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HomeMy Public PortalAbout1997 AllRESOLUTION NO. 97-1 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STAIN'S BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS AND TO IDENTIFY A LONG-TERM FUNDING SOURCE; PROVIDING FOR TRANSMISSION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida's beaches are an important part of the quality of life of this community providing aesthetic, environmental, hurricane mitigation, and other recreational benefits for our residents and tourists; and WHEREAS, beaches continue to be Florida's number one tourist attraction and thus are vital to the state's economic well-being -- generating over $9 billion in beach -related sales annually and contributing to a ripple effect to the Florida economy of over $16 billion; and WHEREAS, the Village of Key Biscayne recognizes that severe beach erosion continues to be a major problem in Florida with coastal development threatening this important natural resource; and WHEREAS, federal funding for beach and inlet projects is declining resulting in delays in implementing need erosion projects and placing a burden on state and local sources; and WHEREAS, since navigation inlets cause some eighty percent of beach erosion in Florida, the most cost-effective way to reduce erosion is to recapture sand from inlets and place it on the eroded downdrift beaches; and WHEREAS, as a matter of long-standing policy, the Legislature of the State of Florida has given priority to funding those beach and inlet projects which have substantial federal matching funds; and WHEREAS, the legislature has historically demonstrated a commitment to the preservation of Florida's beaches and now must recognize the critical environmental and economic need to maintain our repair the state's beaches with or without the financial assistance of the federal government; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council requests that the Legislature of the State of Florida provide adequate annual funding to carry out a state-wide comprehensive beach management program to protect Florida's beaches and repair those that are severely damaged and further that the legislature consider the Department of Environmental Protection's budget request. Section 2. That the Village Clerk is hereby directed to transmit a copy of this resolution to the appropriate state officials. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOP TED this 14th day of January , 1997. .6/LAJAW:Pd*Wirele CONCHITA H. ALVAREZ, VILLAGE CLERK OR JOHN F. FESTA APPROVED AS TQ) ORM AND LEGAL SUFFICIENCY: RICHARD WEISS X04..: E ATTORNEY -2- RESOLUTION NO.97-3 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTIONS 95-10 AND 92-27 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in the past various Village Councils have adopted rules to assist in the orderly conduct of its meetings; and WHEREAS, this Council wishes to make certain amendments to those rules as well as to provide a comprehensive document containing all the current rules of the Village Council. NOW THEREFORE, BE IT FURTHER RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Council hereby adopts the following rules of procedure to govern it in the conduct of its meetings: 1. Reports by the Mayor and Councilmembers should be placed on the Agenda early in the meeting and prior to other business which might be time consuming. 2. Approval of the Minutes should be dispensed with by consent if there are no corrections or additions. A vote should be taken by the Mayor by stating "without opposition", if in fact there is none. 3. A motion should be presented in a clear and concise way. If necessary, the Mayor or the Village Attorney shall clarify a motion to insure that the Council is fully aware of the matter being considered. 4. A motion should be seconded prior to any discussion. 5. The Mayor should call on the maker of the motion, once seconded, for an explanation of the motion prior to calling on any other member of the Council or the public. 6. Voice votes are to be used whenever possible unless. a Roll -Call is requested by any member. 7. A Roll -Call vote should be used for all ordinances. CONCHITA ALVAREZ VILLAGE CLERK 8. A Roll -Call vote should be called on a rotational basis so that a different member of the Council is called on to vote first, a different member second and so on. The Mayor should not always be the last to vote, but should be called on a regular rotation. 9. The Council will develop, foster and encourage open, honest but gentle communications between all members of the Council and the public. 10. The Council will be considerate of and show respect for each member of the public. 11. The Council will make a sincere effort to understand the issues being raised by another Councilmember or members of the public and seek to address those issues to the best interest of the Village. 12. The Council meetings will be conducted in a businesslike, yet open and friendly way so as to allow most efficient accomplishment of the Village business without unnecessary formalities while respecting the rights of each individual to express his/her opinion. 13. Presentations by members of the public are limited to three minutes unless a greater period of time is authorized by the Council. 14. Councilmembers are encouraged to regularly attend and participate in Council meetings, workshops, planning sessions, IPA meeting, etc. so that the input and perspective of all Councilmembers is received. Section 2. Resolution 95-10 and Resolution 92-27, concerning the same subject matter as this Resolution, are hereby repealed. Section 3. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day I January , 199 7 . // / JOHN APPROVED AS TO LEGAL SUFFICIENCY: VILL GE ATTORNEY 103001\Resolution\Rules.dl0 2 RESOLUTION NO. 97-4 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA REGARDING THE FAILURE OF COUNCIL MEMBERS TO PARTICIPATE IN VILLAGE BUSINESS, RESPECT FOR THE OFFICE OF COUNCILMEMBER; RESPECT FOR THE VOTERS OF THE VILLAGE OF KEY BISCAYNE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in recent months this Council has experienced a situation wherein a Councilmember, did not meet any of the requirements of, the Village Charter for forfeiture of office, but in fact was absent from his duties as a Council person; and WHEREAS, this Council wishes to take public note of these absences for the purpose of advising those who would seek public office of the duties of a Councilmember, both to the Council as a body and to the electorate; and WHEREAS, this Council wishes to encourage only those persons willing to participate in Council activities to run for office. NOW, THEREFORE,BE IT FURTHER RESOLVED BY THE VILLAGE OF KEY BISCAYNE COUNCIL, AS FOLLOWS: Section 1. Council hereby expresses its strong disapproval of any course of action by a Councilmember failing to fully and completely participate in Council activities and meetings. Section 2. This Council hereby takes public note of the fact that when a Councilmember fails to regularly and fully participate in Council functions and duties, the loss is to the Council itself, to the Village and to the Public. Section 3. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 74th day of January JOH r. FESTA, MAYOR CONCHITA ALVAREZ VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: VIL AG O EY 103001\Resolution\failure.mem 2 , 1997 . RESOLUTION NO. 97-5 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, ATTACHED AND MARKED AS ATTACHMENT B, WITH PBS & J CONSTRUCTION SERVICE, INC. MIAMI, FLORIDA FOR CONSTRUCTION CONTRACT ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH BASINS 1-8 STORMWATER IMPROVEMENTS PROJECT. PREVIOUSLY AUTHORIZED BY RESOLUTION 95-32; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution 95-32 adopted September 12, 1995 authorized the Village Manager to enter into a contract with PBS & J Construction Services, Inc. for a construction period of sixteen (16) months; and WHEREAS, the first phase of agreement was completed as of January 14, 1997; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is authorized to amend and extend the original contract as follows: a. For the duration of the construction phase of the contract, PBS & J shall assign a third construction management representative for duties as needed, for the sum of $5,000 per month. b. The Village will authorize payment of project overtime, as issued by the project management team, not to exceed $4,000 per month. Section 2. The Village Manager is further authorized to execute Attachment B which is attached and part of this resolution. Section 3. This resolution shall take the effect immediately upon adoption. PASSED AND ADOPTED this 11th day of February , 1997. CONCHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-6 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING SPECIFIED PERSONS TO RENT AND ACCESS A SAFE DEPOSIT BOX; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Clerk, Deputy Village Clerk and Finance Director are hereby authorized to rent a safe deposit box on behalf of the Village at the Key Biscayne Branch of Suntrust Bank. Section 2. That the Village Clerk, the Deputy Village Clerk or the Finance Director may use the safe deposit box for the safe keeping of Village documents and records. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of February , 1997. /fire,„ a:5 - ATTE A/S-A- CONCHITA H. ALVAREZ, VILLAGE CLERK ( ME YOR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1 RICI ARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO, 97-7 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING MUNICIPAL JURISDICTION AND AUTHORITY OVER LOCAL ROADS WITHIN MUNICIPAL BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Municipalities have the responsibility of exercising jurisdiction over local roads within their borders in accordance with the laws of the State of Florida; and WHEREAS, local roads within the boundaries of municipalities are uniquely suited to governance by municipal authorities; and WHEREAS, roads that are owned and maintained by municipalities should be subject to regulation and prohibition of traffic in accordance with state and municipal law; and WHEREAS, Metropolitan Dade County has adopted a county ordinance which purports to convey exclusive authority over all roads - in both unincorporated and in incorporated areas - to the County itself; and WHEREAS, the Public Works Department of Metropolitan Dade County has attempted to exercise jurisdiction over local roads within the boundaries of municipalities; and WHEREAS, in the absence of a substantial showing that a municipal road or traffic regulation creates a significant negative impact upon county or state roads, there should be no interference by county agencies or departments in a city's exercise of municipal jurisdiction over roads within its boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council urges officials of Metropolitan Dade County to repeal all county ordinances or sections thereof which purport to convey jurisdiction over municipal roads to the county. Section 2. The Village Council resolves to retain municipal jurisdiction and authority as set forth under statutes of the State of Florida. Section 3. The Village Council resolves to support the Town of Surfside in its defense of municipal jurisdiction within the case of Metropolitan Dade County vs. Town of Surfside, originally filed in the Circuit Court in and for Dade County, Florida. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this llth day of February , 1997. YOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO _ ! A D LEGAL SUFFICIENCY: RESOLUTION NO. 97-8 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING AMERICAN AIRLINES AND THE AIRLINES PILOTS TO NEGOTIATE AND RESOLVE THEIR MUTUAL LABOR ISSUES TO THE MUTUAL BENEFIT OF THE ENTIRE DADE COUNTY. WHEREAS, American Airlines, staff and dedicated and qualified Pilots have been discussing and debating various labor; and WHEREAS, the discussions thus far have not produced an accord on those issues; and WHEREAS, continued labor strife, which may include pickets, strikes, and labor discord, would result in real and substantial impacts on all local tourism and all tourism related economy. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. That the Council of the Village of Key Biscayne, Florida urge American Airlines and the American Airlines Pilots to continue to negotiate in good faith and to consider their prominence in our community, and acknowledge that continued open discord will negatively impact the economies of our shared communities and greater Metropolitan Dade County. Section 3. We urge national, State and local leaders to utilize their good offices to facilitate a resolution to these which will benefit the shared local economies and communities in Dade County. PASSED AND ADOPTED this 11th day of February , 1997. YOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TFO AND LEGAL SUFFICIENCY: RICHARD ' . WEIR V ! GE ATTORNEY RESOLUTION NO. 97-9 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE FLORIDA ALLIANCE FOR SAFE HIGHWAYS' (FLASH) AGENDA FOR LIMITING TRUCK SIZE AND WEIGHTS TO THOSE PRESENTLY IN FORCE IN FLORIDA AS OF THE DATE OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public safety on our roads and highways is a necessary quality of life to Florida's citizens; and WHEREAS, the maintenance and integrity of our transportation infrastructure is essential to the prosperity of Florida; and WHEREAS, increased size & weights of trucks beyond the current legal limits is a hazard to the health of our citizens and our environment; and WHEREAS, transportation of heavier and larger trucks threatens the well being of Florida's quality of life, the integrity of the infrastructure, and the health of our citizens; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village of Key Biscayne supports the agenda of the Coalition Against Bigger Trucks (CABT) and its Florida affiliate --the Florida Alliance for Safe Highways (FLASH) --to stop any increase in truck size and weight on Florida's roads and highways. Section 2. That the Village of Key Biscayne will add its name to the list of membership in the Florida Alliance for Safe Highways and will assist in pushing the agenda of "no increase in truck size and weight on Florida's roads and highways" in the future. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of February 1997. T: AVaati YOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-10 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE DADE COUNTY LEAGUE OF CI ELLS INC.1997 LEGISLATIVE PRIORITIES, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dade County League of Cities has approved the Legislative Priorities of 1997; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA THAT IT SUPPORTS THE DADE COUNTY LEAGUE OF CITIES AS FOLLOWS: The following 1997 Legislative Priorities be adopted by the Village Of Key Biscayne: Section 1. Support the Florida Center for Youth & Children readiness program with anti- drug and prevention programs in anticipation of 15 years Florida growth pattern of teenage to hit Florida growth pattern of teenage population. Section 2. Support Juvenile Justice/Anti-gang Legislation, including amendment of the law to prohibit entry by person(s) under 21 years of age into clubs, lounges and/or establishments where alcoholic beverages are served (with the exception of restaurants). Section 3. Initiate and support the creation of Municipal Clerks Capital Equipment Modernization Trust Fund. Section 4. Support Enactment of Ad Valorem Partial Year Assessments. Section 5. Support to allow Code Enforcement liens to be considered as priority liens. Section 6. Support along with the Florida League of Cities, for the State to provide State Funding for all public libraries, including municipal libraries. Section 7. Initiate with the Florida League provisions for public officers and employees on the State Ethics Commission. Section 8. Support efforts for alternate funding for court/Article 5 funding. Section 9. Support efforts to continue the authority of local government to manage and determine compensation for the use of public rights -of -way and retain related franchise fees and tax revenues with assurance of a growth factor. Section 10. Investigate funding sources for beach renourishment programs. PASSED AND ADOPTED this 18th day of February , 1997 CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-11 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO. 95-11, TO EXTEND THE MATURITY DATE AND CHANGE THE INTEREST RATE ON THE BOND ANTICIPATION NOTES ISSUED PURSUANT THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 1995, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") adopted Ordinance No. 95-3 authorizing the issuance of $7,200,000 Village of Key Biscayne, Florida, Stormwater Utility Revenue Bond Anticipation Notes, Series 1995 (the "Notes"), and on April 11, 1995, the Council adopted Resolution No. 95-11 setting forth the details of the Notes (the "Note Resolution"); and WHEREAS, on April 17, 1995, the Village issued the Notes, and the Notes were purchased by Key Biscayne Bank and Trust Company, now known as SunTrust Bank, Miami, N.A., and First Union National Bank of Florida (collectively, the "Bank"); and WHEREAS, the Notes mature on April 1, 1997 and the Bank, as the sole holder of the Notes, has agreed to extend the term of the Notes an additional 364 days at an interest rate equal to seventy- eight percent (78%) or less of the one year U.S. Treasury Note rate as of the Redelivery Date (defined below); and WHEREAS, pursuant to an Ordinance passed and adopted on March 11, 1997, the Council has authorized the extension of the term of the Notes; and WHEREAS, the Council hereby determines it to be in the best interests of the Village to amend the Note Resolution and the Notes to extend the term of the Notes an additional 364 days and change the interest rate as above indicated; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: SECTION 1. AMENDMENT OF RESOLUTION. The Note Resolution is hereby amended as follows: (a) The second sentence of the second (2nd) paragraph of Section 2 of the Note Resolution is hereby amended to read as follows: The Notes shall mature on the date which is 364 days following the date on which the Notes are redelivered to the Bank pursuant to this amending Resolution (such date of redelivery being hereafter referred to as the "Redelivery Date"). (b) There is hereby added immediately following the end of the third (3rd) paragraph of Section 2 of the Note Resolution, the following: Notwithstanding the foregoing, from and after the Redelivery Date, the interest rate on the Notes shall be a per annum rate equal to seventy-eight percent MIA:49464:1 (78%) or less of the one year U.S. Treasury Note rate as of the Redelivery Date. The actual numerical rate determined on the Redelivery Date shall be set forth in the amended Note. (c) The corresponding provisions to those set forth in (a) and (b), which appear in the Note form in Section 6 of the Resolution, are amended in the same manner. SECTION 2. AMENDMENT OF NOTES. The Notes shall be amended to correspond with the changes made in Section 1. SECTION 3. OTHER TERMS. All provisions of the Note Resolution and the Notes, other than those specifically amended hereby, shall remain the same. SECTION 4. AUTHORITY OF OFFICERS. The Mayor, the Vice Mayor, the Village Manager, the Village Clerk, the Finance Director and any other proper official of the Village, are and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments (including amended forms of Notes) and to do and cause to be done any and all acts and things necessary or proper for carrying out the actions contemplated by this Resolution. SECTION 5. EFFECTIVE DATE. The provisions of this Resolution shall take effect upon delivery of the amended Notes to the Bank and acceptance thereof by the Bank. PASSED AND ADOPTED this 11th day of March, 1997. Attest: nid,aale NCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RIC ARD J. WEISS, VILLAGE ATTORNEY MIA:49464:1 2 RESOLUTION NO. 97-12 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE CITIZENS OF KEY BISCAYNE TO PETITION IN SUPPORT OF RESOLUTIONS 93-15, 93-24, AND 94-10, URGING THE FEDERAL AVIATION ADMINISTRATION TO ADDRESS THE PROBLEM OF HIGH NOISE LEVELS FROM AIRCRAFT FLYING OVER THE VILLAGE OF KEY BISCAYNE PROPER; PROVIDING FOR AN EFFECTIVE DA1E. WHEREAS, Key Biscayne residents have experienced excessively high noise levels from aircraft flying over the Village; and WHEREAS, the Village Council adopted Resolution 93-15, April 27, 1993, urging the Federal Aviation Administration to adopt a Key Biscayne avoidance policy; and WHEREAS, the Village Council adopted Resolution 93-24, May 25, 1993, urging the Dade County Board of County Commissioners to address the problem of high noise levels from aircraft flying over Key Biscayne; and WHEREAS, the Village Council adopted Resolution 94-10, March 8, 1994, urging the Federal Aviation Administration to address the problem of high noise levels from aircraft flying over the Village; and WHEREAS, the Village Council recognizes and commends the efforts of the County in addressing this unresolved issue; and WHEREAS, the high noise levels from aircraft flying over the Village has persisted and increased; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council urges the residents of the Village of Key Biscayne to support a petition to the F.A.A. to address the matter of excessively high noise levels caused by aircraft flying over the Village of Key Biscayne and modify current flight patterns in such a manner as to resolve the matter. Section Z. The Village Clerk is hereby directed to send a copy of this resolution to the Acting Administrator of the F.A.A. Linda Daschle, United States Senator Bob Graham, United States Senator Connie Mack, United States Representative I1eana Ros-Lehtinen, Dade County Mayor Alex Penelas and Dade County Commissioner Jimmy Morales. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of March, 1997 ATT �rxiLdx/l%.6, CONCHITA H. ALVAREZ, VILLAGE CLERIC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC ARD WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CHANGE ORDERS TO THE CONTRACT, ATTACHED, WITH MEF CONSTRUCTION, INC., MIAMI, FLORIDA FOR ADDITIONAL DRAINAGE, PAVING AND TRAFFIC CALMING IMPROVEMENTS, ORIGINAL CONTRACT AUTHORIZED MARCH 12, 1996; PROVIDING FOR AN EFFECTIVE DALE. WHEREAS, the Council of the Village of Key Biscayne awarded a drainage, paving and sidewalk contract on March 12, 1996 to MEF Construction, Inc. WHEREAS, The Council wishes to award additional drainage, paving and traffic calming improvements to MEF Construction, Inc. contract. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is authorized to execute the change order number 2 and change order number 3 to the MEF Construction, Inc. Contract for the following: a. Fernwood Road improvements which includes modifying the parking area, traffic calming and drainage improvement (Change Order two) portions of which were previously deleted by change order #1. b. West Mashta Drive traffic calming that includes four traffic circles and a median divider. (Change Order three) Section 2. The Council waives competitive bidding for these projects, as per Article III, Section 3.08 of the Village Charter. Section 3. Detailed cost figures and project financial explanation is attached and identified in Exhibit A. The appropriate budgetary changes are authorized by as per the Exhibit A. Section 4. This resolution shall take the effect immediately upon adoption. PASSED AND ADOPTED this 11th day of March , 1997. AaArd,,,aidAd, CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-14 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PURSUANT TO FLORIDA STATUTES SECURITY PROCEDURES FOR MUNICIPAL ELECTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne desires to maintain the highest standards of adherence to pertinent state election laws and to maintain the utmost integrity regarding the administration of municipal elections; and WHEREAS, Florida Statute 101.015 requires the supervisor of elections to establish written security procedures; and WHEREAS, the Village Council of the Village of Key Biscayne desires to establish the written security procedures for conducting municipal elections as recommended by the supervisor of elections; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the security procedures entitled "Security Procedures for Voting System Manual" (attached as Exhibit A) are hereby adopted. Section 2. If any section, sentence, clause or phrase of said security procedures is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portion of said security procedures. Section 3. That the Village Clerk is hereby directed to transmit a copy of this Resolution and exhibit to the Florida Department of State, Division of Elections, Bureau of Voting Systems Certification. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of April 1997. YOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICH AIt) J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97 - 15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JUNE! 10, 1997, BY MAIL BALLOT PROCEDURE; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THE KEY BISCAYNE CHARTER REVISION COMMISSION PURSUANT TO FINAL REPORT OF MARCH 7, 1997; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Dade County Charter Section 5.03 and Village Charter Section 7.06, the Key Biscayne Charter Revision Commission issued its Final Report of March 7, 1997, (the "Report") concerning necessary revisions to the Village Charter and has drafted the appropriate amendments to the Village Charter for submission to the electors; and WHEREAS, in accordance with Section 7.06 of the Village Charter the Village Council desires to submit the -proposed amendments to the electors of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby called for Tuesday, the 10th day of June, 1997 to present to the electors of the Village of Key Biscayne (the "Village") each of the ballot questions provided in Section 4 of this Resolution. Section 2. That mail ballots, as prescribed by Sections 101.6101-101.6107, Florida Statutes, shall be used in this special election. All qualified electors residing within the Village shall be entitled to vote. - 1 - Section 3. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall bein substantially the following form: NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE MARCH 7, 1997 FINAL REPORT OF THE KEY BISCAYNE CHARTER REVISION COMMISSION AND AN ENABLING RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE"VILLAGE") AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY, JUNE 10, 1997, BY MAIL BALLOT, AT WHICH TIME THE FOLLOWING PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE: Those certain 25 proposed amendments to the Village Charter as described in the March 7, 1997 Final Report of the Key Biscayne Charter Revision Commission, which proposals are commonly referred to by the following ballot titles: Technical and Stylistic Amendments Insertion of Map of the Village of Key Biscayne Annual Budget Message Councilmember's Forfeiture of Office for Absences During a Calendar Year Councilmember's Forfeiture of Office for Consecutive Absences Mayor's Forfeiture of Office for Absences Within a Calendar Year Filling of Vacancies, In the Office of Mayor Removal Procedure for Village Manager Removal Procedure for Village Clerk Duties of the Manager; Excused Absences from Meetings of the Council Duties of the Manager; Execution of Documents Competitive Bidding Council Meeting Time Limits Elimination of Administrative Regulations Transfer of Appropriations Within an Office or Department Limitations on Revenue Sharing Tie Votes; Primary Election Tie Votes; Regular Election Commencement of Initiative or Referendum Proceedings; Petitioner's Committee Voluntary Review for Legal Sufficiency; Petitions Grants to Require Unanimous Vote Charter Revision Commission Village Code, Ordinances and Resolutions Charter Revision Commission, Submission of Report - 2 - Debt Cap. Section 4. That the form of ballot for each of the proposed Charter amendments shall be as follows: A. TECHNICAL AND STYLISTIC AMENDMENTS The Charter Revision Commission has recommended that the Charter of the Village of Key Biscayne be amended to reflect, non -substantive stylistic and technical changes made for clarity. Shall the above described amendment be adopted? Yes [ ] No [ ] B. INSERTION OF MAP OF THE VILLAGE OF KEY BISCAYNE The Village Charter currently contains only a legal description of the Village. The Charter Revision Commission has recommended that the Charter be amended to include a map showing the boundaries of the Village. Shall the above described amendment be adopted? Yes [ ] No [ ] C. ANNUAL BUDGET MESSAGE The Village Charter currently requires that the Manager prepare an annual budget and that the Mayor present an annual State of the Village message and budget message. The Charter Revision Commission has recommended that the Charter be amended to delete the requirement that the Mayor present an annual Budget Message. Shall the above described amendment be adopted? Yes [ ] No [ ] - 3 - D. COUNCILMEMBER'S FORFEITURE OF OFFICE FOR ABSENCES DURING A CALENDAR YEAR The Village Charter currently provides that a Council Member's office is subject to forfeiture upon absence, without good cause, from any six (6) regular meetings of the Council during any calendar year. The Charter Revision Commission has recommended that the Charter be amended to provide that a Council Member's office is subject to forfeiture upon absence from three (3) meetings during any calendar year without good cause. Shall the above described amendment be adopted? Yes [ ] No [ ] E. COUNCILMEMBER'S FORFEITURE OF OFFICE FOR CONSECUTIVE ABSENCES The Village Charter currently provides that a Council Member's office is subject to forfeiture upon absence, without good cause, from any four (4) consecutive regular meetings of the Council. The Charter Revision Commission has recommended that the Charter be amended to provide that a Council Member's office is subject to forfeiture upon absence from three (3) consecutive regular meetings of the Council without good cause. Shall the above described amendment be adopted? Yes [ 1 No [. 3 F. MAYOR'S FORFEITURE OF OFFICE FOR ABSENCES WITHIN A CALENDAR YEAR The Charter currently provides that the Mayor's office is subject to forfeiture upon absence, without good cause, from six (6) regular meetings of the Council during any calendar year. The Charter Revision Commission has recommended that the Village Charter be amended to provide that the Mayor's office is subject to forfeiture upon absences from three (3) regular meetings in a calendar year without good cause. Shall the above described amendment be adopted? Yes [ 1 No [ I - 4 - G. FILLING OF VACANCIES, IN THE OFFICE OF MAYOR The Charter Revision Commission has recommended that the Charter be amended to provide that a vacancy in the office of Mayor will be filled in the same manner as Council vacancies are filled except that, where the vacancy is filled by appointment, the Council shall appoint the Mayor from among its members. Shall the above described amendment be adopted? Yes [ ] No [ ] H. REMOVAL PROCEDURE FOR VILLAGE MANAGER The Village Charter currently does not contain a procedure to be followed in the event the Council wishes to terminate the Village Manager. The Charter Revision Commission has recommended that the Charter be amended to provide a specific procedure for removal of the Village Manager including notice and an opportunity to respond in writing and/or orally at a public hearing. Shall the above described amendment be adopted? Yes [ I No [ 1 I. REMOVAL PROCEDURE FOR VILLAGE CLERK The Village Charter currently does not contain a procedure to be followed in the event the Council wishes to terminate the Village Clerk. The Charter Revision Commission has recommended that the Charter be amended to provide a specific procedure for removal of the Village Clerk including notice and an opportunity to respond in writing and/or orally at a public hearing. Shall the above described amendment be adopted? Yes [ 1 [ 1 - - 5 - J. DUTIES OF THE MANAGER; EXCUSED ABSENCES FROM MEETINGS OF THE COUNCIL The current Village Charter requires the Manager to attend all Council meetings and does not provide for excused absences. The Charter Revision Commission has recommended that the Charter be amended to permit the Council to excuse the Manager from attendance at a meeting. Shall the above described amendment be adopted?' Yes [ ] No [ ] K. DUTIES OF THE MANAGER; EXECUTION OF DOCUMENTS The current Village Charter authorizes the Manager to execute contracts and other documents on behalf of the Village only to the extent provided by Ordinance. The Charter Revision Commission has recommended that the Charter be amended to authorize the Manager to execute contracts and other documents as authorized by the Council in any matter. Shall the above described amendment be adopted? Yes [ I No [ ] L. COMPETITIVE BIDDING The current Village Charter requires that all contracts for public improvements and purchases of supplies be made on the. basis of competitive bids except where specifically waived by the Village Council. The Charter Revision Commission has recommended that the Charter be amended to provide that such contracts shall be awarded on the basis of competitive bids except as otherwise provided by law or ordinance. Shall the above described amendment be adopted? Yes I I No [ ] - 6 - M. COUNCIL MEETING TIME LIMITS The Village Charter currently provides that no Council meeting shall extend past midnight, except upon a vote of four Council members present at the meeting. The Charter Revision Commission has recommended that the Charter be amended to prohibit meetings from extending past 11:00 p.m. except upon the affirmative vote of five (5) Council members, or if less than five (5) members are present, upon the unanimous vote. Shall the above described amendment be adopted? Yes [ I No [ ] N. ELIMINATION OF ADMINISTRATIVE REGULATIONS The current Village Charter requires that the Village adopt a code of administrative regulations. The Charter Revision Commission has recommended that the Charter be amended to delete the requirement that a code of administrative regulations be enacted. Shall the above described amendment be adopted? Yes [ ] No I ] O. TRANSFER OF APPROPRIATIONS WITHIN AN OFFICE OR DEPARTMENT The current Charter of. the Village of Key Biscayne does not contain a provision permitting the Manager to transfer unencumbered funds between classifications of expenditures within an office or department. The Charter Revision Commission has recommended that the Charter be amended to permit the Manager to make transfers of appropriations within an office or a department. Shall the above described amendment be adopted? Yes [ No [ - 7 - P. LIMITATIONS ON REVENUE SHARING The Charter Revision Commission has recommended that the Charter of the Village of Key Biscayne be amended to prohibit the Village from transferring funds to the County or another municipality as part of a "revenue sharing program". Shall the above described amendment be adopted? Yes [ ] No [ ] Q• TIE VOTES; PRIMARY ELECTION The Charter does not contain a provision for resolving a tie vote in a primary election. The Charter Revision Commission has recommended that the Charter be amended to provide that if a tie vote occurs in a primary, that all tied candidates' names be placed on the regular election ballot,, notwithstanding that the number of candidates on the ballot will exceed the normal number of two per seat. Shall the above described amendment be adopted? Yes [ No I I R. TIE VOTES; REGULAR ELECTION The current Village Charter does not provide.:a provision' for resolving a tie vote in a regular election. The Charter Revision Commission has recommended that the Charter be amended to provide that if a tie vote occurs in a regular election between candidates for the office of Mayor or between candidates for Council, the tie vote in either case shall be decided by drawing lots. Shall the above described amendment be adopted? Yes [ No [ - 8 - S. COMMENCEMENT OF INITIATIVE OR REFERENDUM PROCEEDINGS; PETITIONER'S COMMITTEE The current Village Charter provides that any ten (10) electors may commence initiative or referendum proceedings and that eight of the ten may withdraw such a petition. The Charter Revision Commission has recommended that the Charter be amended to reflect that a minimum of ten electors may commence a Charter or referendum proceeding and that eight/tenths (8/10) of those electors may withdraw such a petition. Shall the above described amendment be adopted? Yes [ No [ ] T. VOLUNTARY REVIEW FOR LEGAL SUFFICIENCY; PETITIONS The Charter Revision Commission has recommended that the Charter of the Village of Key Biscayne be amended to provide that, at the request of a Petitioner's Committee, and at their expense, a petition shall be reviewed for legal sufficiency by the Village Attorney. Shall the above described amendment be adopted? Yes [ l No [ U. GRANTS TO REQUIRE UNANIMOUS VOTE The Charter Revision Commission has recommended that the Charter be amended to require that no grant be made by the Village unless it has been approved by all seven Council members. Shall the above described amendment be adopted? Yes [ ] No I I - 9 - V CHARTER REVISION COMMISSION The current Charter requires that amendments proposed by the Charter Revision Commission be placed on the ballot no less than thirty days, nor more than sixty days after submission. The Charter Revision Commission has recommended that the Charter be amended to enable the Charter Revision Commission to yiant to the Council the option of placing the amendments on the ballot for the next regular scheduled election. Shall the above described amendment be adopted? Yes [ I No [ I W. VILLAGE CODE, ORDINANCES AND RESOLUTIONS The current Charter provides that ordinances, codes and resolutions, as applicable to the Village, which were in effect prior to incorporation, remain in effect after incorporation except as modified by the Village. The Charter Revision Commission has recommended that the Charter be amended to provide that ordinances, resolutions and codes in effect as of April 1, 1997 shall be applicable, except as modified by the Village Council. Shall the above described amendment be adopted? Yes [ I No [ I X. CHARTER REVISION COMMISSION, SUBMISSION OF REPORT The current Village Charter requires the Council to appoint the Charter Revision Commission in December and the Commission to submit its report within 90 days. The Charter Revision Commission has recommended that the Charter be amended to require the Charter Revision Commission to submit its work by April 1 of the year following appointment. Shall the above described amendment be adopted? Yes [ I No [ - 10 - Y. DEBT CAP The Charter Revision Commission has recommended that the Charter be amended to require that the Village Council enact an ordinance limiting the debt which may be incurred by the Village. Shall the above described amendment be adopted? Yes [ 7 No [ 7 Section 5. That the full text of the proposed amendments, as set forth in the Report, is to amend the Village Charter by adding the new matter underlined and deleting the matter struck through, as follows: ° Copyrighted. Municipal Code Corp., affiliated Municipality. 1995. PART I CHARTER* *Editor's note --Printed herein is the Municipal Charter of the Village of Key Biscayne, as adopted by the voters on June 18, 1991. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of.a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. *Notes from 1997 Charter Revision Commission --The following are notes which are included in the Charter as directed by the 1997 Charter Revision Commission. 1. For historical purposes, the Committee wishes to note the following. The members of the original Charter Committee were as follows: Luis Lauredo, Chair Betty Sime, Vice Chair Roberto Cambo, Member Michael Hill, Member Ed Sawyer, Member The Reporter was Hugh O'Reilly and the attorney was Stuart Ames. 2. The Charter Revision Commission of 1996-97 was appointed by the Village Council on December 10, 1996 and met during the early months of 1997 to review the Village Charter. The members of the Charter Revision Commission were as follows: Betty Sime, Chair Michael Kahn, Vice Chair Paul Auchter, Member Martha Broucek, Member Ron Drucker, Member The Clerk was Conchita Alvarez and the attorneys were Richard Jay Weiss, Stephen J. Helfman and Nina L. Boniske. As a result of those meetings, 25 amendments were proposed to the electorate. Of the 25 amendments proposed, were approved by the electorate on , 1997. - 12 - Article I. Corporate Existence, Form of Government, Boundary and Powers Sec. 1.01. Corporate existence. Sec. 1.02. Form of government. Sec. 1.03. Corporate boundaryJMAP. Sec. 1.04. Powers. Sec. 1.05. Construction. Sec. 1.06. Capitalization. Article II. Village Council; Mayor Sec. 2.01. Village Council. Sec. 2.02. Mayor and Vice Mayor. Sec. 2.03. Election and term of office. Sec. 2.04. Qualifications. Sec. 2.05. Vacancies; forfeiture of office; filling of vacancies. Sec. 2.06. Recall. Sec. 2.07. No compensation; reimbursement for expenses. Article III. Administrative Sec. 3.01. Village manager. Sec. 3.02. Appointment; removal; compensation. Sec. 3.03. Powers and duties of the Village Manager. Sec. 3.04. Village Clerk. Sec. 3.05. Village Attorney. Ccc. 3.0G. Villagc cods of adminiotrativc rcgulationo. Sec. 3.07 3.06. Expenditure of Village funds. Sec. 3.08 3.07. Competitive bid requirement. Sec. 3.09 3.08. Village br oad^ na - 13 - Removal of Council Appointees. Article IV. Legislative Sec. 4.01. Council meeting procedure. Sec. 4.02. Prohibitions. Sec. 4.03. Action requiring an ordinance. Sec. 4.04. Emergency ordinances. Sec. 4.05. Annual budget adoption. Sec. 4.06. Fiscal year. Sec. 4.07. Appropriation amendments during the fiscal year. Sec. 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. Sec. 4.09. Tax levy. Sec. 4.10. Borrowing. Sec. 4.11. Revenue Sharing. Sec. 4.12. Village boards and agencies. Sec. 4.13. Village Code, Ordinances and Resolutions. Article V. Elections Sec. 5.01. Elections. Sec. 5.02. Initiative and referendum. Sec. 5.03. Form of ballots. Article VI. Charter Amendments Sec. 6.01. Charter Amendments. Sec. 6.02. Procedure to amend. Sec. 6.03. Form of ballot. Article VII. General Provisions Sec. 7.01. No casino gambling. - 14 - Sec. 7.02. Severability. Sec. 7.03. Conflicts of interest; ethical standards. Sec. 7.04. Village personnel system; merit principle. Sec. 7.05. Grants and Charitable contributions. Sec. 7.06. Charter revision. Sec. 7.07. Variation of pronouns. Article VIII. Transition Provisions Sec. 8.01. Temporary nature of Article. Sec. 8.03. Interim adoption of codes and ordinances. Sec. 8.04. Taxes and fees. Sec. 8.07. Initial election of Council and Mayor. ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS Section 1.01. Corporate existence. A municipal corporation known as the Village of Key Biscayne (the "Village") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of Metropolitan Dade County (the "County"). The corporate existence of the Village shall commence upon the adoption of this Charter. Section, 1.02. Form of government. The Village shall have a "Council -Manager" form of government. Section 1.03. Corporate boundary. The corporate boundary of the Village shall be as follows: BEGIN at the point of intersection of the West line of Crandon Boulevard with the South line of Crandon Park, said point of intersection also being the Northeast corner of Tract 1 of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 at Page 86 of the Public Records of Dade County, Florida; thence run Westerly along said South line of Crandon Park, also being the North line of said Tract 1 and its Westerly extension to a point in the waters of Biscayne Bay, said point being 1,200 feet Westerly - 15 - of the most Northwesterly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, according to the plat thereof recorded in Plat Book 53 at Page 39 of the Public Records of Dade County, Florida; thence run Southwesterly, to a point in the waters of Biscayne Bay, said point being the point of intersection with the Southwesterly extension of the Southeasterly line of Lot 7 in Block 1 of MASHTA POINT SUBDIVISION, according to the plat thereof recorded in Plat Book 131 at Page 37 of the Public Records of Dade County, Florida, said point of intersection being 1,000 feet Southwesterly of the most Southeasterly corner of said Lot 7, as measured along the Southwesterly extension of the Southeasterly line of said Lot 7; thence run Southeasterly to a point in the waters of Biscayne Bay, said point being the point of intersection of the Southwesterly extension of the Southeasterly line of Lot 17 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 78 at Page 83 of the Public Records of Dade County, Florida, with the Westerly extension of the South line of the Waterway shown on the plat of CANOGA PROPERTIES --KEY BISCAYNE, FLORIDA, according to the plat thereof recorded in Plat Book 65 at Page 88 of the Public Records of Dade County, Florida; thence run Easterly, along the South line of said Waterway and its Westerly and Easterly extensions to a point in the Atlantic Ocean, 500 feet Easterly of the Erosion Control Line, as said Erosion Control Line is shown on the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida; thence run Northerly along a line 500 feet Easterly of and parallel to the said Erosion Control Line to the point of intersection with the Easterly extension of the said South line of Crandon Park; thence run Westerly along the said South line of Crandon Park and its Easterly extension to the Point of Beginning; MD BEGIN at the point of intersection of said South line of Crandon Park with the centerline of Crandon Boulevard, said centerline of Crandon Boulevard being the centerline of Tract 10 of said plat of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, and its Northeasterly extension; thence run Westerly along the South Line. of Crandon Park for a distance of 400 feet; thence run Northerly at right angles to the South line of Crandon Park for a distance of 700 feet; thence run Easterly parallel with the South Line of Crandon Park for a distance of 750 feet more or less to said centerline of Crandon Boulevard; thence run Southwesterly along said centerline of Crandon Boulevard for a distance of 783 feet more or less to the South boundary of Crandon Park and to the POINT OF BEGINNING. - 16 - - Section 1.04. Powers. The Village shall have all available governmental, corporate and proprietary powers. Through the adoption of this Charter, it is the intent of the electors of the Village that the municipal government established herein have the broadest exercise of home rule powers permitted under the Constitution and laws of the State. Section 1.05.. Construction. The powers of the Village shall be construed liberally in favor of the Village. Section 1.06. Capitalization. When a defined word is enclosed in quotes and in parentheses after the definition, that word shall be treated as a defined term in the remainder of this Charter, when capitalized. ARTICLE II. VILLAGE COUNCIL; MAYOR* *Editor's note --Pursuant to Ord. No. 92-18, § 1, adopted on August 11, 1992, and approved by the voters on November 3, 1992, the title of article II of the Charter has been changed from "Village Board of Trustees;Mayor " to "Village Council;Mayor." Code reference --Village Council, § 2-21 et seq. Section 2.01. Village Council. There shall be a Village Council (the "Council") with all legislative powers of the Village vested therein, consisting of six (6) members ("Council Members") and the Mayor. References in this Charter to Council Members shall include the Mayor unless the context otherwise requires. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.02. Mayor and Vice Mayor. (a) Mayor. The Mayor shall preside at meetings of the Council, be a voting member of the Council, name committees of the Council and appoint members of the Village boards and agencies with the approval of the Council. The Mayor shall be recognized as head of Village government for all ceremonial - 18 - purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and as the Village official designated to represent the Village in all dealings with other governmental entities. The Mayor shall annually present a state of the Village message. and an annual budget mcacagc. (b) Vice -Mayor. During the absence or incapacity of the Mayor, the Vice -Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Council. meeting after each regular Village election, or in any calendar year in which there is no regular Village election, at the first Council meeting in the month of November of such year, the Council shall elect one (1) of its members as Vice -Mayor. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.03. Election and term of office. Each Council Member and the Mayor shall be elected at -large by the electors of the Village in the manner provided in Article V of this Charter. The Mayor shall be elected for a two (2) year term. Each Council Member shall be elected for a four (4) year term. No person shall serve as Mayor for more than two (2) consecutive elected terms, and no person may serve on the Council, or as any combination of Mayor and Council Member, for more than eight (8) consecutive years. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.04. Qualifications. Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the Village at such time and in such manner as may be prescribed by ordinance and payment to the Village Clerk of the sum of one hundred dollars ($100.00) as a qualifying fee. A candidate for Mayor may not be a candidate for Council Member in the same election. Only electors of the Village who have resided continuously in the Village for at least one (1) year preceding the date of such filing shall be eligible to hold the office of Council Member or Mayor. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.05. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a Council Member or Mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office. (b) Forfeiture of office. - 19 - (i) Forfeiture by disqualification. A Council Member shall forfeit his/her office if at any time during his/her term s/he ceases to maintain his/her permanent residence in the Village or otherwise ceases, without good cause, to be a qualified elector of the Village. (ii) Forfeiture by absence. A Council Member shall be subject to forfeiture of his/her office, in the discretion of the remaining Council Members, if s/he is absent without good cause from any cix (C) three (3) regular meetings of the Council during any calendar year, or if s/he is absent without good cause from any f ur (1), r three (3) as to the Mayor, consecutive Regular Meetings of the Council, whether or not during the same calendar year. (iii) Procedures. The Council shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Council Member's office, including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Council Member in question; provided, however, that any Council Member may at any time during any duly held meeting move to establish good cause for the absence of him/herself or any other Council Member, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Council Member whose qualifications are in question or who is otherwise subject to forfeiture of his/her office shall not vote on any such matters.' The Council Member in question shall be entitled to a public hearing(s) on request. If a public hearing is requested, notice thereof shall be published in one (1) or more newspapers of general circulation in the Village at least one (1) week in advance of the hearing. Any final deteLuiination by the Council that.a Council Member has forfeited his/her office shall be made by resolution. All votes and other acts of the Council Member in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. (c) Filling of vacancies. A vacancy on the Council or in the office of Mayor shall be filled as follows: (i) If the vacancy occurs on the Council and If less than six (6) months remain in the unexpired term, the vacancy shall be filled by the Council. If the vacancy occurs in the office of Mayor and less than six (6) months remain in the unexpired term, the vacancy shall be filled by vote of the Council from among its members. (ii) If one (1) year or more remains in the unexpired term, - 20 - the vacancy shall be filled by a special election to be held not sooner than thirty (30) days or more than ninety (90) days following the occurrence of the vacancy. (iii) If six (6) months or more but less than one (1) year remain, the vacancy shall be filled by the Council as provided for in paragraph (i) of this subsection (c) unless there is a Village, County, State or a national election scheduled to take place on any date(s) within such period, in which case the vacancy shall be filled by special election on the first suchelection date. complete the term of Mayor, the vacancy shall be ____^inrre to be --a position- on tkie—Council and sh _l b� filled in acc rdancc with this aubsecti n, and the Council shall then appoint a new vice Mayor. (iv) If there is no qualified candidate for any vacancy in any election, the Council shall appoint a person qualified under this Article for the vacancy. (v) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members to the extent otherwise permitted or required under this subsection (c). (vi) In the event that all the members of the Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint interim Council Members who shall call a special election within not less than thirty (30) days or more than sixty (60) days after such appointment and -such election shall be held in the same manner as the first elections under this Charter; provided, however, that if there are less than six (6) months remaining in the unexpired terms, the interim Council appointed by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in the last sentence of Section 2.04. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.06. Recall. The electors of the Village shall have the power to recall and to remove from office any elected official of the Village to the extent permitted by the Constitution and laws of the State. The minimum number of electors of the Village which shall be required to initiate a recall petition shall be ten percent (10%) of the total number of electors of the Village as of the - 21 - preceding Village election. Section 2.07. No compensation; reimbursement for expenses. Councilmembers (including the Mayor) shall serve without compensation but shall receive reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for authorized travel and per diem expenses incurred in the performance of their official duties. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) ARTICLE III. ADMINISTRATIVE* *Code reference --Administration, ch. 2. Section 3.01. Village Manager. There shall be a Village Manager (the "Manager") who shall be the chief administrative officer of the Village. The Manager shall be responsible to the Council for the administration of all Village affairs. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 3.02. Appointment; removal; compensation. The Council shall appoint the Manager for an indefinite term. The Council may remove the Manager as provided in Section 3.08. at any time. The compensation of the Manager shall be fixed by the Council. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 3.03. Powers and duties of the Village Manager. The Manager shall: (1) Be responsible for the appointment, supervision and removal of all Village employees; (2) Direct and supervise the administration of all departments and offices but not Village boards or agencies, unless so directed by the Council from time to time; (3) Attend all Council meetings except when excused by the Council and have the right t takc part shall - 22 - participate in discussion but not have the right to vote; (4) See that all laws, provisions of this Charter and acts of the Council, subject to enforcement and/or administration by him/her or by officers subject to his/her direction and supervision, are faithfully executed; (5) Prepare and submit to the Council a proposed annual budget and capital program; (6) Submit to the Council and make available to the public an annual report on the finances and administrative activities of the Village as of the end of each fiscal year; (7) Prepare such other reports as the Council may require concerning the operations of Village departments, offices, boards and agencies; (8) Keep the Council fully advised as to the financial condition and future needs of the Village and make such recommendations to the Council concerning the affairs of the Village as s/he deems to be in the best interests of the Village; (9) Execute contracts, deeds and other documents on behalf of the Village to the cxtcnt providcd by ordinanccz, as authorized by the Council and (10) Perform such other duties as are specified in this Charter or as may be required by the Council. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 3.04. Village Clerk. The Council shall appoint a Village Clerk (the "Clerk" or "Village Clerk") for an indefinite term. The compensation of the Clerk shall be fixed by the Council. The Clerk shall give notice of Council meetings to its members and the public, shall keep e journal minutes of its proceedings which shall be a public record and shall perform such other duties as the Council may prescribe from time to time. The Clerk shall report to the Council and may be removed by the Council as provided in Section 3.08. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 3.05. Village Attorney. The Council may from time to time appoint an individual attorney or a law firm to act as the Village Attorney (the "Village Attorney") under such terms and conditions as are - 23 - consistent with this Charter and as may be established by the Council from time to timer. The Village Attorney shall report to the Council and may be removed by the Council at any time. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 3� 6. tillage -cede -of administrative regalationc. The manager shall maintain a Village code of administrative -.te ...a...,...,. for r ab e ot; ce na pue- a _t action the . (Ord. No. 92 18, § 1, 8 11 92/11 3 92) Section 3.07 3.06. Expenditure of Village funds. No funds of the Village shall be expended except pursuant to duly approved appropriations. Section 3:-08 3.07. Competitive bid requirement. Except as otherwise provided by law or ordinance, contracts for public improvements and purchases of supplies, materials or services shall be awarded or made on the basis of specifications and competitive bids, except in cases where the Council spccifi ally determines that it is impracticable to do so. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Seebien. 3.09. -i--age boa-ds and agencies• Theo neil shall establish er terminate ouc boards __a agencies_ -as ice-* , deem -advisable from time to time. s and agencies shall report to the Council. Section 3--93 3.08. Removal of Council Appointees. The Village Manager and the Village Clerk (each is a "Council Appointee") may be suspended with pay pending removal by a resolution which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the affected Council Appointee. The affected Council Appointee shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than 10 days nor later than 15 days after such hearing is requested, and after full consideration, the Village Council may adopt a final resolution of removal. The affected Council Appointee shall continue to receive full compensation until the effective date of a final resolution of removal. 24 - (Ord. No. 92-18, § 1, 8-11-92/11-3-92) ARTICLE IV. LEGISLATIVE Section 4.01. Council meeting procedure. (a) Meetings. The Council shall hold at least eleven (11) regular monthly meetings in each calendar year, at such times and places as the Council may prescribe by rule ("Regular Meetings"). Special meetings may be held on the call of the Mayor or by four (4) members of the Council and upon no less than twenty-four (24) hours' notice to each member and the public, or such shorter time as a majority of the Council shall deem necessary in case of an emergency affecting life, health, property or the public peace. (b) Rules and minutes journal. The Council shall determine its own rules of procedure and order of business and shall keep a journal minutes open for public inspection. (c) Quorum and voting. Any four (4) members of the Council shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in a manner and subject to the penalties prescribed by the rules of the Council. Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in the journal minutes. Except as otherwise specially provided in this Charter, no action of the Council shall be valid or binding unless adopted by the affirmative votes of at least four (4) Council Members. In the event that four (4) or more members of the Council are ineligible to vote on a particular matter due to required abstention pursuant to Florida law, then the remaining members of the Council may vote and approve such matter by unanimous vote. (d) Meeting time limits. No meeting of the Council shall extend later than midnight 11:00 p.m. except upon the affirmative vote of five (5) Councilmembers, or if less than five (5) Councilmembers are present, upon the unanimous vote of four {4) all Council Members present at the meeting. (Ord. No. 92-17, § 1, 8-11-92/11-3-92; Ord. No. 92-18, § 1, 8-11- 92/11-3-92) Section 4.02. Prohibitions. (a) Appointment[s] and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Village administrative officers or employees whom the Manager or any of his/her subordinates is empowered to appoint, but the Council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees. - 25 - (b) Interference with administration. Except for the purpose of inquiries and investigations made in good faith, the Council or its members shall deal with Village officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. It is the express intent of this Charter that recommendations for improvement in Village government operations by individual Council Members be made solely to and through the Manager. No individual Council Member shall give orders to_the Manager. (c) Holding other office. No elected, Village 'official shall hold any appointive Village office or employment while in office. No former elected Village official shall hold any compensated appointive Village office or employment until one (1) year after the expiration of his/her term. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.03. Action requiring an ordinance. In addition to other acts required by law or by specific provision of this Charter to be effected or authorized by ordinance, those acts of the Village Council shall be by ordinance which: (1) Adopt or amend an administrativc regulation or o Establish, alter or abolish any Village office, department, board or agency; (2) Establish a rule or regulation the violation of which carries a penalty; (3) Levy taxes or appropriate funds; (4) Grant, renew or extend a franchise; (5) Set service or user charges for municipal services or grant administrative authority to set such charges; (6) Authorize the borrowing of money; (7) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the Village; or (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.04. Emergency ordinances. (a) Authorization; form. To meet a public emergency - 26 - affecting life, health, property or the public peace, the Council may adopt, in the manner provided in this Section, one or more emergency ordinances, but such ordinances may not: levy taxes; grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. (b) Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. (c) Effective date. Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance. (d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall automatically be repealed as of the sixty-first (61st) day following its effective date, but this shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this Section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. (e) Emergency appropriations. The Council may make emergency appropriations in the manner provided in this Section. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by such emergency ordinance (without regard to Section 4.10) authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes, including renewals thereof, shall be payable not later than the last day of the fiscal year next succeeding the fiscal year in which the emergency appropriation ordinance was originally adopted. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.05. Annual budget adoption. (a) Balanced budget. Each annual budget adopted by the Council shall be a balanced budget. (b) Budget adoption. The Council shall by ordinance adopt the annual budget on or before the last day of September of each year. If it fails to adopt the annual budget by this date, the Council may by resolution direct that the amounts appropriated - 27 - for current operations for the then ending fiscal year be deemed appropriate for the ensuing fiscal year for a period of fifteen (15) days and may be renewed by resolution each fifteen (15) days, with all items in it prorated accordingly, until such time as the Council adopts an annual budget for the ensuing fiscal year. An ordinance adopting an annual budget shall constitute appropriations of the amounts specified therein. (c) Specific appropriation. The budget shall be specific as to the nature of each category of appropriations therein. Reasonable appropriations may be made for contingencies, but only within. defined: spending categories. The Village Manager may at any time, transfer any unencumbered appropriation balance or portion, thereof between classifications: of expenditures withinan office or department. (d) Deferred compensation; pensions. Contributions to pension and other deferred compensation plans or arrangements for Village employees may be made under such terms and conditions as the Council may establish from time to time in accordance with sound actuarial principles. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.06. Fiscal year. The fiscal year of the Village government shall begin on the first (1st) day of October and shall end on the last day of September of the following calendar year. Such fiscal year shall also constitute the annual budget and accounting year. Section 4.07. Appropriation amendments during the fiscal year. (a) Supplemental appropriations. If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Council may by ordinance make supplemental appropriations for the fiscal year up to the amount of such excess. (b) Reduction of appropriations. If, at any time during the fiscal year, it appears probable to the manager that the revenues available will be insufficient to meet the amounts appropriated, s/he shall report to the Council without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken. The Council shall then take such action as it deems appropriate to prevent any deficit spending not covered by adequate reserves. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. (a) Authentication. The Mayor or the Clerk shall - 28 - authenticate by his/her signature all ordinances and resolutions adopted by the Council. In addition, when charter amendments have been approved by the electors, the Mayor and the Clerk shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the charter amendment by the electorate. (b) Recording. The Clerk shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the Council. Ordinances shall, at the direction of the Council, be periodically codified. The Clerk shall also maintain the Village Charter in current form and shall enter all charter amendments. (c) Printing. The Council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this Charter available to the people of the Village for public inspection and available for purchase at a reasonable price. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.09. Tax levy. The Village shall have the right to levy, assess and collect all such taxes as are permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on services and utilities. Section 4.10. Borrowing. The Village shall incur no debt unless the incurrence of such debt is approved by at least five (5) Council Members. The Council shall by Ordinance, limit the indebtedness of the Village. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.11. Revenue Sharing. No funds of the Village shall be paid to the County or other governmental entity pursuant to a revenue distribution or "revenue sharing" program. Section 4.12. Village boards and agencies. The Council shall establish or terminate such boards and agencies as it may deem advisable from time to time. The boards and agencies shall report to the Council. Section 4.13. Village Code, Ordinances and Resolutions. - 29 - Villagc C uncil, all c dco, rdinance-o and rep lati no in effect on the day of adoption of this Chartcr shall, to thc extent applicable to thc Villagc, ycmain in -force and effect as Except as otherwise modified or replaced by this Charter or by the Village Council, all codes, ordinances and resolutions of the Village and of Metropolitan Dade County, as applicable to the Village, which County and Village Codes, ordinances and resolutions are in effect as of April 1, 1997, shall remain in force and effect as municipal codes, ordinances and resolutions of the Village. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) ARTICLE V. ELECTIONS Section 5.01. Elections. (a) Electors. Any person who is a resident of the Village, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the Village. (b) Nonpartisan elections. All elections for the offices of Council Member and Mayor shall be conducted on a nonpartisan basis. (c) Election dates. A primary election shall be held in each even -numbered year, on the day of the second State primary election, or if none is held in any such year, on the first Tuesday following the first Monday of October. A regularelection shall be held in November of each even -numbered year, on the same day U.S. congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday of said. month and year. (d) Primary election. The ballot for the primary election shall contain the names of all qualified candidates for Mayor and for the three (3) Council positions which are to be filled as a result of three (3) Council Members' terms expiring, and shall instruct electors to cast one (1) vote for Mayor and no more than three (3) votes for Council, with a maximum of one (1) vote per candidate. If any candidate for Mayor receives a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate shall be the duly elected Mayor, and no regular election for Mayor shall be required. If any candidate(s) for Council receive(s) a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate(s) shall be duly elected to the Council, and the number of positions contested in the regular election shall be decreased accordingly. (e) Regular election. The ballot for the regular election - 30 - shall contain the names of the two (2) candidates for Mayor who received the most votes in the primary election. The ballot for the regular election shall also contain the names of the six (6) candidates for Council who received the most votes in the primary election, provided that if any Council positions were filled in the primary election, the number of Council candidates on the ballot shall be a number equal to the remaining number of Council positions to be filled, times two (2). The ballot shall instruct electors to cast one (1) vote for Mayor and to cast a number of votes for the Council not greater than the number of contested Council positions, with a maximum of one (1) vote per candidate. The candidate for Mayor receiving the most votes shall be the duly elected Mayor. The candidates for Council receiving the most votes, respectively, shall be duly elected to the remaining positions to be filled on the Council. (f) Special elections. Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter. (g) Runoff election. If the primary election results in two (2) or more candidates receiving a tie vote such that the number of candidates to be placed on the ballot for the regular election would exceed the limitations in subsection (e), all candidates receiving the tie vote shall be listed on the ballot for the general election and the limitations in subsection (e) shall not apply. If a tie vote occurs in the regular election between two (2) or more candidates for either the office of Mayor or Councilmember, the tie shall be decided by lot under the direction of the Village Clerk. (h) Single candidates. In the event that the number of persons who qualify as candidates for the Council positions to be filled at an election is equal to or less thanthe number of positions to be filled at such election, those positions -shall, not be listed on the primary or regular Village election ballot. No election for Mayor shall be required in any election if there is only one duly qualified candidate for Mayor. (i) Absentee votes. Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law. (j) Commencement of terms. The term of office of any elected official will commence seven (7) days following the day of the regular or special election at which s/he is elected. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 5.02. Initiative and referendum. (a) Power to initiate and reconsider ordinances. - 31 - (i) Initiative. The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails'to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Village election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. (ii) Referendum. (A) The electors of the Village shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. (B) Notwithstanding anything in paragraph (ii)(A) of this subsection (a) to the contrary, the referendum power shall extend to any ordinance levying ad valorem taxes, provided that (1) the ordinance increases the millage rate above five (5) mills, (2) proceedings with respect to the referendum are commenced within twenty (20) days after the date of adoption of the ordinance, and (3) all petitions with respect to the referendum are filed within thirty (30) days after the date of adoption of the ordinance. (b) Commencement of proceedings. A minimum of ey ten (10) electors may commence initiative or referendum proceedings by filing with the Clerk or other official designated by the Council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Clerk or other official designated by the Council may, at the committee's request, submit the petitioner's proposed ordinance for review as to legal sufficiency by the Village Attorney and/or issue the appropriate petition blanks to the petitioners' committee, .both at the committee's expense. (c) Petitions. (i) Number of signatures. Initiative and referendum petitions must be signed by electors of the Village equal in number to at least ten percent (10%) of the - 32 - total number of electors registered to vote at the last regular Village election. (ii) Foilu and content. All papers of a petition shall be assembled as one instrument of filing. Each signature shall be executed in ink and shall be followed by the printed name and address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. The. petition shall be legally sufficient. (iii) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that s/he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his/her presence, that s/he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (iv) Filing deadline. Except as otherwise provided in paragraph (ii)(B) of subsection (a) of this Section, all initiative and referendum petitions must be filed within sixty (60) days of the date on which proceedings with respect to such initiative or referendum are commenced. (d) Procedure for filing. (i) Certificate of Clerk; amendment. Within twenty (20) days after initiative petition is filed or within five (5) days after a referendum petition is filed, the Clerk or other official designated by the Council shall complete a certificate as to its legal sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified rcgiatcrcd mail, return receipt requested (the "Certificate"). Grounds for insufficiency are only those specified in subsection (c) of this Section. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk or other official designated by the Council within two (2) business days after receiving the copy of the Certificate and files a supplementary petition upon additional papers within. ten (10) days after receiving the copy of such Certificate. Such supplementary petition shall comply with the requirements of paragraphs (i) and (ii) of subsection (c) of this Section, and within five (5) - 33 - days after it is filed the Clerk or other official designated by the Council shall complete a Certificate as to the legal sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified rcgiatcrcd mail, return receipt requested, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council. review under paragraph (ii) of this subsection (d) within the time required, the Clerk or other official designated by the Council shall promptly present his/her certificate to the Council and such certificate shall then be a final determination as to the sufficiency of the petition. (ii) Council review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) business days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition. (e) Action on petitions. (i) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article IV. The repeal of an ordinance relating to the levy of ad valorem taxes shall be by resolution. If the Council fails to adopt a proposed initiative ordinance without any change in substance within forty-five (45) days or fails to repeal the referred ordinance within thirty (30) days (or, in the case of a referendum authorized pursuant to paragraph (ii) (B) of subsection (a) of this Section, within five (5) days after the date on which the petition is determined to be sufficient), it shall submit the proposed or referred ordinance to the electors of the Village. If the Council fails to act on a proposed initiative ordinance or a referred ordinance within the time period contained in paragraph (i) of subsection (e) of this Section, the Council shall be deemed to have failed to adopt the proposed initiative ordinance or failed to repeal the referred ordinance on the last day that the Council was authorized to, act on such matter. - 34 - (ii) Submission to electors. The vote of the Village on a proposed or referred ordinance shall be held not less than thirty (30) or more than sixty (60) days from the date the Council acted or was deemed to have acted pursuant to paragraph (i) of subsection (e) of this Section that the petition was determined sufficient. If no regular election is to be held within the period described in this paragraph, the Council shall provide for a special election, except that the Council may, in its discretion, provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. (iii) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the Village by filing with the Clerk or other official designated by the Council a request for withdrawal signed by at least eight -tenths (8/10) of the members of the petitioners' committee.. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. (f) Results of election. (i) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (ii) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 5.03. Form of ballots. A charter amendment, ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described [amendment/ordinance/proposal] be adopted?" Immediately below such question shall appear, in the following order, the word "YES" and also the word "NO." - 35 - ARTICLE VI. CHARTER AMENDMENTS Section 6.01. Charter amendments. This Charter may be amended in accordance with the provisions of this Article. Section 6.02. Procedure to amend. (a) Initiation. This Charter may be amended in two (2) ways: (i) By ordinance. The Council may, by ordinance, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the Village or at a special election called for such purpose. (ii) By -petition. The electors of the Village may propose amendments to this Charter by petition. Each petition proposing amendments to this Charter shall be commenced, in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance proposed by initiative pursuant to Section 5.02. (b) Submission to electors. Upon certification of the sufficiency of a petition, the Council shall submit the proposed amendment to a vote of the electors at the next general election if such election is scheduled to be held not less than sixty (60) days or more than one hundred twenty (120) days from the date on. which the petition was certified or at a special election called for such purpose. A special election, if necessary, shall be held not less than sixty (60) days or more than one hundred twenty (120) days from the date on which the petition was certified. (c) Results of election. If a majority of the qualified electors voting on a proposed amendment vote for its adoption, it shall be considered adopted upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 6.03. Form of ballot. Any charter amendment ballot issue to be voted on by the electors shall be presented on the ballot in the form required by Section 5.03. - 36 - ARTICLE VII. GENERAL PROVISIONS* *Code reference --General provisions, ch. 1. Section 7.01. No casino gambling. There shall be no casino gambling within the Village;. provided, however, that nothing herein shall prevent religious, educational or charitable organizations from holding occasional events which feature games of chance which are not otherwise prohibited by State or County law. Section 7.02. Severability. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. Code reference--Severability of Code, § 1-13. Section 7.03. Conflicts of interest; ethical standards. All truatcca Councilmembers, officials and employees of the Village shall be subject to the standards of conduct for public officers and employees set by law. In addition, the Council may, by ordinance, establish a code of ethics for Council Members, officials and employees of the. Village. Without in any way limiting the generality of the foregoing, no member of the Council shall have a financial interest, direct or indirect, or by reason of ownership of stock or other equity ownership in any corporation or entity, in any contract or in the sale to the Village or to a contractor supplying the Village of any land or rights or interests in any land, material, supplies, or services unless, after full disclosure to the Council of the nature and extent of such interest, the same is authorized by the Council before the event or accepted and ratified by the Council after the event. No member of the Council who possesses such a financial interest shall vote on, or participate.in the Council deliberations concerning, any such contract or sale if such interest is more than a de minimis interest. Any violation of this Section with the knowledge of the person or entity contracting with the Village shall render the contract voidable by the Council. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) - 37 - Code reference --Village Council, § 2-21 et seq. Section 7.04. Village personnel system; merit principle. All new employments, appointments and promotions of Village officers and employees shall be made pursuant to personnel procedures to be established by the manager from time to time. Such personnel procedures shall be based on principles of merit and fitness. Section 7.05. Grants and Charitable contributions. The Village shall not make any grants or charitable contribution to any person or entity, except such grants or contributions as have been approved by all seven (7) Council Members. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 7.06. Charter revision. At its first regular meeting in December of every fifth (5th) year after the adoption of this Charter, commencing with December 1996, the Council shall appoint a charter revision commission (the "Charter Revision Commission") consisting of five (5) persons, one (1) of whom shall be a member of the Council serving a second consecutive term as Council Member and four (4) of whom shall be electors of the Village. If there are no trustees Councilmembers serving a second consecutive term, the Council shall appoint to the revision commission one (1) Council Member. The Mayor shall not be eligible for appointment to the Charter Revision Commission. The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by the Council. If the Charter Revision Commission determines that a revision is needed, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council not later than the ninetieth (90th) day after their appointment by the Council April 1 of the year following appointment. The report of the Charter Revision Commission may grant to the Council the option of placing the proposed amendments on the ballot for the next scheduled election.. 34%e Charter Revision Commission may instruct the Council to place the ,...d...eets the b.,l lot of the .... _h_a..l _a. el ect-io Otherwise, the Council shall, not less than thirty (30) days or more than sixty (60) days after submission of the proposed amendments to the Council, submit them to the electors of the Village in accordance with the provisions of Section 6.02, except that the provisions of subsections '(a) and (b) of such Section shall not apply. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) - 38 - Section 7.07. Variation of pronouns. All pronouns and any variation thereof used in this Charter shall be deemed to refer to masculine, feminine, neutral, singular or plural as the identity of the person or persons shall require and are not intended to describe, interpret, define or limit the scope, extent or intent of this Charter. ARTICLE VIII. TRANSITION PROVISIONS* *Editor's note --The former sections of the Charter printed in this note, with their history, have become ineffective and no longer a part of the Charter, pursuant to section 8.01 of the Charter, since the implementation of each such section has been accomplished. Set out herein are former sections 8.02, 8.05, 8.06, and subsections (c)(i)--(iii) and (g) of section 8.07: Section 8.02. Interim governing body. After adoption of this Charter but prior to the election and acceptance of office of the first elected Village Council, the governing body for the Village shall be the Dade County Board of County Commissioners. In acting as the governing body for the Village during this interim period, the Dade County Board of County Commissioners shall not make decisions which could reasonably be postponed until the election of the Village board of trustees or which would materially alter or affect the status quo within the Village boundaries. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 8.05. Fiscal year and first budget. The first fiscal year of the Village shall commence on the effective date of this Charter and shall end on September 30, 1992. The first budget shall be adopted on or before October 30, 1991. Section 8.06. Transitional ordinances and resolutions. The Council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within sixty (60) days after the first Council meeting may be passed as emergency ordinances. These transitional ordinances shall be effective for no longer than ninety (90) days after adoption, and thereafter may be readopted, renewed or otherwise continued only in the manner normally prescribed for ordinances. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) - 39 - Section 8.07. Initial election of Council and Mayor . * * * (c) 1991 elections. The primary and regular elections in 1991 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e), except as follows: (i) only those candidates will qualify for election who have filed written notice of candidacy for Council Member or Mayor (but not both) with the Dade County Elections Department, which notice is received before 5:00 p.m., August 5, 1991[,] and which notice shall: (A) indicate whether the candidate seeks the office of Council Member or Mayor; (B) contain the candidate's certification that s/he is a qualified elector of the State of Florida, is registered to vote in the Village and has resided continuously within the Village since August 5, 1990; (C) contain or be accompanied by such other information or statement, if any, as may be required by the Dade County Elections Department; (D) be signed by the candidate and duly notarized; and (E) be accompanied by a check payable to the Dade County Elections Department in the amount of $100.00; (ii) there will be six (6), rather than three (3), Council positions to be filled; Ciii) the number of candidates on the regular election ballot will be twelve (12), rather than six (6); or a lesser number equal to two (2) times the number of Council positions to be filled, if any candidates were duly elected to the Council in the primary; * * * (g) Induction into office. Those candidates who are elected at the first regular election shall take office at the initial Council meeting, which shall be held at 7 p.m. on September 23, 1991[,] at the Key Biscayne Elementary School. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 8.01. Temporary nature of Article. The following sections of this Article are inserted solely for the purpose of effecting the incorporation of the Village and - 40 - the transition to a new municipal government. Each section of this Article shall automatically, and without further vote or act of the electors of the Village, become ineffective and no longer a part of this Charter at such time as the implementation of such section has been accomplished. Section 8.04. Taxes and fees. Until otherwise modified by the Village Council, all municipal taxes and fees imposed within the Village boundaries by the County as the municipal government for unincorporated Dade County, which taxes and fees are in effect on the date of adoption of. this Charter, shall continue at the same rate and on the same conditions as if those taxes and fees had been adopted and assessed by the Village. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 8.07. Initial election of Council and Mayor. NOTE TO EDITOR - MOVE SECTIONS 8.07(a), (b),(c),(d) & (e) TO A FOOTNOTE. (a) Transition. This Section shall apply to all primary and regular elections for Council and Mayor held on or before December 31, 1996[,] and any conflicting provisions of Section 5.01 shall not apply to such elections. (b) Election dates. The first Village primary election shall be held on September 3, 1991. Primary elections shall also be held in 1993 and 1994 on the day of the second State primary election, or if none are held in any such year, on the first Tuesday following the first Monday of October. The first Village regular election shall be held on September 17, 1991,. Regular elections shall also be held in November of 199.3 and 1994 onthe same day U.S. congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday of said month and year. (c) 1991 elections. The primary and regular elections in 1991 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e), except as follows: * * * (iv) the Mayor will be elected to a two (2) year term expiring in 1993; (v) the three (3) duly elected Council Members receiving the most votes, respectively, will be elected to three (3) year terms expiring in 1994; for purposes of this provision, any Council Member duly elected in the primary will be considered to have received more votes - 41 - than any Council Member elected in the regular election; and (vi) the three (3) remaining duly elected Council Members will be elected to two (2) year terms expiring in 1993. (d) 1993 elections. The primary and regular elections in 1993 shall be held pursuant to the procedures set forth in Section[s] 2.03, 2.04 and Section 5.01(d) and (e), except as follows: (i) the Mayor will be elected to a three (3) year term expiring in 1996; and (ii) the three (3) duly elected Council Members will be elected to a three (3) year term expiring in 1996. (e) 1994 elections. The primary and regular elections in 1994 shall be held pursuant to the procedures set forth in Section 2.03 and Section 5.01(d) and (e) . (f) Maximum terns. Notwithstanding Section 2.03, any Council Member (including the Mayor ) elected in the 1991 election may serve for a maximum of nine (9) consecutive years on the Council, and the Mayor elected in 1991 or 1993 may serve for a maximum of five (5) consecutive years as Mayor . * * * (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 6. The County registration books shall remain open at the Office of the Dade County Supervisor of Elections until May 12, 1997, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 7. The Dade County Supervisor of Elections is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution. Section 8. This special election shall be canvassed by the County Canvassing Board in accordance with the provisions of the - 42 - general election laws. Section 9. That copies of this Resolution and the Report proposing the Charter amendments are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and will be available for public inspection during regular business hours until 7:00 p.m. on the day of the election. Section 10. That if a majority of the qualified electors voting on a proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 11. That this Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 1 day of APRIL , 1997. ATTEST: F. FESTA, MAYOR Conchita Alvarez, CMC Village Clerk APPROVED' AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney \103001\resoluti\ballot. m21 - 43 - RESOLUTION NO. 97-16 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING CONCERN OF THE VILLAGE COUNCIL OVER PROPOSED BUDGET AND PERSONNEL CUTS AT THE NATIONAL HURRICANE CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the National Weather Service's National Hurricane Center is located in Dade County; and WHEREAS, Florida is the state most likely to be adversely affected when hurricanes and tropical storms make landfall in the United States; and WHEREAS, the National Weather Service proposes to cut the budget of the National Hurricane Center, and to cut the center's staff by 24 percent; and WHEREAS, these cuts increase the risk to the people of Florida and Southern and Northern States and are contrary to the goal of protecting the public safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village of Key Biscayne opposes the proposal by the National Weather Service to cut out expenses and personnel at the National Hurricane Center, leaving the people of this state with dangerously reduced protection from the threat of natural disaster. Section 2. The Village Clerk is hereby directed to forward a copy of this resolution to the President of the United States of America, U.S. Senator Bob Graham, U.S. Senator Connie Mack, U. S. Representative Ileana Ros-Lehtinen, State Senator Ronald Silver and to the chief of the National Weather Service. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of April , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-17 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING VILLAGE PARTICIPATION IN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' WA 1 ERFRONTS FLORIDA PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council supports Beach Improvements and Shoreline Protection through the funding of the Proposed Beach Nourishment Project, and the Long -Term Beach Nourishment Plan; WHEREAS, the Village Beach Resource and Management Task Force has established a set of necessary short-term and long-term goals and objectives focusing on beachfront protection and revitalization; and WHEREAS, the Waterfronts Florida Program will for two years provide technical assistance and minor funding for the organization and completion of beachfront revitalization; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute all necessary documentation in association with a grant from the Waterfronts Florida Program. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of April, 1997 a/Ai/Se CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHA J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JUNE 10, 1997 BY MAIL BALLOT PROCEDURE; PROVIDING FOR AMENDMENTS PROPOSED BY THE VILLAGE COUNCIL CONCERNING SECTION 5.02, "INITIATIVE AND REFERENDUM"; TO PROVIDE TIME LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR EXERCISE OF REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING THE ISSUANCE OF DEBT; SECTION 7.05, "CHARITABLE CONTRIBUTIONS" TO REQUIRE FIVE (5) COUNCIL VOTES FOR APPROVAL OF ISSUANCE OF GRANTS AND TO REQUIRE FIVE (5) COUNCIL VOTES FOR CHARITABLE CONTRIBUTIONS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Dade County Charter Section 5.03 and Village Charter Section 6.02(a) (i), the Village Council has adopted an ordinance proposing revisions to the Village Charter and has caused to be drafted the appropriate amendments to the Village Charter for submission to the electors; and WHEREAS, in accordance with Section 6.02(b) of the Village Charter and Section 5.03 of the Dade County Charter, the Village Council desires to submit the proposed amendments to the electors of the Village for approval or disapproval. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby called for Tuesday, the 10th day of June, 1997 to present to the electors of the Village of Key Biscayne (the "Village") the ballot questions provided in Section 3 of this Resolution. Section 2. That mail ballots, asprescribed by Sections 101.6101-101.6107, Florida Statutes, shall be used in this special election. All qualified electors residing within the Village shall be entitled to vote. Section 3. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior- to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN ENABLING ORDINANCE AND RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE"VILLAGE") AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY,. JUNE 10, 1997, BY MAIL BALLOT, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. GRANTS TO REQUIRE FIVE (5) COUNCIL MEMBER VOTES The Village Council has proposed that instead of amending the Charter to require that no grant be made by the Village unless it has been approved by all seven (7) Council Members;' as..:recommended by the Chartex_Revision Commission, that the Charter be amended to- require the vote of five (5) Council Members for grant approval. Shall the above described amendment be adopted? Yes [ I No [ TIME FOR REFERENDUM PROCEEDINGS CONCERNING ORDINANCE AUTHORIZING ISSUANCE OF DEBT The current Village Charter does not generally provide a time limit for commencement of proceedings for exercise of the referendum power to require the Village Council to reconsider an ordinance. The Village Council has proposed that the Charter be amended to require referendum proceedingsto be commenced within thirty (30) days of ordinance adoption for the reconsideration of any ordinance authorizing the issuance of debt. Shall the above described amendment be adopted? Yes [ l No [ ] CHARITABLE CONTRIBUTIONS TO REQUIRE FIVE (5) COUNCIL MEMBER VOTES The current Village Charter requires that no charitable contribution be made unless approved by all seven (7) Council Members. The Village Council has proposed that the Charter be. amended to require that no charitable contribution be made by the Village unless it has been approved.by five (5) Council members. Shall the above described amendment be adopted? Yes [ ] No [ ] The above described propositions are in addition to the amendments recommended by the Charter Revision Commission. Section 4. That the full text of the proposed amendments, as submitted to the electors, is to amend the Village Charter by adding the new matter underlined and deleting the matter struck through in subsection A., B. and C. below, as follows: A. That Section 5.02, "Initiative and referendum" of the Village Charter, is amended by revising paragraph (ii) (A) of subsection (a) of this Section to .read as follows?: Section 5.02. Initiative and referendum. (a) Power to initiate and reconsider ordinances. (i) Initiative. The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Village election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. (ii) -Referendum. (A) The electors of the Village shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, provided that such power shall not extend -to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. The referendum 'power described in paragraph (ii)(A) of this subsection (a) shall not be available to require reconsideration of an ordinance authorizing issuance of debt unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance B. That Section 7.05, "Charitable Contributions" of the Village Charter is amended to read as follows: Section 7.05. Charitable contributions. The Village shall not make any charitable contributions to any person or entity, except such contributions as have been approved by all scvcn (7) five (5) Council Members. C. That Section 7.05, "Charitable Contributions" of the Village Charter is amended to read as follows: Section 7.05. Grants and Charitable contributions. The Village shall not make any grants or charitable contributions to any person or entity, except such grants as have been approved by five (5) Council members or contributions as have been approved by all seven (7) Council Members. Section 5. The County registration books shall remain open at the Office of the Dade County Supervisor of Elections until May 12, 1997, at which date the registration books shall .close in accordance with the provisions of the general election laws. Section 6. The Dade County Supervisor of Elections is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution. Section 7. This special election shall be canvassed by the County Canvassing Board in accordance with the provisions of the general election laws. Section 8. That copies of this Resolution and the ordinance proposing the Charter amendments are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and will be available for public inspection during regular business hours until 7:00 p.m. on the day of the election. Section 9. That if a majority of the qualified electors voting on a proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 10. That this Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 8th day of April hist- Co- ncfita Alvarez, CMC Village Clerk , 1997. F. FESTA, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney \103001\resoluti\ballot2.m24 RESOLUTION NO. 97-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF MEMBERS OF THE CHARTER REVISION COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Members of the Charter Revision Commission of the Village of Key Biscayne where appointed on December 10, 1996; and WHEREAS, the commission, in accordance with the Village Charter, was established for the purpose of reviewing the Charter of the Village of Key Biscayne and submitting recommendations to the Village Council for amendments to the Charter; and WHEREAS, the commission of five members has submitted to the Village Council their final report on March 7, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That a copy of this resolution shall be presented to each member of the commission in appreciation of their commitment and dedication to the Village and its residents. Each copy shall state: Presented to In appreciation for his/her commitment and dedication to the Village of Key Biscayne as a member of the Charter Revision Commission. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of April , 1997. dinis CONCHITA 11. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICH J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-20 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH MR. FRANK GARISTO, TO PROVIDE VIDEOGRAPHIC SERVICES FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Frank Garisto has provided videography service for the Village since 1991; WHEREAS, the Village is desirous of continuing his services; BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached Agreement, on behalf of the Village, with Mr. Frank Garisto. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of April , 1997. F. FESTA, MAYOR awebt CONCHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-21 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CONTRACT WITH U.S. BRICK, INC., ATTACHED, AND MARKED EXHIBIT A, B, AND C IN AN AMOUNT NOT TO EXCEED $70,000, PROVIDING FOR FINANCING, PROVIDING FOR AN EFFECTIVE DA 1'E. WHEREAS, the Council of the Village of Key Biscayne awarded a drainage, paving, sidewalk and traffic calming improvement contract and change orders on March 12, 1996 and March 11, 1997, respectively; WHEREAS, the Council wishes to award to U.S. Brick, Inc., a contract at a cost not to exceed $70,000 to install inter -locking brick pavers at locations along Femwood Road and West Mashta Drive, as a result of competitive bids, to complete these projects; BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the contracts between U.S. Brick, Inc. and the Village to install interlocking brick pavers at selected locations along Femwood Road and West Mashta Drive. Section 2. Funds in the amount of $70,000 to finance this project shall be appropriated from the 1996 undesignated fund balance to the Public Works budget. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of April , 1997. F. FESTA, MAYOR CONCHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHA J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-22 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OBJECTING TO SPECIAL ACT LEGISLATION TO PERMIT THE ABOLISHMENT OF A MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT OR CONCURRENCE OF THE MUNICIPALITY ; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Senator Jack Latvala (R), District 19 has sponsored SB 1852 and Representative Debra Prewitt (D), District 46 has sponsored BB1295, a Special Act of the Legislature of Florida advocating the abolition of the City of Port Richey and its annexation to the City of New Port Richey without a study by the Florida Department of Community Affairs, either local jurisdiction or any independent study group or organization; and WHEREAS, this Special Act legislation calls for the abolishment of the City of Port Richey, Florida, and further calls for the City of Port Richey to be annexed into the City of New Port Richey, Florida through the vehicle of a forced referendum to be held in both cities, by a special election to be held in September 1997, and not during the regular election of both cities to be held in April of each year; and WHEREAS, neither the City of New Port Richey nor the City of Port Richey have requested this action be taken by the Florida Legislature, and the City of Port Richey has clearly and vigorously voiced it's opposition to the entire forced mandate by the bill sponsors; and WHEREAS, the action taken by the bill sponsors is with a complete disregard for the fundamental principles upon which home rule was founded and exists pursuant to Florida law, as well as the constitutional provisions contained in all municipal charters for the electorate to bring a question of this magnitude to a referendum as the community deems proper and necessary; and WHEREAS, the Village Council of the Village of Key Biscayne is deeply concerned about the impact similar legislation could have for any city in the state. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village of Key Biscayne formally voices it's concern regarding this matter of great importance to our local legislative delegation members and to the sponsors of the unprecedented action, Senator Jack Latvala and Representative Debra Prewitt, and requests that an immediate response be forthcoming from the sponsors setting forth with particularity the reasons and necessity for such legislation affecting the ability of the two cities to determine their own destiny at the local level without intrusion by the Legislation. Section 2. That the Village of Key Biscayne further resolves that the Chairperson of the Florida Constitutional Revision Commission be advised of the concerns of this Council regarding the power of the Florida Legislature to burden any City of the state with the need to protect itself from future unilateral legislative action without provocation or justification, and to amend the Florida Constitution to provide for necessary checks and balances, study by appropriate state agencies and a referendum by the people affected before any municipality of the State of Florida may be abolished, merged or otherwise consolidated with another local government. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of April , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK YOR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC�ARD J. WEISS, VILLAGE ATTORNEY ICE ('C FOR RESOLUTION NO. 97-23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING METRO-DADE MAYOR ALEX PENELAS' INITIATIVE FOR STRICTER HAND GUN REGULATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Metropolitan -Dade County Mayor Alex Penelas, has proposed an initiative to insure greater control of handguns and their use in order to better protect the safety of persons and property; and WHEREAS, current state law preempts the field of firearm control and does not allow large highly urbanized counties such as Dade County to impose stricter regulation of the sale, purchase, possession and transfer of firearms and ammunition; and WHEREAS, the Village Council of the Village of Key Biscayne, believes that stricter control of firearms and ammunition is absolutely necessary to fight the constant stream of senseless violence which daily deprives our children of their innocence and their lives and deprives our citizens of any meaningful peace of mind and quality of life. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council of the Village of Key Biscayne hereby expresses its wholeheartedly support of Metro -Dade Alex Penelas' Handgun Control Initiative and further urges all relevant Federal, State, County officials to review proposals controlling and imposing greater restrictions on the availability of ammunition thereby creating double safeguards for the ultimate protection of our citizens and residents. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOP I'ED this 8th day of April , 1997. Tga "said CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-24 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF MIRTA PENELAS, MOTHER OF METROPOLITAN DADE COUNTY MAYOR, ALEX PENELAS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mirta Penelas was born in Cuba and immigrated to the United States; and WHEREAS, Mirta Penelas, mother of Mayor Alex Penelas was an exemplary mother and citizen through her devotion to her own family and Dade County; and WHEREAS, Mirta Penelas was a highly respected citizen and will be greatly missed by her family and members of Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Mayor and Members of the Village Council do hereby express their sympathy in the death of Mirta Penelas. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 29th day of April , 1997. a7C- AYOR JOHN F. FESTA Az/am6,1- CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: T. RICI3'ARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-25 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH FIREPOWER DISPLAYS UNLIMITED, INCORPORATED, PRINCETON, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council supports a Fourth of July fireworks display for residents and visitors on Key Biscayne; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Mayor is hereby authorized to enter into an one (1) year agreement on behalf of the Village with Firepower Displays Unlimited, Incorporated, Princeton, Florida, at a cost not to exceed $50,000 in 1997, to provide a Fourth of July fireworks display. Section 2. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 29th day of April , 1997, OR JOHN F. FESTA _care,_ AT Ai/a/az CONCHITA H. ALVAREZ, VILLAGE CLERIC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Ri WEISS, VILL AGE ATTORNEY shanais RESOLUTION NO. 97-26 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH CAP ENGINEERING CONSULTANTS, INC., A FLORIDA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached Agreement, on behalf of the Village, with CAP Engineering Consultants, Inc., a Florida Corporation. Section 2. The Consultant shall provide professional services for the Sanitary Sewer System Planning and Preliminary Design, State revolving Fund Pre -Construction Loan Agreement for the Village. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 29th day of April , 1997. TESTA, MAYOR AelAllgidn CONCHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: IVY RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-27 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 11 THROUGH MAY 17, 1997 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the week of May 11 through May 17, 1997 has been established as National Police Week as a time for the nation to honor those police officers and their families who have paid for our safety with their own lives; and WHEREAS, the National Law Enforcement Memorial in Washington D.C. contains the names of 13,500 federal, state and local law enforcement officers who have been killed in the line of duty since 1794; and WHEREAS, on average, one law enforcement officer is killed in America every other day, 65,000 officers are assaulted and 23,000 are injured annually; and WHEREAS, some 75,000 sworn officers put their lives on the line for our protection each an every day; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That in recognition of the sacrifice of police officers who have given their lives to protect the public and the impact of this sacrifice on their families, the Village Council hereby recognizes May 11 through May 17, 1997 as National Police Week and pays tribute to the courageous deeds and valor of law enforcement officers. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOP IIED this 29th day of April , 1997. A2dghn ITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICH J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-28 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH IKON OFFICE SOLUTION OF MIAMI LAKES, FLORIDA, FOR THE PROVISION OF A PHOTOCOPIER AND SERVICE AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement on behalf of the Village with IKON Office Solutions of Miami Lakes, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 29th day of April , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J. WEISS, VILLAGE ATTORNEY OR JOHN F. FESTA 1 RESOLUTION NO. 97-29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING GRANT AGREEMENT BETWEEN THE VILLAGE, THE KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION AND THE DADE COUNTY SCHOOL BOARD CONCERNING THE ENHANCED INSTRUCTIONAL TECHNOLOGY PROGRAM AT THE KEY BISCAYNE ELEMENTARY SCHOOL. WHEREAS, the Village Council finds that providing financial assistance towards the Dade County School Board's cost for enhanced instructional technology at the Key Biscayne Elementary School serves a municipal public purpose in promoting and advancing education in the Village; WHEREAS, the attached Village Village of Key and Council finds that the approval of the Biscayne Grant Agreement between the Village, the Dade County School Board and the Key Biscayne Technology Trust Foundation, is in the best interest of the Village of Key Biscayne. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Village of Key Biscayne Grant Agreement, in substantially the form attached hereto, is hereby approved and the Mayor and Village Clerk are hereby authorized, in their respective capacities, to execute such Agreement on behalf of the Village of Key Biscayne. Section 2. The form of the Village of Key Biscayne Grant. Agreement shall be revised by the Village Attorney to be solely between the Village and the Dade County School Board, in the event that the Key Biscayne Technology Trust Foundation does not execute and deliver to the Village Attorney the Grant Agreement and irrevocable instruction for wire transfer of Grant Funds, pursuant to the Agreement, within five (5) business days of delivery of the Grant Agreement to the Key Biscayne Technology Trust Foundation. Section 3. The Village Manager is authorized to take all action necessary to implement the provisions of this Resolution and the Agreement approved herein. Section 4. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 29th day of April, 1997. ai/Sve Conlita Alvarez, CMC Village Clerk F. FESTA, MAYOR APPROVED Zj.5 TO ,FORM AND LEGAL SUFFICIENCY: Village Attorney \103001\resoluti\grantagr. a23 RESOLUTION NO. 97-30 A RESOLUTION OF THE MAYOR AND MEMBERS OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING OUTRAGE OVER THE EARLY RELEASE OF CONVICTED VIOLENT FELONS AND REQUESTING OFFICIALS AT EVERY LEVEL OF GOVERNMENT TO INSTITU fh POLICIES AND PROCEDURES EXHIBITING "ZERO TOLERANCE" FOR VIOLENT FELONS, RECIDIVISTS AND CAREER CRIMINALS. WHEREAS, citizens and residents throughout the State of Florida are outraged by the early "gain time" release of hundreds of violent criminals who will undoubtedly constitute an ongoing threat of further felonious conduct victimizing our citizenry; and WHEREAS, the Mayor and members of the Village Council of the Village of Key Biscayne believe that all levels of government should be concerned with instituting policies and procedures to prevent the creation of practices detrimental to the safety and welfare of our citizens and to encourage only practices that promote "zero tolerance" for all violent offenders, recidivist felons, and career criminals. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Mayor and Members of the Village Council hereby request assistance from Federal and State Congressional leaders as well as County and Municipal levels of government in promoting and adopting practices and policies which protect our innocent and law abiding citizenry and exhibit"zero tolerance" for violent offenders, repeat felons and career criminals. Section 2. The Village Clerk is hereby directed to send a copy of this Resolution to all appropriate Federal, State, County, and local officials. PASSED AND ADOPTED this 13th day of May , 1997. 1,a -a HITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHA J�LLAGE ATTORNEY RESOLUTION NO. 97-31 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENTS WITH KBS DEVELOPMENT ASSOCIA fES, MARKED AS EXHIBIT I, AND THE AGREEMENT WITH WILLIAMS, HATFIELD & STONER, INC., MARKED AS EXHIBIT II FOR A TOTAL COST NOT TO EXCEED $40,000 FOR THE PREPARATION OF A FLOOD PLAIN MANAGEMENT PROGRAM AS GENERALLY DEFINED IN THE NATIONAL FLOOD INSURANCE PROGRAM, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village submitted an application for a $45,000 grant from the State Emergency Management Preparedness and Assistance Trust Fund, Department of Community Affairs, on November 17, 1996; WHEREAS, the Department of Community Affairs ranked our application number one out of 270 applications received and the Council of the Village of Key Biscayne was informed of this award at the March 11, 1997, Council meeting; WHEREAS, the Grant awarded was received, executed and approved by the Department on April 15, 1997; WHEREAS, the total cost for the Floodplain Management Program will be $45,000 with the local share being contributed in the form of in -kind contributions; BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the contracts between KBS Development Associates and William Hatfield & Stoner, Inc. to prepare and finalize the Floodplain Management Program. Section 2. Funds in the amount of $45,000 shall be provided by the Florida Department of Community Affairs. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of Ma, , 1997. T: CDWCHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIGS, VILLAGE ATTORNEY RESOLUTION NO. 97-32 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO MANTY SABATES MORSE, DADE COUNTY PUBLIC SCHOOL BOARD MEMBER FOR BEING INSTRUMENTAL IN THE ADDITION OF THE MIDDLE SCHOOL TO KEY BISCAYNE FOR THE SCHOOL YEAR 1998- 1999; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council and the residents of the Village of Key Biscayne feel that education is an essential part of community life; and WHEREAS, the Village Council of the Village of Key Biscayne expresses its appreciation to Manty Sabates Morse, Dade County Public School Board Member for her invaluable assistance in the addition of the middle school to Key Biscayne for the school year 1998-1999; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council expresses its appreciation to Manty Sabates Morse, Dade County Public School Board Member for her assistance in the addition of the middle school to Key Biscayne for the school year 1998-1999. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of June , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO F RICHARD ISS D LEGAL SUFFICIENCY: ATTORNEY RESOLUTION NO. 97-33 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO THE DADE COUNTY PUBLIC SCHOOL BOARD MEMBERS FOR THEIR SUPPORT IN THE CONVERSION OF THE KEY BISCAYNE ELEMENTARY SCHOOL TO A K-8 SCHOOL FOR THE SCHOOL YEAR 1998- 1999; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council and the residents of the Village of Key Biscayne feel that education is an essential part of community life; and WHEREAS, the Village Council of the Village of Key Biscayne expresses its appreciation to the Dade County Public School Board Members for their support in the conversion of the Key Biscayne Elementary School to a K-8 school for the school year 1998-1999; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council expresses its appreciation to the Dade County Public School Board Members for their support in the conversion of the Key Biscayne Elementary School to a K-8 school for the school year 1998-1999. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of June , 1997. Aaa, CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FIRM AND LEGAL SUFFICIENCY: RICHARD J.' IS LLAGE TTORNEY RESOLUTION NO.97-34 RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTION 97- 3, ON THE SAME SUBJECT MATTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in the past various Village Councils have adopted rules to assist in the orderly conduct of its meetings; and WHEREAS, this Council wishes to make certain amendments to those rules. as well as to provide a comprehensive document containing all the current rules of the Village Council. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Council hereby adopts the following rules of procedure to govern it in the conduct of its meetings: 1. Reports by the Mayor and Councilmembers should be placed on the Agenda early in the meeting and prior to other business which might be time consuming. 2. The Village Manager's report shall..be presented no later than 10:00 p.m. on the evening of a•Village Council meeting. 3. Approval of the Minutes should be. dispensed by unanimous consent if there are no corrections or additions. 4. A motion should be presented in a clear and concise way. If necessary, the Mayor or the Village Attorney shall clarify a motion to insure that the Council is fully aware of the matter being considered. 5. A motion should be seconded prior to any discussion. 6. The Mayor should call on the maker of the motion, once seconded, for an explanation of the motion prior to calling on any other member of the Council or the public: 7. Voice votes are tobe used whenever possible unless a Roll -Call is requested by any member. 8. A Roll -Call vote should be used for all ordinances. 9. A Roll -Call vote should be called on a rotational basis so that a different member of the Council is called on to Page 1 of 2 Pages vote first, a different member second and so on. The Mayor should not always be the last to vote, but should be called on a regular rotation. 10. The Council will develop, foster and encourage open, honest but gentle communications between all members of the Council and the public. 11. The Council will be considerate 'of and show respect -for each member of the public. 12. The Council will make a sincere effort to understand the issues being raised by another Councilmember or members of the public and seek to address those issues to the best interest of the Village. 13. The Council meetings will be conducted in a business like, yet open and friendly way so as to allow most � of the Village efficient accomplishment tae business without .. unnecessary formalities while respecting -the rights of each individual to express his/her opinion. 14. Presentations by members of the public are limited to three minutes unless a greater period of time is authorized by the Council. 15. Councilmembers are encouraged to regularly attend and participate in Council meetings, workshops, planning sessions, LPA meeting, etc. so that the input and perspective of all Councilmembers is received. Section 2. Resolution 97-3, concerning the same subject matter as this Resolution, is hereby repealed. This shall not operate to revive those resolutions repealed by Resolution 97-3. Section 3. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 24th AT HITA ALVAREZ VILLAGE CLERK 103001\resolution\rules. dl0 day of June, 1997. /JOAN F. FESTA MAYOR APPROVED AS TO LEGAL SUFFI_CIENGY VILLAGE ATTORNEY 2 Pages RESOLUTION NO. 97-35 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE CHIEF OF POLICE OF THE VILLAGE OF KEY BISCAYNE TO EXECUTE THE ATTACHED MUTUAL AID AGREEMENT ON BEHALF OF THE VILLAGE WITH THE DADE COUNTY SCHOOL BOARD; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Chief of Police of the Village of Key Biscayne is hereby authorized to execute the attached mutual aid agreement on behalf of the Village with the Dade County School Board, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24th day of June , 1997. ATT T: Vg/k>AA, CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J. WEISS, VILLAGE ATTORNEY 9 3 -pit OR JOHN F. FESTA RESOLUTION NO.97-36 A RESOLUTION OF THE LOCAL, PLANNING AGENCY OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOMMENDING .THE APPROVAL OF A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne adopted its Comprehensive Master Plan on September 12, 1995, pursuant to Ordinance 95-8, as approved by the State Department of Community Affairs on October 20, 1995. WHEREAS, the State of Florida, Department of Community Affairs has found the Comprehensive Master Plan in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Village desires to amend the Future Land Use Map of the Master Comprehensive Plan and the proposed amendment affects the use of less than ten (10) acres and otherwise meets the criteria for a small scale development amendment as provided for in Section 163.3187(1)(c), Florida Statutes; WHEREAS, the Local Planning Agency, after public hearing, hereby recommends the amendment to the Comprehensive Master Plan. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE LOCAL PLANNING AGENCY OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Local Planning Agency hereby recommends to the Village Council the amendment to the Future Land Use Map of the Comprehensive Master Plan of the Village of Key Biscayne, attached to this Resolution as Exhibit "A". Section 2. This Resolution shall take effect immediately upon adoption. ATTE ADOPTED this 24th day of June BE'1'l Y atii/gfayercic S VILLAGE CLERK APPRO , _ ,;0 FOR AND LEGAL SUFFICIENCY: VILLA ORNEY 103001\Resolution\bevel 2 , 1997. RESOLUTION NO. 97-37 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RAPE, 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 METROPOLITAN 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, 1997 the Honorable Joel Robbins, Property Appraiser of Metropolitan Dade County, Florida, served upon the Village of Key Biscayne, A "Certification of Taxable Value" certifying to the Village of Key Biscayne its 1997 taxable value; and WHEREAS, the provisions of Florida 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 Metropolitan Dade County the proposed millage rate, the current year rolled -back rate, and the date, time and place at which a first public hearing 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 hearings to the Property Appraiser of Metropolitan Dade County; and WHEREAS, the Village Council has reviewed the figures supplied by the Property Appraiser of Metropolitan 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 hearing is hereby declared to be .003606 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 $3.563 per $1,000.00. 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 11, 1997 7:00 p.m. Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 September 30, 1997 7:00 p.m. Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 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 Joel Robbins, Property Appraiser of Metropolitan Dade County on or before August 5, 1997. Section 5. This resolution shall be effective immediately upon its adoption. PASSED AND ADOP 1'ED this 1st day of July , 1997. Aididdy CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: S l'EP N J. HELFMA , VILLAGE ATTORNEY RESOLUTION NO. 97-38 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA EXPRESSING OPPOSITION OF THE VILLAGE COUNCIL TO THE REQUESTED RELEASE OF THE DEED RESTRICTION HELD BY DADE COUNTY UPON CERTAIN LANDS OWNED BY THE CITY OF MIAMI SITUATED IN VIRGINIA KEY; PROVIDING FOR DISTRIBUTION OF RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council has been advised that the City of Miami has requested Dade County as a part of the negotiations concerning the arena site to release the public park purpose deed restriction held by Dade County upon lands in Virginia Key owned by the City of Miami; and WHEREAS, the Village Council finds that, in the absence of appropriate and enforceable conditions and safeguards, the release of the deed restriction could be adverse to the interests of the Village of Key Biscayne and Dade County. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are hereby incorporated by reference. Section 2. That the Village Council hereby respectfully requests that the County not release the above described deed restriction on Virginia Key and requests notice and an opportunity to be heard by the Board of County Commissioners prior to any consideration of releasing the deed restrictions. Section 3. That the Village Clerk shall cause a copy of this Resolution to be distributed to the Board of County Commissioners of Dade County, Florida, the Mayor of Dade County, Florida and the County Manager. m. - Section 4. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 1st day of July, 1997. F. FESTA, MAYOR one ita Alvarez, CMC Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 103001\resolution\virginia. key Village Attorney RESOLUTION NO. 97-39 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING THE CANDIDACY OF VICE MAYOR JOHN KLIRZMAN FOR THE POSITION OF 2ND VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES INC; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John Kurznian, an elected official of the City of North Miami Beach, Florida since May of 1979 has served 18 years of great municipal leadership and is commencing his 10th consecutive term; and WHEREAS, John Kurzuian has served as a councilman of the highest ethics and integrity and has served the cities' citizens as Vice Mayor on numerous occasions; and, WHEREAS, Councilman John Kur an has been recommended to offer his knowledge, expertise and breadth of local government experience to serve as the 2nd Vice President for the Florida League of Cities, Inc.; and, WHEREAS, John Kurznlan has served on the Executive Board of Directors for the Florida League of Cities and has served numerous years on its Board of Directors, Building Committee, Environmental Quality Board, and has diligently participated in all facets of The Florida League of Cities, Inc.; and WHEREAS, John Kurzman, an elected official of the City of North Miami Beach, has served as a past President of The Dade League of Cities, Inc., and is acknowledge in his service to the Transportation Sub -Committee of The National League of Cities; and WHEREAS, John Kurzman has served on numerous municipal, county, and statewide boards regarding planning and zoning, building, and the construction trade in general. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council of the Village of Key Biscayne commends and recommends Councilman John Kurzman of North Miami Beach, Florida to the position of 2nd Vice President of The Florida League of Cities, Inc. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11 day of July , 1997. VICE MICHELE PADOVAN CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED O FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-40 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING METROPOLITAN DADE COUNTY'S WAGES COALITION; PROVIDING FOR AN EFFECTIVE DA 1 E. WHEREAS, a national program implementing welfare reform has been started which will encourage welfare recipients to acquire new market place skills; and WHEREAS, Metropolitan Dade County has created the Dade/Monroe WAGES Coalition to created private/public partnerships, which encourages implementation of private sector job creation; and WHEREAS, the Dade League of Cities, Inc. Supports Metro-Dade's efforts to create positive opportunities for our residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are true and correct Section 2. That the municipal entities join Metropolitan Dade County in developing programs and opportunities which will set the tone for economic development and opportunities in Dade County. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOP I'ED this 11 day of July , 1997. MAYOR MICHELE PADOVAN T: id CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED FORM. AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-41 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA LEGISLATURE TO HOLD A SPECIAL SESSION IN THE FALL OF 1997 TO DEVELOP AND PROVIDE THE APPROPRIATE FUNDING AND LEVELS OF FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN THE STATE. WHEREAS, the Village of Key Biscayne, Florida, recognizes that schools in Dade County are greatly overcrowded; and WHEREAS, the Village of Key Biscayne, Florida, generally support the goals of Eastward Ho and the Governor's Commission for a Sustainable South Florida; and, WHEREAS, changes by the State of Florida restricting the flexibility in the use of capital funding and delivery methods for educational facilities may not be consistent with the goals of Eastward Ho and the Governor's Commission for a Sustainable South Florida which promote urban infill development and urban redevelopment; and, WHEREAS, the Village of Key Biscayne, Florida, has long been committed to Dade County's public education system, and all education delivery systems throughout the State of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village of Key Biscayne, Florida, supports the various missions of the School Board of Dade County, Florida, and calls upon the State of Florida Legislature to hold a Special Session in the Fall of 1997 to address public school overcrowding and related issues in Dade County and throughout the State of Florida Section 2. The Village of Key Biscayne, Florida, encourages the State of Florida Legislature to provide the appropriate level of funding and flexibility needed by public school districts to address overcrowding issues. Section 3. The Village of Key Biscayne, Florida, encourages the State of Florida Legislature to provide the appropriate level of flexibility to the School Board of Dade County, Florida, so they may support and participate in developing the goals of Eastward Ho and the Govemor's Commission for a Sustainable South Florida. PASSED AND ADOPTED this 26th day of August , 1997. 1 e.2, ,. a_ 0-0---7 & A/ HN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICI'ARD J. WEISS, VILLAGE ATTORNEY CONCHITA H. ALVAREZ, VILLAGE CLERK RESOLUTION NO. 97-42 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INSURANCE AGREEMENT WITH THE FLORIDA LEAGUE OF CITIES RISK MANAGEMENT SERVICES FOR WORKERS COMPENSATION, AUTO AND GENERAL LIABILITY COVERAGES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne, Florida on September 26, 1996 directed that requests for proposals for insurance be prepared for FY 1998; and WHEREAS, the said request for proposals were advertised by the Village Clerk on April 18, 1997; and WHEREAS, four proposals were received and opened on June 16, 1997; and WHEREAS, those proposals were reviewed by staff; and WHEREAS, it is the recommendation of staff that the proposal from the Florida League of Cities Risk Management Services be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute an agreement with the Florida League of Cities Risk Management Services. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 26th day of August , 1997. &YOR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: J. WEISS, VILLAGE ATTORNEY RESOLUTION 97-43 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED THIRD AMENDMENT TO LEASE AGREEMENT, ON BEHALF OF THE VILLAGE, WITH SUNTRUST BANK, MIAMI, N.A., FLORIDA, FOR INCLUSION OF ADDITIONAL LEASED PREMISES AT 85 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: WHEREAS, the Board of Trustees of the Village of Key Biscayne adopted Resolution 91-5 authorizing the Mayor to execute a lease agreement with the Key Biscayne Bank and Trust Company; WHEREAS, Resolution 95-21 and 96-35 were adopted authorizing additional space for the administrative offices; WHEREAS, the SunTrust Bank (formerly Key Biscayne Bank & trust Company) has agreed to rent 940 sq. ft. of additional space at a monthly charge of $1,200; Section 1. That the Village Manager is hereby authorized to execute the attached third amendment to lease agreement, on behalf of the Village, with SunTrust Bank, Miami, N.A., Florida for inclusion of additional leased premises at 85 West McIntyre Street, Key Biscayne, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 26th day of August , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-44 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE VILLAGE OF KEY BISCAYNE BUSINESSES, AS PER EXHIBIT "A", THAT HAVE COMPLIED WITH THE SIGN ORDINANCE. WHEREAS, on November 14, 1996 the Council of the Village of Key Biscayne passed and adopted on second reading Ordinance 96-8, amending Chapter 28 "Signs" of the Code of the Village of Key Biscayne: and WHEREAS, Ordinance 96-8 became effective on November 14, 1996; and WHEREAS, most of the businesses of Key Biscayne have complied with the above mentioned Ordinance; and WHEREAS, the Council of the Village of Key Biscayne would like to commend such businesses for complying with the Ordinance; NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE THAT IT RECOGNIZES THE EFFORTS MADE BY THE LOCAL KEY BISCAYNE BUSINESSES TO COMPLY WITH ORDINANCE 96-8. Section 1. The Village Council recognizes the local Key Biscayne businesses, as per "Exhibit A" that complied with Ordinance 96-8. Section 2. That a copy of this resolution shall be presented to each business, listed on "Exhibit A", in appreciation for the efforts made to comply with Ordinance 96-8. Each copy shall state: Presented to in appreciation for the efforts made to comply with Ordinance 96-8. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of September , 1997. MAYOR JOHN F. FESTA d(17,S, ITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHAk WEISS, VILLAGE ATTORNEY August 28, 1997 Village Council John F. Festa, Mayor Michele Padovan, Vice Mayor Mortimer Fried Gregory C. Han Hugh T. O'Reilly Christina Dearing Reed Betty Sime VILLAGE OF KEY BISCAYNE Department of Building, Zoning and Planning MEMORANDUM TO: C. Samuel Kissinger Village Manager EXHIBIT A FROM: John P. Little, Jr. Building, Zoning and Planning Director RE: Sign Compliance The following is a list of those business that are in compliance with the sign ordinance. Business Address I The Oasis 19 Harbor Drive 2 Amoco Key Biscayne 580 Crandon Blvd. 3 Citibank F.S.B. 84 Crandon Blvd. 4 Sunglass Gallery 328 Crandon Blvd., #203 5 Tango Grill 328 Crandon Blvd., #112 6 St Agnes Catholic Church & Academy I00 Harbor Drive 7 Island Video 57 Harbor Drive 8 The Dental Connection 260 Crandon Blvd., #31 9 Master Clean Cleaners 73 Harbor Drive 10 ' Key Postal 77 Harbor Drive 11 Ad Gustum Market 180 Crandon Blvd., #101-104 12 Key Dry Cleaners 180 Crandon Blvd., #105 13 Subway Sandwich Shop 180 Crandon Blvd., #108 14 Tropical Juice Bar 180 Crandon Blvd., #109 15 Domino's Pizza 180 Crandon Blvd., #110, 16 Pet Groom 180 Crandon Blvd., #119 17 Skate Zone 180 Crandon Blvd., #116 18 Chevron 38 Crandon Blvd. 19 Eckerd Drug Store 328 Crandon Blvd. 20 , Linda B. Steak House 320 Crandon Blvd. 21 Anthony's Citgo ;530 Crandon Blvd. 22 Sonesta Beach Resort 350 Ocean Drive 23 Silver Sands Beach Resort 301 Ocean Drive 24 Grand Bay 455 Crandon Blvd. 25 La Carreta Key Biscayne '12 Crandon Blvd. 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • Fax (305) 365-5556 MISSION STATEMENT'TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" RESOLUTION NO. 97-45 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTION 97-34, ON THE SAME SUBJECT MATTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in the past various Village Councils have adopted rules to assist in the orderly conduct of its meetings; and WHEREAS, this Council wishes to make an amendment to those rules as well as to continue to provide a comprehensive document containing all the current rules of the Village Council. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council hereby adopts the following rules of procedure to govern it in the conduct of its meetings: 1. Reports by the Mayor and Councilmembers should be placed on the Agenda early in the meeting and prior to other business which might be time consuming. 2. The Village Manager's report shall be presented no later than 10:00 p.m. on the evening of a Village Council meeting. 3. Approval of the Minutes should be dispensed by unanimous consent if there are no corrections or additions. A motion should be presented in a clear and concise way. If necessary, the Mayor or the Village Attorney shall clarify a motion to insure that the Council is fully aware of the matter being considered. 5. A motion should be seconded prior to any discussion. 6. The Mayor should call on the maker of the motion, once seconded, for an explanation of the motion prior to calling on any other member of the Council or the public. 7. Voice votes are to be used whenever possible unless a Roll -Call is requested by any member. 8. A Roll -Call vote should be used for all ordinances. 9. A Roll -Call vote should be called on a rotational basis so that a different member of the Council is called on to vote first, a different member second and so on. The Mayor should not always be the last to vote, but should be called on a regular rotation. 10. The Council will develop, foster and encourage open, honest but gentle communications between all members of the Council and the public. 11. The Council will be considerate of and show respect for each member of the public. 12. The Council will make a sincere effort to understand the issues being raised by another Councilmember or members of the public and seek to address those issues to the best interest of the Village. 13. The Council meetings will be conducted in a business like, yet open and friendly way so as to allow most efficient accomplishment of the Village business without unnecessary formalities while respecting the rights of each individual to express his/her opinion. 14. Presentations by members of the public are limited to three minutes unless a greater period of time is authorized by the Council. 15. Councilmembers are encouraged to regularly attend and participate in Council meetings, workshops, planning sessions, LPA meeting, etc. so that the input and perspective of all Councilmembers is received. If Councilmembers will be absent, they should make every effort to notify the Village Clerk in advance of the meeting. Section 2. Resolution 97-34, concerning the same subject matter as this Resolution, is hereby repealed. This shall not operate to revive those resolutions repealed by Resolution 97-34. Section 3. This resolution shall take effect immediately from and after adoption hereof. PASSED AND ADOP I ED this 9th day of September , 1997. T: /(/C 17a;r CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC RD J. WEISS, V LAGE ATTORNEY AYOR JOHN F. FESTA RESOLUTION NO. 97-46 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1,1997 THROUGH SEP 1'EMBER 30, 1998 PURSUANT TO FLORIDA STATU I E 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 1, 1997, the Village Council adopted Resolution No. 97-37 determining the "Proposed MilIage Rate" for the fiscal year commencing October 1, 1997 and further scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on September 11, 1997 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 11, 1997, 7:00 p.m., at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, 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 11, 1997, 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 tentative millage rate and having complied with the "TRIM" requirements of the Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: ,Section 1. That the tentative millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 1997 through September 30, 1998 be and is hereby fixed at the rate of 3.606 mils which is $3.606 dollars per thousand of assessed property within the Village of Key Biscayne. Section 2. That a final public hearing to adopt a millage rate and budget for the fiscal year commencing October 1, 1997 through September 30, 1998 be and is hereby set at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, on Tuesday, September 30, 1997, 7:00 p.m. Section 3. That the Village Clerk be and is hereby directed to advertise said public hearing Section 3. That the Village Clerk be and is hereby directed to advertise said public hearing as required by law. PASSED AND ADOPTED this 11th day of September , 1997. AYOR JOHN F. FESTA ATT is/Gab"- CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ) JL RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 97-47 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 1,1997 THROUGH SEP I EMBER 30, 1998 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 200.065 of the Florida 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 1, 1997, the Village Council adopted Resolution No. 97-37 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 1997 and further scheduled the final public hearing required by Section 200.065 of the Florida Statutes to be held on September 30, 1997 at 7:00 p.m.; and WHEREAS, said public hearing, as required by Section 200.065(2)(d), was held by the Village Council on September 30, 1997, 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 Florida 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, 1997 through September 30, 1998 be and is hereby fixed at the rate of 3.606 mils which is 3.606 dollars per thousand dollars of assessed property value within the Village of Key Biscayne. Section 2. That the roll -back rate is 3.563 mils and the final millage rate is 3.606 which is 1.21 % percent over the roll -back rate. Section 3. This resolution shall be effective immediately upon its adoption by the Village Council. PASSED AND ADOPTED this 30th day of September , 1997. &t9 e- YOR JOHN F. FESTA ATTEST: CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: r--/4 k RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 97-48 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Mayor is hereby authorized to execute the attached agreement, on behalf of the Village, with the Key Biscayne Chamber of Commerce, for services set forth in the agreement, at a cost not to exceed $75,000.00. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 21st day of October , 1997. AT T: 'dads 6aOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-49 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM. WHEREAS, the citizens of Metropolitan Dade County have authorized the issuance of general obligation bonds (the "Bonds") for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Metropolitan Dade County, Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance (the "Ordinance"); and WHEREAS, it is necessary and desirable to improve the quality of life, to benefit property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the projects more specifically listed below have been identified for reimbursement pursuant to the terms of the Ordinance; and WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution and the acts contemplated by this resolution are conditions to obtaining a grant; and WHEREAS, the Village of Key Biscayne wishes to make application for the grant monies for the projects listed below subject to all terms and conditions of the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council of the Village of Key Biscayne hereby authorizes the Village Manager to make application for a grant for the projects and in the amounts listed below, and in connection with such application to execute such grant agreement and other contracts and documents, to expend Safe Neighborhood Parks bond funds received for the purposes described in the funding request, to execute any necessary amendments to the grant application and contracts, and take such other acts as may be necessary to bind the Village of Key Biscayne and accomplish the 1 of intent of this resolution. Application shall be made with respect to each of the following projects (the "Projects") in the amounts set forth below. Grant Title Lake/Linear Park Village Green Year One Total Funding Grant $ 88,000 $ 500,000 $ 88,000 $ 500,000 Section 2. The Village of Key Biscayne shall complete each of the Projects in accordance with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the Citizens' Oversight Committee (the "Committee") to implement the Ordinance. If the total cost of a Project exceeds the value allocated in the grant, then the Village of Key Biscayne will provide any supplemental funds required to complete the Project. In the event that supplemental funds are necessary for completion of a Project, as of the point in time that it is known that supplemental funds are needed, the Village of Key Biscayne will demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of grant funds. The requirement for the Village of Key Biscayne to provide any supplemental funds required to complete the Project may, at the sole discretion of the Committee, be modified in whole or in part by a reduction in scope of work consistent with the Ordinance. Section 3. The Village of Key Biscayne recognizes and directs that any beach, park, or other public facility acquired, developed, rehabilitated or restored with bond funds, including the Projects, shall be open and accessible to the public without discrimination as to race, color, gender, age, religion, belief, residence, natural origin, marital status or disability. Section 4. To the extent allowed by law, the Village of Key Biscayne shall commit any and all funds which may be required to operate, maintain and provide programming at each park project 2 of 3 upon its completion. Section 5. No substitution in capital project funding by the Village of Key Biscayne shall occur as a result of the grant for which the Village of Key Biscayne is applying. PASSED AND ADOPTED this 21st day of October , 1997. ATT isdoh,e, C • ' CHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY 3 of 3 RESOLUTION NO. 97-50 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING HELEN WHITE FOR HER EFFORTS AND SERVICES TO THE COMMUNITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Helen White, moved to Key Biscayne in 1971; and WHEREAS, Helen White, has been an active member of this community; and WHEREAS, Helen White, in 1985 became a member of a group called "Key Biscayners for Responsive Government"; and WHEREAS, Helen White, was an active member of the "Key Biscayne Council", for two consecutive terms, working towards incorporation; and WHEREAS, Helen White, served as the Village of Key Biscayne liaison and contributed to the favorable resolution of the Rickenbacker Toll issue. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Helen White is recognized for her efforts and many services to the community of the Village of Key Biscayne. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October , 1997. de/a-dfrcz CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED ,STO FORM. AND SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-51 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH OCEAN CLUB DEVELOPMENT, INC. KEY BISCAYNE, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF APPROXIMATELY $100,000.00 FOR THE EXCAVATION AND RECEIPT OF CAPE FLORIDA FILL MATERIAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has historically supported beach preservation through dedicated funding, resolutions, and preparation for the pending beach nourishment; and WHEREAS, the Village Manager and the Beach Resources and Management (BRM) Task Force have negotiated for Cape Florida beach sand since June 10, 1996; and WHEREAS, the Village Council adopted Resolution 96-20, dated June 25, 1996, authorizing Coastal Systems International, INC. to prepare permit sketches for sand placement above the Mean High Water Line (MHWL); and WHEREAS, the Village is in a position to be issued a State of Florida Department of Environmental Protection permit for sand placement above the MHWL; and WHEREAS, the excavation of fill will move the State toward completion of the Bill Baggs Cape Florida Wetland Restoration; and WHEREAS, the excavation and receipt of Cape Florida non -beach quality fill will raise the Beach Park property to construction grade; and WHEREAS, the excavation and receipt of Cape Florida beach quality sand will help to mitigate beach erosion; and WHEREAS, the Village of Key Biscayne is prepared to receive this fill at no direct cost; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement accepting a donation in the amount of approximately $100,000.00 for excavation and receipt of Cape Florida fill, on behalf of the Village, with Ocean Club Development, Key Biscayne, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 1997 OR JOHN F. FESTA ATT de/adAraz CONCH -HA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-52 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT ON BEHALF OF THE VILLAGE WITH METROPOLITAN DADE COUNTY, FLORIDA, FOR THE EXCAVATION AND RECEIPT OF CAPE FLORIDA FILL MATERIAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has historically supported beach preservation through dedicated funding, resolutions, and preparation for the pending beach nourishment; and WHEREAS, the Village Manager and the Beach Resources and Management (BRM) Task Force have negotiated for Cape Florida beach sand since June 10, 1996; and WHEREAS, the Village Council adopted Resolution 96-20, dated June 25, 1996, authorizing Coastal Systems International, INC. to prepare permit sketches for sand placement above the Mean High Water Line (MHWL); and WHEREAS, the Village is in a position to be issued a State of Florida Department of Environmental Protection permit for sand placement above the MHWL; and WHEREAS, the excavation of fill will move the State toward completion of the Bill Baggs Cape Florida Wetland Restoration; and WHEREAS, the excavation and receipt of Cape Florida non -beach quality fill will raise the Beach Park property to construction grade; and WHEREAS, the excavation and receipt of Cape Florida beach quality sand will help to mitigate beach erosion; and WHEREAS, the Village of Key Biscayne is prepared to receive this fill at no direct cost; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached interlocal agreement for excavation and receipt of Cape Florida fill, on behalf of the Village, with Metropolitan Dade County, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 1997 OR JOHN F. FESTA ATT . T: ice HITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-53 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE FLORIDA MARLINS FOR WINNING THE 1997 WORLD SERIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Marlins from birth in 1992, to the World Series in 1997, is the first baseball team to ever make it to the World Series and win the World Series, in only its fifth year in existence; and WHEREAS, the game on Sunday, October 26, 1997, was one of the best World Series games ever played and probably the greatest single game this area has ever seen; and WHEREAS, the Village Council of the Village of Key Biscayne would like to thank Mr. Wayne Huizenga and his organization for bringing baseball to South Florida. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council of the Village of Key Biscayne recognizes the Florida Marlins for winning the 1997 World Series and offer its most heartful thanks to its Manager James Leyland and his team for winning the 1997 World Series and the World Championship. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 1997. HITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: L/ RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-54 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN ASSIGNMENT OF AGREEMENT WITH BFI CORPORATE CONGLOMERATE; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached assignment of agreement, on behalf of the Village, with BFI Corporate Conglomerate, dated September 11, 1997 for services set forth in the agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October , 1997. OR JOHN F. FESTA AT Acdatety CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY; .. ; GA RICHARD J. WEISS, VILLAGE ATTORNEY Pito RESOLUTION NO. 97-55 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE LONG RANGE BEACH NOURISHMENT PLAN, VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has historically supported beach preservation through dedicated funding, resolutions, and preparation for the pending beach nourishment; and WHEREAS, the Village Council adopted Resolution 96-36, November 14, 1996, authorizing the preparation of the Long Range Beach Nourishment Plan; and WHEREAS, the Village Manager executed the contract with Coastal Systems International, Inc. for the preparation of the Long Range Beach Nourishment Plan on February 14, 1997; and WHEREAS, the Village Beach Resources and Management (BRM) Task Force presented the Long Range Beach Nourishment Plan, dated August 1997, to Council on August 26, 1997; and WHEREAS, the Village Beach Resources and Management (BRM) Task Force presented detailed information on the Long Range Beach Nourishment Plan at a public workshop on September 16, 1997; and WHEREAS, the Village Manager has directed the preparation of a newsletter summarizing the Long Range Beach Nourishment Plan, to be disbursed to all Village residents; and WHEREAS, the intent of the Long Range Beach Nourishment Plan is to provide planning guidance for present and future Councils; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Council hereby adopts the Long Range Beach Nourishment Plan, to be utilized as a Municipal, County, State, and Federal planning device for future beach preservation. Section 2. The Village Manager is authorized to disseminate the Long Range Beach Nourishment Plan to various County. State, and Federal officials. Section 3. The Village Manager is authorized to pursue avenues for dedicated sources of sand and beach nourishment funding, including but not limited to reimbursement agreements with appropriate governmental agencies. Section 4. The Village Council shall commence and proceed with such efforts as are necessary to implement the beach nourishment program, recommended in the Long Range Beach Nourishment Plan, by the year 1999, or as soon thereafter as is practicably achievable. Section 5. The Village Council shall adopt as a goal to arrange to obtain dedicated funding from all available sources by the year 2001 in the necessary amounts for beach renourishment. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 1997. ATTE T: EONCHITA H. ALVAREZ, VILLAGE CLERIC APPROVED AS TO FORM AND LEGAL SUFFICIENC RICHARD J. WEISS, VILLAGE ATTORNEY OR JOHN F. FESTA RESOLUTION NO. 97-56 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING AND SUPPORTING DESIGNATION OF A HISTORIC SITE AND CREATION OF A MUSEUM AND MEMORIAL AT THE RICHMOND NAVAL AIR STATION IN DADE COUNTY, FLORIDA. WHEREAS, South Florida has an interesting and important history in terms of the military service of its ; and WHEREAS, the public service and contributions to the nation which have been made by citizens of South Florida while serving in the armed forces are notable examples of honorable dedication to the United States of America, the ideals of freedom and democracy and the local communities as well; and WHEREAS, the Richmond Naval Air Station and other facilities in the South Florida area have been the sites at which such service of historical significance has taken place; and WHEREAS, it would be in the public interest for the federal government to designate the Richmond Naval Air Station as a historic site and for a museum and memorial to be placed at that location. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the above and foregoing recitals are true and correct. Section 2. That the Village of Key Biscayne, by and through the Mayor and the Members of the Village Council, hereby endorses and supports designation of a historic site and creation of a museum and memorial at the Richmond Naval Air Station in Dade County, Florida. PASSED AND ADOPTED this 4th day of November, 1997. ST: 6./o4,tig VAREZ, VILLAGrE_CLERK FICIENCY: el RICHARD J. WEISS, VILL GCE AT,TO RESOLUTION NO. 97-57 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Mayor is hereby authorized to execute the attached agreement, on behalf of the Village, with the Key Biscayne Athletic Club, for recreational services, at a cost not to exceed $35,000.00. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of November , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPRO RMANDL FO,F RICHARD J. WEISS, VILLAG ICIENCY: RESOLUTION NO. 97-58 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SEWER AGREEMENT FOR VILLAGE GREEN PARK ID# 14883 WITH MIAMI-DADE WATER AND SEWER DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached Sewer Agreement for Village Green Park ID# 14883, on behalf of the Village, with Miami -Dade Water and Sewer Department, for services set forth in the agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of November , 1997. ATTEST: VIVIEN MALyRI, DEPUTY VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: via'1 G"I"�'l RICHARD J. WEISS, VILLAGE ATTORNEY VILLAGE GREEN PARK, ID # 14883 AGREEMENT FOR SANITARY SEWAGE FACILITIES BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE This instrument prepared by: Tomas R. Goicouria Utilities Development New Business Manager Miami -Dade Water and Sewer Department 3675 S. LeJeune Road Miami, Florida 33146-2221 wry1^UOCN4883.agr VILLAGE GREEN PARK, ID # 14883 THIS AGREEMENT, made and entered into at Miami, Dade County, Florida, this day of , 19 , by and between Metropolitan Dade County, a political subdivision of the State of Florida, hereinafter, designated as the "COUNTY", whose mailing address is: do Miami -Dade Water and Sewer Department, 3575 S. LeJeune Road, Miami, Florida 33233-0316 and Village of Key Biscayne, a municipal corporation of the State of Florida, a/k/a Village, hereinafter, designated as the "DEVELOPER", whose mailing address is: do Mr. C. Samuel Kissinger, 85 West McIntyre Street, Key Biscayne, Florida 33149. WITNESSETH:. WHEREAS, the VILLAGE desires sewer service to be rendered to property owned by the VILLAGE, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT", operates the sewage systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed, and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: Page2of 19 VILLAGE GREEN PARK, ID # 14883 1. VILLAGES'S PROPERTY The VILLAGE owns a certain tract of land in Dade County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof, hereinafter, sometimes described as the 'VILLAGE'S property". The VILLAGE has requested that the DEPARTMENT render water and sewer service to the VILLAGE'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2 VILLAGE ACKNOWLEDGMENT The VILLAGE hereby acknowledges and agrees that any right to connect the VILLAGE'S property to the DEPARTMENT'S sewer system is subject to the terms, covenants and conditions set forth in the Settlement Agreement between the State of Florida Department of Environmental Protection ("DEP") and the COUNTY dated February 16th, 1993, the Settlement Agreement between DEP and the COUNTY dated July 27th, 1993, the First Amendment to Settlement ` Agreement between DEP and the COUNTY dated December 21, 1995, the First Partial Consent Decree and the Second and Final Partial Consent. Decree United States of America Environmental Protection Agency (EPA) vs. Metropolitan Dade County (Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or modified in the future agreements and all other current, subsequent or future agreements, court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States, State of Florida or any other governmental entity, and all other current, subsequent or future enforcement and regulatory actions and proceedings. Page 3 of 19 VILLAGE GREEN PARK,' ID # 14883 PROVISION OF SERVICE AND CONNECTION CHARGES The COUNTY will provide an adequate domestic water supply for the VILLAGES property and will receive and dispose of sanitary sewage from the VILLAGES property. The VILLAGE shall pay sewer connection charges for all those units to be constructed on the VILLAGE'S property. The connection charges are based on the average daily gallons per day for the various building units and/or use as shown on Exhibit "B" attached hereto and made a part hereof, multiplied by the applicable rates established by the COUNTY. The VILLAGE intends to construct bathroom facilities. Therefore, the agreed total average daily gallonage is one thousand two hundred fifty (1,250) gallons. The sewer connection charges shall be calculated at the rates in effect at the time of actual connection to the DEPARTMENT'S sewer systems and shall be paid by the VILLAGE prior to the COUNTY'S rendition of sewer service to the VILLAGE'S property. Our current connection charge rates are five, dollars and twenty-six cents ($5.28) per gallon per day for sewer. The sewer connection charge rates are subject to revision at any time. 4. POINTS OF CONNECTION The VILLAGE owns and operates an eight (8) inch gravity sewer main located in West Heather Drive west of Fernwood Road from which the VILLAGE may install and connect an eight (8) inch, gravity sewer main easterly in West Heather Road directly into the VILLAGE'S property, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the sewer. These matters shall be addressed and resolved, by the Page 4 of 19 VILLAGE GREEN PARK, ID # 14883 VILLAGE'S engineer. Other points of connection may be established subject to approval of the DEPARTMENT. 5. DESIGN AND CONSTRUCTION OF FACILITIES The VILLAGE at its own cost and expense shall cause to be designed, constructed and installed all of the necessary sewer facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all gravity sewer mains, laterals, manholes and all appurtenances for a complete installation. The final design shall be subject to approval of the DEPARTMENT. 6. INSPECTION The design and construction of facilities to be owned by the COUNTY shall conform to the COUNTY standards and regulations. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the VILLAGE under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the VILLAGE of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the VILLAGE of any responsibility for the quality and condition of materials and workmanship. Page 5 of 19 VILLAGE GREEN PARK, ID # 14883 TESTS During cons -traction: and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the VILLAGE'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The VILLAGE shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests. 8. CONSTRUCTION MEETINGS The COUNTY reserves the right to schedule construction meetings with the VILLAGE'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty-four (24) hours notice. APPROVALS AND PERMITS The DEVELOPER shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all .facilities contemplated in this Agreement. 10. COUNTY AS PERMITTEE Certain federal, state and county agencies, including but not limited to the State of Florida Department. of Transportation, the South Florida Water Management District , the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the VILLAGE'S contractor will Page 6 of 19 VILLAGE GREEN PARK, ID # 14883 actually perform the work. To insure that the COUNTY will incur no costs or liability as a result of being named permittee on such permits, the VILLAGE shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY. from all claims, actions, judgements, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the VILLAGE pursuant to such permits. The security shall be fumished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate for the permit work. The VILLAGE shall have sixty (60) days to resolve any claims by a permitter. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The VILLAGE shall be liable for all costs in excess of the security. 11. CONDITIONS TO SERVICE in addition to the covenants and conditions set forth herein, sewer service to be rendered by the COUNTY is subject to the following: (a) issuance of a valid operation permit by the State of Florida for the COUNTY'S sewage treatment facility serving the DEVELOPER'S property which allows additional ,connections, (13) sufficient available capacity in the COUNTY'S sewerage system and connection approval, as specified in paragraph two (2) herein. However, in no event will the COUNTY be obligated to supply any more sewage treatment capacity in any year than is called for by the building construction schedule attached hereto and made a hereof as Exhibit "C". Any variation from said construction schedule which results in increased yearly demand on sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit "C" shall be subject to the written Page 7of 19 VILLAGE GREEN PARK, ID # 14883 approval and consent of the DEPARTMENT and shall be dependent on the various restrictions placed on the disposal of sewage by local, state and federal government agencies and the physical limitations on the COUNTY'S treatment capacity. If the VILLAGE does not utilize the yearly amount of sewage treatment facility allocation specified in Exhibit "C", said amount will be available to the VILLAGE in the next calendar year subject to the limitations and provisions specified herein.. 12. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional sanitary sewer system, once the VILLAGE is granted necessary sewer allocation, as specified in paragraph two (2) hereinabove. However, it is mutually agreed and understood by. the COUNTY and the VILLAGE that the allocation of capacity by the COUNTY does not guarantee the ability of the COUNTY to receive and dispose of sewage originating from. the VILLAGE'S property.' Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction. In connection therewith, the VILLAGE agrees that the COUNTY shall not be liable or in any way responsible for any costs, claims or losses incurred by the VILLAGE as a result of actions by regulatory bodies. 13. FACILITIES EASEMENTS If the facilities contemplated herein or any portion thereof are installed within private property outside of public right-of-way, the facilities shall be installed in the center of fifteen (15) foot wide easement for sewer facilities. If the facilities are not located ,in platted easements, then easements shall be Page 8 of 19 VILLAGE GREEN PARK, ID # 14883 granted to the COUNTY by the VILLAGE prior to the COUNTY'S rendition of sewer service to the VILLAGE'S property. 14. CONNECTION BY OTHERS Persons other than the VILLAGE who own property, other than the VILLAGE'S property, which abuts any gravity sewer main installed outside of the VILLAGE'S property pursuant to this Agreement; may apply to the COUNTY for connections to said gravity sewer main. If said persons actually connect, the COUNTY will collect a construction connection charge equal to twenty dollars ($20.00) for sewer, multiplied by the front foot length of the connecting property which abuts the gravity sewer main as measured along the route of the main. Construction connection charges will be collected by the COUNTY if the connection is a service connection or the sole gravity sewer main connection to serve the connecting property or an additional gravity sewer main connection required in order to provide adequate service for the connecting property. Said construction connection charges will not be required or collected from other persons for single family residences occupied or under construction prior to the date of this Agreement. Said construction connection charges shall be repaid to the VILLAGE by the COUNTY within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment to the VILLAGE shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the bill of sale for the gravity sewer main constructed by the VILLAGE. Per annum simple interest will accrue on all construction connection charges from the date of the Page 9 of 19 VILLAGE GREEN PARK, ID # 14883 VILLAGE'S bill of sale at the rateauthorized from time to time by Section 687.01, Florida Statutes, as revised from time to time, until time of payment by the connecting person. It shall be the VILLAGE'S responsibility to provide the COUNTY with current. mailing addresses during the twelve (12) year period. 15. CONVEYANCE OF TITLE Conveyance of all easements shall be by separate instruments in recordable form as approved by the COUNTY and shall be accompanied by a written opinion of title by an attorney licensed to practice -law in the State of Florida which states that the VILLAGE is the owner of the property interest to be conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY. The opinion shall also state that upon execution by the VILLAGE, a valid and enforceable easement will be vested to the COUNTY. The VILLAGE shall pay for all recording fees and for all documentary stamps. Thedetails for all conveyances are specified hereinabove. Failure of the VILLAGE to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the VILLAGE'S property. 16. DRAWINGS AND CONVEYANCE DOCUMENTS Following completion of the sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents to the VILLAGE which mayinclude bills of sales, releases of liens, grants of easements. All documents must be properly, executed, delivered to and accepted by the COUNTY prior to the rendition of sewer service by the COUNTY. The VILLAGE shall pay for all recording fees for conveyance documents Page 10 of 19 VILLAGE GREEN PARK, ID # 14883 delivered to the COUNTY. These conveyances shall be accompanied by copies of paid bills and/or lien waivers, releases, or satisfactions from all persons who performed work on VILLAGE'S property and all persons who incorporate materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently, the VILLAGE shall furnish the COUNTY with one (1) set of Mylar as -built drawings showing specific locations and depths among other things, of all facilities as located by a licensed surveyor, along with four (4) prints of the as -built drawings which have been sealed by a surveyor and certified by the engineer of record. Approval by the -COUNTY of all required conveyance documents, drawings and survey specified herein shall constitute final acceptance by the COUNTY of said facilities. After final acceptance, the facilities shall at all times remain the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 17. WARRANTY AND MAINTENANCE, BOND The VILLAGE warrants that the sewer facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Simultaneously with the conveyance of the sewer facilities, the VILLAGE shall deliver to the COUNTY an executed maintenance bond which guarantees the warranty. If it becomes necessary to repair and/or replace any of the facilities during the initial one (1) year period, then the warranty as to those items repaired and/or replaced shall continue to remain in effect for an additional period of one (1) year from the date of final acceptance by the COUNTY of those repairs and/or replacement. The bond shall be in Page 11 of 19 Po VILLAGE GREEN PARK, ID # 14883 the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Types of Facilities T Percentage of Actual Construction Cost Gravity sewers 50 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida, A surety company must have.a Best's Key Rating Guide General Policyholder's Rating of "A" or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The attorney -in - fact or other officer who signs a bond must file with such bond a certified copy of his power -of -attorney authorizing him to do so. The Maintenance Bond may be written with the VILLAGE'S contractor as "Principal" and the VILLAGE and the COUNTY as "Co -obligees" or the COUNTY as sole "Obligee". In the alternative, the VILLAGE may be named as "Principal" and the COUNTY as "Obligee". The Maintenance Bond shall. remain in force for one (1) year following the date of final acceptance by the COUNTY of the work done pursuant to this, Agreement to protect the COUNTY against losses resulting from any and all defects in materials or improper performance of work. If there is no building construction underway within the VILLAGE'S property at the time of conveyance, the COUNTY shall have the right to require that, the term of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Page 12 of 19 VILLAGE GREEN PARK, ID # 14883 Upon demand by the COUNTY, the VILLAGE shall cause to be corrected all such defects which are discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and/or replacements of defective work and/or materials and the VILLAGE and/or its Surety shall be liable to the COUNTY for all costs arising therefrom. The VILLAGE also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 18. TERMS OF AGREEMENT Both the VILLAGE and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the VILLAGE fails to comply with any of the following conditions, where applicable: a After execution of this Agreement, work on the VILLAGE'S property shall commence within one hundred eighty (180) days from the execution date. Work shall be considered to have commenced when a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the sewer facilities throughout the day on each full working day, weather permitting. b. Once the VILLAGE commences construction on the VILLAGE'S property, building construction cannot be suspended, abandoned, Page 13 of 19 VILLAGE GREEN PARK, ID # 14883 or not in active progress for a period exceeding one hundred eighty (980:) days. 19. INDEMNIFICATION CLAUSE. The VILLAGE shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses, or damages, including attorney's fees and costs -of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the VILLAGE or its employees, agents, servants, partners principals or subcontractors. 'r. The VILLAGE shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of arty kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements, and attorney's fees which may issue thereon. 20. FORCE MAJEURE Should either party be prevented from performing any obligations herein, including but not limited to sewer service, due to or resulting from a force rnajeure, such party shall be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, fires, earthquakes, landslides, epidemics, explosions ,or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the COUNTY Page 14 of 19 VILLAGE GREEN PARK, ID # 14883 and shall include but not be limited to strikes, lockouts, other industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave-ins, or otherwise: and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 21. SERVICE CHARGES The VILLAGE agrees to pay to the COUNTY the prevailing service charges for sewage collection and disposal within the VILLAGE'S property as may be applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 22. USE OF FACILITIES BY COUNTY The COUNTY reserves the right to make fulLuse of the water and/or sewer facilities to be owned by the COUNTY as contemplated herein to serve other customers atany time. 23. OPINION OF TITLE With the execution of this Agreement, the VILLAGE at its own expense shall deliver to the DEPARTMENT an opinion of title for the VILLAGE'S property, written by a qualified attorney, licensed to practice law in the Page 15 of 19 referred to herein. VILLAGE GREEN PARK, ID # 14883 State of Florida, which states that the VILLAGE owns fee simple title to the property 24. ASSIGNMENT OF AGREEMENT No right to any sewage disposal service commitment provided for in this Agreement shall be transferred, assigned or otherwise conveyed to any other party without the express written consent of the Director of the DEPARTMENT or his designee except as noted below. The consent of the DEPARTMENT shall not be required in connection with the sale, lease -or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent of the DEPARTMENT for assignments or transfers of any sewage disposal capacity allocation to any party who holds such property as an investment for resale or. who intends to develop for sale a portion of the VILLAGE'S property, so that the COUNTY can adequately determine the demand for sewage disposal capacity and plan for the fair and equitable allocation of sewage disposal capacity among the residents of Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the VILLAGE'S property is transferred or conveyed, the VILLAGE shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. Page 16 of 19 VILLAGE GREEN PARK, ID # 14883 25. ENTIRE AGREEMENT This Agreement supersedes all previous agreements and representations, whether oral or written, between the VILLAGE and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the VILLAGE and the COUNTY. 26. NOTICE All notices given pursuant to this Agreement shall be mailed by United States registered or certified mail to the parties at the addresses specified on Page 1 of this Agreement or addresses otherwise properly furnished. 27. RECORDING OF AGREEMENT This Agreement is being recorded in the Public Records of Dade County, Florida, for the particular purpose of placing ail owners and occupants, their successors and assigns, upon notice of the provisions herein contained. Page 17 of 19 VILLAGE GREEN PARK, ID # 14883 IN WITNESSETH WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials as of the day and year above written. STATE OF FLORIDA COUNTY OF DADE WITNESSETH: METROPOLITAN DADE COUNTY signature print name signature By: print name Rick Herrera, P.E., Chief Utilities Development Division Miami -Dade Water and Sewer Department The foregoing instrument was acknowledged before me this day of , 19_, by Rick Herrera, P.E., Chief, Utilities Development Division, of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. NOTARY PUBLIC Page 18 of 19 PRINT NAME VILLAGE GREEN PARK, ID # 14883 Attest By: wty Village ' Ierk STATE OF FLORIDA COUNTY OF DADE THE VILLAGE OF KEY BISCAYNE, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA Village Mana The foregoing instrument was acknowledged before me this 20th day of November 1997 by c. Samuel Kