntyre St Suite 230 Key Biscayne, FL 33149 Dear Todd and Mary Enclosed please find Cbrtamag Megtgrrerss revised proposal for Village Event 2006 as well as the 50% deposit invoice If everything th your approvmeets with Green's proval, please sign the acceptance sheet and fax it back to me at (954) or Mary may sign) Please advise on your desired installatio) 14 (Either Todd displays n window for the tree and Should you have any questions after you review the enclosed, please 432 5139, extension 102 As always, we at (Ijrt�tmag MegtgrtrZook forwardt assistinge at 800 - you and the Village of Key Biscayne for this fast approaching holiday to season Sincerely, Kevin Long President KL\ps cc Mary Tague c/o Toy Town 260 Crandon Blvd #43 Key Biscayne, FL 33149 3124 NW 16th Terrace Pompano Beach FL 33064 ♦ (954) 973 4225 ♦ (800) 432 5139 • www chnstmasdesigners com RESOLUTION NO 2006-32 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED ONE -HUNDRED AND THIRTY THOUSAND DOLLARS ($130,000 00), FROM THE FEDERAL ASSET SHARING FUND TO COVER THE COSTS OF A COMPREHENSIVE INTEGRATED AND INTEROPERATIONAL 700 MHz RADIO SYSTEM FROM MOTOROLA, PROVIDING FOR WAIVER OF COMPETITIVE BIDDING, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne police department's current radio system is not capable of communicating with other local and Village emergency responders, and WHEREAS, interoperable communications will significantly increase the ability of emergency first responders to successfully do their job, and WHEREAS, a Legislative committee recently noted that on September 11, 2001, some New York City firefighters did not receive police warnings to evacuate the World Trade Center's north tower because their radios were incompatible with police communications, and WHEREAS, four years later, as Humcane Katnna and Rita devastated the Gulf Coast, firefighters and police in the area did not have the means to communicate with each other, and WHEREAS, The Village of Key Biscayne is a barrier island susceptible to the destruction and devastation of a Humcane, and WHEREAS, in June of this year, Federal authonties uncovered an Al Quaeda plan to bomb the Sears tower in Chicago and the North Miami Beach headquarters of the FBI , and WHEREAS, these events underscore the need for reliable and effective public safety communications in times of emergencies, when such communications are most needed, and WHEREAS, the lack of such systems could leave emergency responders within the Village of Key Biscayne insufficiently prepared in these times, when reliable communications are most needed, and WHEREAS, without these radios, the police and fire agencies and the people they are trying to help would operate in a vacuum, and WHEREAS, this system would be compliant with the bill which was recently adopted by the United States House or Representatives encouraging states and local communities to develop communications with all emergency responders, and WHEREAS, the Police Department proposes the purchase of a Motorola 700 MHz comprehensive integrated radio system that will assure interoperability with all local and Village emergency responders, and WHEREAS, this radio system consists of a reliable 700MHz infrastructure expressly identified and dedicated for interoperability channels and this system would be an invaluable step to cope with the communications demand at time of disasters like those recently expenenced, and WHEREAS, the expenditure will cover the cost of integrated and interoperational radio system from Motorola, and WHEREAS, the Chief of Police has recommended adoption of this Resolution and determined that the proposed expenditure is an authonzed expenditure category "Communications and Computers" contained within "A Guide to Equitable Shanng of Federally Forfeited Property for State and Local Law Enforcement Agencies", and WHEREAS, funds for this expenditure are not included in the Police Department's operating budget costs, and WHEREAS, the Police Department has in excess of $ 340,000 00 in the Federal Asset Shanng Fund Account, and WHEREAS, these monies are the result of seized assets from joint investigations between the Village of Key Biscayne Police Department and Federal Agencies and not from tax revenue, and WHEREAS, this expenditure will be from funds denved from said forfeited properties and the Police Department needs can be satisfied at no cost to our residents, and WHEREAS, the Village Council finds that it is impractical to utilize formal bidding procedures for this transaction, and hereby waives formal competitive bidding as authonzed by Village Code Section 2-85 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted Each of the above stated recitals are hereby adopted and confirmed Section 2 Purchase Authorized. The Chief of Police is hereby authonzed to purchase the comprehensive integrated and interopreational 700 MHz radio system from Motorola for a total expenditure not to exceed $ 130,000 00 The funds for this purchase will come from and be charged to the Federal Asset Sharing Fund Section 3 Waiver of Competitive Bidding The Village Council finds that it is impractical to utilize competitive bidding procedures for this transaction, and hereby waives formal competitive bidding as authonzed by Village Code Section 2-85 Section 4 Effective Date. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 5th day of September, 2006 /Gocaetc4(__— MAYOR ROBERT OLDAKOWSKI ATTE T A./ami•- CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATT RESOLUTION NO 2006- 33 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING "THE WAIVER OF PLAT SURVEY OF U R.E V PROPERTY AND DASBURG PROPERTY", PROVIDING FOR AN EFFECTIVE DATE WHEREAS, owners of the properties known as the U R E V property and the Dasburg property as legally descnbed in Exhibit "A", wish to resubdivide their respective properties, and WHEREAS, the Village Council finds that the proposed resubdivision complies with the applicable Village regulations NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2. Waiver of Plat Approved The Village Council hereby approves that certain waiver of plat attached hereto as Exhibit "B" Section 3. Effective Date. This resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 5th day of September , 2006 / 7L(LecLc( ____ MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS 0 FORM AND LEGAL SUFFICIENC VILLAGE A 0 103 001/Resolutions/wow = of p t Dasburg property LEGAL DESCR i PT I ON OF U R.E. V PIIOPERTr Portion of Lot 1 in Block 1 of PREMIER ESTATES' according to the Plat thereof es recorded in Plat Bock 132. at Page 14 of the Public Records of Mlatl Dade County Florida being more particularly described as follows Conmencing at the NE. corner of said Lot 1 thence run N 89 59 56 N along the North line of said Lot 1 for 65 4B feet to the point of Intersection with the Westerly line of the 25 foot private roadway easement es recorded In Deed Book 3418, et Page 233 of the Public Records of Wail Dade County Florida, said point also being the Point of Beginning of the hereinafter described parcel of land thence S24 56 00'N along the Westerly line of said easement for 89 04 feet thence N 86 17 03 N for 138.76 feat to the westerly face of a D 72 feet wide concrete wall which Ilslte the water tine of Biscayne Bay thence M 37 0754 E along tha Westerly face of said mall and the water line of Biscayne Bay for 90.00 feet to the point of intersection with the North line of said Lot 1 thence S 89'59'56 E aiong'the Worth line of said Lot 4 for 121 68 feat to the Point of Beginning AND PARCEL 1 North 1/2 of Let 2. Block 17 A RESOBDIVISION OF BLOCK 17 THIRD ADDITION TO TROPICAL ISLE HOMES' according to the Plat thereof recorded In Plat Book 52, Page 27 of the Public -Records of Miami -Dade County Florida Land the South 1/2 of Lot 2, In Resubdivision of Block 17 of the THIRD -ADDITION T8 TROPICAL ISLE HOMES according to 4he Piet thereof es recorded in Plat Book 52, at Page 27 of the Public Records of Dade County Florida AND TRACT 1.100-1. A Tract nr-parcel of submerged land in Biscayne Bay lying in Section 6 Township 55 South. Range 42 East. Dade County Florida more particulary described as follows. Ebr a point of beginning commence at the intersection of extension of the western -edge of an existing concrete bulkhead and the south right of way nine of West Matheson Drive.as extended westerly to the western edge of said bulkhead the right -of way .of said Nest Matheson Wive being described In Deed Book 3401. page 53 of the Public Re grds of Dade County Florida From said paint of begipning thence run west along the westerly extension of the south right oft -way line df Rest "Matheson Drive and the North side of an existing concrete and rock wall extending In the open waters of Biscayne Bay for a distance of 125 feet sore or less to a point; thence run North 47 degrees West 78.69 feet to a point thence run North 47 degrees West 78.59 feet to a point thence run North 43 degrees East 190 feet to a point 170 feet from the existing bulkhead when measured at right angles thereto thence run South 47 degrees East 170 feet, more or Tess to the existing bulkhead thence run South 43 degrees West along the eastern edge of said bulkhead 104.76 feet sore or lees to the point of beginning AND TRACT N0. 100-2 A tract or parch; of submergyed Land In Biscayne Bey Tying to Section 6 Township 55 South. Range 42 East Dade County Florida more particularly described as follows For a point of reference commence at the intersection of the Western Matheson Drivesessmexteenndedwesterlyatoathe westernhedggehof saidybuikead. f Nest right of way of said West Matheson Drive being described In Dead Book 3401 Page 53 of the Public Records of Dade County Florida thence run North 43 degrees East along said bulkhead 227 feet to the point of beginning From said .poJnt afbeginoing ram North 47 a.p ses Best BD imitators ar less. to oint thence run South 43 degrees NestliD feet more or less to a point thence run North 47 de rees West 36 feet sore or less to a point; thence run North 43 degrees East i10 feet sore or less to a point thence run Scutt 47 degree East 36 feat tore or less to a point: thence run South 43 degrees Meat 48 feet sore or less to a point thence run South 47 degrees East 80 feet more or less to a point; thence run South 43 degrees West 30 feet sore or less, to the paint of beginning TRACT NO.101 A tract or parcel of land 50 feet In width located In Section 6, Township 55 South Range 42 East, Dade County Florida Tying 25 feet each side of and parallel to the following described -center line. For a point of reference begin at the intersection of the oast line of said Section 6 and the south line of Lot 1 Block 17 of Tropical isle Homes Subdivision Third Addition. as shown on Plat Book 52, Page 27 of the Public -Records of Dade County Florida. thence run west along the south line of Lot 1 246.04 feet to a point thence run South alone line which rs th.' western turrInus of the right or way for West Matheson Drive as described In Deed Book 340i Rage 53 off the MUM DC Recoils of 'Dada,Couptl, n , .F25 fxeat to a=pe l nt ire a tenter Efna bf .Meat iatheson tri*e e p' i o�jgttie eir''teVfl . the ('flies of the n tract be descrkbed bereln and fire po rg)o Fromaakd .point of begqinnkng run Nest 1'f5f feet mitrevr es5 tooa ipohnt oR lie wast�e rn a pe fit an �XJeft h d<�9n; lkocek „110Vogo t $eiiiq'1he �mestarit2er,ltfi��'a�'actf, �� 33 14Rg`33 Tit t11' io Age- bf Wb eipsio pe ogilja ring .n0.ig 0 square feat 01 .7S 8 ores � PTSPi 0�1 �'1 ) 33,§010 square feat 0.7558 �cr� IrC IfAPP,I lf��T UMW LEGAL DESCRIPTION OF DASBURG PROPERTY' Portions of Lots 1 and 2, .ton -Black") of ZIEMER ESTATES' according to the Piet thereof as recorded In Mat Book 42, et Rage 44 of the Public Records of Miami -Dade County Florida being lore particularly described se follows Seginning at the i0:. corner of said Lot 1. thence run S00 02'53' W along the East Ilne of said Lot i for 81 35 feet to the point of intersection with the actual Mater Line of Hurricane Harbor thence run 581 06'04 M along said Mater time for 34.98 feet' thence 1177'03'45 M alone sold water line for 903 feet to the point of intersection with the approxiote Mean High Mater line as shown on said Plat of PREMIER ESTATES; thence run the following described courses along said approxlaate.Mean High Water line (1) S 81 33'59' N 8 34 feet to a point on 1 van-tarrgent ttrculsr burn concave Southerly taring a radios of 24 08 feet end from which a radial line bears S06 47 23 M, thence (2) Westerly and Southwesterly along the arc of said curve for 28.16 feet through a central angle of 67 00 09' to a point of intersection with a non tangent circular curve taring a radius of 40.23 feet and from which a radial line bears N61 46'54 E' thence (3) Southerly along the arc of said curve for 45.08 feet to a point of tangency' thence (4J S32 15 54 E 9 05 feet thence (5) 515'37 54 E 25 89 feet thence 15) 506 34 57'E 19 77 feet thence (7) SO4 24 51 N for 37 13 feet to the Southeast corner of Bald Lot 2: thence run SB9'55 111'W along the South line of said Lot 2 for 324 23 feet to the Southwest corner of said Lot 2; thence N89 55 30 E for 29 97 feet thence N36'54 21 E for 2.50 feet thence N 89 55'30 E for 29 97 feet to the intersection with a 0.72 feet wide concrete wall being the support of a 3.67' wide concrete bulkhead and also marking the ilm1ts of the water line of Biscayne + Bay thence run the next two described courses along —the water line of Biscayne Bay(-i) H 37 02 36-5-144 15 feet to the point of intersection with the South line of Lot 1 of said Plat of PREMIER ESTATES' thence (2) N37 07 54 E 55.00 feat thence 586 i7 03'E for 138.76 feet thence N 24 56 DO' N along the Westerly line of the 25 foot private roadway easement as recorded in Deed Book 341.8, at Page 233 of the Public Records of Miami Dade N steri- fidi and the Nsvth Line of said Lot i thence SB9'58 56'E along the Lox np65 6408 Rio the P o �nnt • LyIgi a a rig n he of eyr8 cayne- Florida ahif bon amine 48.514 square feat. br 17'97829 acres •rto It Exhibit "B" LEGM. DESCRIPTION OF U. R. E V PROPERTY' Prtlee f Let 18 ock 1 1 PIEN ER ESTATES mart4114 t he P t tiler f as wiled PI (8ao 132. t P q (4 ( M Poll Rrcords f NI 1 -Dade County Florid 6 iM ter prticularly descrl4 11 f (Mews. Cos .ntl g t the NE. maw f 11 Lot 1 them run N 89' 59' 56 k lay the berth Ins f I Lott for 65.46 f t t the pet f l tersectlen 109 the IN t.rly AIM 9 the 25 fool eel t roadu easement 41 rec8e 4ed I De d Book 3418. Pat 233. f th Well Record f Iasi Osde Coat Florida. Id eel 1 Aso 0 Int 1 Poi t ( 8e91nhle9 the Mr Rafter d sc Used oa r 1 ( land then 524. 56.00' one the Ne erly floe f son t for 89 04 f t (he 86 17 03'W (r 138.76 f 1 l the w esterly (ac 1 0.72 t Id Nncr t Mc6 II It the rater IM f 81st yne Day thence 11 3r orsl E Roy the Ma sterly (au of i one 109 rater line / el M Bay for 90 00 f 1 t 109 It 1 1 ter e ctloa It8 the No th 109 f id Ut t M 5 49'59' 56' E ono Me North Ise f Let I fo r 521 68 f t the Pal 1 1 Beglnn nq U0 PARCEL 1 North 1/2 (L 2.80447 A RESUBOIYISION OF BLOCK 17 THIRD AWITION TO TROPICAL SLE )MMES ac rdlnq th PI t tiler f rd d P t Book 52. P49e 27 f the W6l1 Amo ra l 1 Mal 0 de County Fl 4 PARCEL Ltla nd Sath1/2 fL12. Re464 Block 17 fM THRO *0044408 TO TROPICAL ISLE NO ES rd409 t t P1 t thereof as r ecorded I PI t Boot 52, 1 P 9 27 ( Pub 1 Re ord f Dade County Fir 4a AIO TRACT NO 100 t A T ett or par le Mee get and 1 81 yet Say Iy n 991 Sectlee 6. Tomi4lp 55 South, Range 42 E t Dodo C u nty Florid so prticv fry dose 1000 es f lots. For pal 1 / b gian t 9 meem t th 1 ter se 1409 f ten 10. f the western 8119 f an 1 tint toilers% Witched and the me6U ight f way 41ne of Most Matheson 0 'I rteudod me t ly to the 08ster1 edge 1 it 6.4488. 4 the 1gh4 1 y 1 Id M. t Matheson 0r1 11 leg b 50(8.4 1 Ikea leek 3401 Pegs 53, f he Patti Retort f Mad County Florid Free se14 pot 1 1 beginning thence ran west lay the wester) e0sloa f the .0 4111 I9ht-0f-a y AIM f Ms t lo t . son 011 ant the Korth w esterly (el 1 tine cencre1 and lock wall ten d! 9 1 he open waters 181 409 Bey fr 4110(138(1.0004 t I t tMAc run North 4 dorm Me t 78 59 (mitt p l t th nc run North 7 d grim 9.171 564(1 04 1 them 8n North 43 4 grim E1 490 fat t oel t 170 f t f the 1 tlnq N OM ad when me r d t lent mei Merit then run South 7 Nitre. Ea t 170 feet .ere es t M 1 1109 MI he 4. them re 5e t 3 Karen Met long the we tern dqe (said b Ikhea 104 76 f t. *a' or I t the p t f ► glhel 9 MCI Ile 100-2 A t act or pare 1 bee get! 4 1 81 4.481141411191 Se tlo0 6. 1 m ip 55 Sou th Ray 2E t Dade Count Florida non' prti 1r1y bee Ibe 4 f 1 eras For p 1 1 f on ce ca.sence t tk 1 terse tl.n (948480011'11, Matheson Ori en 1 tIM one t but tended me t lyadand the t the me tent dq� tf mf A/lima % balk ad. the (ghl f ma y 1 Id Most Mtn... Drive b ln q de crlbed 1 De d took 3401 P g 53 f the Pub14 Record f Dad County Fi Id M em run No rth 43 dowse E 40 fat or eel l t long Id e 4 227rfeet t 411 pot t f 0 ginning Free sal pelt (beginnin g 4gNo rr th 7 0gter rast he n m South3 (Mnceerun Mirth 47 de11.9361 t er r Ion t p( C thence run Merit 43 dem. East ll0 f t ee or! t pi than rat South 47 degree E t 36 f t or I t pt 1. thane run South 43 dogrus Most 40 (at 1r or l t p t then un Set 7 deer E t 80 f t .or or 1 pi t, then run So th 43 deg ee 110(3011 r 1 ( the pl t f 09108 1m. AND TRA57 140. 101 At t 044.54(1414609(1 44(64051415.14.41.6 T wnsnlp 55 South Range 42 E t Dad County Florid MI 9 25 f t ice Ate f an d per 41 I t the 1 11ow10g de Ibe4 Oat AIM F 00(1 f ( me Moo t the r tloa f the 0(04 f 1140 Se glen 6 and th outh 1(09 f Ut 1 81 ck 17 (T 44(481.41 5wad1 1 41n Thl d Addition own i0 Pbi'0ook 52. Peg 27 f th 941111 Records (Dade County Florid then[ on wet 409 the math that (L t t 246.04 (bt 1 v i t, then o Se th long ((ne wklch 4 109 western ter Ines f the I9ht / for Met Matheson Orl as /e rr lbsd 1 Ora Bak 3 Ot P 9e 53 f th Po hl! Re r4 ( Dad County Florid 25 fat t I t on the entr I1 f Mast Roth on Drive Id pint 094 9 the astern ter Ines f the t acts l 9 de crib 4 her an d the pelt (bsolanlq f id poi 1 t b glen no re We 115 s et .r or les t 00 4 t on the w e ter 098 f an 1 tint belkM d an the Mar ( 81st y Bay maid poi t belly the wester laminas of kale 1 act Lyi 9y end being I the 91il44. f Key al y Florida. and ant leg 69.565 quar t fat t 5970 cr (LAID AREA TO PLATTED PROPERTY LINE) 33. 010 mar at 0 7578 cr (SUBMERGED TRACTS TO PLATTED PROPERTY LINO RECORD OWNER UNITED IEA1. ESTATE ENTINE Lot 1 and 2. aloe% 11 (PO 52 27) 485 Matheson Oro VIII 9 f K y 81 40 Florida. 33149 let I t S. 1/2 f L t 2 IF 11 1145 2 4232 007-0010) N. 1/2 f Let 2 IF 11 No 2 4232-007 (0451 AIO Port! f t l 81 WO. 132 l 1 SURVEYOR' S NOTES TYPE OF SURVEY' BOUNDARY G ELEVATIONS 2. ALL DISTANCES MO BEARINGS/ANGLES N OM HATCH RECORD DISTANCES G BEARINGS IMI ESS OTNERNISE NOTED 1 BEARING S ATE BASED ON AM AS08ED VALE OF S89• 59' 56 E ALONG THE CENTER LINE OF VEST MATHESON ORIYE. TOTAL AREA OF PRO PERTY (NOAH* SUBMERGED TR CTS) (14. 8.0.9 PROPERTY) 102. 325 SOME FEET 2.3 906 ACRES ( 0ASBUG PROPERTY- 1 42, 614 SQUARE FE ET 0 97629 ACRES 5.11415 PROPEAT? S LOCATED IN (1000 ZONE AE BASE FL000 ELEVATION: l0 0' *39(6(9.1.4. MAP COMMUNITY M' 420648. PANEL 09 0281 SNIFF X J. LAST REVI5E0 ON JILT 17 1995. 6 ALL ELEVATIONS R AF t11.,1"° -ARE BASED ON T N W. 6600ET4C VERTICAL (N IUE OF 1929 AS NE SHRED FROM IAMI-OAOE COUNTY BENCHM ARK 091(8-5 NOEX:00061(8 ELEVATION 3. 71 AND IS PK NAIL t BRASS MASHER SET 1N CONC.SUPPORT OF 12'YALVE BOX. BEECH11000 DRIVE 16 NO RTH OF C/1 HARB OR DRIVE 53' EAST OF C/L 7 LEGAL DESCRIPT ON S PROVIDED or OWNER 1(455 OF PROPERTr RESIDENTIAL 9 EXISTING 20E CLASSIFICATIO N YE IVILLAGE EST TE SINGLE FAMILY) 10. TH S SURVEY NAVE BEEN PRE PARE° WITHOUT THE KNEE T OF TALE SEARCH. THEREFORE THERE NAY BE 000 FIONA( RESTRICTIONS. EASEMENTS. OR RIGBf5 OF M Y OF OTHERS THAT NAY 8E FOUND IM THE PUBLIC RECORD S OF THIS COUNT 11 ME AN NIGH MATER ELEYATIO Ft 60' WAS PROVIDE° BY THE DIVISION OF STATE LO OS, BUREAU OF SURVEY t RAPP N6 A11 LOCATED ON THE MOM ON THIS 16th OAT OF APR L 2002 12 RAM DACE COUNT 41000 CRITERIA. 5.0 CONTACT PO ISON IIf5MATION NAME Sherri frab111 T Lena° amber (3351423 4 3 F mobs 13051423-9366 E mall adores. s4Nrri dun ter net DEVELOPMENT INFORMATION 0010.1TION OF THE EXISTING RESIDENCE 09.1 ON THE WEST 510E OF HARBOR POINT 010 CONSTRUCTION OF A HEN SINGLE FAMILY NOME LEGAL DESCRIPTION OF DAS8URG PROPERTY Pe t10n 1 1 t t and 2. 81 il l f PREMIER ESTATES ac rdl q t the P405110044 re did 4 P48046132, t Pat 14. (the Pu6lI Re Dram f Masi -Dade County f rich being mere a rtice rly 4.erlbe4 as f flows 8e91Ml9 (the NE erne ( 14 let 1 t enc m 500'02' 56' M mg the E 11Ine f 14lt4f 81 35f tt the poll 1 4 1 3octlan 118 LM actual Nat Line f Marl he Herber thence run S81 06 04' 11 lay Id Neter Lint ter 34. 98 fat thence N77'03'45 W lay salt water 11.. for 8.83 f t t the 004 t f I ter S Nth the appr )Rat )Nan Nigh Meter 4(ne shown o6 said PI t f PREMIER ESTATES: th n5 m the f 1 I0t d crib d arse 1 m9 id p 1 2 Me Hlgh Mater 1 53359'00.34111(11ft pin t 104 men tan gent miter cry concave Southerly h Mg r eties 41 24. 08 f t and f *AI h WI 1 lin e 6 ari 506 47'23'45 thence (2) Rant 7 nd Sath.e terly long 16 arc f said car for 28.16 f t through ce t anti t 67'(0'09' t poi t 7 I ter te tte6 it6 no 100gent 1 eelr cur Ing al f 40.23 f t and fro rah h 41 1 AIM bears N161 16 SPE th nc (3) Southerly 1 g the 0r f Id cf45.08 fat t p 4 * f t Agency them (41 cur 532' (5 54 E 9.05 t t thence (5) 515'37'54'E 25.89 f t them (61 506 34'57 E 19 77 f Y thenc (7) 504'24 5t M for 37 13 fat t h Soothe t orner f 1d L t 2: 18ne rim 589'55 30'11 lay the Se th (h ie f Id Ut 2 (r 324.23 f 19(4450(60.1 emir ( Id L t 2; thou M139.55 30'5 for 29.97 1 t then )136' 54'21 E for 2.50 feet that N 89'55 30' E for 29 97f t t th 4 terse 4)00 1th 0.72f t de senor t 44 be1M the wort f 3.67' Id n5r t belkh a M Ise u ill 9 the 11 It f t 1 Alm f 811e y Bay thence no th t to dasmlWd or ei 1 ng (he ter 1109 f Oise yne Bay (11 M 37'02' 36' E t 15 feet t the pot t 1 terseCtl 446 th South 11 (1 t 4 f 9410 PI t (PREMIER ESTATES: thence (2) 4137 07 54'E 55.001 tthen 566.47 03'E for 138. 76f 1 theme N 24'56' 00' M Amt the Me trly AIM f t6 25 fat pro t road* y muscat *corded 1 De d Book 3440, t Fag 233 f the Pu4(1 114 ores f Mea l -Dade Me tarty AIM an d the Ni th IM (51441(1 M 589' 59'S6'E Ray the North !toe f Idlt Sfor 65 Of It the Pelt (Beginning. Lyleg arts 6 1n9 4t the 4 97 1 82 09 u K y ei yM Flr 42. 614 3901 f r 0. RECORO OWNER J 0 0 b 9 d If M y L Lt 1 el l BI 1 PREMIER ESTATES 1 14 1)4 th (F 0 4 K 52y0BI y 0FI L t 1 11 NO 21 6 00 010) ANO 490H b PI t K y 84 y Fl L t 2 IF 11 NO 24 5206 004 0020) end at leg CONTACT -max INFORMATION Nan. CI yt Toot! T I phone mu tter (3051 750-9663 f web (3051 361 9954 E 11 met a - DEVELOPMENT INFORMATION 00 4014TI0 1 OF THE EXISTING RE510€NCE AND CONSTRUCTION OF A NEW SINGLE FAMILY HOME. J F LOPEZ a ASSOCIATES INC CONSULT 1 NG L. A14 SURVEYORS MID PLANNERS CERT F C TE N'Le. .3192. ST TE OF FLORIO* 90 NM 55 STREET SU E LAKES FLINT IOA, 33016 Ph ( 51 828 2 25 F (305) 28 3589 I NEREOT CERTIFY' 1N*T 5L04VEV OF TIE P90PERT As IM350 0(0 109E MEW NG 2441 De NOS 10114 MADE NC O NY OIR(51 ON MO WETS TIE MIN NM 16004 SAL TANOM US SE ORTM 0T TIE NOR DA 80AW OF SURVEYORS AIO MAPPERS CHAPTER 64 647 6, FL811 0A A0N STROME COOS P18314114T TO SECT OM 472.027 FLOP 0A 5T MUTES, NO 5 THE AN O CONECT ODE 6ES OF MN N6106E. M EF ANO PROFESS NM AMNO N NOTE THIS 5 NOT A YAL O SURVEY W TROUT THE 4MDERS GM SURVEYOR'S 5 GN ATIAE 0140 EMBOSSED RAISED SEAL e SE F LOPE2. P Pr Io n I Sur yr 6 Mapper 093086. SI L (Flor id 4, '' t+ r4 1489' 9770' E I I N /4 Q % POINT OF BEGINNING FOR TRACT 100-1 mum tP 11(13 92 100 95 TO PLATTED 114E N89'59 56 M 125.00' NE51 125 / (0EED1 OUZO 5. rte. 92 , --Ind FLOOR 11 11 LE rr_ 589.55 30'W 324 23' TRACT 12 OF SU801Y1S111N OF A PORTION OF MATHESON ESTATE (P8.16, P6 861 jk 7 , /�i6FSr /// / nom \ r0 S/^\ 'fir ,��j\, % /,pn > \�'� t'l 1. . \$ 4' V N "1 TRACT NO 101 ;a-16 s04'59.56 E 121 68' Nl0ERGFOU4D ELECTRIC WE 5 PORTION OF LOT 1 BLOCK 1 PREMIER ESTATES' (P& 132. P6 1 I DASSURG PROPERTY 42.614 S/F 0. 97829 ACRES 2 STORY C. 0,S. RESI0ENCE N'1 LF E 15 33' 2nd1E. 2588 G.F E 6. 00 ADM giluninim 1 4471 Seti3Atr• r MEANOIAAITI�i60' NNE MATER ELEY 120' APRIL 18, 2032. It 16 P K S32' IS ' 48' E 9.05 WATERLINE ALONG MESTE3E Y LINE OF SEA MALL 0. 72 1410E CONCRETE WALL 0E 5 4(C61E RAM1.000,5. ;. 805 0129 N AG R. K 012s 07 KW 16' 3 ' \CP we 2 STORY C. E S. RESIDENCE 09'4485 44.9 E (2.3 L FE 6.10 111 e NEW ' 1. 11 252 14 WAN m HIE -2g 0! -t eLea t_IP4. 32. M 2 STORY C. B. S. RESIDENCE N0490 L. E 10.0 WAIVER OF PLAT SURVEY OF UREV PROPERTY AND DASBURG PROPERTY GRAPHIC SCALE too 50 '0 0 1S 0 50 SCALE 1 - 30 gal ro/4Pr '2 k 4 2 b 4 °00. /44, /o 3ti Tp R-25.00' A-67'13'31 A 29 . POINT OF GERM= FOR TRACT ROi-4 t 59'56'E 186_tt' ._ KATIIESON REMAINING OF TRACT 1L OF SUBDIVISION OF A PORTION OF MATHESON ESTATE (P6 .46, PG.863 SOUTH LINE TRACT It (P 8.10. P6.86) AS SCALED R10N PUT sat u.9 r • • m APPROXIMATE M H.N LINE E PER PLAT OF PREMIER ESTATES r (('8.132. P6 11) (APRIL 19841 506'34 67'E 19.77 ' 504'24'51 W 37 13' 66.77' 980 W Q O CO mC 2 LEGEND ® MATER ICIER • FIRE NYORANT B MATER VALVE CATCH BASIN © SANITARY SEWER NA4B DUF akj TAR O Lim ® F P L TilANSFORNIER (E--� ) DOD POWER POLE WITH ANCHOR 0/E - 094444(90 ELECTRIC LINE 6 NIGH CHAIN LINK FENCE 6 HIGH IRON FENCE Nal 441 5 CL5. LF E ILF E 0.1 E P CP 51P E.N. )LAM . COIL ETE AREAS PAYED AREAS NAIL t DISC NAIL t WASHER CONCRETE BLOCK STRUCTURE LAMEST FLOOR ELEVATION MAIN FLOOR ELEVATION GARAGE FLOOR ELEVATION NAIL t DISC 1B 3192 SET 1/2"IRON PIPE 14131.3192 ELECTRIC NETER WEAN H168 WATER MANGROVE 41) PALM TREE 4 /SAE SET" CP 09LS, 3192 CERTIFIED T0: United Real Estate Ventu re Nr John 0 Dasburg and M rs Mary Lou Dasburg LAST FIELD MORK MARCH 1 2006 O RDER N 060202 ORAMN 89 JFL 5IELD 80015 115 6 CAO FILE 06020211 WAIVER Of PUT INClU01N6 BOTH PROPERTIES DATE OF FIEL D 11011K MARCH 1 2006 ORDER II' 060202 DRAWN 8Y JFL FIELD BOOK H5 6 CAO FILE 060202 Tomoommic SURVEY FOR (LILLY PR OPERTY DATE OF FIELD WORK OCTOBER 20 2005 ORDER N 051028 DRAW N 8Y JFL f1EL0 -BOOK lid 11 CAD f ILE 051028 TOPOGRAPHIC SURVEY Fort OASBOIRG PROPERTY / 150 APRIL 26 2007 F (Rap 14113192 / / / m 0) 200 LOCATION MAP SCALE 1 -300' PORTION OF SEC 5 6 6 IMP 55 S RGE 42 E RESOLUTION NO 2006-34 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SITE PLAN FOR AN APARTMENT BUILDING AT 101 SUNRISE DRIVE, KEY BISCAYNE, FLORIDA, PROVIDING FOR RECORDING, PROVIDING AN EFFECTIVE DATE WHEREAS, 101 Gettysburg, LLC (the Applicant) has applied for approval of a site plan for an 11 unit apartment building with the address of 101 Sunrise Dnve, which property is legally descnbed in attached Exhibit "A" hereto, and WHEREAS, the Village Council has held the properly noticed public hearings required under the Village of Key Biscayne, Florida, Zoning and Land Development Regulations, and WHEREAS, the Village Council finds that the proposed site plan, with certain conditions, meets each of the applicable review cntena for approval in Section 30-80 of the Zoning and Land Development Regulations NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That the recitals set forth above are hereby adopted and confirmed Section 2 Site Plan Approved The Site Plan by JCD Architects Inc , dated 07/24/06, and consisting of pages A-1 through A1-06, is hereby approved, subject to the following conditions 1 Each window shall have "black out" window covenngs 2 The pedestnan entrance shall be redesigned to permit direct access into the building from the public sidewalk and through the parking lot 3 The building identification sign shall be composed of reverse channel letters with a maximum height of 12 inches 4 The balconies shall not be enclosed with any matenal 5 The applicant shall contnbute funds to construct the improvements on the frontage that are planned for Crandon Boulevard The amount shall be based on a linear footage based on the cost of the Crandon Boulevard Phase 3 project The funds shall be received by the Village pnor to the issuance of a building permit 6 The wall facing Crandon Boulevard and Sunnse Dnve shall be removed and replaced with a hedge 7 The above conditions shall be recorded in the public records of Miami -Dade County as a covenant running with the land The covenant shall be approved by the Village Attorney and recorded pnor to the issuance of a building permit Section 3 Recording This Resolution shall be recorded, pnor to the issuance of a building permit, by the Applicant at its expense in the public records of Miami -Dade County A copy of the proof of recordation shall be submitted to the Building, Zoning and Planning Department pnor to the issuance of any building permits Section 4 Effective Date. That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 5th day of September, 2006 //yo cid2-(AAL,2 MAYOR ROBERT OLDAKOWSKI AT ST thiC/aalevAlt CHITA H ALVAREZ, CMC, VILLAGE CLERK CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE A TORN 2 eV" -.� OK EXHIBIT A 4-5 55 42 RUTGERS SUB PB 76-62 LOT 1 BLK 1 LOT RESOLUTION NO 2006-35 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE USE OF GOVERNMENT PROPERTY AT 530 CRANDON BOULEVARD FOR A TEMPORARY STORAGE FACILITY FOR CONSTRUCTION MATERIALS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne owns a certain property located at 530 Crandon Boulevard (the "Property"), and WHEREAS, Section 30-102 entitled "GU Government Use Distnct", of the Village of Key Biscayne Code requires that a public heanng be held to determine the use to which land designated for Governmental Use may be put, and WHEREAS, on September 5, 2006, a properly noticed public heanng was held and at the heanng the Village Council considered vanous uses for the property, and NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2. Use of Property Established The Village Council hereby establishes the use of the Property as a temporary storage facility for construction matenals related to Phase 3 of the Crandon Boulevard Project and the Water and Sewer Project and finds said use to be consistent with the Village Comprehensive Plan and Land Development Regulations Section 3 Effective Date This resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 5th day of September , 2006 //A,i ceteAtt, MAYOR ROBERT OLDAKOWSKI AT Z,/eb, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 103 001/Resolutions/GU Use of property 2 RESOLUTION NO 2006-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REVISING SCHEDULE OF FEES FOR USE OF THE VILLAGE'S COMMUNITY CENTER, PROVIDING FOR RELATED MATTERS, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council has previously adopted Village Code Section 2-71, as an enabling Ordinance which provides a mechanism for the establishment of membership fees and other fees for the use of the Village's Community Center by Village Council Resolution, and WHEREAS, pursuant to Resolution No 2004-12 the Council has established such fees, and WHEREAS, the Village's Community Center Advisory Board has recommended revisions to the fee schedule for the Community Center, and WHEREAS, the Village Council desires to revise the fee schedule for use of the Community Center as specified herein NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2 Fee Schedule. (a) General Fees for Use of Community Center. That effective as of October 31, 2006, the daily, monthly or annual membership fees for use of the Community Center, for each category of user indicated, and the accompanying explanatory descriptions, shall be as follows ' ' Additions to existmg fee schedule are underlined deletions from existing fee schedule are stneketrthrough Membership Category Adults Youth (18 & Under) Senior (65+) 1 Student (25 & Under Couple Sr Couple (both 65+) Family (up to 4 members) Daily Daily Resident Guest x-00 $9 00 $12 0 $55-00 ShiLD $800 $6 00 $9 00 $110_ N/A N/A N/A Monthly Annual $1300 $50-00 $5500 $31_0_ $20-00 $22 00 $30 00 $10 00 $35 00 N/A X0-00 $85.00 N/A $50 00 N/A 51-00-00 $110 00 Membership Category Descriptions and Explanations Adults : 52-75-00 $300 00 X00 $130 00 $200 00 $220 00 X0-00 $385 00 $300 00 $45-00 $525 00 An adult membership is available to residents between the ages of 19 and 64, unless they meet the student membership critena by being 25 or younger and currently enrolled in school Youth - A youth membership is available to any resident who is 18 or younger Senior - A senior membership is available to any resident who is 65 or older Student - Any individual who is 25 or under can apply for the student membership with proof of current school enrollment Couple - Any two individuals who reside at the same address may join as a couple This would include one child and one adult or two adults Senior Couple - To qualify for a senior couple membership, both individuals must be 65 or older If only one individual is over 65, the couple membership should apply. Family - A family consists of up to four individuals, including no more than two adults who reside together Families with more than four individuals may add additional family members at 50 percent off of the additional membership category rate. For example, a family of five may add a third child for $62 50 annually ' Additions to existing fee schedule are underlined deletions from existing fee schedule are striekerrthrough (b) Fees for Special Classes Fees for special classes shall be established by the Village Manager depending upon the service provider contract entered into between the Village and the instructor for the class A schedule of fees for classes shall be filed in the Office of the Village Clerk and will be available at the Community Center (c) Waiver of Fees The Village Manager shall be authonzed to waive or defer fees for the use of the Community Center for those residents who are subject to an economic hardship Section 3 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 5th day of September , 2006 4/0 CSLL T,iJ/ CH H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE AT 0 MAYOR ROBERT OLDAKOWSKI 103 OO1/RESOLUTIONS/REVISE CHEDULE OF FEES FOR USE OF VILLAGE S COMMUNITY CENTER 8 7 06 ' Additions to existing fee schedule are underlined deletions from existing fee schedule are stneketrthrottgh RESOLUTION NO 2006-37 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE AND PST SERVICES, INC , DOING BUSINESS AS PER -SE TECHNOLOGIES, FOR BILLING AND ACCOUNT MANAGEMENT SERVICES REQUIRED BY THE VILLAGE FOR THE VILLAGE'S FIRE RESCUE TRANSPORT FEES, AUTHORIZING VILLAGE MANAGER TO EXECUTE AND IMPLEMENT THE AGREEMENT, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council finds, upon recommendation of the Village Manager, that it is in the best interest of the Village to utilize the professional services of PST Services, Inc , doing business as Per -Se Technologies (the "Contractor"), for assistance to the Village in billing and account management for the proposed Fire Rescue Transport fees (the "Fees") of the Village, and WHEREAS, it is intended that such Fees collected by the Village shall be able to be earmarked to assist in the Village's support of the employer contribution to the Fire Rescue-Pohce Pension Plan of the Village, and WHEREAS, the Village Council finds that approval of the Agreement between the Village and Contractor is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recital Adopted, That each of the above stated recitals is hereby adopted and confirmed Section 2 Agreement Approved That the Professional Services Agreement, in substantially the form attached hereto, is hereby approved, and the Village Manager is authonzed to execute the Agreement, on behalf of the Village, once approved as to form and legal sufficiency by the Village Attorney This approval is subject to all funds received by the Village being designated and used for funding or supplementing the Village's contnbution to the Village's Police Officers and Firefighters Retirement Plan Section 3 Implementation That the Village Manager is hereby authorized to take any action which is necessary to implement the Agreement and this resolution Section 4 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 5th day of September , 2006 71-0Cdu6iL. MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T • FORM AND LEGAL SUFFICIENC VILLAGE A 0 / F \100\103001\Resoluti ' ns\Re lotion Approving Professional Services Agreement between Village and PST Services 8 15 06 2 Per -S�. TECHNOLOGIES Your Health Is The Bottom Line PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT (this Agreement ) is made and entered into by and between PST Services Inc d/b/a Per Se Technologies a Georgia corporation ( Per Se ) authorized to do business in Flonda and Village of Key Biscayne a municipal corporation organized under the laws of the State of Florida ( Client ) as of August 26 2006 (the Effective Date ) In consideration of the covenants and agreements contained herein Client and Per Se agree as follows 1 Services Beginning on the Commencement Date (as defined below) Per Se will perform the practice management services as tailored to Client s municipal government activities as a provider of Fire Rescue Transport Services and as set forth on Schedule 1 to this Agreement (the Services ) Client shall on a timely basis and in a format reasonably acceptable to Per Se provide the information set forth on Schedule 1 necessary for Per Se to perform such Services in an efficient manner (the Client Responsibilities ) During the term of this Agreement Per Se will be the sole provider to Client of all of the Services identified as Reimbursement Management Services on Schedule 1 to this Agreement In performing the Services hereunder Client acknowledges that Per Se shall at all times be acting as an independent contractor 2 Bank Account A lockbox and bank account will be maintained in the name of Client at a bank designated by Client All cash receipts will be deposited into the lockbox and/or bank account by Per Se and all payments will be directed to the lockbox Per Se will have no ownership rights in the lockbox or bank account and will have no right to negotiate or assert ownership of checks made payable to Client Client will be responsible for all fees associated with such lockbox and/or bank account Client reserves the nght to modify or revoke such arrangements at any time 3 Term The term of this Agreement will be one (1) year (the Term ) beginning October 1 2006 (the Commencement Date ) The parties may mutually agree in wntmg to any renewal terms 4 Monthly Fees Beginning as of the Commencement Date Client agrees to pay Per Se the monthly fee set forth on Schedule 2 to this Agreement (the Monthly Fee ) which will be billable on the first day of each month 5 Confidentiality Per Se agrees not to use or disclose to anyone other than Client any information about Client or any of Client s patients received in the course of performing the Services except as required to bill charges or as otherwise legally required including but not limited to any legal requirements of the Health Insurance Portability and Accountability Act and its implementing regulations ( HIPAA ) Notwithstanding the preceding sentence or any provisions of the HIPAA Privacy Provisions attached hereto as Schedule 5 Client agrees that Per Se may use Client information for research and statistical compilation purposes so long as Client and patient identifying information is kept confidential in accordance with applicable law Client acknowledges that the software employed by Per Se in performing the Services (the Software ) is confidential and that Per Se is the sole owner or licensee of the Software all report formats and all reports generated by the Software that are produced for internal operational purposes and not generally made available to Client Client agrees not to disclose and to cause its employees agents and representatives not to disclose to anyone the Software or any information it receives about the Software Per Se s business practices or other trade secrets or confidential information of Per Se except as legally required If Per Se contracts for the use of third party software to be used in the provision of the Services Client agrees to execute any additional nondisclosure or proprietary material documentation that may be reasonably required by Per Se or any such third party software licensor If Client is unwilling to sign such additional documentation Per Se may terminate this Agreement in accordance with Section 11 4 Each party agrees that the other party does not have an adequate remedy at law to protect its rights under this Section and agrees that the non defaulting party will have the right to injunctive relief from any violation or threatened violation of this Section 6 Regulatory Restrictions Each party warrants that it is not currently listed by a Federal agency as excluded debarred or otherwise ineligible for participation in any Federal health care program Each party agrees that it will not employ contract with or otherwise use the services of any individual whom it knows or should have known after reasonable inquiry (a) has been convicted of a criminal offense related to health care (unless the individual has been reinstated to participation in Medicare and all other Federal health care programs after being excluded because of the conviction) or (b) is currently listed by a Federal agency as excluded debarred or otherwise ineligible for participation in any Federal health care program and further agrees that it will immediately notify the other in the event that it or any person in its employ has been excluded debarred or has otherwise become ineligible for participation in any Federal health care program In furtherance of this requirement each party agrees to make reasonable inquiry as to any prospective employee agent or individual considered for engagement by such party as an independent contractor by reviewing the General Services Administration s List of Parties Excluded from Federal Programs and the HHS/OIG List of Excluded Individuals/Entities and further agrees to continue to make reasonable inquiry regarding the status of its employees and independent contractors on a regular basis 7 Compliance Programs 1 C IDoeu nc its a r t Settrjgsle rl r e IL c tl Seta IT o 1 t et r les OLA171 [ rill o[R Br c c rt et 8 I S 06 1 Page 1 of 13 7 1 Per Se agrees to maintain a billing regulatory compliance program similar to the Office of Inspector General s Compliance Guidance for Third Party Medical Billing Companies 7 2 Per Se agrees that it will comply with all requirements of HIPAA applicable to Per Se on or before the respective compliance date(s) set forth in HIPAA (the HIPAA Compliance Dates ) 73 Schedule 5 Per Se and Client agree to abide by the terms and conditions of the Business Associate Agreement attached hereto as 8 Operating Procedures Client will be responsible for all matters related to Client s practice prior to the Commencement Date including but not limited to Client's billings collections third party reimbursements accounts receivable and refunds Client agrees to provide or cause others to provide to Per Se accurate and complete insurance demographic transport charge diagnosis and treatment related information as required by Per Se to perform the Services Per Se agrees to perform the Services in accordance with industry practices in Client s specialty and geographic area and all matenal applicable laws rules and regulations including applicable third party payer policies and procedures Client acknowledges that Per Se has every incentive to perform the Services in a timely and proficient manner but that the timing and amount of collections generated by the Services are subject to numerous variables beyond the control of Per Se including without limitation (a) the inability of third parties or systems beyond the control of Per Se to accurately process data (b) the transmission to Per Se of inaccurate incomplete or duplicate data (c) untimely reimbursements or payer bankruptcies (d) late charge documentation submissions by Client and/or (e) managed care contract disputes between payers and Client THEREFORE EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT PER SE DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE PERTAINING TO THE TIMING AND AMOUNT OF COLLECTIONS GENERATED BY THE SERVICES Furthermore Per Se assumes no responsibility with respect to any unclaimed property including unclaimed overpayments Client acknowledges and agrees that Client is solely responsible for refunding any overpayments and further agrees to hold Per Se harmless to the extent allowed by the express monetary limits stated in Florida Statutes Title XLV Chapter 768 Section 768 28 (5) from and against any losses (including fines or penalties and interest) incurred by Per Se as a result of Client s failure to make such refunds 9 Audits During the term of this Agreement Client will have the nght to engage at its expense independent auditors (the Auditors ) for the purpose of performing audits that may be considered necessary by Client to determine the accuracy and correctness of the accounting and internal control performed and maintained by Per Se provided however that such persons are not employed by or in any manner affiliated with any entity that performs services substantially similar to any of the Services identified as Reimbursement Management Services on Schedule 1 to this Agreement Per Se will cooperate by furnishing such Auditors with any and all information as is reasonably necessary to perform and complete all audit procedures determined to be necessary by the Auditors Pnor to performing such audits Client will cause the Auditors to execute Per Se s Business Associate/Confidentiality/Non Solicitation Agreement Client agrees that any such audit will be conducted at such times and in such a manner so as to avoid undue disruption of Per Se s operations 10 Non -Employment During the term of this Agreement and for a period of twelve (12) months following the termination of this Agreement each party agrees not to employ or contract with for services directly or indirectly or through any third party rendering services on behalf of such party any individual who was an employee of the other or its parent affiliates or subsidiaries at any time during the preceding twelve (12) months without the prior wntten consent of the other party Notwithstanding the foregoing upon any termination of this Agreement Client may rehire any individual who was employed by Client on the Effective Date and who was hired by Per Se on or after such date Each party agrees that the other party does not have an adequate remedy at law to protect its rights under this Section and agrees that the non defaulting party will have the right to injunctive relief from any violation or threatened violation of this Section 11 Termination Notwithstanding the provisions of Section 3 11 1 Either party may terminate this Agreement on ninety (90) days written notice of termination to the other if the other party defaults on any of its obligations under this Agreement (other than Client s payment obligations) and such party has not begun to cure such default within thirty (30) days and materially cured within sixty (60) days after written notice of such default is delivered and 11 2 Either party may terminate this Agreement on ninety (90) days wntten notice of termination to the other if (a) a court having appropnate jurisdiction enters a decree or order for relief in respect of the other party in an involuntary case under any applicable bankruptcy insolvency or other similar law now or hereafter in effect or (b) the other party commences a voluntary case under any applicable bankruptcy insolvency or other similar law now or hereafter in effect and 11 3 Per Se may terminate this Agreement immediately if Client defaults on its payment obligations under Section 4 and Schedule 2 and such payment default is not cured within ten (10) days after Per Se delivers written notice of such default to Client and 11 4 Per Se may terminate this Agreement on the tenth (10`'') business day after presenting the documentation required pursuant to Section 5 of this Agreement to Client if Client fails to complete such documentation during such time and 11 5 Client may terminate this Agreement immediately if Per Se fails to cure any matenal breach of the Business Associate Agreement set forth on Schedule 5 to this Agreement within thirty (30) days of written notice from Client specifying the breach and 1 C IDoci r le Its ail Sem gslc 1 a e ILoc 1 Sera ,s1Te r1 o, a 1 re et F I IOLh1711, 1/ ge of l.el Bt c i c co t ct 8 15 06 I c Page 2 of 13 11 6 Client may ternunate this Agreement at its sole discretion upon ninety (90) days advance written notice in the event that the Key Biscayne Village Council elects to discontinue collection of Fire Rescue Transport fees such termination to be effective upon the last day that the Fire Rescue Transport fees are collected 12 Termination Procedures In the event this Agreement is terminated for whatever reason Client hereby requests that Per Se return to Client all materials provided to Per Se by Client for the provision of the Services hereunder and shall choose either the option set forth in Section 12 1 or the option set forth in Section 12 2 as a means of transferring its accounts receivable from Per Se to another provider of billing services (unless this Agreement is terminated by Per Se pursuant to Section 11 3 in which case only the procedures set forth in Section 12 2 will apply) 12 1 Upon the effective date of termination Per Se shall cease to enter new patient and charge data into its computer system ( Computer System ) on behalf of Client but will (i) continue to perform the Services identified as Reimbursement Management Services on Schedule 1 to this Agreement at the then current rates hereunder for a penod of ninety (90) days with respect to all of Client s accounts receivable ansing from charges for transport services rendered prior to the termination date (the Workout Period ) (11) thereafter discontinue processing such accounts receivable (iii) deliver to Client after full payment of all fees owed a final list of accounts receivable (iv) provide reasonable transitional services as set forth on Schedule 4 to this Agreement and (v) have no further obligations to Client Client may negotiate with Per Se for additional transitional services to be provided by Per Se after the Workout Penod at Client s additional expense The parties agree that all applicable terms and conditions of this Agreement will be in full force and effect until the end of the Workout Penod or 12 2 (a) For Client s accounts receivable for which Per Se receives a Monthly Fee based on a percentage of the Net Collections on or before the effective date of termination Client shall pay Per Se a one time fee for the Services provided by Per Se dunng the immediately preceding months equal to the amount listed on Schedule 2 to this Agreement (the Services Rendered Fee ) Upon the effective date of termination Per Se shall (1) be immediately relieved of the obligation to provide any further Services on behalf of Client (ii) deliver to Client after full payment of all fees owed including but not limited to the Services Rendered Fee a final list of accounts receivable (in) provide reasonable transitional services as set forth on Schedule 4 to this Agreement and (iv) have no further obligations to Client Client may negotiate with Per Se for additional transitional services to be provided by Per Se after the date of termination at Client s additional expense The Services Rendered Fee is in no way is intended to limit the nghts and remedies Per Se may have against Client ansing out of any breach of this Agreement and/or (b) For Client s accounts receivable for which Per Se receives a Monthly Fee based on a set dollar amount per transaction upon the effective date of termination Per Se shall (i) be immediately relieved of the obligation to provide any further Services on behalf of Client (ii) deliver to Client after full payment of all fees owed a final list of accounts receivable (in) provide reasonable transitional services as set forth on Schedule 4 to this Agreement and (iv) have no further obligations to Client Client may negotiate with Per Se for additional transitional services to be provided by Per Se after the date of termination at Clients additional expense 13 Liquidated Damages, Claims Period, Indemnification In the event of error or omission in the performance of the Services due solely to the action or failure to act of Per Se Per Se will re perform the Services at no additional cost to Client Client acknowledges that Client shall be responsible for the codes assigned to patient transport charts (if assigned by someone other than Per Se) including but not limited to the accuracy legality and appropriateness of such codes the accuracy of fee schedules and the accuracy of all other data provided to Per Se for use in the provision of the Services Per Se shall have no liability for the (a) inability of third parties or systems beyond the control of Per Se to accurately process data, or (b) transmission to Per Se of inaccurate incomplete or duplicate data In all other circumstances it is expressly understood and agreed that Per Se s liability for any loss or damage incurred by Client arising from any cause whatsoever under this Agreement to the extent that such loss or damage is caused by Per Se shall be limited to the sum of the Monthly Fee payable by Client to Per Se for the Services for the month when the act or omission that gave rise to the loss or damage first occurred and the Monthly Fees for the two (2) months prior to that month provided however that Per Se s aggregate liability under this Agreement shall not exceed the Monthly Fees paid by Client to Per Se dunng the term of this Agreement No proceeding or action ansing out of this Agreement may be brought by either party against the other more than twelve (12) months after the cause of action has arisen Notwithstanding the foregoing the liquidated damages and claims penod set forth above shall not apply to any civil monetary fine or penalty and interest assessed against Client by Medicare Medicaid or other third party health insurance provider arising out of the sole negligence or willful misconduct of Per Se in the performance of its Services hereunder Neither party shall in any event be liable to the other for any indirect special incidental consequential or similar losses or damages suffered by such party or any third party Per Se shall indemnify and hold Client harmless from any civil monetary fines or penalties and interest (but not overpayments) assessed against Client by Medicare Medicaid or other third party health insurance providers to the extent that such fines or penalties and interest are caused by the sole negligence or willful misconduct of Per Se or its employees in the course of rendering the Services Client hereby warrants that the information furnished to Per Se pursuant to its obligations under this Agreement including but not limited to all demographic and transport charge information shall be accurate Therefore Per Se shall have no obligation to indemnify or hold Client harmless in the event of error in or omission of such information Client shall indemnify and hold Per Se harmless from any civil monetary fines or penalties and interest assessed against Per Se its officers directors agents and employees by Medicare Medicaid or other third party health insurance providers to the extent that such fine or penalties and interest are caused by the sole negligence or willful misconduct of Client in performing its obligations under this Agreement subject to the express monetary limits stated in Flonda Statutes Title XLV Chapter 768 Section 768 28 (5) 14 Notice Any notice payment demand or communication required or permitted to be given by the provisions of this Agreement will be effective on the date of receipt if sent or delivered by certified/return receipt mail or by national overnight delivery service C D r IS rr I L 1 S rr T 1 l r r r I IOLh 17U' II g of I< B Page 3 of 13 r r8/50610 to PST Services Inc 1145 Sanctuary Parkway Suite 200 Alpharetta Georgia 30004 Attention President if to Per Se and Village of Key Biscayne 560 Crandon Boulevard Key Biscayne Flonda 33149 Attention Lt Marco Delgado EMS Coordinator if to Client or at such other address(es) or to the attention of such other persons as the parties may from time to time designate m wntmng by notice as set forth above 15 Force Maieure Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (other than Client s payment obligations under Section 4 and Schedule 2 of the Agreement) due in whole or in material part to any cause beyond its sole control including but not limited to fire accident labor dispute or unrest flood not war rebellion insurrection sabotage terronsm transportation delays shortage of raw materials energy or machinery acts of God or of the civil or military authorities of a state or nation or the inability due to the aforementioned causes to obtain necessary labor or facilities 16 Waiver The failure of either party to enforce any term or condition of this Agreement shall not be construed as a waiver by such party of such term or condition nor shall a waiver of any breach of a term or condition of this Agreement on any one occasion constitute a waiver of any subsequent breach of the same or similar term or condition 17 Assignment Neither party may assign this Agreement without the pnor wntten consent of the other which consent shall not be unreasonably withheld provided however that each party hereby consents to any assignment to any successor of the other due to acquisition merger consolidation or reorganization provided that any such assignment shall not alter the terms of the Agreement without the wntten consent of the non assigning party and each party further agrees to cause any successor of such party due to acquisition merger consolidation or reorganization to agree to the assignment of this Agreement to such successor provided that any such assignment shall not alter the terms of the Agreement without the written consent of the non assigning party 18 Arbitration If a dispute controversy or claim concerning this Agreement cannot be satisfactorily resolved by the parties such dispute will be settled by binding arbitration to be conducted within the Miami Florida metropolitan area in accordance with the Commercial Arbitration Rules of the American Arbitration Association ( AAA ) except that in the event of a conflict between this Agreement and the AAA rules the provisions of this Agreement will control Each party shall select one (1) arbitrator and the two (2) arbitrators shall select a third (3rd) arbitrator and give notice of the selection to Client and to Per Se Each arbitrator selected shall be knowledgeable about healthcare accounts receivable issues Each party shall pay the fees and expenses of the arbitrator it selects and the parties will share equally the fees and expenses of the third arbitrator selected and those of the AAA The arbitration hearing shall be held within one hundred twenty (120) days of selection of the arbitrators or within such other time period mutually agreed upon by the parties Following the arbitration hearing the arbitrators shall issue a wntten decision which summarizes the reasoning for their decision and the legal basis for any award The arbitrators may not require one (1) party to pay the other party s costs fees attorneys fees or expenses Judgment upon the award rendered by the arbitrators may be entered in any court in Miami Dade County Flonda having jurisdiction thereof 19 Insurance Per Se shall provide to Client satisfactory evidence of comprehensive general liability insurance and professional liability insurance in an amount of at least $500 000 00 single limit coverage for bodily injury and property damage with Client named as additional insured on the comprehensive general liability insurance 20 Miscellaneous 20 1 This Agreement contains the entire agreement of the parties relative to the Services to be provided to Client and no representations inducements promises or agreements oral or otherwise between the parties not embodied in this Agreement will be of any force or effect This Agreement specifically supersedes any prior written or oral agreements understandings negotiations and proposals between the parties relating to the provision of the Services Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or give any person firm or corporation other than the parties hereto and their successors or assigns any nghts remedies obligations or liabilities under or by reason of this Agreement or result in such person firm or corporation being deemed a third party beneficiary of this Agreement Any amendments or changes to this Agreement will be in writing and will not be effective until executed by authonzed representatives of both parties Per Se and Client acknowledge that they are duly authorized by appropnate corporate action to enter into this Agreement and that this Agreement is being signed by duly authonzed agents 20 2 Per Se warrants that it has not employed or retained any company or person other than a bona fide employee working solely for Per Se to solicit or secure this Agreement and that it has not paid or agreed to pay any person(s) company corporation individual or firm, other than a bona fide employee working solely for Per Se any fee commission percentage gift or any other consideration contingent upon or resulting from the award or making of this Agreement 20 3 Per Se hereby warrants and represents that at all times dunng the term of this Agreement it shall maintain in good standmg all required licenses certifications and permits required under Federal State and local laws applicable to and necessary to perform the Services for Client as an independent contractor of the Client and m force at the time services are performed 20 4 This Agreement shall be construed in accordance with the laws of the State of Flonda Venue for any litigation hereunder shall be m Miami Dade County Flonda. The parties voluntarily waive the nght to any trial by jury in any litigation which in any way arses hereunder between the parties C ID c le is 1 1 Setnislc 1 e ILoc / S ti IT l o t 11 I F l s10/ 1‘1711,111 ge of Ice Bel t e co 1 a 18 15 06 / Page 4 of /3 20 5 This Agreement shall not be effective until the Village's Fire Rescue Transport Fees which were adopted by Village Ordinance No 2005 12 are approved by the Board of County Commissioners of Miami Dade County Florida to the extent such approval is 1 required by Chapter 4 of the County Code VILLAGE OF KEY BISCAYNE (CLIENT) By ri i Title Date Name PST SERVICES, INC (PER SE) By i�/G� ��G-'N���✓o� Print Name . 'Fl Title Rif. Pk15 t c2 aeyt ja 05 ,Q (°`L3 db W' Approved as to Form and Legal Sufficiency for Use and Reliance of the VILLAGE OF KEY BISCAYNE only Village Attorney Date cn P ge 5 of 13 15 / / CL1 1 1 11 fA L3 rr 1 n6 SCHEDULE 1 SCOPE OF SERVICES I Per Se Reimbursement Management Services (a) Mail either one (1) patient statement or letter to each patient if applicable (b) Enter demographic information and coding information onto the Per Se Computer System (c) Handle all accounts in accordance with standard accounting pnnciples and all applicable laws (d) Bill managed care accounts in accordance with the terms of Client s executed contracts If no contract exists bill such accounts in accordance with the rules of the state in which care was provided or if no state rules apply in accordance with Per Se s normal business procedures (e) Provide electronic transfer of demographic data from Client (f) Code each patient chart on the basis of the information provided by Client including ICD 9 Review level of service provided by the Client and convert to a CPT code (g) Provide electronic filing with Medicare Medicaid and Blue Shield and other third party payers where applicable (h) Provide electronic filing with all major insurance carriers through the Per Se Exchange or other claims cleannghouse where applicable (m) Provide electronic remittance from Medicare and all other carriers where applicable (j) Provide a toll free 800 phone number to answer phone inquiries concerning patient account information (k) Respond to inquines received by mail from patients and/or third party payers (1) Receive all payment and reimbursement notices from Client s bank lockbox and post payments to the appropriate patient account (m) Provide customized statements in Client s name (n) File primary secondary and tertiary insurance for patients and resubmit rejections and no action accounts (o) Back up data off Computer System every night and store back up tapes off site (p) Adapt to all government and third party payer policy changes (q) Provide monthly management reporting to include Total Credits for the month charge and payment analysis total and by pay class location productivity profile and summary aging payment report general accounts receivable summary Ad hoc reports containing information applicable to Client s practice only (such ad hoc reports may be subject to an additional fee) (r) Follow up on delinquent insurance accounts (s) Maintain Computer System with Computer System generated operational reports (t) If Client requests Per Se to forward its unpaid billings to a collection agency Per Se will transmit the information required by the collection agency chosen by Client either by hard copy or electronically in a mutually acceptable format as requested by such collection agency pursuant to instructions provided to Per Se by Client (u) Notify Client in writing of the monthly refund amount owed by Client for the previous month II Client Responsibilities (a) Work with Per Se to develop efficient processes which minimize disruption of Client s business (b) On a timely basis and in a mutually acceptable format provide the information necessary for Per Se to perform the Services in an efficient manner Such information should include (1) patient s name sex date of birth status (single marred other) (2) responsible party s name address telephone number employer (3) insured s name (if different from patient) sex date of birth address relationship to patient insured s employer (if group policy) insured s employer s address (4) name of insurance company address policy certificate number group policy number (5) all applicable charge documents to include level of service provided (bls alsl als2 sct etc) and the EMS transport mileage (6) copy of release of information and insurance assignment of benefits upon request by Per Se (7) HMO/PPO authorization numbers approvals (if applicable) (8) date of service chief complaint medical history and exam treatment final diagnosis and EMS notes medications given (c) Furnish and/or cause to be transmitted and mailed to Per Se no less than every other business day and within three business days of service the EMS charge ticket for each patient for whom Per Se provides the Services (d) Work with Per Se to establish electronic transmission of patients demographic and financial information (e) Provide access to one (1) or more members of Clients staff to answer questions regarding claims (f) Notify Per Se of patients who qualify for free or reduced charge services due to financial hardship (g) Send copies of workers compensation notification of compensable injury forms (h) Provide Per Se with Client s fee schedule for entry onto Per Se s Computer System prior to the Commencement Date of this Agreement Per Se will continue to update such fee schedule upon written notification to Per Se of any change to such fee schedule by Client CIDoct c isailSeta gslc / c ILo /Sett , IT 10 1 to trl IOLA1illr/1.e fk Q 0 L ct315O6 / Page 6 of 13 (1) (m) Facilitate Hospital s report distnbution of unallocated and/or unidentified funds or receipts if applicable Provide Per Se with copies of contracted agreements with managed care plans including the negotiated fee schedules (if applicable) If Client requests Per Se to forward its unpaid bilhngs to a collection agency Client shall (1) provide Per Se with wntten notice of the name and address of the collection agency chosen by Client (any contract for the provision of collection services for Client s unpaid billings shall be between Client and the collection agency chosen by Client) (2) provide Per Se with written instructions on which unpaid billings shall be forwarded to such collection agency and (3) if applicable provide Per Se with written authorization to execute documents presented to Per Se and considered necessary for the collection of Client s unpaid billings by such collection agency on Client s behalf in accordance with the written instructions of Client Client acknowledges and agrees that Client is solely responsible for the unpaid billings placed with such collection agency and further agrees to hold Per Se harmless from and against any fines or penalties incurred as a result of the placement of such unpaid billings with such collection agency subject to the express monetary limits stated in Florida Statutes Title XLV Chapter 768 Section 768 28 (5) Process refund payments due by Client to individual patients and/or carriers within thirty (30) days of Client s receipt of written notification of such refunds from Per Se C \Doc, e is I S tt Page 7 of 13 I c ILo /S it IT 1 I to tFiles OL1.1ill 11 geofI\ B ca. c t t8 15 06 / c SCHEDULE 2 SERVICE FEES A Beginning as of the Commencement Date, Client agrees to pay Per Se the Monthly Fee billable on the first (1St) day of each month as set forth below (i) an amount equal to eight percent (8 0%) of the Net Collections made by or through Per Se on Client s accounts receivable during the previous month except for Client s Medicaid accounts receivable and (u) notwithstanding any term or condition of the Agreement to the contrary Per Se s fee for the provision of Services with respect to those of Client s charges for which reimbursement from the Medicaid program is sought by Per Se on Client s behalf will be equal to eleven dollars ($11 00) per patient encounter regardless of the amount of the charges associated with any such encounter and the amount of reimbursement if any to Client from the Medicaid program with respect to such charges Client represents that it is not entitled to bill globally and instructs Per Se to bill only for the authorized Fire Rescue Transport fees component of Client s accounts receivable Net Collections means the total sum of all monies collected by or through Per Se for all transport services rendered by Client less amounts refunded or credited to a patient or third party payer as a result of overpayments erroneous payments or bad checks When unpaid billings are referred to a collection agency or law firm the amount of Net Collections will include the net amount received by Client through the efforts of the collection agency or law firm after deducting the collection agency or law firm fee The selection of a collection agency or law firm is the responsibility of Client and Client agrees to pay directly any collection agency or law firm commissions and/or fees and costs B Invoicing, Payment and Fee Change Beginning as of the Commencement Date Client agrees to pay the Monthly Fee and all other charges set forth herein within twenty (20) days of its receipt of each invoice from Per Se Late payments by Client will result in a late payment charge equal to one percent (1 0%) per month In addition to the foregoing and without waiver of its nghts under Section 11 3 of the Agreement Per Se may suspend the performance of the Services hereunder dunng any period in which invoices are past due without incurring any liability to Client Either party may request a change in the Monthly Fee in the event of a material change in legislation Client s business or other market conditions which results in a material change in either the cost associated with Per Se s provision of the Services or Per Se s anticipated revenues under this Agreement Per Se may request a change in the Monthly Fee in the event (i) Client fails to disclose to Per Se at or pnor to the time this Agreement is executed information relating to Client s practice which information if disclosed would have led Per Se to propose a higher Monthly Fee or (ii) any of the information provided by Client to Per Se upon which the assumptions set forth on Schedule 3 to this Agreement are based is or becomes inaccurate Per Se may also request an increase in the Monthly Fee annually on the anniversary of the Commencement Date of this Agreement by an amount equal to the percentage change in the Consumer Price Index for All Urban Consumers for the United States published by the United States Department of Labor Bureau of Statistics (the Index ) for the previous year If the Index is discontinued or revised during the term of this Agreement such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or replaced In the event either party requests a change in the Monthly Fee the requesting party will provide the non requesting party with ninety (90) days prior written notice (the Notice Period ) of the requested change (the Notice ) and such fee change will be effective at the end of the Notice Penod If the non requesting party provides the requesting party written notice during any such Notice Period that any such fee change request is unacceptable to the non requesting party the Agreement will terminate at the end of the Notice Period and the Monthly Fee in place at that time will remain in effect until the end of the Workout Period if any The foregoing notwithstanding if Client requests Per Se in writing to continue to provide the Services past the Notice Penod and Per Se agrees to such request then the Agreement will not terminate at the end of the Notice Period but will continue in effect until such later date as is mutually agreed upon by the parties In such event the Monthly Fee in effect beyond the end of the Notice Period (and until the end of the Workout Penod if any) will be either (i) the Monthly Fee in effect at the end of the Notice Period if Client requested the fee change or (ii) the fee proposed in the Notice if Per Se requested the fee change C Additional Fees Services Rendered Fee In the event of termination of this Agreement for any reason and the option set forth in Section 12 2 is the procedure for transfemng Client s accounts receivable to another entity pursuant to such termination for Client s accounts receivable for which Client pays Per Se a Monthly Fee based on a percentage of the Net Collections the Services Rendered Fee shall be equal to one half of the monthly fee percentage provided for on Schedule 2 to this Agreement multiplied by the aggregate outstanding accounts receivable as of the effective date of such termination multiplied by the Historical Gross Collection Percentage for the three (3) months immediately preceding the effective date of such termination No Services Rendered Fee shall apply for Client s accounts receivable for which Client pays Per Se a Monthly Fee based on a set dollar amount per transaction Historical Gross Collection Percentage is defined as an amount equal to the gross collections of Client for the three (3) months immediately preceding the effective date of termination divided by the gross charges of Client for such penod T CIDoc t d Sett I I ( IL (Stt , T to 1t ctFlcsOLAl/!!l,.cofk 8sc c t t8li06doc Page 8 of 13 SCHEDULE 3 PRACTICE ASSUMPTIONS The following assumptions are based on information Client has provided to Per Se Based on these assumptions Per Se has determined the likely collectability of Client s accounts receivable and has denved the schedule of Monthly Fees set forth in Schedule 2 of the foregoing Agreement 1 Average gross charges per month $24 000 00 2 Average Net Collections per month $12 000 00 3 Average number of procedures per month 135 4 Average number of encounters per month 67 y C Doc i t I S a sic 1 f oc 1 S it 7 I 1 1 t F l s OL1.1 /I 1 11 of A B _c_ cow t 8 15 06 10 Page 9 of 13 SCHEDULE 4 TRANSITION SPECIFICS Upon termination of this Agreement for any reason Per Se agrees to provide the following assistance to Client or Client s designated agent FORMAT • ASCII Format with delimiters identified MEDIA • direct electronic transfer or CD FILE LAYOUT • All fields identified with field length optional field and description FILE CODES Include punted lists of file codes for the following fields if applicable • Insurance company codes • Procedure codes • Diagnosis codes • Referral physician codes • Place of service codes • Type of service codes • Payment adjustment and transfer codes • Pay class codes • Bill type codes • Patient type codes • Employer codes • Marital status codes • Relationship codes • Location codes • Physician codes DIALOGUE • Programming contact to review files and to answer general questions TESTING A sample tape/CD with 100 patients to include • Demographics • Insurance • Charges • Payments FINAL TAPE A final data tape(s)/CD with all patient accounts remaining on Per Se s Computer System to include • Demographics • Insurance • Charges • Payments I C ID r e is IS it sic 1 L c l S tt m T1 1 t ct r 1 IOW/ 1 11 of lte B se co t ct 8 IS 06 loc Page 11 of 13 SCHEDULE 5 BUSINESS ASSOCIATE AGREEMENT Per Se will receive from Client protected health information ( PHI ) including electronic PHI ( ePHI ) as defined in the privacy and security regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (respectively hereinafter referred to as either the HIPAA Privacy Rule or the HIPAA Security Rule ) to perform certain practice management services ( Services ) for Client under the terms of a services agreement with such Client (the Agreement ) Therefore the parties agree to the terms and conditions of this Business Associate Agreement (the Business Associate Agreement ) as follows A PHI shall be safeguarded as follows (a) Disclosure Per Se will not use and/or disclose PHI except (1) as necessary to provide the Services described in the Agreement (2) as otherwise permitted or required by this Business Associate Agreement or as required by law (3) for the proper management and administration of its business and (4) to de identify information and perform data aggregation as defined by the HIPAA Privacy Rule Information that has been de identified and the results of data aggregation performed by Per Se together with any compilations abstracts summaries studies or other information derived from such de identified information or data aggregation shall be the sole and exclusive property of Per Se Client shall not be entitled to any revenue royalties or other compensation resulting from de identified information and the results of data aggregation performed by Per Se or any data or information derived from such de identified information or data aggregation (b) Safeguards Per Se agrees to implement appropriate safeguards to prevent the use or disclosure of PHI except as required to perform the Services or as otherwise required by the Business Associate Agreement or as required by law Also Per Se will implement administrative physical and technical safeguards that reasonably and appropriately protect the confidentiality integrity and availability of ePHI created received maintained or transmitted on behalf of Client (c) Reporting Per Se will report to Client any use or disclosure of PHI of which it becomes aware that is not provided for in the Business Associate Agreement or that is in violation of the HIPAA Privacy Rule and any applicable laws rules or regulations by Per Se its directors officers employees contractors or agents In addition Per Se will report to Client any Security Incident of which it becomes aware For purposes of this Agreement the term Security Incident shall mean the successful unauthorized access use disclosure modification or destruction of information or interference with system operations in an electronic information system storing or transmitting ePHI that is maintained by Per Se (d) Agents Per Se will require its agents including subcontractors to whom Per Se provides PHI pursuant to the Agreement to agree to the same restrictions and conditions of this Business Associate Agreement concerning PHI to implement reasonable and appropnate safeguards to protect ePHI and to report to Client any Security Incident of which it becomes aware (e) Access If applicable upon Client s written request and within a reasonable time Per Se will provide Client access to PHI in a Designated Record Set If an individual requests access to his/her PHI directly from Per Se Per Se will forward such request to Client and Client will instruct Per Se in writing to disclose the PHI to the individual to meet the requirements under 45 CFR § 164 524 Any disclosure of or decision not to disclose the PHI will be the sole responsibility of Client (f) Amendment If applicable upon Client s written request and within a reasonable time Per Se will make PHI in a Designated Record Set relating to a patient available to Client for amendment and incorporate any amendments or corrections to PHI pursuant to 45 CFR §164 526 (g) Accounting Upon Client s written request and within a reasonable time if Client requests an accounting of disclosures of PHI regarding an individual made dunng the six (6) years prior to such request Per Se will make available to Client such information in Per Se s possession at that time to make the accounting required by 45 C F R § 164 528 and Per Se agrees to implement an appropnate record keeping process to comply with the accounting and documentation of disclosure requirements under 45 CFR § 164 528 (h) Audit of Internal Practices Per Se agrees to make its internal practices books and records relating to the use and disclosure of PHI received from or created or received by Per Se on behalf of Client available to the Secretary of the Department of Health and Human Services to determine Client s compliance with the HIPAA Pnvacy Rule (1) Termination If Per Se fails to cure any material breach of this Business Associate Agreement within thirty (30) days of receipt of written notice from Client specifying default by Per Se Client may terminate this Business Associate Agreement and the Agreement immediately Upon termination of this Business Associate Agreement and the Agreement for any reason if feasible all PHI still maintained by Per Se shall be returned to Client or destroyed by Per Se If return or destruction of PHI is not feasible the protections of this Business Associate Agreement shall extend to any PHI retained by Per Se and Per Se agrees to limit further uses and disclosures of such PHI to purposes and activities such as financial or legal auditing or reporting where Per Se has a need or duty to use or disclose the PHI and for other purposes and activities such as maintenance or use of systems or databases B The terms of the HIPAA Privacy Rule the HIPAA Security Rule and all terms of this Business Associate Agreement (including all amendments) pertaining to the use and disclosure of PHI and ePHI shall be effective as of the compliance date(s) of the HIPAA Pnvacy Rule and the HIPAA Secunty Rule If there are revisions to either the HIPAA Privacy Rule or the HIPAA Security Rule the parties- agre-e to negotiate in good faith to incorporate such revisions in this Business Associate Agreement 1 CID c t !Su I I Lo I tr SIT 1 1 t tFI 101.&1711 II g fIce B c o f t315061oc Page 12 of 13 f C In the event of inconsistency between the provisions of this Business Associate Agreement and mandatory provisions of either the HIPAA Pnvacy Rule or the HIPAA Security Rule as amended or their interpretation by any court or regulatory agency with authority over either party hereto the HIPAA Privacy Rule or the HIPAA Security Rule as interpreted by such court or agency shall control Where the provisions of this Business Associate Agreement are different from those mandated in either the HIPAA Pnvacy Rule or the HIPAA Security Rule but are nonetheless permitted by such rules as interpreted by courts or agencies the provisions of this Business Associate Agreement shall control I CIDo r ?Stitt c la IL c 1Sea i sIT 1 r 1 r 'Fie IOLh1i1t /1 z of I. Bis co r cr 8 IS 06doc Page 13 of 13 RESOLUTION NO 2006-38 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING CERTAIN EMERGENCY DRAINAGE FACILITY IMPROVEMENT WORK BY MEF CONSTRUCTION, INC FOR ADJUSTMENT OF STORMWATER DRAINAGE CONNECTION, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it was necessary to engage the services of MEF Construction, Inc ("Contractor") for an emergency repair to a storm drainage system connection, and WHEREAS, it was necessary to accomplish the corrective work on an expedited basis, and accordingly it was impractical to utilize formal competitive bidding procedures, and WHEREAS, the Village Council hereby finds that pursuant to Village Code Section 2-85, competitive bidding is hereby waived for the above-descnbed purchasing transaction, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed in accordance with this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Payment Authorized That payment in the amount of $41,565 00 is hereby authonzed to be made to the Contractor for the above-descnbed work Section 3 Implementation That the Village Manager is hereby authonzed to take any and all action which is necessary to implement this Resolution, and the purchasing transaction Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof, and the transaction is hereby ratified and confirmed PASSED AND ADOPTED this 5th day of September, 2006 1°-L/ C 1 / L - MAYOR ROBERT OLDAKOWSKI AT Ad4,,,Aa CONCHITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS 0 FORM AND LEGAL SUFFI VILLAGE ATT Y F \100\103001\Resolutions\Resolution approving payment to MEF Construction Inc 8 31 06 2 RESOLUTION NO 2006-39 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FURTHER PROCUREMENT OF ENGINEERING SERVICES INCLUDING SURVEY, DESIGN, PERMITTING, BIDDING AND CONSTRUCTION ADMINISTRATION ENGINEERING SERVICES FOR DRAINAGE IMPROVEMENT PROJECT (THE "PROJECT") FOR WOODCREST ROAD, GLENRIDGE ROAD AND BUTTONWOOD DRIVE (EAST AND WEST), FROM THE FIRM OF TETRA TECH, INC (FORMERLY KNOWN AS WILLIAMS HATFIELD & STONER), PROVIDING FOR APPROVAL OF WORK AUTHORIZATION PURSUANT TO CONTINUING CONTRACT, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolution No 98-34, the Village of Key Biscayne entered into a senes of continuing contracts with engmeenng firms for necessary services, and WHEREAS, the engmeenng firm of Williams Hatfield & Stoner, now known as Tetra Tech, Inc (the "Engineer") is under a continuing contract to the Village as authorized by Resolution No 98-34, and WHEREAS, the Village finds that it is in the best interest of the Village to utilize the Engineer for the purpose of performing all necessary engmeenng services for the drainage improvement project, which includes Woodcrest Road, Glenndge Road and Buttonwood Dnve (East and West), (the "Project"), in accordance with the attached Work Authonzation and with the Village Manager's Memorandum, which accompanies this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2 Work Authorized, Specification of Funds That pursuant to the existing continuing contract between the Village and the Engineer, the performance of additional engineenng services for survey, design, permitting, bidding and construction administration services for the Project is hereby authonzed, subject to the funding source and any limitation set forth in the above - referenced Village Manager's Memorandum Section 3 Agreement Approved That the Village Manager is hereby authonzed to execute the Work Authonzation in substantially the form attached hereto, for the Engineenng work authonzed hereunder between the Village and the Engineer, once approved by the Village Attorney as to form and legal sufficiency Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action which is necessary to fully implement the purposes of this Resolution and the Work Authonzation Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 5th day of September, 2006 MAYOR ROBERT OLDAKOWSKI AT 1e 4, CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO VILLAGE ATTORN ORM AND LEGAL SUFFICIENCY 103 001/Resolutions/Authorizing f her engineering services 8 31 06 2 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert Oldakowski, Mayor Robert L Vernon, Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez DATE August 21 2006 TO Honorable Mayor and Members of the Village Council FROM Jacqueline R Menendez, Village Manag RE Drainage Improvement Project RECOMMENDATION It is recommended that the Village Council approves the proposal submitted by Tetra Tech Inc for the Drainage Improvement Project for Woodcrest Road Glenridge Road and Buttonwood Drive (East and West) in the Village of Key Biscayne as per their analysis attached hereto BACKGROUND Tetra Tech, Inc (formerly known as Williams Hatfield & Stoner) is the engineering firm who developed, designed and administered the construction of the VKB Stormwater Master Plan The engineenng fee for this project is sixty one thousand dollars ($61,000 00) The drainage improvements will consist of installing a senes of inlets and pipes that connect to an existing deep drainage well installed under a previous project The services provided will be the following • Surveying the areas • Permitting • Design • Bid/Award Process • Construction Administration/Inspection The funding for this project is a matching state grant covering fifty (50%) percent of the costs incurred during this project The remaining funds will come from the capital outlay fund cc Randy White Village Finance Director David M Wolpin Esq Village Attorney 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybzscayne fl gov TETRA TECH, INC. June 16, 2006 Mr Armando Nunez Public Works Director Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Mr Nunez Village of Key Biscayne Drainage Improvements For Woodcrest Road, Glenridge Road, and Buttonwood Drive (East and West) Professional Services Fee Proposal Tetra Tech, Inc is pleased to present this professional services fee for the Drainage Improvements Project for Woodcrest Road, Glenndge Road, and Buttonwood Drive (East and West) TetraTech, Inc (formerly known as Williams Hatfield & Stoner) has been providing professional engmeermg services for the Village of Key Biscayne (VKB) for over ten (10) years We developed the VKB Stormwater Master Plan and designed and administered the construction for virtually all of the dramage improvements that exist within the VKB city limits today The drainage improvements for Woodcrest Road and Glenridge Road areas will consist of mstallmg a series of inlets and pipes that connect to an existing deep drainage well mstalled under a previous project The drainage improvements for Buttonwood Drive (Fast and West) will consist of similar components, except a new deep drainage well will need to be installed for this portion of the project Our Fee includes surveying the areas permitting the new dramage system at Buttonwood Drive, developing construction documents for the dramage improvements assisting with the Bidding, and providing construction services We have attached our Proposed Schedule to perform this work, and have mcluded duration of time estimated for bidding, award and construction Our proposed fee for professional services is detailed below Topographic Survey $6,000 Permitting $2,500 Design $26,000 Bid/Award $1,500 Construction Administration/ Inspection $25.000 Fee Total $61,000 We look forward to working with the Village on the Project Geotechmcal and Soils Testing will be billed directly to the Village on a pass through basis Respectfully, Andrew Kacer, P E Senior Project Manager TetraTech Inc 201 West Canton Avenue, Suite 125 Winter Park, Flonda 32789 Voice 407 644 0857 Fax 407 644 7544 Cell 352 279 4979 TETRA TECH, INC VILLAGE OF KEY BISCAYNE FOR DRAINAGE IMPROVEMENTS AT WOODCREST ROAD, GLENRIDGE ROAD, AND BUTTONWOOD DRIVE PROJECT SCHEDULE TASK DAYS DATES DESIGN NTP 1 TBD SURVEY 21 DESIGN 60 BIDDING 30 AWARD 30 CONSTRUCTION 120 Prepared By Andrew Kacer, FL PE No 44720 TetraTech Inc 201 West Canton Avenue Suite 125 Winter Park Florida 32789 Voice 407 644 0857 Fax 407 644 7544 CeII 352 279 4979 RESOLUTION NO 2006-40 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE PROPOSED MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 5, 2006, the Village Council adopted Resolution No 2006-29 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2006 and further scheduled the public heanng required by Section 200 065 of the Flonda Statutes to be held on September 12, 2006 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 12, 2006 at 7 00 p m , at 560 Crandon Boulevard, Key Biscayne, Flonda, as required by Chapter 200 of the Florida Statutes, and WHEREAS, said public hearing, as required by Section 200 065(2)(c), was held by the Village Council on September 12, 2006, commencing at 7 00 p m , as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regarding the proposed millage rate and having complied with the "TRIM" requirements of the Flonda Statutes NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the proposed millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 2006 through September 30, 2007, be and is hereby fixed at the rate of 3 606 mills which is $3 606 dollars per $1,000 00 of assessed property value within the Village of Key Biscayne Section 2 That the rolled -back rate is 2 752 mills and the proposed millage rate is 3 606 mills which is 31 03% over the rolled -back rate Section 3 That a final public heanng to adopt a millage rate and budget for the fiscal year commencing October 1, 2006 through September 30, 2007 be and is hereby set at the Council Chamber, 560 Crandon Boulevard, Key Biscayne, Flonda, on Tuesday, September 26, 2006, at 7 00 pm Section 4 That the Village Clerk be and is hereby directed to advertise said public hearing as required by law Section 5 That this resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 12th day of September , 2006 lGo cam, a L — MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AT • FORM AND LEGAL SUFFICIEN VILLAGE A T9' Y -2- RESOLUTION NO 2006-41 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND WALLACE ROBERTS AND TODD, LLC CONCERNING PROVISION OF PROFESSIONAL PLANNING SERVICES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council, pursuant to the recommendation of the Village Manager, desires to enter into an Agreement for Professional Services (the "Agreement") with Wallace Roberts and Todd, LLC ("Consultant"), and WHEREAS, upon advice of the Village Attorney, the Village Council finds that this Agreement is exempt from competitive bidding as a professional service contract pursuant to Village Code Section 2-87(2), and WHEREAS, the Village Council finds that the approval of the Agreement is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved. That the Agreement between Consultant and Village is hereby approved and the Village Manager is hereby authonzed to execute the Agreement, attached hereto as Exhibit "A", on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3 Implementation That the Village Manager is hereby authonzed to take any and all action which is necessary to implement the Resolution and Agreement Funding for the Agreement shall be provided as indicated in the Village Manager's Memorandum which accompanies this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 12th day of September, 2006 /(A:)i c cut. (4 C__:___. MAYOR ROBERT OLDAKOWSKI ATT, (go? NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTO 103 001/Resolutions/Profes • nal rvices Agreement for Planning Stud Roberts Planning & Design September 11, 2006 Jud Kurlancheek, Director Building, Zoning and Planning Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Re Agreement — Sonesta Site Development Analysis Philadelphia Coral Gables Dear Jud Dallas Lake Placid Based on our discussions this morning, we are pleased to indicate our interest in San Diego assisting the Village in analyzing the Sonesta site and current development proposals San Francisco The intent is to conduct an objective analysis of the existing zoning and the three "proposals" presently on the table — i e the developer proposal / submission, along with two alternatives proposed by resident groups, sufficient to allow all parties to understand their ramifications and differences This analysis will focus on the cntena of setback, height, bulk, density and intensity Further the intent is to develop a preliminary set of "development cntena" (or guidelines) that are reasonable given the site context Scope of Services 1 Review existing zoning and comprehensive plan recommendations for the HR distnct (Sonesta and Silver Sands properties only), with an emphasis on understanding existing development cntena/requirements for setbacks, height, bulk, density and intensity 2 Conduct interviews with representatives of the developer team and the two resident groups that have proposed alternative development cntena for the site to understand their respective proposals 3 Conduct a site reconnaissance of the Sonesta site and adjacent properties to understand the context within which the proposed development will occur 4 Analyze the developer proposal and the two sets of alternative development cntena proposed by resident groups to identify the development cntena on which the proposals differ / concur C \Documents and Settings\calvarez\Local Sett ngs\Temporary Internet Flies \OLK17\WRT HR SCOPE OF SERVICES 091206 doc Wallace Roberts & Todd LLC 191 Giralda Avenue Penthouse Coral Gables FL 33134 305 448 0788 www wrtdesign com fax 305 443 8431 September 11, 2006 Page 2 5 Based on the outcome of the preceding tasks, develop preliminary ideas regarding appropnate development cntena for the Sonesta and Silver Sands sites (may or may not reflect existing zoning, or one or another of the three "alternatives") 6 Prepare a summary memorandum including tables, matrices and/or diagrammatic illustrations by which to compare the three "alternatives" and WRT's preliminary development cntena 7 Conduct one workshop with City Council, or group designated by Council to review the results of tasks 1-5 Meetings Dunng the timeframe of the project it is anticipated that several working meetings will be conducted with Village staff to review and discuss the work in progress Public presentations, community workshops beyond the workshop proposed with Council in task 7 will be undertaken as requested and as an additional service Timeframe We understand the need that the work of this project be completed promptly Consequently, tasks 1 — 6 will be completed within 60 days of notice to proceed Personnel The Scope of Services will be performed by Alyn Pruett, AIA — Pnncipal-in-Charge, , and Silvia Vargas, AICP for analytical support In addition, we will engage one or more persons from our Coral Gables or Philadelphia offices for graphic depictions Direct Expenses It is anticipated there will be minimal direct expenses for the above -listed tasks The memorandum product in task 6 will be produced in 12 hard copies The Village will also receive an electronic file of the memorandum in a mutually agreed -upon electronic format Additional services Services other than those listed above are not included in the scope or fee for this effort Additional services may include zoning code research, site plan studies, 3-D illustrations of proposed site development alternatives or other Such services shall be compensated for on an hourly billing or lump sum basis as may be mutually agreed C \Documents and Sett ngs\calvaiez\Local Settings\Temporary Internet Files\OLK17\WRT HR SCOPE OF SERVICES 091206 doc September 11, 2006 Page 3 Project Level of Effort / Costs The following is a breakdown of our estimated labor and direct expenses Labor Tasks One Two Three Four Five Six Seven Total Hourly Rates Total Labor Cost Hours Principal Associate Tech Support Estimate of Direct Expenses* (*printing, reproduction etc ) Total Project Costs 20 60 20 40 120 20 40 32 60 80 20 36 0 32 0 160 80 108 $227 $110 00 60 00 80 24 0 32 0 120 82 $85 $ 26,114 $ 500 $ 26,614 C \Documents and Sett gs\cal are \Local Settings\Tempo ary Internet Files\OLKl7\WRT HR SCOPE OF SERVICES 091206 doc September 11, 2006 Page 4 Terms WRT will invoice the Village monthly on the basis of time expended at Consultant's standard hourly rates hsted above, plus all direct expenses for pnnting, reproduction, photography, postage, courier, and other matenals necessary for the performance of the work, billed at actual cost The cost for labor shall not exceed $ 26,114, unless approved by the Village, or unless the Village requests services, meetings or other items beyond those descnbed in the proposed scope of services WRT will monitor its costs and notify the Village if it expects that this cost limit will be exceeded and, upon such notification, halt further expenditures until a modification to the upset hmit, or scope of work shall be approved by the Village Kindly indicate the acceptance of the proposed scope, timeframe, and other terms by signing below and returning one copy of the executed agreement for our files We look forward to the opportunity to be of service to the Village on this most important assignment Sincerely, c 7.41:r 74 C Alyn AIA� Pnncipal Accepted by Village of Key Biscayne 7 it E Fernsler, AIA cipal qra/off Dade C \Documents and Sett ngs\cal arez\Local Settings \Tempoi a y Internet Files \OLK17\WRT HR SCOPE OF SERVICES 091206 doc RESOLUTION NO 2006-42 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 200 065 of the Flonda Statutes, the Property Appraiser has made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne, and WHEREAS, on July 5, 2005, the Village Council adopted Resolution No 2006-29 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2006 and further scheduled the public heanngs required by Section 200 065 of the Florida Statutes to be held on September 12 and 26, 2006 at 7 00 p m , and WHEREAS, the public heanngs, as required by Section 200 065(2) (c) and (d), were held by the Village Council on September 12 and 26, 2006, commencing at 7 00 p m , as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regarding the final millage rate and having complied with the "TRIM" requirements of the Flonda Statutes NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the final millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 2006 through September 30, 2007 be and is hereby fixed at the rate of 3 45 mills which is $ 3 45 dollars per thousand dollars of assessed property value within the Village of Key Biscayne Section 2 That the rolled -back rate is 2 752 mills and the final millage rate is 3 45 mills which is 25 36 percent over the rolled -back rate Section 3 This resolution shall be effective immediately upon its adoption by the Village Council PASSED AND ADOPTED this 26th day of September , 2006 46 01.1%4,1_, MAYOR ROBERT OLDAKOWSKI ATTWA laC/a8J. b NCHTI'A H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC !r VILLAGE ATTOR1 Y RESOLUTION NO 2006-43 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING CHANGE ORDER FOR CONSTRUCTION CONTRACT BETWEEN THE VILLAGE AND M VILA AND ASSOCIATES, INC, IN ORDER TO PROVIDE FOR CRANDON BOULEVARD IMPROVEMENTS — PHASE III, PROVIDING FOR APPROVAL OF CHANGE ORDER TO EARLIER PHASE CONTRACT FOR CONSTRUCTION, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to public bidding process, the Village previously entered into a contract for construction of Crandon Boulevard Improvements — Phase II with M Vila and Associates, Inc , and WHEREAS, subsequently, the Village sohcitated competitive bids for the construction of Crandon Boulevard Improvements — Phase III (the "Project"), and WHEREAS, no responsive bid was received by the Village concerning the construction of Crandon Boulevard Improvements — Phase III, with the only bid submitted having been found by the Project Engineer to be non -responsive and having herein been rejected as irregular and non- responsive by this Council, for failure of such bid to list the subcontractors which are necessary for electncal — signahzation work and for imgation — landscaping work, both being essential specialty contractor components of the Project, and WHEREAS, pursuant to Section 255 20(1)(c)(2), Flonda Statutes, the mandatory competitive bidding requirements of that statute are rendered non -applicable where, as here, competitive bids are solicited but no responsive bid is received, and WHEREAS, further, the Village Council finds, upon advice of the Village Attorney, that the Village Council may waive the competitive bidding required by the Village Code pursuant to Village Code Section 2-85, upon the Council finding, as is hereby found, that it is impractical to again apply such competitive bidding procedures in light of the need to expeditiously commence and complete the Crandon Boulevard Improvements — Phase III, and that further efforts at competitive bidding are not otherwise mandated by state law, as descnbed above, and WHEREAS, the Village Project Engineer and Owner's Representative have successfully negotiated a proposed change order with M Vila and Associates, Inc , the Crandon Boulevard Improvements — Phase II contractor (the "Contractor"), for the extension of the services of the Contractor for the Crandon Boulevard Improvements — Phase III, as descnbed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved, Specification of Funds, Conditions A Change Order Approved That the Change Order to the Contract for Construction (the "Agreement"), in substantially the form attached hereto, between the Contractor and the Village for construction of the Project is hereby approved, and the Village Manager is hereby authonzed to execute the Agreement on behalf of the Village, once approved as to form and legal sufficiency by the Village Attorney, and subject to the provisions and conditions of this Resolution B Funding Source That funding for the Project shall be provided in accordance with the Village Manager's Memorandum which accompanies this Resolution The initial financing for 2 the Project shall be pursuant to funds borrowed by the Village pursuant to borrowing Ordinance and the implementing loan Resolution applicable to such borrowing Ordinance, pending the receipt of County funds by the Village from toll revenues provided pursuant to Section 338 165, Flonda Statutes, with such County funds to be utilized for the payment of the annual debt service on the applicable loan C Conditions That the Agreement shall be subject to the condition precedent that Village funds are available and budgeted for the accomplishment of the Work for this Project, and that the Village secures and obtains any necessary loans for the accomplishment of this Project pursuant to a borrowing enabling Ordinance and any loan implementing Resolution adopted by the Village Council Further, the approval of the Agreement shall be subject to the following conditions, which shall be incorporated into the Agreement by reference, as follows (i) Contractor agrees that in the event that a referendum or initiative measure is adopted at an election by the majonty of the electors of the Village voting on such measure, which repeals the Village's June 27, 2006, Crandon Boulevard Improvements —Phase III Capital Project Authonzing Ordinance (Ordinance No 2006-4) or otherwise operates to prohibit the construction of the Project in accordance with the Plans, the Village Council shall have the authonty, within thirty (30) days after any such event, to terminate the Contract by providing wntten notice of termination to the Contractor In the event of such termination, the Village shall not be liable to Contractor for payment of any supplemental compensation, penalties, damages, loss of profits, termination fee or demobilization fee as a result of such termination, and the Contractor shall only be paid by the Village in accordance with the Contract, for the portion of the Work for the Project which has been performed by Contractor up to the time of notice of termination of the Contract The Contractor shall be entitled to recover from the Village payment for proven loss with respect to matenals, equipment, tools, and construction equipment and machinery, including reasonable overhead, and profit earned on the Project pnor to the date of termination (n) In the event that a referendum or initiative measure is adopted at an election by the majonty of the electors of the Village voting on such measure, which repeals the Village's anticipated Crandon Boulevard Improvements -Phase III 3 Revenue Bond Loan Ordinance or otherwise operates to prohibit the financing for the construction of the Project in accordance with the Plans, the Village Council shall have the authonty, within thirty (30) days after any such event, to terminate the Contract by providing wntten notice of termination to the Contractor In the event of such termination, the Village shall not be liable to Contractor for payment of any compensation, penalties, damages, loss of profits, termination fee or demobilization fee as a result of such termination, and the Contractor shall only be paid by the Village in accordance with the Contract, for the portion of the Work of the Project which has been performed by Contractor up to the time of notice of termination of the Contract The Contractor shall be entitled to recover from the Village payment for proven loss with respect to matenals, equipment, tools, and construction equipment and machinery, including reasonable overhead, and profit earned on the Project pnor to the date of termination Section 3 Implementation. That the Village Manager is hereby authonzed to take any action which is necessary to implement the purposes of this Resolution and the Agreement Section 4 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of October , 2006 MAYOR ROBERT OLDAKOWSKI AT /0?0/ HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGETTO 103 001/Resolutions/Akprcval of change order construction contract M Vila 8 10 06 4 CHANGE ORDER NO 2 Project Crandon Boulevard Improvements Phases 11 1 111 Owner Village of Key Biscayne 88 West McIntyre Street Key Biscayne Flonda 33149 Contractor M Vila & Associates Inc 12097 NW 98th Avenue Hialeah Gardens F arida 33018 Contract for Project involves full streetscape construction including drainage curbin sidewalks paver installation landscaping tmgation signalization modifications bus shelters and electrical work Date of Issuance 10 Oct 06 Engineer Corzo Castella Carbalio Thompson Selman P A 901 Ponce de Leon Boulevard Suite 900 Coral Gables FL 33134 Engineer s Project No 01108 007/010 You are hereby directed to make the following changes in the Contract Documents Description Add Phase III Crandon Boulevard Imparovements (Project No 01108 010 including Addendun No 1) to the contract This change order is subject to each of the conditions which are expressly stated in the Village Council Resolution which approved this Change Order as if set out in full herein Summary of Additional Work Work for this Change Order comprises work to be perormed art the project entitled Crandon Bou evard Improvements Phase 111 (Project No 01108 010 including all of Addendum #1 except for sidewalk art at seven minipiazas) from Bill Baggs Gape Florida State Park to Galen Drive/McIntyre Street Key Biscayne Florida as shown described and detailed vtiithrn the project manual and on the project plans and specifications The improve rents include pavement widening curb and gutter drainage modifications sidewalk pavers asphalt resurfacing signalize ion lighting pavemen+ marking and signage landscaping imgation and street furniture Purpose of Change Order To incorporate the final phase of Crandon Boulevard Improvements (from Bill Baggs Cape Florida State Park to McIntyre Street) into the Village s construction contract with the Phase i1 Contractor M Vila & Associates Inc The Phase II final completion schedu ed date will remain 10/14/06 (60 days after substantial completion) If Phase II is not complete by that date $500 per calendar day liquidated damages will apply When Phase 11 is complete and accepted by the Village the phase II reta►nage amount will be released to M Vila & Associates Inc Attachments (List of documents supporting change) 1 Spreadsheet of nego rated price with M Via (09/01/06) CHANGE IN CONTRACT PRICE Original Contract Price $4 778 621 35 0 iginal Contract Time CHANGE IN CONTRACT TIME 330 DAYS Previous Change Orders Net Change from Previous Orders 67 DAYS $0 00 Con ract Pnce Prior to this Chang Order $4 778 621 35 Contract Time Prior to this Change Order ,.97 DAYS Net Increase of this Chang Order $4 892 182 89 Nat Increase of this Change Order 356 DAYS Con ract Price with all approved Change Orders $9 670 804 24 Contract T me with all approved Original Contract Completion New Contract Completion date Change Orders date 753 DAYS 619/2006 61612007 Recommend Approval Appro d Approved 1 Engineer Ramon Castella P E Owner Jacqueline Mene z Village Manages Contractor Miguel Vila L /Clerical/Protects/1108 007 00101Mlscellaneous/ChangeOrder #2 xis Page 1 of 1 09/0112006 14 11 3058260004 M VILA & ASSOCIATES PAGE 02 NEGOTIATED PRICE WITH: M VILA Village of Key Biscayne Crandon Blvd Improvements Phase III QTY Unit M Vila Proposed Unit Prices Total Roadway & Drainage (RD) Items RD -1 STANDARD CLEARING & GRUBBING 1 LS $ 72,187 19 $ 72,187 19 RD -2 DEMOLITION OF EXIST DRAINAGE SYTEMS 1 LS $ 8 830 00 $ 8 830 0 RD -3 DEMOLITION OF EXIST CONC SWK 36 960 SF $ 1 70 $ 62,832 00 RD -4 DEMOLITION OF CONCRETE CURB & GUTTER 6,510 LF $ 3 40 $ 22 134 00 RD -5 TRANSPLANT EXIST GROUNDCOVER 6 107 SF $ 1 50 $ 9,160 50 RD -6 TRANSPLANT EXIST TREE 73 EA . $ 771 00 $ 56 283 00 RD -7 MANHOLE & VALVE ADJUSTMENT 1 LS $ 215 00 $ 215 00 RD -8 PAVEMENT MILLIG (1"DEPHT) 22,591 SY $ 2 20 $ 49 700 20 RD -9 S-3 ASPHALT OVERLAY (1" DEPHT) 22 591 SY $ 5 00 $ 136,546 00 RD -10 NEW PAVEMENT (3" S-3, 8" LIMERK 12" STAB) 1,793 SY $ 63 00 $ 112,959 00 RD -11 BACK OF SWK & RESTORATION 1 LS $ 28100 00 $ 28 100 00 RD -12 GRAVITY WALL & ALUMN RAIL 445 LF $ 160 00 $ 71,200 00 RD -13 Guardrail along Pine Tree Canal 495 LF $ 31 00 $ 15 345 00 RD -14 TYPE "F" COLORED CONCRETE CURB & GUTTEF 9,606 LF $ 22 75 $ 218 513 75 RD -15 COLORIZE EXIT TYPE "F" CURB 4,786 LF $ 7 50 $ 35,895 00 RD -16 TYPE "D" COLORED CURB 473 LF $ 14 70 $ 6 953 10 1 RD -17 3 FT WIDE COLORED VALLEY GUTTER 1,550 LF $ 27 25 $ 42237 50 RD -18 COLORED TRAFFIC SEPARATOR 525 SF $ 7 90 $ 4,147 50 RD -19 COLORED SWK (4" THICK 6") 81 876 SF $ 6 00 $ 491,256 00 RD -20 PAVER CROSSWK (2' THICK) 60,367 SF $ 15 00 $ 905 505 00 RD -22 CONVERT EXIST CATCH BASIN TO COLOREQ P 15 EA $ 3,555 00 , $ 53 325 00 RD -23 ,CONVERT EXIST CB to MH 4 EA $ 2 133 00 $ 8,632 00 RD -24 TYPE "P" MANHOLE 3 EA $ 4,934 00 $ 14802 00 RD -25 TYPE "J" MANHOLE 2 EA $ 6 594 00 $ 13,188 00 RD -26 TYPE V -A" OR "V -B" CATCH BASIN 4 EA $ 6,257 00 $ 25,028 00 RD -27 TYPEP" CATCH BASIN 1 EA $ 2 993 00 $ 2 993 00 RD 28 DROP INLET 1 EA $ 2,919 00 , $ 2 919 00 RD -29 TYPE "P-5" CATCH BASIN 1 EA $ 7,071 00 $ 7,071 00 RD -30 TYPE P-2 CATCH BASIN 3 EA $ 7,796 00 $ 23,388 00 RD -31 TYPE "J-2 CATCH BASIN 1 EA $ 10,660 00 $ 10,650 00 RD -32 CONNECT TO EXIST 24 PIPE 3 EA $ 3,855 00 $ 11,565 00 RD -33 CONNECT TO EXIST 48" PIPE 5 EA $ 3,865 00 $ 19,275 00 RD 34 15 RCP 398 EA $ 78 00 $ 31,044 00 RD -35 24 RCP 502 LF $ 103 00 $ 51 706 00 RD -36 36" RCP 250 LF $ 145 00 $ 36 250 00 RD -37 CORE DRILL EXISTS STRUCTURE 2 EA $ 1 454 00 $ 2,908 00 SUBTOTAL $ 2,683,643 74 Pavement Marking & Signing (PMS) Items PMS 1 R-1-1 STOP SIGN INCL ST NAME 2 EA $ 375 00 $ 760 00 PMS-2 6" WHITE (10-30 SKIP) THERMO STRIPE 1,230 LF $ 0 70 $ 861 00 .PMS-3 ,6 WHITE THERMO STRIPE 7,200 LF $ 0 70 $ 5,040 00 PMS-4 6" YELLOW THERMO STRIPE 6 255 LF $ 0 70 $ 4,378 50 PMS-5 6" DBL WHT OR YLLW THERMO 500 LF $ 1 40 $ 700 00 PMS-6 6' WHITE (2 -4' SKIP) THERMO STRIPE 1 100 LF $ 0 70 $_ 770 00 PMS-7 8' WHT THERMO STRIPE 605 LF $ 1 00 $ 645 00 PMS-8 1a YELLOW THERMO STRIPE 240 LF $ 1 80 $ 432 d0 PMS-9 24 WHT THERMO STRIPE 353 LF $ 2 95 $ 1 041 35 03/01/2006 14 11 3058260004 M VILA & ASSOCIATES PAGE 03 PMS-10 BICYCLE LANE THERMO SYMBOL 19 EA $ 225 00 $ 4 275 00 PMS--11 BUS / ONLY THERMO MESSAGE 1 EA $ 95 00 $ 95 00 PMS-12 LEFT TURN, RUGH TURN THERMO ARROW 27 EA $ 45 00 $ 1 215 00 PMS-13 R2-1 SPEED LIMIT SIGN 4 EA $ 175 00 $ 700 00-+ PMS-14 W11-2 SIGN 16 EA $ 175 00 $ 2,800 00 PMS-15 W6 -3a Sign Assembly 5 EA $ 175 00 $ 875 00 PMS-16 W16-7 SIGN 16 EA $ 175 00 $ 2 800 00 PMS-17 R3-17 SIGN 13 EA $ 185 00 $ 2,405 00 PMS-18 R4-7 SIGN 11 EA $ 175 00 $ 1 925 00 PMS-19 R7 -4c SIGN 7 EA $ 176 00 $ 1 225 00 PMS-20 D3-1 SIGN 4 EA $ 376 00 $ 1 500 00 PMS-21 RPM 1 LS $ 4,250 00 $ 4,250 00 PMS-22 REMOVAL & RELOCATION OF EXIST SIGNS 1 LS $ 2,500 00 $ '2,500 00 SUBTOTAL _ $ 41,142 85 Signalhzation (SG) Items SG -1 SIGNAL MODIF @ CRANDONM! MCLNTYRE 1 LS $ 82 143 00 $ 82L143 00 SG -2 SIGNAL MODIF 0 CRANDON / W WOOD 1 LS $ 161 903 00 $ 161 903 00 SG -3 SIGNAL MODIF @ CRANDONIW MASHTA 1 LS $ 90 490 00 $ 90 490 00 Electrical (E) Items E-1 RELOCATE EXIST ST LIGHT POLE 15 EA $ 6,_376 67 $ 95,650 05 E-2 ELECTROSTATIC REPAINTING 67 EA $ 1 423 88 $ 95,399 96 E-3 F & 1 NEW ST LIGHT FIXTURE 67 EA $ 1 716 42 $ 115 000 14 E-4 NEW PULL BOX 52 EA $ 953 85 $ 49,600 20 SUBTOTAL $ 590,186 35 Landscaping 1 !Mattison Items LI 1 LIVE OAK TREE (to be purchase & delivery by ViIIa9E 171 EA $ 401 05 $ 68 679 55 LI-2 COCOPLUM 674 EA $ 9 03 $ 6,086 22 LI-3 WHITE STOPPER 212 EA $ 42 10 $ 8 937 92 LI-4 MEDJOOL DALE PALM 5 EA $ 6 500 00 3 32 500 00 LI-5 COCONUT PALM 20 EA $ 1 550 00 $ 31 000 00 L1 6 ALEXANDER PALM 314 EA $ 213 60 $ 67 070 40 LI-7 SABAL PALM 17 EA $ 145 88 $ 2 479 96 LI-8 INDIAN HAWTHORNE 4 668 EA $ 8 10 $ 37 810 80 LI-9 ANNUALS- IMPATIENTS 2 500 EA $ 1 81 $ 4 625 00 LI-10 'PAINTING ST AUGUSTINE FLORATAM SOD 1 LS $ 24 868 00 $ 24 868 00 L1-11 SOIL & MULCH 1 LS $ 12,933 00 $ 12,933 00 LI-12 F & I COMPLETE IRRIGATION 1 LS $ 123 380 00 $ 123,380 00 SUBTOTAL $ 420,170 85 General Items G-1 MOBILIZATION 1 LS $ 267,192 29 $ 267,192 29 G-2 EROSION, SEDIMENTATION & DUST CTRL 1 LS $ 34 750 00 $ 34,750 00 G-3 MAINTANCE OF TRAFFIC 1 LS $ 179 185 41 $ 179 185 41 G-4 PERFORMANCE & PAYMENT BOND 1 LS $ 5,650 00 $ 5,650 00 G-5 SAFETY ACT 1 LS $ 2 820 00 $ 2,820 00 G-6 ADVANCE EXPLORATION 1 LS $ 6,171 00 $ 6 171 00 G-7 RECORDS AS BUILT DRAWINGS 1 LS $ 5 400 00 $ 5 400 00 G-8 CONTIGENCY 1 LS $ 150 000 00 $ 150 000 00 SUBTOTAL $ 551 168 70 Additive Bid Alternate # 1 1 REMOVAL OF NON-NATIVE TO WATER'S EDGE 1 ALL $ 8 560 00 $ 8 660 00 2 COCONUT PALMS IN MEDIANS 101 EA $ 1,550 00 $ 156,550 00 3 ALEXANDER PALM IN MEDIANS ' 247 EA $ 213 60 $ 52 75920 4 INDIAN HAWTHORNE IN MEDIANS 1 602 EA $ 8 10 $ 12 976 20 5 REPLACE EXIST IRRIGATION IN MEDIANS 1 LS $ 40,000 00 $ 40,000 00 6 SOLID METAL BENCH 15 EA $ 3 59390 _ $ 53,895 00 7 TRASH RECEPTABLE 14 EA $ 1 820 00 $ 25,480 00 8 WATER FOUNTAIN 1 EA $ 11,500 00 $ 11,500 00 09/01/2006 14 11 3058260004 M VILA & ASSOCIATES PAGE 04 9 PET WASTE STATION 7 EA $ 1,105 00 $ 7,735 00 10 NEWSPAPER VENDING 2 EA $ 18 900 00 $ 37 800 00 11 BUS STOP 3 EA $ 6,205 00 $ 18 615 00 SUBTOTAL ' $ 425,070 40 .$ 4,892,182.89 ! RESOLUTION NO 2006-44 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE AND HENNY GROSCHEL-BECKER FOR COMMUNICATION CONSULTING SERVICES, AUTHORIZING VILLAGE MANAGER TO EXECUTE AND IMPLEMENT THE AGREEMENT, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council finds, upon recommendation of the Village Manager, that it is in the best interest of the Village to utilize the services of Henny Groschel-Becker (the "Consultant"), for professional communication consulting services, and WHEREAS, the Village Council finds that approval of the Agreement between the Village and Consultant is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recital Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2. Agreement Approved. That the Professional Services Agreement, in substantially the form attached hereto, is hereby approved, and the Village Manager is authonzed to execute the Agreement, on behalf of the Village, once approved as to form and legal sufficiency by the Village Attorney Section 3. Implementation That the Village Manager is hereby authonzed to take any action which is necessary to implement the Agreement and this resolution Section 4 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 24th day of October , 2006 Aoci•tu-e MAYOR ROBERT OLDAKOWSKI AT la(461° CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T • FORM AND LEGAL SUFFICIENCY VILLAGE AT 0 F \100\103001\Resolutions\Resolution approving agreement between Village and H Groschel Becker doc 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the "1 day of NOKrIftef 2006 b, by between the Village of Key Biscayne Dade County, Florida, party of the first (Hereinafter called `Village ), and Henny Groschel-Becker, Ph D , party of the second part (Hereinafter called CONSULTANT ) RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services as described in accordance with paragraph 1 scope of services to this Agreement ( Specified Services ) The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to perform the Specified Services upon request from the Village Manager in CONSULTANTS Proposal (the Proposal ) a copy of which is attached hereto and incorporated herein as Exhibit A 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for performance of the Specified Services provided in accordance in Exhibit A in an amount not to exceed Forty -Five Thousand five Hundred Dollars ($45 500) as detailed in the Proposal 3 TERM The term of this agreement is from October 1 2006 to September 30 2007 unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9 4 GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to amend the scope of services with appropriate adjustments to the contract price 5 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT 6 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT, warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 7 TERMINATION This Agreement may be terminated by the VILLAGE upon ten days written notice with or without cause and may be terminated by the CONSULTANT upon ten days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination 8 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE S sole and absolute discretion 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire Agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for Village hereunder 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal State and local laws necessary to perform the Specified Services 11 ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs This provision shall exclude all litigation resolved by agreement of the parties 'h2 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village With a copy to CONSULTANT Jacqueline R Menendez Village Manager 88 West McIntyre Street Key Biscayne Florida 33149 Village Attorney Weiss Serota & Helfman Pastonza Cole & Boniske P A 2665 South Bayshore Drive Suite 420 Miami Florida 33133 Henny Groschel-Becker 290 West Mashta Drive Key Biscayne FL 33149 13 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties hereto have accepted made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT Henny Groschel-Becker 290 West Mashta Drive Key Biscayne, FL 33149 By Name Attest G,,,,,_.64,,,,c, VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 RESOLUTION NO 2006-45 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FURTHER PROCUREMENT OF ENGINEERING SERVICES INCLUDING DESIGN, PERMITTING, BIDDING AND CONSTRUCTION ADMINISTRATION ENGINEERING SERVICES FOR THE CONVERSION OF OVERHEAD POWER -TELEPHONE -CABLE UTILITIES TO UNDERGROUND FACILITIES FOR THE VILLAGE OF KEY BISCAYNE, FROM THE FIRM OF CORZO CASTELLA CARBALLO THOMPSON SALMAN, P A ("C3TS"), PROVIDING FOR APPROVAL OF WORK AUTHORIZATION PURSUANT TO CONTINUING CONTRACT, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Resolution No 98-34, the Village of Key Biscayne entered into a senes of continuing contracts with engineenng firms for necessary services, and WHEREAS, the engineering firm of Corzo Castella Carballo Thompson Salman, P A ("C3TS") is under a continuing contract to the Village as authonzed by Resolution No 98-34, and WHEREAS, the Village finds that it is in the best interest of the Village to utilize C3TS for the purpose of performing all necessary engineenng services for the conversion of overhead power — telephone -cable utilities to underground facilities (the "Project") in accordance with the attached Work Authonzation and with the Village Manager's memorandum, which accompanies this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted, That each of the recitals stated above is hereby adopted and confirmed Section 2. Work Authorized, Specification of Funds That pursuant to the existing continuing contract between C3TS and the Village, the performance of additional engineenng services for design, permitting, bidding and construction administration services for the Project, is hereby authorized, subject to the funding source and any limitations set forth in the above referenced Village Manager's memorandum Section 3 Agreement Approved That the Village Manager is hereby authonzed to execute the Work Authonzation in substantially the form attached hereto, for the engineenng work authonzed hereunder between the Village and C3TS, once approved by the Village Attorney as to form and legal sufficiency Section 4 Implementation. That the Village Manager is hereby authonzed to take any necessary action to implement the purposes of this Resolution and the Work Authonzation Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 24th day of October, 2006 ,142 Ve,t,a L --- MAYOR ROBERT OLDAKOWSKI (6, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE TO 103 001/Resolutions/Convers n to Underground Facilities 10 18 06 2 Village Council Robert Oldakowski Mayor Robert L Vernon Vzce Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez TO FROM Jacqueline R Menendez, Village Manager RE Conversion of Overhead Utilities VILLAGE OF KEY BISCAYNE Office of the Village Manager October 17, 2006 MEMORANDUM Honorable Mayor and Members of the Village Council yi\I RECOMMENDATION It is recommended that the Village Council approve the Work Order for Professional Services between Corzo Castella Carballo Thompson Saiman P A ( C3TS ) and the Village for the purpose of performing all necessary engineering services for the conversion of overhead power telephone and cable utilities to underground facilities BACKGROUND The engineering firm of Corzo Castella Carballo Thompson Saiman P A ("C3TS") is under a continuing contract to the Village as authonzed by Resolution No 98-34 At the direction of the Village Council on October 10th 2006 C3TS has prepared a Work Order for Professional Services for the performance of engineering services for design, permitting, bidding and construction administration services for the conversion of overhead utilities C3TS will coordinate on behalf of the Village with FPL Bellsouth and Adelphia Cable to coordinate and review the utility conversion plans Funding for these services will be taken from the Capital Outlays line item for Vision Projects See attached proposal 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GO\ FRNMENT www keybascayne fl got, Village Council Robert Oldakowslu Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez Office of the Village Manager October 17 2006 MEMORANDUM TO Honorable Mayor and Members of the Village Council FROM Jacqueline R Menendez Village Manager~ •1 RE Conversion of Overhead Utilities RECOMMENDATION It is recommended that the Village Council approve the Work Order for Professional Services between Corzo Castella Carballo Thompson Salman P A ( C3TS ) and the Village for the purpose of performing all necessary engineering services for the conversion of overhead power telephone and cable utilities to underground facilities BACKGROUND The engineering firm of Corzo Castella Carballo Thompson Salman P A ("C3TS") is under a continuing contract to the Village as authorized by Resolution No 98-34 At the direction of the Village Council on October 10th 2006 C3TS has prepared a Work Order for Professional Services for the performance of engineering services for design permitting bidding and construction administration services for the conversion of overhead utilities C3TS will coordinate on behalf of the Village with FPL Bellsouth and Adelphia Cable to coordinate and review the utility conversion plans Funding for these services will be taken from the Capital Outlays line item for Vision Projects See attached proposal 88 West McIntyre Street • Suite 210 • Key Biscayne Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMENT TO PRO\ IDI A SAI h QI IAI (TY CO\IMUNI fl FNVIRONMl N r FOR ALL ISI ALDERS I HROII( H RESPONSIBI F CON, LRNMINT u ww keybzscayne flgov C31S CORZO CAST E LLA CAR$ALLO THOMPSON SAL MAN Engineers Architects Planners E80005022 AAC002142 WORK ORDER FOR PROFESSIONAL SERVICES TO Village of Key Biscayne DATE 10/16/06 88 West McIntyre Street FILE 1108 Key Biscayne Florida 33149 ATTENTION PROJECT NAME Ms Jacqueline Menendez Village Manager Conversion of Overhead Power/Telephone/Cable Utilities to Underground Facilities Village of Biscayne Florida SCOPE OF SERVICES Initial Coordination A) Coordinate with FPL BellSouth and Adelphia Cable to develop a phasing plan for the proposed conversion in coordination with sewer project We will obtain revised ball park estimates and initiate engineering design on behalf of the Village During this phase we will consult with and update the Village Council on proposed phasing costs and schedules Utility Planning & Design Coordination A) Coordination on behalf of the Village with FPL BellSouth and Adelphia Cable to coordinate and review preliminary utility conversion plans This includes review of existing and proposed systems utility conflicts establishment of preferred routes and locations for the new facilities This effort also involves meeting with affected homeowners in up to three public meetings per phase B) Assist Village in obtaining required easements as needed by utilities for conversion work Our services do not include the preparation of survey sketches and legal descriptions or recording of easements but we will have these prepared by surveyors as needed and invoice the Village for these services as a reimbursable expense C) Coordination on behalf of the Village with FPL BellSouth and Adelphia to obtain from each a final design for the new underground facilities along with a firm proposal for the conversion work Coordination on behalf of the Village with FPL BellSouth and Adelphia to initiate the work Restoration Planning, Design and Bidding A) Establish scope and extent of restoration needs for proposed utility work including roadways driveways sidewalks and landscaping Develop a set of restoration plans details and specifications and a set of general restoration guidelines to be included in a unit price restoration package for bid B) Assist Village in bidding the restoration package reviewing bids obtained and providing recommendation for award 901 Ponce de Leon Blvd Suite 900 Coral Gables Florida 33134 305 445 2900 1 800 448 0227 Facsimile 305 445 3366 Web Site www c3ts cam Equal Opportunity Employer W 0 Conversion Utilities Underground October 16, 2006 Page 2 Utility Construction Monitoring A) Monitor and coordinate on behalf of the Village the phased utility conversion work to be performed by FPL BellSouth and Adelphia Cable or their designated contractors Restoration Construction Administration A) Prepare Contract Documents Notice of Award and Notice to Proceed B) Attend pre construction conference and periodic progress meetings and prepare minutes for distribution C) Respond to Contractor request for information )RFI) and clarification/interpretation of contract documents D) Process all Construction correspondence and maintain files E) Field measurement of completed restoration items F) Review and make Recommendations for Contractor payment requisitions G) Provide periodic inspection services H) Provide final inspection punch list and contract close out FEES Our fee for the above described services shall be as follows Initial Coordination $6 500 Utility Planning & Design Coordination (assuming 4 phases) $18 500 per phase Restoration Planning Design and Bidding $35 000 Utility Construction Monitoring 1 0% of construction cost for each phase Restoration Construction Administration 3 0% of construction cost W 0 Conversion Utilities Underground October 16 2006 Page 3 We are ready to begin working on this assignment upon your authorization to proceed If acceptable to you we will accept a signed copy of this form as your written authorization to proceed with the assignment Thank you Ce Cast tball Thorn on Salman P A Ramon Castella Principal RC/er Villa • - o' Key Biscayne Date L Protect 11108 00\N 0 PIS -osa sll 0101606ConiUttlitiesUnderground doc Mon 10/16/06 ID Task Name 1 initial Coordination 2 Utilities Phase 1 3 Initiate Utility Design 4 Preliminary Utility Design 5 Villa ge Review & Approval 6 Fin al Utility Design & costing 7 Village Appr of Agreement i _ 9 Construction 9 Utilities Phase 2 10 Initiate Utility Design - 11 P- reliminary Utility De sign 12 Village Rev iew & Approv al 13 F- inal Utility Design & co sting 14 Village Appr of Agreement 15 Contraction 16 Utilities Phase 3 17 Initiate U tility Des gn 18 Preliminary Utility Design i 19 Village Review & Approval I 20 Final Utility Design & co sting 21 Village Appr of Agreement 22 C onstruction 23 Mite s Pha se 4 24 Initiate Utility Design 25 Preliminary Utility Design 26 Village Review & Approv al 27 Final Utility Design & costing 28 Village Appr of Agre ement 2s ff Construction 30 Resto ration Package _ 31 hutiate Des gn - 32 Prepare Plans & Specs 33 Prepare Bid package 1- 34 Bid Phase 35M Construction Proje ct Key Biscyane UG Utilitie s Date Mon 10/16/06 Village of Key Biscayne Utilities UG Relocation 03'06 a 04 06 i 01 07 02 07 103 07 04 07 I 01 '08 I Q2 '08 Q3 08 04 08 01 09 ' 02 09 Q3 '09 104'09 (01 10 02 10 103 10 1 1211 2/28 L 6/7 Task j Milestone Split Summa ry Pro gress 1111111111111111111111.11111 Project Summary 4 r -- — I 12/29 J ♦ 7/28 j L_ J Total Duration 41 1 mons/ Page 1 External Tasks External Mileston e Deadline RESOLUTION NO 2006-46 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF TREES AND LANDSCAPING MATERIAL FOR CRANDON BOULEVARD PROJECT OF THE VILLAGE OF KEY BISCAYNE, AUTHORIZING VILLAGE MANAGER TO COMPLETE PURCHASE TRANSACTION, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the purchase of trees and landscaping matenal ( the "Landscape Matenals") in connection with Phase III of the Village's Crandon Boulevard Project ( the "Project"), and WHEREAS, competitive bidding procedures have been utilized by the Village's consulting Engineer for the purchase of the Landscape Matenals and the Village Council finds, upon advice from the Village Attorney, that further formal competitive bidding procedures for the purchase of the Landscape Matenals may be, and are hereby waived, by the Council pursuant to Village Code Section 2-85 upon the Council hereby finding that it is impractical to apply such additional formal competitive bidding procedures for the Landscape Matenals in light of the need to expeditiously acquire the necessary Landscape Matenals in conjunction with the Project, and WHEREAS, the Village Council finds that the competitive proposal of Calusa Creek Tree Farm & Ranch in the total amount of One Hundred Thirty Eight Thousand Six Hundred ($138,600 00) Dollars is the best proposal submitted, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Purchase Authorized, Specification of Funds. That the acquisition of the Landscape Matenals for the Project from Calusa Creek Tree Farm & Ranch is hereby approved and authonzed, subject to the restriction that the total cost of the purchase transaction authonzed herein shall not exceed $138,600 00 The funding source shall be that which is indicated in the Village Manager's memorandum which accompanies this Resolution Section 3. Implementation. That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution, and is authonzed to sign any necessary purchase orders, subject to the approval of the Village Attorney as to form and legal sufficiency Section 4. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 24th day of October, 2006 4,-0 6eLtA41, L__, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE A ORNE F \100\ 103001 \Resolutions\caps . ect authorizing purchase of Trees and Landscape Material 10 18 06 2 Memo DT October 16, 2006 TO T H . orabl FR embers of the Village Council Mnende illage Manager rchase of Live Oak Trees for Crandon Phase III RECOMMENDATION Council approval of the award to Calusa Creek Tree Farm for the purchase of 180 live oak trees to be planted by others for Phase III Crandon Boulevard improvement BACKGROUND Competitive bids were received from three certified tree farms for the supply and delivery of one hundred and eighty live oak trees for the completion of the Crandon Blvd improvement project The trees will continue to mature and be maintained in the supplier' s nursery until time for planting during the summer of 2007 All trees meet the highest standards recognized in the State of Florida as #1 quality and match the trees previously installed during Phase II of the project Calusa Creek Tree Farm was the successful bidder and supplier for Phase II and continues as the low bid for Phase III Funding for this purchase is provided by County and State funds dedicated to the Crandon Improvement Project Please contact me if there are any questions on this matter Cc Village Attorney Paul Abbott, Skyline Management Group, Inc Ramon Castella, C3TS SKYLINE MANAGEMENT GROUP VKB Crandon Phase 11 Live Oak Tree Purchase Bid Spread Sheet 10/16/2006 Vendor Unit Quantity Cost Extension Calusa Tree Farm EA -200 Gal 180 $770 00 $138 600 00 Marian Gardens EA -200 Gal 180 $775 00 $139 500 00 Cherry Lake Farms EA -200 Gal 180 $1 250 00 $225 000 00 Notes - All bids include delivery NLT August 2007 5-6" Caliper 5-51/2 clear wood trunk 18-20' height 10=12 spread FL #1 quality I Calusa was supplier for Phase 11 and is recommended for Phase 111 RESOLUTION NO 2006-47 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING FLEET MANAGEMENT SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY FOR MAINTENANCE AND FUELING OF VILLAGE VEHICLES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council, pursuant to the recommendation of the Village Manager, desires to enter into an agreement for fleet management services (the "Agreement") with Miami - Dade County ("County"), and WHEREAS, the Village Council finds that it is impractical to apply the competitive bidding procedures for the procurement of the services provided by County pursuant to the Agreement and hereby waives such competitive bidding procedures pursuant to Village Code Section 2-85, and WHEREAS, the Village Council finds that the approval of the Agreement is in the best interest of the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Agreement Approved That the Agreement between County and Village is hereby approved and the Village Manager is hereby authonzed to execute the Agreement, attached hereto as Exhibit "A", on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3 Implementation That the Village Manager is hereby authorized to take any and all action which is necessary to implement the Resolution and Agreement Funding for the Agreement shall be provided as indicated in the Village Manager's Memorandum which accompanies this Resolution Section 4. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of November , 2006 MAYOR ROBERT L VERNON ATZT tis/g, Zae CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN 103 001\Resolutions\Approvmg Service Agreement With Miami Dade County GSA for Fleet Maintenance doc 2 KEY,„ wri r�C' EXHIBIT "A" VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez Office of the Village Manager October 30, 2006 To Honorable From Re Recommendation hers of the Village Council R Menendez Village Manager Request for approval of Agreement between the Miami -Dade County General Services Administration Fleet Management Division and the Village of Key Biscayne The Miami -Dade County General Services Administration Fleet Management Division operates and manages the County's vehicle maintenance and fueling facilities and has extensive experience in the fleet management industry The Village of Key Biscayne has been utilizing these services since its inception and through experience and research has found this entity to be the most effective and efficient method to provide fuel and other services for the Village's fleet It is therefore respectfully requested that the attached agreement be approved in order to continue the Village's relationship with the Miami -Dade County General Services Administration, Fleet Management Division 88 West McIntyre Street, Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybascayne fl gov RESOLUTION NO 2006-48 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF WORK-OUT EQUIPMENT FOR THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER, AUTHORIZING PURCHASE AND INSTALLATION OF EQUIPMENT, AUTHORIZING CONTRACT BETWEEN THE VILLAGE AND GYM SOURCE FOR SUPPLYING AND INSTALLING EQUIPMENT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the purchase and installation of work-out equipment (the "Equipment") for the Village of Key Biscayne Community Center, as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to expeditiously proceed with the procurement and installation of the Equipment, and WHEREAS, the competitive bidding procedures for the Equipment purchase and installation may be, and are hereby, waived by the Village Council pursuant to Village Code Section 2-85 upon the Council finding, as is hereby found, that it is impractical to apply such competitive bidding procedures in light of the need to expeditiously complete the purchase and installation of the Equipment, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2 Work Authorized, Specification of Funds That the purchase and installation activities for the Equipment as descnbed herein and in Exhibit "A", attached hereto, are hereby approved and authonzed, subject to the condition that the cost of the purchase and installation of the Equipment shall not be more than $28,854 68 That the fund amount and source for the Equipment purchase and installation is hereby authonzed and approved as descnbed in Exhibit "A" Section 3. Agreement Approved That the Village Manager is hereby authonzed to enter into an Agreement with Gym Source, for the purchase and installation of the Equipment (the "Agreement") in a form and substance approved by the Village Attorney, which is consistent with the standard format routinely used by the Village and is consistent with the requirements of this Resolution, and such Agreement is hereby approved, subject to approval of the Village Attorney as to form and legal sufficiency Section 4. Implementation. That the Village Manager is hereby authonzed to take any and all action which is necessary to fully implement the purposes of this Resolution, the Agreement and the Equipment purchase and installation transaction Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of November, 2006 AT %lc am v 0 CONCHITA H ALVAREZ, CMC, VILLAGE CLERK 2 MAYOR ROBERT L VERNON APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE AT 0 103 001 /Resolutions/Fin . V rsion Work Out Equipment 10 25 06 Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez VILLAGE OF KEY BISCAYNE Office of the Village Manager Ephoir DT November 7, 2006 TO H . o able FR R Menen uncil Members illage Manager PURCHASE AND INSTALLATION OF FITNESS EQUIPMENT RECOMMENDATION It is recommended that the Village Council approve the contract with Gym Source for the purchase and installation of fitness equipment for the Community Center The purchase authorization attached will address the most common complaints and requests by users of the Community Center BACKGROUND The fitness equipment purchase was included in the original Community Center Furniture, Fixtures and Extras (FF&E) budget The Village purchased all of the center s cardio and weight training equipment from Gym Source The televisions attached to each piece of cardio equipment were purchased from the FF&E audio visual provider Seagull Electronics The purchase of the new televisions represents $18, 019 10 of the capitol project request The existing televisions have proven to be problematic and have resulted in the most common complaint among Community Center members Seagull Electromcs has not been able to resolve this issue in a satisfactory manner Since the original purchase of equipment, new items have been added to the fitness room The new items have been equipped with Cardio Vision televisions installed and maintained by Gym Source The new televisions have performed well and any needed repairs were addressed quickly by Gym Source If the replacement of the televisions is approved staff will return before Council with a resolution of the Village Council declaring the replaced televisions as surplus and authorizing the Village Managei to provide for the sale of the surplus property A bid for the televisions will be advertised and they will be sold to the highest bidder 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMFNT TO PRO\ IDF A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybascayne fl gov In addition to the televisions, this purchase request includes an upright bicycle, five spinning bikes, glute machine, leg curl machine and a set of dumbbells with a rack These remaining items address the most frequently requested items by users Gym Source is the sole provider of this equipment line is South Florida If this resolution is approved all the equipment in the wellness room will be maintained by Gym Source These capital purchases totaling $28,854 68 will be covered by the Community Center Equipment Replacement line item included in the Capital Outlay Budget c/(th,e/7 ';9 ' IJII1S�IIICD E Quote. Salesperson BOB LAWRENCE BILL TO VILLAGE OF KEY BISCAYNE TODD HOFFERBERTH KEY BISCAYNE FL 33149 LNO Product 1 CV -15S KIT 2 DFL-INST SC HWINN-IC/EV PRO 4 ZZ-SCH-95150 ) TR[J-Z-8U 6 CYB-GM/VR 7 CYB-LC/VR 8 RAW -BARBELL PAD 9 PRF ASSEMBLY 10 HOIST-HF-4461/36 11 HOIST-HF-4461/36-3 12 DB-HEX-R002 5 13 DB-HFX-R005 14 DB-HFX-R007 5 h DB-HFX-R010 16 D B-HFX-8012 5 1 / TIl\'II 18 19 12 PT C HFC K LIST 20 DFI -INST 21 22 1 , 24 1l 689421 Store 20 Page 1 of 2 Quote Dt ACCOUNT ID CUSTOMER NAME 8/22/2006 20-141956 VILLAGE OF KEY BISCAYNE SHIP TO VILLAGE OF KEY BISCAYNE TODD HOFFERBERTH KEY BISCAYNE FL 33149 Description SCREEN KIT -15" LCD COMMERCIAL SHIPPING & INSTALLATION EVOLUTION PRO SPIN BIKE 3700014 PEDAL, TRIPLE LINK PAIR COMMERCIAL UPRIGHT TUZ801000 4880-GLUTE WT429 4855 -LEG CURL WT319 BARBELL PAD ITEMS MAY BE DEL'D ASSEMBLED RACK-3FT HEX RACK 2 TIER RACK -3RD TIER OPTION FOR HF-4461 2 5LB DUROBELL/EA _5LB RUBBER HEX DUROBELL/EA 7 5LB DURABELL 10LB RUBBER HEX DUROBELL[EA 12 5LB RUBBER HEX DUROBELL/EA DISPATCH TO ASSIGN TIME WINDOW IT'S OUR PRIVILEGE TO SERVE YOU 12 POINT ( HFCKS COMPLETED FREIGHT & INSTALL BALANCE OF PAYMENT TERMS PO & SIGNATURE TO ORDER WILL INVOICE FOR PAYMENT SIGNATURE PRINT List Price Quantity 1,399 00 1,099 00 14 2,633 10 1 1,189 00 739 50 5 50 00 5 2,195 00 1,595 00 1 2,695 00 2,095 00 1 2,595 00 1,995 00 1 1495 000 4 0 00 1 229 99 165 00 1 79 99 59 95 1 1200 900 6 1600 1200 6 18 00 14 00 6 20 00 15 00 6 2500 2000 4 000 1 000 1 598 13 1 Total 15,386 00 2,633 10 3,697 50 250 00 1,_595 00 2,095 00 1,995 00 0 00 0 00 165 00 59 95 54 00 7200 84 00 90 00 80 00 0 00 0 00 598 13 . eol'et ri 97I11SOIIfCD E Quote 689421 LNO 6 ^j-7 Salesperson Store BOB LAWRENCE 20 BILL TO VILLAGE OF KEY BISCAYNE TODD HOFFERBERTH KEY BISCAYNE FL 33149 Product DATF PO# Description Page 2 of 2 Quote Dt ACCOUNT ID CUSTOMER NAME 8/22/2006 20-141956 VILLAGE OF KEY BISCAYNE SHIP TO VILLAGE OF KEY BISCAYNE TODD HOFFERBERTH KEY BISCAYNE FL 33149 List Price Quantity Total Subtotal Tax Total 28,854 68 0 00 28,854 68 RESOLUTION NO 2006-49 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE ACQUISITION OF FIRE VEHICLES FOR THE VILLAGE FIRE RESCUE DEPARTMENT, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE FIRE EQUIPMENT, TO - WIT FIVE (5) FIRE VEHICLES, AUTHORIZING EXPENDITURE OF FUNDS, AUTHORIZING AND APPROVING MASTER LEASE AGREEMENT AND RELATED DOCUMENTS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council as the governing body of the Village of Key Biscayne (the "Village"), desires to obtain certain fire equipment (the "Equipment") for the Village Fire Rescue Department as described in Equipment Schedule No 01 to the Master Lease Agreement (collectively, the "Lease") with Ford Motor Credit Company ("Ford"), the form of which Lease has been available for review by the Village Council pnor to this meeting, and WHEREAS, the Equipment is essential for the Village to perform its governmental functions, and WHEREAS, the Village has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment and finds the purchase of Equipment to be exempt from competitive bidding pursuant to Village Code Section 2- 86 as being denved from another government entity's bid process, and WHEREAS, the Village proposes to enter into the Lease with Ford, substantially in the form presented at this meeting, and WHEREAS, the Village Council hereby finds and determines that the terms of the Lease and related instruments (collectively, the "Purchase Documents") in substantially the form presented at this meeting and incorporated in this Resolution are in the best interests of the Village for the acquisition of the Equipment NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Capital Project Authorizing Resolution That pursuant to Village Charter Section 3 07(b), this Resolution shall constitute a Capital Project Authonzing Resolution The Capital Project is the purchase of fire equipment, to -wit Five (5) new vehicles (the "Equipment") for the Village of Key Biscayne Fire Rescue Department, at a projected cost of One Hundred Twelve Thousand Seven Hundred Eleven ($112,711 00) Dollars, plus fixed annual financing costs of 6 10% for the four (4) year (48 months) term of the lease — purchase transaction, as payable in four (4) annual installment payments of Thirty Thousand Seven Hundred Twenty Seven Dollars and Sixty One Cents ($30,727 61) Section 3 Equipment Purchase Authorized A That the purchase of the Equipment is hereby authonzed The Equipment is further descnbed in the Master Lease Agreement and Equipment Schedule No 01 (collectively the "Lease") between the Village and Ford, a copy of which is set forth in Exhibit "A," attached hereto and incorporated herein The Equipment shall be utilized by the Village Fire Rescue Department to provide support vehicles for the Village B That the Village Council hereby approves the Lease, and authonzes the Village Manager to execute the Lease, once approved by the Village Attorney for legal sufficiency, for the acquisition of the Equipment for a cost which is consistent with this Resolution and the 2 Lease C That the Village Manager is authorized to take all action necessary to implement this Resolution and the Lease, and is authonzed to expend Village funds for the purchase of the Equipment pursuant to the Lease and in accordance with Village budget appropnations D That the Purchase Documents and the acquisition and financing of the Equipment under the terms and conditions as descnbed in the Purchase Documents are hereby approved The Village Manager and any other officer of the Village who shall have power to execute contracts on behalf of the Village be, and each of them hereby is authonzed to execute, acknowledge and deliver the Purchase Documents with any changes, insertions and omissions therein as may be approved by the Village Attorney such approval to be conclusively evidenced by such execution and delivery of the Purchase Documents The Village Clerk of the Village is authonzed to affix the official seal of the Village to the Purchase Documents and attest the same E That the proper officers of the Village, be and each of them hereby is, authonzed and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and the Purchase Documents F That pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"), Village hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code Section 4. That the Village Manager is hereby authonzed to sell five (5) Village vehicles as descnbed in the accompanying memorandum 3 Section 5. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of November, 2006 MAYOR ROBERT L VERNON ATT fi//2/ CO ' CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS • FORM AND LEGAL SUFFICIEN VILLAGE A 4 RESOLUTION NO 2006-50 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADVISING THE UNITED STATES CONGRESS THAT THE VILLAGE COUNCIL SUPPORTS THE ADOPTION OF HOUSE BILLS 4366 AND 4836, AND TO THE EXTENT CONSISTENT THEREWITH, RELATED SENATE BILLS 3117 AND 3115 WHICH ESTABLISH A PROGRAM TO PROVIDE REINSURANCE FOR STATE NATURAL CATASTROPHE INSURANCE PROGRAMS AND AMEND THE INTERNAL REVENUE CODE TO CREATE CATASTROPHE SAVINGS ACCOUNTS, PROVIDING FOR DISTRIBUTION OF RESOLUTION, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") has learned that a measure co -sponsored by Representative Ileana Ros-Lehtinen, House of Representatives Bill ("H R ") 4366 and related Senate Bill ("S ") 3117, is currently pending before the United States Congress, which seeks to help the United States better prepare for and protect its citizens against the ravages of natural catastrophes, and encourage and promote mitigation and prevention for, and recovery and rebuilding from such catastrophes, and to better assist in the financial recovery from such catastrophes, and WHEREAS, H R 4366 and S 3117 seek to establish a program to provide reinsurance for state natural catastrophe insurance programs to accomplish the aforementioned purposes, and WHEREAS, the Village has learned that a measure co -sponsored by Representative Ileana Ros-Lehtinen, H R 4836 and related S 3115, is currently pending before the United States Congress, which seeks to amend the Internal Revenue Code to create tax-exempt catastrophe savings accounts (CSAs), and WHEREAS, H R 4836 and S 3115, would allow tax-free distnbutions from CSAs to pay expenses resulting from a presidentially declared major disaster, and WHEREAS, the establishment of a federal reinsurance program for eligible State natural catastrophe insurance programs provides necessary steps to better prepare the United States, and its citizens, from insured losses caused by qualifying catastrophes, and WHEREAS, the creation of CSAs will provide a benefit to taxpayers by allowing, and encouraging, contribution of funds into a CSA account, which account allows for tax-free distributions to pay expenses resulting from certain major disasters NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the above recitals are hereby incorporated by reference and confirmed Section 2. That the Village Council hereby expresses its support for the proposed establishment of a federal reinsurance program and the creation of tax-free CSA accounts, as proposed by H R 4366 and H R 4836, respectively, and S 3117 and S 3115, to the extent they are not in conflict with their respective House Bills, and requests that the United States Congress take all necessary action to adopt said legislation Section 3 That the Village Clerk shall cause a copy of this Resolution to be distributed to all relevant parties, as determined by the Village Manager Section 4 That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED on this 14th day of November , 2006 2 MAYOR ROBERT L VERNON CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY F \100\103001\Resolutions\Supporitng the Adoption of House Bills 4366 and 4836 doc 3 VILLAGE OF KEY BISCAYNE Office of the Village Clerk 'Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Clerk Conchita H Alvarez CMC November 16, 2006 The Honorable Lincoln Diaz-Balart 8525 Northwest 53rd Terrace, Suite 102 Miami, Florida 33166 Dear Congressman Diaz-Balart Attached please find a copy of Resolution No 2006-50 from the Village of Key Biscayne, Flonda expressing its support for the proposed establishment of a federal reinsurance program and the creation of tax-free CSA accounts, as proposed by H R 4366 and H R 4368, respectively, and S 3117 and S 3115, to the extent they are not in conflict with their respective House Bills, and requests that the United States Congress take all necessary action to adopt said legislation The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter ly, hita H Alvarez, CMC Village Clerk \chal431 c let id/c4-, 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365 5506 • Fax (305) 365 8914 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALI ISLANDERS THROUGH RLSPONSIBLF GOVERNMENT www keybtscayne flgov VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Clerk Conchita H Alvarez CMC November 16, 2006 The Honorable Mano Diaz-Balart 12851 SW 42nd Street, Suite 131 Miami, FL 33175 Dear Congressman Diaz-Balart Attached please find a copy of Resolution No 2006-50 from the Village of Key Biscayne, Florida expressing its support for the proposed establishment of a federal reinsurance program and the creation of tax-free CSA accounts, as proposed by H R 4366 and H R 4368, respectively, and S 3117 and S 3115, to the extent they are not in conflict with their respective House Bills, and requests that the United States Congress take all necessary action to adopt said legislation The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter eiy, adiAL- chita H Alvarez, CMC Village Clerk \chal431c let 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365 5506 • Fax (305) 365 8914 MISSION STATEMENT f0 I ROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLI (O\ FRNMLN1 www keybtscayne 17 gov VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Clerk Conchita H Alvarez CMC November 16, 2006 The Honorable Ileana Ros-Lehtinen 9210 Sunset Dnve, Suite 100 Miami, Florida 33173 Dear Representative Ros-Lehtinen Attached please find a copy of Resolution No 2006-50 from the Village of Key Biscayne, Florida expressing its support for the proposed establishment of a federal reinsurance program and the creation of tax-free CSA accounts, as proposed by H R 4366 and H R 4368, respectively, and S 3117 and S 3115, to the extent they are not in conflict with their respective House Bills, and requests that the United States Congress take all necessary action to adopt said legislation The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter Conchita H Alvarez, CMC Village Clerk \cha 1431 c let 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365 5506 • Fax (305) 365 8914 MISSION S FATEMENT TO PROVIDE A SAFE QUALIT7 COMMUNITY EN\ IRONMFN 1 FOR ALL ISLANDFRS THROUGH RESPONSIBLE GOVERNMENT www keybiscayne fl got) VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Clerk Conchita H Alvarez CMC November 16, 2006 The Honorable Bill Nelson 517 Hart Senate Office Building Washington D C 20510 Dear Senator Nelson Attached please find a copy of Resolution No 2006-50 from the Village of Key Biscayne, Flonda expressing its support for the proposed establishment of a federal reinsurance program and the creation of tax-free CSA accounts, as proposed by H R 4366 and H R 4368, respectively, and S 3117 and S 3115, to the extent they are not in conflict with their respective House Bills, and requests that the United States Congress take all necessary action to adopt said legislation The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter Sinc onchita H Alvarez, CMC Village Clerk \chal431c let 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365 5506 • Fax (305) 365 8914 MISSION STATEMENT TO I ROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR AIL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT u ww keybascayne fl gov VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Clerk Conchita H Alvarez CMC November 16, 2006 The Honorable Mel Martinez 524 Hart Senate Office Building Washington D C 20510 Dear Senator Martinez Attached please find a copy of Resolution No 2006-50 from the Village of Key Biscayne, Florida expressing its support for the proposed establishment of a federal reinsurance program and the creation of tax-free CSA accounts, as proposed by H R 4366 and H R 4368, respectively, and S 3117 and S 3115, to the extent they are not in conflict with their respective House Bills, and requests that the United States Congress take all necessary action to adopt said legislation The Village of Key Biscayne would appreciate any assistance you can provide with respect to this matter Since onchita H Alvarez, CMC Village Clerk \chal431 c let 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365 5506 • Fax (305) 365 8914 MISSION STATEMENT TO PROVIDE A SAFE QUALITI COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybiscayne fl gov RESOLUTION NO 2006-51 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FURTHER PROCUREMENT OF ENGINEERING SERVICES FOR THE DUNE RESTORATION PROJECT OF THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT, FROM THE FIRM OF COASTAL SYSTEMS INTERNATIONAL, INC , PROVIDING FOR APPROVAL OF WORK AUTHORIZATION AS AMENDMENT OF EXISTING CONTRACT, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to contractual agreement previously entered into between the Village of Key Biscayne and Coastal Systems International, Inc (the "Engineer"), the Engineer has previously been retained by the Village in connection with services needed for the Village of Key Biscayne Beach Renounshment Project, and WHEREAS, the Village Council finds that it is in the best interest of the Village to utilize the Engineer for the purpose of performing all necessary engineering services for the Dune Restoration project (the "Project") of the Village of Key Biscayne Beach Renounshment Project in accordance with the attached Work Authonzation and with the Village Manager's memorandum which accompanies this Resolution, subject to the requirement that a follow up proposal shall be submitted for construction documents and construction administration NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2 Work Authorized, Specification of Funds A That pursuant to the existing continuing contract between the Engineer and the Village, the performance of additional engineenng services pertaining to the above-descnbed Dune Restoration Project, (excluding services for the preparation of construction documents and construction administration, which shall be the subject of a subsequent follow-up proposal), is hereby authonzed, subject to the funding source and any limitations set forth in the above - referenced Village Manager's memorandum B That the total fees and costs for the services authorized pursuant to the Work Authonzation shall not exceed $38,409 00 Section 3 Agreement Approved That the Village Manager is hereby authonzed to execute the Work Authonzation in substantially the form attached hereto, for the engineenng work authonzed hereunder between the Village and the Engineer, once approved by the Village Attorney as to form and legal sufficiency Section 4 Implementation That the Village Manager is hereby authonzed to take any necessary action to implement the purposes of this Resolution and the Work Authonzation Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of November, 2006 MAYOR ROBERT L VERNON CHITA H ALVAREZ, CMC, VILLAGE CLERK 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE AT ORNE 103 001/Resolutions/Engineenng Services for Dune Project 11 8 06 OT KEI' • VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez DATE TO FROM RE Nove , ber 8 2006 rable ayor rs of the Village Council "-- cquel R Menendpz illage Manager Dune Restoration Projec - Beach Renourishment Project RECOMMENDATION It is recommended that the Village Council approve the consulting engineering service proposal for the Dune Restoration Project for the Village of Key Biscayne Beach Renourishment submitted by Coastal Systems International Inc in the amount not to exceed thirty eight thousand four hundred and nine dollars ($38 409) pursuant to the engineering proposal attached hereto BACKGROUND Due to hurricanes in 2005 the dune areas in front of the Silver Sands Motel and the Ocean Club were compromised The dunes need to be restored and enhanced In addition a dune exotic species survey will be conducted to map the dune areas vegetated as part of the 2002 Beach Renourishment The following presents the scope of services to be provided by Coastal System as an addendum to the Beach Nourishment contract dated June 6 2000 • Field Investigations • Coastal Permit Applications and Permit Processing • Initial Scope for Mapping Exotic Vegetation Removal and Replacement with Native Vegetation The services for Part 20 (Dune Restoration Mapping) will be completed within 45 days of receiving a Notice to Proceed and favorable weather conditions The funding for this project will be obtained from the Capital Outlay Beach Renourishment line item cc Randy White Village Finance Director David M Wolpin Esq Village Attorney 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www kevbzccavne tl goy COASTAL SYSTEMS COASTAL SYSTEMS INTERNATIONAL, INC 464 South Dine Highway • Coral Gables Florida 33146 Tel 305 661 3655 • Fax 305 661 1914 www coastalsystemsuit coin IVTERAATIO.AI November 10, 2006 Mr Armando Nunez Public Works Director VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, Florida 33149 135040 01-A RE CONSULTING ENGINEERING SERVICES RELATIVE TO THE DUNE RESTORATION PROJECT FOR THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT, VILLAGE OF KEY BISCAYNE, MIAMI-DADE COUNTY, FLORIDA Dear Mr Nunez Pursuant to our recent discussions, Coastal Systems International, Inc (Coastal Systems) is pleased to submit this revised proposal relative to the above referenced project Due to hurricanes m 2005, the dune areas m front of the Silver Sands Motel and the Ocean Club were compromised In addition, a dune exotic species survey will be conducted to map the dune areas vegetated as part of the 2002 beach renounshment This scope of services is for the field investigations, coastal permit applications, and permit processing A follow-up proposal will be submitted for construction documents and construction admimstration Additionally, initial scope is included for mapping of exotic vegetation along the balance of the Village's dune in preparation for implementation of a dune maintenance plan (exotic vegetation removal and replacement with native vegetation) The following presents the scope of work for services to be provided by Coastal Systems for The Village of Key Biscayne (Village) PART 20— DUNE RESTORATION MAPPING a Dune Topographic Survey Coastal Systems will mobilize a survey team to survey beach profiles in the vicmity of R-103 and R-106 to map the dune erosion Cross sections spaced at appropnate intervals (approximately 100') will be obtained utilizmg land -based topographic surveymg methods to map approximately 600 linear feet of shoreline Profiles will extend from the landward edge of dune offshore to wading depth Coastal Fir ironmental Cn it Fmmmeennm gncl lfanawement 135040 01 Mr Armando Nunez November 10, 2006 Page 2 Deliverables Eight (8) copies of Topographic Surveys signed/sealed b Vegetation Mapping As part of the dune restoration project, dune vegetation planting will be required after completion of the dune fill areas, removal and replacement of any exotic vegetation within the project area will also be required by the regulatory agencies Updated maps of the 2002 dune restoration area will be prepared by Coastal Systems for use by the subconsultant, Coastal Growers, Inc to map exotic species Coastal Growers will identify areas of exotic and native species within the dune restoration area and will delineate them on the map c Dune Revegetation Plans A layout of replacement dune vegetation will be designed for the dune restoration area These sketches will be in a format that is sufficient for permitting with the regulatory agencies Species with details and quantities of dune vegetation will be estimated d Dune Fill Plans Coastal Systems will post process the survey data and generate a digital terrain model (DTM) for the dune restoration Volumes will be calculated, and a truck haul dune restoration project designed Permit sketches will be prepared on 8 5" X 11" paper showing the proposed dune fill cross sections Deliverables Eight (8) copies of plans signed/sealed e Sand Testing Coastal Systems will retam a Geotechnical subconsultant to perform laboratory gram size analysis on three (3) sand samples obtained from the existing dunes The test data will be analyzed in accordance with DEP standards and submitted as follows in tabular form 1) Sieve number 2) diameter in mm 3) diameter in phi units 4) weight retained on sieve 5) weight percent retained on sieve 6) cumulative weight retained on sieve 7) cumulative weight percent retained on sieve All weights and percentages will be recorded to the nearest 0 01 gm, a table of mean, median (D50), standard deviation (sorting), silt percent and carbonate content Cumulative frequency plots will be provided of each sample If composite statistics are calculated, the spreadsheet will be provided as well as a cumulative frequency curve of the composite In addition, the existing dune sand will be compared to up to two (2) commercially available beach compatible dune sand sources If additional testing, onsite meetings, or additional coordination with DEP staff are required to identify an appropriate compatible source of sand for the project, these services will be provided under Part 24 up to the available budget, or under a separate scope of services Deliverables Sand Test Results C'nAsthl Fn\ ironnienttl Cix 11 Fmmneennp And Manag-ement 135040 01 Mr Armando Nunez November 10, 2006 Page 3 PART 21— DEP CCCL PERMIT FOR DUNE RESTORATION This scope of services assumes that, as the proposed dune restoration activities are to extend seaward of the Erosion Control Line (ECL) but remain upland of the mean high water line (MHWL) and are to take place outside of the marine turtle nestmg season, that the Flonda Department of Environmental Protection (DEP) Bureau of Beaches and Coastal Systems will be the sole regulatory agency with jurisdiction over the project and that authorization will be issued in the form of a DEP Coastal Construction Control Line (CCCL) Permit with separate DEP Division of State Lands Consent to use sovereign lands seaward of the ECL If any additional authorizations are required, they will be addressed under a separate scope a DEP Permit Apphcation - Dune The Village will provide Coastal Systems with an executed (all by property owners) DEP permit application form, and a DEP permit application fee (amount to be determined) Please note that the DEP will likely require the riparian (upland) property owners to be co -applicant if the project is to extend landward of the ECL onto their properties Copies of warranty deeds for these properties will also likely be required by the DEP Coastal Systems is producing the design plans, 8-1/2" x 14" sized plan reductions, and a survey meeting the standard requirements of the DEP The plans and sketches must be signed and sealed by a registered professional engineer or architect, the survey must be signed and sealed by a registered land surveyor The Village will provide a letter to the DEP mdicating their approval and confirming that the project "does not contravene local setback requirements or zoning or building codes" and "is consistent with the local Comprehensive Plan " Any additional items required by the DEP will be provided by the Village or by Coastal Systems under a separate scope of services b DEP CCCL Permit Processing - Dune Coastal Systems will maintam contact with DEP stair to expedite their review of the permit request Coastal Systems will confer with the DEP as to questions, revisions or additional information that may be required for permit issuance Coastal Systems will confer with the Village as to questions, revisions or additional items that may be required Under this imtial scope, Coastal Systems anticipates providing approximately 40 hours of permit processing services and addressing approximately two (2) DEP Requests for Additional Information (RAI) Coastal Systems will also begin to coordinate with the Florida Fish and Wildlife Conservation Commission (FWC) relative to any comments they may have regarding the project under this imtial permit processing scope, as the project is to be constructed outside the marine turtle nestmg season, comments are expected to be minimal Any additional data or analyses required by the DEP or FWC that are not expressly provided in this contract will be addressed under a separate scope of services Any coordination required relative to public comments will be provided under a separate scope of services (n )stal Fns nnnmental C'i\ it Fnsrineerinp- incl \[ In i cement 135040 01 Mr Armando Nunez November 10, 2006 Page 4 c DEP Notice to Proceed - Dune Coastal Systems will provide services to assist the Client m secunng a DEP "Notice to Proceed" with construction Specifically, Coastal Systems will provide services relative to coordinating and processing final construction plans and meeting Special Permit Conditions outlined in the DEP Final Order Coastal Systems will attend one (1) Pre -Construction Conference with a DEP Representative, as required in the Special Permit Conditions outlmed m the Final Order At the Pre -Construction Conference, Coastal Systems will provide project administration relative to advising the Client of their responsibilities to meet the conditions of the DEP Permit Specifically, Coastal Systems will advise the Client, structural engineer, and surveyor as to their responsibilities m preparing the necessary engmeenng certifications, Foundation Location and Elevation Certification (FLEC), Monthly Periodic Progress Reports, and Final Certification Report, as required by the DEP It is assumed that construction will commence immediately following the Pre -Construction Conference and will be completed within less than 3 months Coastal Systems will submit the required DEP monthly progress reports to Tallahassee and will coordinate issuance of the Final Certification and scheduling of the DEP Final Inspection meeting onsite This scope of services assumes that there will be no construction delays or deviations from the DEP permit PART 22 — DEP CONSENT TO USE STATE LANDS - DUNE Coastal Systems will prepare and submit to the DEP Jomt Coastal Permittmg section a request for issuance of a letter of Consent to use State Lands relative to proposed dune restoration activities seaward of the ECL and landward of the MHWL on sovereign (state-owned) land All sand to be placed must be beach compatible and approved by the DEP Coastal Systems will maintain contact with DEP Joint Coastal Permitting staff to process the request for Consent of Use as required by the DEP CCCL Permittmg program If onsite meetings or additional coordination with DEP staff are required to identify an appropriate compatible source of sand for the project, these services will be provided under Part 24 up to the available budget allowance, or under a separate scope of services PART 23 — DUNE MEETINGS AND ADDITIONAL SERVICES Coastal Systems will provide approximately 15 man-hours for meetings with the Village and/or regulatory agency staff to discuss project strategy, schedule and other project related issues PART 24 — INITIAL DUNE MAINTENANCE MAPPING Coastal Systems will retain Coastal Growers to map exotic vegetation within the Village's dune outside the area of the primary dune restoration project addressed in Parts 20 through 23 Updated maps of the 2002 dune restoration area will be prepared by Coastal Systems for use by Coastal Growers to map exotic species, areas of exotic species will be delineated on the map and a quote for exotic removal and replacement costs will be provided Production of drawings and coordination of permits will be provided under a separate scope, as appropriate Coaet-hl Fm irnnmental Civil Fnineennv and \E nasrement 15040 01 11r Armando Nunez November 10, 2006 Page 5 GENERAL. Fees. This fee proposal is valid for 60 days Fees for the above services are summanzed ui the attached Table 1 Schedule The services for Part 20 will be completed within 45 days of receiving a Notice to Proceed and favorable weather conditions Contract Services will be provided as an addendum to the Beach Nourishment contract dated June 6, 2000 We look forward to contmuulg to provide consulting services for the Village of Key Biscayne $each Renounshment Project Please sign this work order, which will serve as our authorization to proceed. Should you have any questions or if we may be of further assistance, please do not hesitate to contact me at (305) 669-8650 or tblankenship@coastalsystemsmt com SIGNED TBmr Enclosures 2 1/116LLAG-4; KEY L3ISCA fl TITLE TICK N*, CT fl c* Co Book, F 1Hojat113S040 011hopos 06-11 10) Rev !RO A Nees Dome Rao rahoa Sark= 6rl doc Director ER's %T[ONAL INC DATE. /d/e96 Coastal, En' ironmental, Cavil Engmeenng and Management RESOLUTION NO 2006-52 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF ROAD IMPROVEMENT REVENUE BONDS, SERIES 2006, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,000,000 FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF ROAD IMPROVEMENTS WITHIN THE VILLAGE (CRANDON BOULEVARD IMPROVEMENTS -- PHASE III), FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS, AWARDING THE SALE OF THE BONDS TO SUNTRUST BANK, PROVIDING FOR SECURITY FOR THE BONDS, PROVIDING OTHER PROVISIONS RELATING TO THE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on November 14, 2006, the Council adopted Ordinance No 2006-10 (the "Ordinance") authonzing the issuance of not exceeding $4,000,000 of bonds for the purpose of financing a portion of the costs of road improvements within the Village (Crandon Boulevard Improvements --Phase III), financing architectural, engineenng, environmental, legal and other planning costs related thereto, and paying costs of issuance of the bonds or notes (collectively, the "Project"), and WHEREAS, pursuant to the Ordinance, the Village has solicited proposals for the financing of the Project, and WHEREAS, the Council hereby determines to accept a commitment (the "Commitment") from SunTrust Bank (the "Bank") to purchase the Bonds, and WHEREAS, the Council desires to set forth the details of the Bonds in this Bond Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA SECTION 1 AUTHORIZATION OF BONDS Pursuant to the provisions of this Bond Resolution and the Ordinance, Road Improvement Revenue Bonds of the Village to be designated "Village of Key Biscayne, Flonda Road Improvement Revenue Bonds, Senes 2006" (the "Bonds"), (ML564905_21 are hereby authorized to be issued in an aggregate pnncipal amount of $4,000,000 for the purpose of financing a portion of the costs of road improvements within the Village (Crandon Boulevard Improvements --Phase III), financing architectural, engineering, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds SECTION 2 TERMS OF THE BONDS (a) General Provisions The Bonds shall be issued in fully registered form without coupons The principal of and interest on the Bonds shall be payable when due in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owners of the Bonds ("Owners") or their legal representatives at the addresses of the Owners as they appear on the registration books of the Village Payments shall be made in immediately available funds by no later than 2 00 p m on the date due, free and clear of any defenses, set -offs, counterclaims, or withholdings or deductions for taxes The Bonds shall be dated the date of their issuance and delivery and shall be initially issued as one Bond in the denomination of $4,000,000 The Bonds shall mature on December 1, 2021 THE BONDS SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM THE TOLL REVENUES, AS DEFINED IN THIS RESOLUTION THE ISSUANCE OF THE BONDS SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF AD VALOREM TAXATION WHATEVER THEREFOR NOR SHALL THE BONDS CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDERS OF THE BONDS SHALL HAVE NO RECOURSE TO THE POWER OF AD VALOREM TAXATION (b) Interest Rate Subject to adjustment as provided below, the Bonds shall bear interest on the outstanding pnncipal balance from their date of issuance payable quarterly on the first day of each March, June, September and December (the "Interest Payment Dates"), commencing March 1, 2007, at an interest rate equal to 4 05% per annum Interest on the Bonds shall be computed on the basis of a 360 -day year based on twelve 30 - day months (1) Adjustment of Interest Rate For Full Taxability In the event a Determination of Taxability shall have occurred, the rate of interest on the Bonds shall be increased to a rate per annum equal to 6 12% per annum (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropnate, shall be paid an amount equal to any additions to tax, interest and 1ML564905 21 2 penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other wntten notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not contested with the Internal Revenue Service by either the Village or any Owners of the Bonds, or (u) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non -appealable or is not appealed within the requisite time penod for appeal, or (in) the admission in wntmg by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, or (iv) receipt by the Village of an opinion of bond counsel to the Village to the effect that interest on the Bonds is includable for federal income tax purpose in the gross income of the Owners thereof (11) Adjustment of Interest Rate for Partial Taxability In the event that interest on the Bonds dunng any penod becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such penod by an amount equal to (A -B) x C where (a) A equals the Taxable Rate (expressed as a percentage), (b) B equals the interest rate on the Bonds (expressed as a percentage), and (c) C equals the portion of the Bonds the interest on which has become taxable as the result of such tax change (expressed as a decimal) In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropnate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability {MLs649os 21 3 (iii) Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") dunng any penod with respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be other than thirty-five percent (35%), the interest rate on the Bonds that are beanng interest on a tax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Bonds by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately pnor to the date of adjustment (iv) Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield So long as any portion of the pnncipal amount of the Bonds or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Bonds or causes a reduction in yield on the Bonds (other than by reason of a change descnbed above) to the Owners or any former Owners of the Bonds, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as a result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Owners or any former Owners of the Bonds (other than by reason of a change described above or by reason of any action or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the ownership of the Bonds, the Village shall reimburse any such Owner within five (5) days after receipt by the Village of written demand for such payment, and the Village agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change The determination of the after-tax yield calculation shall be venfied by a firm of certified public accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to the Village, and such calculation, in the absence of manifest error, shall be binding on the Village and the Owners (c) Prepayment Provisions (i) Mandatory Prepayment The pnncipal of the Bonds shall be subject to mandatory prepayment in quarterly installments on each Interest Payment Date, commencing March 1, 2007 (each a "Scheduled Due Date") The schedule of pnncipal and interest payments due on each Scheduled Due Date shall be as set forth in the Schedule to the Bond form attached hereto as Exhibit "A" In the event that there is more than one Owner of the Bonds, (A) the Village shall determine the amount of each Bond to be redeemed, and (B) the Village shall give notice to each Owner of the Bonds at least three (3) days pnor to the date of mandatory redemption of the amount of each Bond to be redeemed {ML564905 21 4 (n) Optional Prepayment Upon two (2) Business Days pnor written notice to the Owner, the Village may prepay amounts owing under the Bonds at any time and from time to time Such prepayment notice shall specify the amount of the prepayment which is to be applied In the event of prepayment while the Bank is the Owner of the Bonds, the Village may be required to pay the Bank an additional fee (a prepayment charge) determined in the manner provided below, to compensate the Bank for all losses, costs and expenses incurred in connection with such prepayment The fee shall be equal to the present value of the difference between (1) the amount that would have been realized by the Bank on the prepaid amount for the remaining term of the Bonds at 4 05% and (2) the amount that would be realized by the Bank by reinvesting such prepaid funds for the remaining term of the Bonds at the Federal Reserve H 15 Statistical Release rate for fixed-rate payers in interest rate swaps, interpolated to the nearest month, that was in effect two Business Days pnor to the Bonds prepayment date, both discounted at the same interest utilized in determining the applicable amount in (2) Should the present value have no value or a negative value, the Village may repay with no additional fee Should the Federal Reserve no longer release rates for fixed-rate payers in interest rate swaps, the Bank may substitute the Federal Reserve H 15 Statistical Release with another similar index The Bank shall provide the Village with a wntten statement explaining the calculation of the premium due, which statement shall, in absence of manifest error, be conclusive and binding Partial prepayments may be made, subject to a prepayment charge based upon the same calculation methodology descnbed above Any partial prepayment shall be applied to installments of pnncipal in the inverse order of matunty and shall not postpone the due dates of, or relieve the amounts of, any scheduled installment payments due hereunder Any amounts prepaid hereunder may not be re -borrowed For purposes of the preceding paragraph, the term Business Day shall mean any day other than a Saturday, Sunday or legal holiday or other day on which the Bank is authonzed or required to close SECTION 3 EXECUTION OF BONDS The Bonds shall be signed in the name of the Village by the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and the Village Clerk, and its seal shall be affixed thereto or impnnted or reproduced thereon The signatures of the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and Village Clerk on the Bonds may be manual or facsimile signatures, provided that the signature of one of such officers shall be a manual signature In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the Village before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed and sealed such Bonds had not ceased to hold such office Any Bonds may be signed and sealed on behalf of the Village by such person as at the actual time of the execution of such Bonds shall hold the proper office, although at the date of such Bonds such person may not have held such office or may not have been so authorized (ML564905 21 5 SECTION 4 NEGOTIABILITY, REGISTRATION AND CANCELLATION The Village shall serve as Registrar and as such shall keep books for the registration of Bonds and for the registration of transfers of Bonds Bonds may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with wntten instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social secunty number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social secunty or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee Bonds may be exchanged for one or more Bonds of the same aggregate pnncipal amount and matunty and in denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding pnncipal balance) No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village The Village may deem and treat the person in whose name any Bond shall be registered upon the books kept by the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the pnncipal of and interest on such Bond as they become due and for all other purposes All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid In all cases in which Bonds are transferred or exchanged in accordance with this Section, the Village shall execute and deliver Bonds in accordance with the provisions of this Resolution All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Village There shall be no charge for any such exchange or transfer of Bonds, but the Village may require the payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer The Village shall not be required to transfer or exchange Bonds for a penod of 15 days next preceding an Interest Payment Date on such Bonds All Bonds, the pnncipal and interest of which has been fully paid, either at or pnor to matunty, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled In case a portion but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond, but the Village shall make a notation indicating the remaining outstanding pnncipal of the Bonds upon the registration books The Bond so redesignated shall have the remaining pnncipal as provided on such registration books and shall be deemed to have been issued in the denomination of the outstanding pnncipal balance, which shall be an authorized denomination SECTION 5 BONDS MUTILATED, DESTROYED, STOLEN OR LOST In case any Bond shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue and deliver a new Bond of tike tenor as the Bond so mutilated, destroyed, stolen or lost, in the case )ML564905 2) 6 of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such mutilated Bond or in the case of a destroyed, stolen or lost Bond in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof, satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Village may prescnbe and paying such expenses as the Village may incur The Village shall cancel all mutilated Bonds that are surrendered If any mutilated, destroyed, lost or stolen Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Village may pay the pnncipal of and interest on such Bond upon the Owner complying with the requirements of this paragraph Any such duplicate Bonds issued pursuant to this section shall constitute ongmal, additional contractual obligations of the Village whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and nghts as to hen on and source and secunty for payment from the funds, as hereinafter pledged, to the extent as all other Bonds issued hereunder SECTION 6 FORM OF BONDS The text of the Bonds shall be of substantially the tenor set forth in Exhibit "A" hereto, with such omissions, insertions and variations as may be necessary and desirable and authonzed or permitted by this Resolution SECTION 7 PLEDGE OF REVENUES (a) The Village hereby pledges, assigns and grants a secunty interest to the Owners in the Toll Revenues in order to secure the principal of and interest on the Bonds The Village covenants that for so long as the Bonds are outstanding it shall take all necessary steps to qualify to continue to receive the Toll Revenues as provided for in the Interlocal Agreement The Village represents and warrants to the Owners that there are no other obligations of the Village currently outstanding secured by the Toll Revenues (b) The Village will not issue any additional obligations secured by the Toll Revenues, unless (i) the ratio of the amount of Toll Revenues collected dunng the preceding fiscal year of the Village divided by the Maximum Annual Debt Service on all Debt Obligations secured by the Toll Revenues and on the Debt Obligations proposed to be issued, is at least equal to 1 20, (u) no Event of Default exists hereunder and (iii) the other covenants of the Village contained herein will continue to be met This provision shall not apply, however, if the Village has implemented as secunty for the Bonds a covenant to budget and appropnate from legally available non -ad valorem revenues of the Village as provided in paragraph (c) below (c) In the event the Toll Revenues are insufficient, at any time, to cover debt service on the Bonds, the Village shall take all steps necessary to secure the Bonds by a covenant to budget and appropnate from legally available non -ad valorem revenues of the Village, and in the event the Village does not do so within a reasonable time, the Owner shall have the nght to demand immediate payment of the Bonds in full IML564905 21 7 (d) As used in this Resolution, (i) the term "Toll Revenues" means the revenues received by the Village from Miami -Dade County denved from toll revenues from the Rickenbacker Causeway pursuant to the Interlocal Agreement, (u) the term "Interlocal Agreement" means the agreement between the Village and Miami -Dade County, relating to the sharing of the toll revenues from the Rickenbacker Causeway, (m) the term "Maximum Annual Debt Service" means the maximum amount of pnncipal and interest required in the then current or any future fiscal year to pay all Debt Obligations, and (iv) the term "Debt Obligations" means debt service on debt obligations of the Village, including the Bonds, which are secured by or payable from the Toll Revenues (e) Calculations of Toll Revenues will be based on information denved from the most recently audited fiscal year end financial statements For purposes of calculating Maximum Annual Debt Service, the interest rate to be assumed for indebtedness bearing interest at a variable rate shall be equal to the higher of six percent (6%) per annum or the actual rate of interest paid by the Village with respect to such indebtedness during the month preceding the date of calculation, and such indebtedness shall be assumed to be fully funded SECTION 8 BOND FUND There is hereby created a fund entitled "Village of Key Biscayne, Flonda Road Improvement Revenue Bonds, Senes 2006 Bond Fund" (the "Bond Fund") There shall be deposited into the Bond Fund on each Interest Payment Date sufficient amounts of Toll Revenues (or, if required by Section 7 (c) hereof, available non -ad valorem revenues) which, together with the amounts already on deposit therein, will enable the Village to pay the pnncipal of and interest on the Bonds on each Interest Payment Date Moneys in the Bond Fund shall be applied on each Interest Payment Date to the payment of principal of and interest on the Bonds coming due on each such date SECTION 9 INVESTMENT OF BOND FUND Subject to Section 12 hereof, funds in the Bond Fund may be invested in the following investments, maturing at or before the time such funds may be needed to pay pnncipal of or interest on Bonds, to the extent such investments are legal for investment of municipal funds ("Authonzed Investments") (a) The Local Government Surplus Funds Trust Fund, (b) Negotiable direct obligations of, or obligations the pnncipal of and interest on which are unconditionally guaranteed by, the United States Government at the then prevailing market pnce for such secunties, (c) Interest -bearing time deposits or savings accounts in banks organized under the laws of the State of Flonda (the "State"), in national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations which are under State supervision, or in federal savings and loan associations located in the State and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescnbed by law, (ML564905_21 8 (d) Obligations of the federal farm credit banks, the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates, or the Federal Home Loan Bank or its distract banks or obligations guaranteed by the Government National Mortgage Association, (e) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage pass -through certificates guaranteed by the Federal National Mortgage Association, (f) Secunties of, or other interests in, any open-end or closed -end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U S C ss 80a-1 et seq , as amended from time to time, provided the portfolio of such investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such United States Government obligations and provided such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian, or (g) Any other investments that at the time are legal investments for municipal funds, are permitted by the duly approved investment policy of the Village and as to which the Bank has not objected in wasting SECTION 10 APPLICATION OF BOND PROCEEDS The proceeds received upon the sale of the Bonds shall be applied simultaneously with the delivery of the Bonds, as follows 1 The Village shall first use the moneys to pay costs of the issuance of the Bonds 2 The remainder of the proceeds of the sale of the Bonds shall be deposited in a separate account (hereinafter referred to as the "Project Account") maintained by the Village Pending their use, the proceeds in the Project Fund may be invested in Authonzed Investments, matunng not later than the date or dates on which such proceeds will be needed for the purposes of this Bond Resolution Subject to Section 12 hereof, any income received upon such investment shall be deposited in the Project Fund and applied to costs of the Project or, at the option of the Village, deposited in the Bond Fund and used to pay interest on the Bonds until completion of the Project Subject to Section 12 hereof, after the completion of the Project, any remaining balance of proceeds of the Bonds shall be deposited into the Bond Fund and used solely to pay principal of the Bonds 1ML564905 21 9 The Project Fund shall be kept separate and apart from all other funds of the Village and the moneys on deposit therein shall be withdrawn, used and applied by the Village solely for the purposes set forth herein Pending such application, the Project Fund shall be subject to the hen of the Owners of the Bonds for the payment of the pnncipal of and interest on the Bonds The registered Owners shall have no responsibility for the use of the proceeds of the Bonds, and the use of such Bond proceeds by the Village shall in no way affect the nghts of such registered Owners The Village shall be obligated to apply the proceeds of the Bonds solely for financing costs of the Project However, the Village shall be irrevocably obligated to continue to pay the pnncipal of and interest on the Bonds notwithstanding any failure of the Village to use and apply such Bond proceeds in the manner provided herein SECTION 11 FUNDS Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds and accounts respectively The money in such funds and accounts shall be continuously secured in the same manner as deposits of Village funds are authonzed to be secured by the laws of the State of Flonda Except as otherwise provided herein, earnings on any investments in any amounts on any of the funds and accounts herein established and created shall be credited to such respective fund or account The designation and establishment of the funds and accounts in and by this Bond Resolution shall not be construed to require the establishment of any completely independent, self -balancing funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the Village for the purposes herein provided and to establish certain pnonties for application of such revenues and assets SECTION 12 INVESTMENTS AND USE OF PROCEEDS TO COMPLY WITH INTERNAL REVENUE CODE OF 1986 The Village covenants to the Owners of the Bonds that it will take all actions and do all things necessary and desirable in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds, and shall refrain from taking any actions that would cause interest on the Bonds to be included in gross income for federal income tax purposes In particular, the Village will not make or direct the making of any investment or other use of the proceeds of the Bonds which would cause such Bonds to be "pnvate activity bonds" as that term is defined in Section 141 (or any successor provision thereto) of the Code or "arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the Code, and all applicable regulations promulgated under the Code, and that it will comply with the applicable requirements of Sections 141 and 148 of the Code and the aforementioned regulations throughout the term of the Bonds SECTION 13 DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE The Village hereby designates the Bonds as qualified tax-exempt obligations under Section 265(b)(3)(B) of the Code, and shall make all necessary filings in order to effectuate such election The Village represents that neither the Village nor any subordinate entities or entities issuing tax-exempt obligations on behalf of the Village within the meaning of Section 265(b)(3) of the Code have issued tax-exempt IML564905_21 10 obligations dunng calendar year 2006 and neither the Village nor any such entities expect to issue tax-exempt obligations during calendar year 2006 SECTION 14 ARBITRAGE REBATE COVENANTS There is hereby created and established a fund to be held by the Village, designated the "Village of Key Biscayne Road Improvement Revenue Bonds, Senes 2006 Rebate Fund" (the "Rebate Fund") The Rebate Fund shall be held by the Village separate and apart from all other funds and accounts held by the Village under this Resolution and from all other moneys of the Village Notwithstanding anything in this Resolution to the contrary, the Village shall transfer to the Rebate Fund the amounts required to be transferred in order to comply with the Rebate Covenants, if any, attached as an Exhibit to the Arbitrage Certificate to be delivered by the Village on the date of delivery of the Bonds (the "Rebate Covenants"), when such amounts are so required to be transferred The Village Manager shall make or cause to be made payments from the Rebate Fund of amounts required to be deposited therein to the United States of Amenca in the amounts and at the times required by the Rebate Covenants The Village covenants for the benefit of the Owners of the Bonds that it will comply with the Rebate Covenants The Rebate Fund, together with all moneys and securities from time to time held therein and all investment earnings denved therefrom, shall be excluded from the pledge and hen of this Resolution The Village shall not be required to comply with the requirements of this Section 14 in the event that the Village obtains an opinion of nationally recognized bond counsel that (i) such compliance is not required in order to maintain the federal income tax exemption of interest on the Bonds and/or (n) compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Bonds SECTION 15 SPECIAL COVENANTS (a) The Village shall, within one hundred eighty (180) days of the end of each fiscal year of the Village, deliver to the Owners a copy of the annual audited financial statements of the Village Within thirty (30) days of its final adoption, the Village shall deliver to the Owners a copy of the operating budget for each upcoming fiscal year of the Village (b) The total Debt of the Village, including amounts authonzed but still not drawn down under existing loan agreements and other contractual arrangements with banks and other financial institutions, underwnters, brokers and/or intermediaries, shall not exceed the greater of (i) one percent (1 %) of the total assessed value of all property within the Village, as certified by the Miami -Dade County Property Appraiser for the current fiscal year, or (n) that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year, provided, (ML564905_21 11 however, that if in the future the Village Charter is amended to permit total Debt to exceed the amounts set forth above, then the total Debt of the Village permitted hereunder shall be deemed to be such greater amount consistent with the Charter (c) As used in this Section 15, the following terms shall have the meaning ascnbed to them in this subsection (i) "Debt" shall mean any obligation of the Village to repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was onginally contracted or subsequently converted through refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligations for operations which are financed and operated in an independent, self-liquidating manner and recovered entirely through currently collected user fees and charges (u) "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of pnncipal and all financial fees arising from Debt or from the underlying contractual obligations, whether as onginally incurred or subsequently deferred or otherwise renegotiated (in) "General Fund" shall mean any and all revenues of the Village, from whatever source denved, except those revenues denved from special assessments, user fees and charges and designated as a separate fund to finance goods and services to the public SECTION 16 COVENANTS BINDING ON VILLAGE AND SUCCESSOR All covenants, stipulations, obligations and agreements of the Village contained in this Resolution constitute a contract between the Village and the Owners of the Bonds and shall be deemed to be covenants, stipulations, obligations and agreements of the Village to the full extent authonzed or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the successor or successors thereof from time to time and upon the officer, board, body or commission to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law Except as otherwise provided in this Resolution, all nghts, powers and pnvileges conferred and duties and liabilities imposed upon the Village or upon the Village Council by the provisions of this Resolution shall be exercised or performed by the Village Council or by such officers, board, body or commission as may be required by law to exercise such powers or to perform such duties No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the Village Council or officer, agent or employee of the Village in his or her individual capacity, and neither the 1ML564905_21 12 members of the Village Council nor any officer, agent or employee of the Village executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof SECTION 17 EVENTS OF DEFAULT Each of the following events is hereby declared an "event of default" (a) payment of the pnncipal of or amortization installments of any of the Bonds shall not be made when the same shall become due and payable, or (b) payment of any installment of interest on any of the Bonds shall not be made when the same shall become due and payable, or (c) the Village shall default in the due and punctual performance of any covenant, condition, agreement or provision contained in the Bonds or in this Resolution (except for a default described in subsection (a) or (b) of this Section) on the part of the Village to be performed, and such default shall continue for sixty (60) days after written notice specifying such default and requiring same to be remedied shall have been given to the Village by any Owner of any Bond, provided that it shall not constitute an event of default if the default is not one that can be cured within such sixty (60) days, as agreed by the Owners and the Village, and the Village commences within such sixty (60) days and, in the sole judgment of the Owners, is proceeding diligently with action to correct such default, or (d) any proceeding shall be instituted with or without the consent of the Village under federal bankruptcy laws or other federal or state laws affecting creditors' nghts or any proceeding shall otherwise be instituted for the purpose of effecting a composition between the Village and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted and any such proceeding shall not have been dismissed with prejudice within thirty (30) days after the institution of the same SECTION 18 REMEDIES, RIGHTS OF OWNERS Upon the occurrence and continuance of any event of default specified in Section 17 hereof, the Owners of the Bonds may pursue any available remedy by suit, at law or in equity to enforce the payment of the pnncipal of and interest on the Bonds then outstanding No delay or omission to exercise any nght or power accruing upon any default or event of default shall impair any such nght or power or shall be construed to be waiver of any such default or event of default or acquiescence therein, and every such nght and power may be exercised from time to time and as often as may be deemed expedient No waiver of any event of default hereunder shall extend to or shall affect any subsequent event of default or shall impair any nghts or remedies consequent thereon IML564905_21 13 The Village agrees, to the extent permitted by law, to indemnify the Bank and its directors, officers, employees and agents from and against any losses, claims, damages, liabilities and expenses (including, without limitation, counsel fees and expenses) which may be incurred in connection with enforcement of the provisions of this Resolution and the Bonds SECTION 19 DEFEASANCE (a) The covenants, hens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways (i) by paying the pnncipal of, prepayment premium, if any, and interest on the Bonds when the same shall become due and payable, or (ii) by depositing with an escrow agent certain moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, if any, shall be sufficient at the time of such deposit with the escrow agent to pay when due the pnncipal, prepayment premium, if any, and interest due and to become due on said Bonds on or pnor to the prepayment date or matunty date thereof, or (iii) by depositing with an escrow agent moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, when invested by the escrow agent in direct obligations of the United States of Amenca which shall not be subject to redemption pnor to their matunty other than at the option of the holder thereof, will provide moneys which shall be sufficient (as evidenced by a venfication report of an independent certified public accountant or firm of accountants) to pay when due the pnncipal, prepayment premium, if any, and interest due and to become due on said Bonds on or pnor to the prepayment date or matunty date thereof Upon such payment or deposit with an escrow agent in the amount and manner provided in this Section 19, the Bonds shall be deemed to be paid and shall no longer be deemed to be Outstanding for the purposes of this Resolution and the covenants of the Village hereunder and all liability of the Village with respect to said Bonds shall cease, terminate and be completely discharged and extinguished and the holders thereof shall be entitled to payment solely out of the moneys or secunties so deposited with the escrow agent, provided, however, that (i) if any Bonds are to be redeemed pnor to the matunty thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 2 hereof and (n) in the event that any Bonds are not by their terms subject to redemption with the next succeeding sixty (60) days following a deposit of moneys with the escrow agent in accordance with this Section, the Village shall have given the escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds at their addresses as they appear on the registration books of the Village, a notice stating that a deposit in accordance with this Section has been made with the escrow agent and that the Bonds are deemed to have been paid in accordance with this Section and stating such matunty or redemption IML564905_2) 14 date upon which moneys are to be available for the payment of the pnncipal of, premium, if any, and interest on said Bonds (b) Notwithstanding the foregoing, all references to the discharge and satisfaction of Bonds shall include the discharge and satisfaction of any portion of the Bonds (c) If any portion of the moneys deposited with an escrow agent for the payment of the pnncipal of, redemption premium, if any, and interest on any portion of the Bonds is not required for such purpose, the escrow agent shall transfer to the Village the amount of such excess and the Village may use the amount of such excess free and clear of any trust, lien, secunty interest, pledge or assignment secunng said Bonds or otherwise existing under this Resolution (d) Notwithstanding any of the foregoing, the requirements of Section 12 and 14 hereof relating to use and investment of proceeds and rebate amounts due to the United States pursuant to the Rebate Covenants shall survive the payment of principal and interest with respect to the Bonds or any portion thereof SECTION 20 SALE OF BONDS Based upon the uncertainty of the interest rate environment if sale of the Bonds is delayed, the Village hereby determines the necessity for a negotiated sale of the Bonds The Village has been provided all applicable disclosure information required by Section 218 385, Flonda Statutes The negotiated sale of the Bonds is hereby approved to the Bank at a purchase pnce of par SECTION 21 AUTHORITY OF OFFICERS The Mayor, the Vice Mayor, any member of the Council, the Village Manager, the Village Clerk, the Finance Director and any other proper official of the Village, are and each of them is hereby authonzed and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transaction contemplated by this Resolution and the other documents identified herein SECTION 22 SEVERABILITY In case any one or more of the provisions of this Resolution or of any Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein The Bonds are issued and this Resolution is adopted with the intent that the laws of the State shall govern their construction SECTION 23 PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS In any case where the date of matunty of interest on or pnncipal of the Bonds shall be a Saturday, Sunday or a day on which the banks in the State are required, or authonzed or not prohibited, by law (including executive orders) to close and are closed, then payment of such interest or pnncipal need not be made by the Village on such date but may be made on the next succeeding business day on which the banks in the State are open for business (ML564905_2l 15 SECTION 24 OPEN MEETING FINDINGS It is hereby found and determined that all official acts of the Village Council concerning and relating to the adoption of this Resolution and all pnor resolutions affecting the Village Council's ability to issue the Bonds were taken in an open meeting of the Village Council and that all deliberations of the Village Council or any of its committees that resulted in such official acts were in meetings open to the public, in compliance with all legal requirements, including Section 286 011, Flonda Statutes SECTION 25 REPEALING CLAUSE All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed SECTION 26 EFFECTIVE DATE This Resolution shall take effect on December 14, 2006 [Remainder of this page intentionally left blank] 1ML564905_21 16 AT PASSED AND ADOPTED this 5th day of December, 2006 CHITA H ALVAREZ, CMC, VILLAGE CLERK MAYOR ROBERT L VERNON APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE A ORN Y 1ML564905_21 17 EXHIBIT "A" No R- $4,000,000 UNITED STATES OF AMERICA STATE OF FLORIDA VILLAGE OF KEY BISCAYNE ROAD IMPROVEMENT REVENUE BONDS SERIES 2006 Registered Owner SunTrust Bank Pnncipal Amount Four Million Dollars ($4,000,000) KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Flonda (the "Village"), for value received, hereby promises to pay to the Registered Owner shown above, or registered assigns (the "Bank"), from the sources hereinafter mentioned, the Pnncipal Amount specified above Subject to the rights of prior prepayment and redemption descnbed in the Bond, the Bond shall mature on December 1, 2021 Payments due hereunder shall be made no later than 2 00 p m on the date due, free and clear of any defenses, set -offs, counterclaims, or withholding or deductions for taxes This Bond is issued under authonty of and in full compliance with the Constitution and laws of the State of Florida, including particularly Part II of Chapter 166, Flonda Statutes, as amended, the Charter of the Village, Ordinance No 2006-10 duly adopted by the Village Council (the "Council") of the Village on November 14, 2006 (the "Ordinance"), and Resolution No 2006 - adopted on December 5, 2006 (the "Resolution," and collectively with the Ordinance, the "Bond Ordinance"), and is subject to the terms of said Bond Ordinance This Bond is issued for the purpose of financing a portion of the costs of road improvements within the Village (Crandon Boulevard Improvements --Phase III), financing architectural, engineering, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds This Bond shall be payable only from the sources identified herein Subject to adjustment as provided below, this Bond shall bear interest on the outstanding principal balance from its date of issuance payable quarterly on the first day of each March, June, September and December (the "Interest Payment Dates"), commencing March 1, 2007, at an interest rate equal to 4 05% per annum [ML564905_21 A-1 Interest on this Bond shall be computed on the basis of a 360 -day year based on twelve 30 - day months Adjustment of Interest Rate For Full Taxability In the event a Determination of Taxability shall have occurred during the Initial Interest Rate Penod, the rate of interest on the Bonds shall be increased to a rate per annum equal to 6 12% (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropnate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other wntten notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not contested with the Internal Revenue Service by either the Village or any Owners of the Bonds, or (n) a determination by a court of competent junsdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non -appealable or is not appealed within the requisite time penod for appeal, or (iii) the admission in wnting by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, or (iv) receipt by the Village of an opinion of bond counsel to the Village to the effect that interest on the Bonds is includable for federal income tax purpose in the gross income of the Owners thereof Adjustment of Interest Rate for Partial Taxability In the event that interest on the Bonds dunng any penod becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased dunng such penod by an amount equal to (A -B) x C where (a) A equals the Taxable Rate (expressed as a percentage), (b) B equals the interest rate on the Bonds (expressed as a percentage), and (c) C equals the portion of the Bonds the interest on which has become taxable as the result of such tax change (expressed as a decimal) In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropnate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxabihty All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability 1ML564905_21 A-2 Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") dunng any penod with respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be other than thirty-five percent (35%), the interest rate on the Bonds that are bearing interest on a tax- exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Bonds by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately pnor to the date of adjustment Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield So long as any portion of the pnncipal amount of the Bonds or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Bonds or causes a reduction in yield on the Bonds (other than by reason of a change descnbed above) to the Owners or any former Owners of the Bonds, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as a result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Owners or any former Owners of the Bonds (other than by reason of a change descnbed above or by reason of any action or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the ownership of the Bonds, the Village shall reimburse any such Owner within five (5) days after receipt by the Village of wntten demand for such payment, and the Village agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change The determination of the after-tax yield calculation shall be venfied by a firm of certified public accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to the Village, and such calculation, in the absence of manifest error, shall be binding on the Village and the Owners The pnncipal of this Bond shall be subject to mandatory prepayment in quarterly installments on each Interest Payment Date, commencing March 1, 2007 (each a "Scheduled Due Date") The schedule of pnncipal and interest payments due on each Scheduled Due Date shall be as set forth in the Schedule attached hereto In the event that there is more than one Owner of the Bonds, (i) the Village shall determine the amount of each Bond to be redeemed, and (n) the Village shall give notice to each Owner of the Bonds at least three (3) days pnor to the date of mandatory redemption of the amount of each Bond to be redeemed The pnncipal of and interest on this Bond are payable in lawful money of the United States of Amenca by wire transfer or by certified check delivered on or pnor to the date due to the registered Owner or his legal representative at the address of the Owner as it appears on the registration books of the Village 1ML564905_21 A-3 Upon two (2) Business Days pnor wntten notice to the Owner, the Village may prepay amounts owing under this Bond at any time and from time to time Such prepayment notice shall specify the amount of the prepayment which is to be applied In the event of prepayment while SunTrust Bank (the "Bank") is the Owner of the Bonds, the Village may be required to pay the Bank an additional fee (a prepayment charge) determined in the manner provided below, to compensate the Bank for all losses, costs and expenses incurred in connection with such prepayment The fee shall be equal to the present value of the difference between (1) the amount that would have been realized by the Bank on the prepaid amount for the remaining term of the Bonds at 4 05% and (2) the amount that would be realized by the Bank by reinvesting such prepaid funds for the remaining term of the Bonds at the Federal Reserve H 15 Statistical Release rate for fixed-rate payers in interest rate swaps, interpolated to the nearest month, that was in effect two Business Days pnor to the Bonds prepayment date, both discounted at the same interest utilized in determining the applicable amount in (2) Should the present value have no value or a negative value, the Village may repay with no additional fee Should the Federal Reserve no longer release rates for fixed-rate payers in interest rate swaps, the Bank may substitute the Federal Reserve H 15 Statistical Release with another similar index The Bank shall provide the Village with a wntten statement explaining the calculation of the premium due, which statement shall, in absence of manifest error, be conclusive and binding Partial prepayments may be made, subject to a prepayment charge based upon the same calculation methodology descnbed above Any partial prepayment shall be applied to installments of principal in the inverse order of matunty and shall not postpone the due dates of, or relieve the amounts of, any scheduled installment payments due hereunder Any amounts prepaid hereunder may not be re -borrowed For purposes of the preceding paragraph, the term Business Day shall mean any day other than a Saturday, Sunday or legal holiday or other day on which the Bank is authonzed or required to close In the Resolution, the City has pledged, assigned and granted a security interest to the Owners in the Toll Revenues to secure the pnncipal of and interest on the Bonds THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM THE TOLL REVENUES OF THE VILLAGE AS PROVIDED IN THE RESOLUTION THE ISSUANCE OF THIS BOND SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF AD VALOREM TAXATION WHATEVER THEREFOR NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDER OF THIS BOND SHALL HAVE NO RECOURSE TO THE POWER OF AD VALOREM TAXATION The ongmal registered Owner, and each successive registered Owner of this Bond shall be conclusively deemed to have agreed and consented to the following terms and conditions 1 The Village shall keep books for the registration of Bonds and for the registration of transfers of Bonds as provided in the Resolution Bonds may be transferred IML564905_21 A-4 or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with wntten instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social secunty number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social secunty or federal tax identification numbers of the settlor and beneficianes of the trust, the date of the trust and the name of the trustee The Bonds may be exchanged for Bonds of the same pnncipal amount and maturity and denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding pnncipal balance) No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village 2 The Village may deem and treat the person in whose name any Bond shall be registered upon the books of the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the pnncipal of and interest on such Bond as they become due, and for all other purposes All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid 3 In all cases in which the pnvilege of exchanging Bonds or transfemng Bonds is exercised, the Village shall execute and deliver Bonds in accordance with the provisions of the Resolution There shall be no charge for any such exchange or transfer of Bonds, but the Village may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer The Village shall not be required to transfer or exchange Bonds for a penod of fifteen (15) days next preceding an interest payment date on such Bonds 4 All Bonds, the pnncipal and interest of which has been paid, either at or pnor to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled In case part, but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to be performed precedent to and for the issuance of this Bond have happened, do exist and have been performed in due time, form and manner as required by the Constitution and the laws of the State of Flonda applicable thereto IN WITNESS WHEREOF, the Village of Key Biscayne, Flonda has caused this Bond to be executed by the manual or facsimile signature of its Mayor and of its Village Clerk, and the Seal of the Village of Key Biscayne, Flonda or a facsimile thereof to be affixed hereto or impnnted or reproduced hereon, all as of the day of December, 2006 (ML564905_21 A-5 VILLAGE OF KEY BISCAYNE, FLORIDA MAYOR ROBERT L. VERNON CONCHITA H ALVAREZ, CMC, VILLAGE CLERK (SEAL) IML564905_21 A-6 ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns and transfers unto (Please insert name and Social Secunty or Federal Employer identification number of assignee) the within Bond and all nghts thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises Date Social Secunty Number of Assignee Signature Guaranteed NOTICE Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company NOTICE No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Secunty or Federal Employer Identification Number of the Transferee is supplied The following abbreviations, when used in the inscnption on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations TEN COM - as tenants in common TEN ENT - as tenants by the entirety JT TEN - as joint tenants with nght of survivorship and not as tenants in common UNIFGIFMIN ACT - , (Cust ) Custodian for , (Minor) under Uniform Gifts to Minors Act of (State) Additional abbreviations may also be used though not in the list above 1ML564905_2) A-7 Payment Schedule Amortization Table (Village of Key Biscayne) Florida Road Improvement Revenue Bonds, Series 2006 LOAN DATA Loan amount $4,000,000 00 Annual interest rate 4 05% Term in years 15 Payments per year 4 First payment due 3/1/2007 PERIODIC PAYMENT Quarterly Calculated payment $89,281 29 CALCULATIONS Begmmng balance at payment 1 4,000 000 00 *Cumulative mterest prior to payment 1 Table Payment Beginning Ending Cumulative No Date Balance Interest Principal Balance Interest 1 3/1/2007 4 000 000 00 40,500 00 48 781 29 3 951,218 71 40 500 00 2 6/1/2007 3,951,218 71 40,006 09 49 275 20 3 901 943 51 80 506 09 3 9/1/2007 3 901,943 51 39 507 18 49,774 11 3,852 169 41 120 013 27 4 12/1/2007 3 852 169 41 39,003 22 50,278 07 3,801,891 33 159 016 48 5 3/1/2008 3 801 891 33 38 494 15 50 787 14 3 751 104 20 197 510 63 6 6/1/2008 3 751,104 20 37 979 93 51,301 36 3 699,802 84 235 490 56 7 9/1/2008 3 699,802 84 37 460 50 51 820 78 3,647 982 05 272 951 07 8 12/1/2008 3 647,982 05 36 935 82 52 345 47 3,595 636 59 309 886 88 9 3/1/2009 3 595,636 59 36 405 82 52 875 47 3 542 761 12 346 292 70 10 6/1/2009 3 542 761 12 35 870 46 53 410 83 3 489 350 29 382 163 16 11 9/1/2009 3 489,350 29 35 329 67 53,951 62 3,435 398 67 417,492 83 12 12/1/2009 3,435 398 67 34 783 41 54 497 88 3 380 900 80 452 276 24 13 3/1/2010 3 380 900 80 34 231 62 55 049 67 3 325 851 13 486 507 87 14 6/1/2010 3 325 851 13 33 674 24 55 607 04 3 270 244 08 520 182 11 (ML564905_21 A-8 15 9/1/2010 3 270,244 08 33 111 22 56 170 07 3 214,074 02 553 293 33 16 12/1/2010 3 214,074 02 32 542 50 56 738 79 3 157 335 23 585 835 83 17 3/1/2011 3,157 335 23 31 968 02 57 313 27 3 100,021 96 617 803 85 18 6/1/2011 3 100,021 96 31,387 72 57,893 56 3,042 128 40 649,191 57 19 9/1/2011 3 042,128 40 30,801 55 58,479 74 2,983 648 66 679 993 12 20 12/1/2011 2,983 648 66 30 209 44 59 071 84 2,924,576 82 710 202 56 21 3/1/2012 2,924,576 82 29,611 34 59,669 95 2,864 906 87 739 813 90 22 6/1/2012 2,864,906 87 29 007 18 60 274 11 2,804 632 76 768 821 09 23 9/1/2012 2,804,632 76 28,396 91 60,884 38 2,743 748 38 797,217 99 24 12/1/2012 2 743,748 38 27,780 45 61,500 83 2,682,247 55 824 998 44 25 3/1/2013 2,682 247 55 27,157 76 62,123 53 2,620,124 02 852 156 20 26 6/1/2013 2,620 124 02 26 528 76 62,752 53 2 557 371 48 878 684 96 27 9/1/2013 2,557,371 48 25 893 39 63 387 90 2,493 983 58 904 578 34 28 12/1/2013 2,493 983 58 25 251 58 64,029 70 2 429,953 88 929 829 93 29 3/1/2014 2,429,953 88 24 603 28 64 678 00 2 365 275 88 954 433 21 30 6/1/2014 2,365,275 88 23,948 42 65 332 87 2,299,943 01 978,381 63 31 9/1/2014 2,299,943 01 23,286 92 65 994 36 2,233,948 64 1,001,668 55 32 12/1/2014 2,233 948 64 22 618 73 66,662 56 2 167 286 09 1 024 287 28 33 3/1/2015 2,167,286 09 21,943 77 67 337 52 2,099,948 57 1,046,231 05 34 6/1/2015 2,099,948 57 21,261 98 68 019 31 2 031 929 26 1 067 493 03 35 9/1/2015 2,031,929 26 20,573 28 68 708 00 1,963,221 26 1 088 066 32 36 12/1/2015 1,963,221 26 19,877 62 69 403 67 1,893,817 59 1 107,943 93 37 3/1/2016 1,893 817 59 19,174 90 70 106 38 1,823,711 20 1 127 118 83 38 6/1/2016 1 823 711 20 18,465 08 70 816 21 1 752 894 99 1,145,583 91 39 9/1/2016 1 752,894 99 17,748 06 71 533 23 1 681,361 76 1,163,331 97 40 12/1/2016 1,681,361 76 17,023 79 72 257 50 1,609 104 26 1,180,355 76 41 3/1/2017 1 609 104 26 16 292 18 72,989 11 1,536,115 16 1,196,647 94 42 6/1/2017 1 536,115 16 15 553 17 73 728 12 1 462 387 04 1,212,201 11 43 9/1/2017 1,462,387 04 14,806 67 74 474 62 1 387 912 42 1,227,007 77 44 12/1/2017 1,387,912 42 14,052 61 75 228 67 1 312 683 74 1,241,060 39 45 3/1/2018 1 312 683 74 13 290 92 75,990 36 1 236 693 38 1 254 351 31 46 6/1/2018 1 236 693 38 12,521 52 76 759 77 1,159,933 61 1 266 872 83 47 9/1/2018 1,159 933 61 11 744 33 77 536 96 1 082 396 65 1,278,617 16 48 12/1/2018 1,082 396 65 10,959 27 78,322 02 1,004,074 63 1,289,576 43 49 3/1/2019 1,004,074 63 10,166 26 79,115 03 924,959 60 1 299,742 68 50 6/1/2019 924,959 60 9,365 22 79,916 07 845,043 53 1,309,107 90 51 9/1/2019 845 043 53 8 556 07 80 725 22 764 318 31 1 317 663 96 52 12/1/2019 764,318 31 7 738 72 81,542 56 682,775 74 1 325,402 69 IML564905_21 A-9 53 3/1/2020 682,775 74 6 913 10 82 368 18 600 407 56 1 332 315 79 54 6/1/2020 600,407 56 6 079 13 83 202 16 517 205 40 1 338 394 92 55 9/1/2020 517 205 40 5 236 70 84 044 58 433 160 82 1 343,631 62 56 12/1/2020 433,160 82 4 385 75 84,895 53 348,265 28 1,348,017 37 57 3/1/2021 348 265 28 3 526 19 85 755 10 262,510 18 1,351 543 56 * Figure for Cummulative Interest nor to Payment 1 is an estimate as the actual amount will vary be based on closing date 1 1 1 1 1 IML564905_21 A-10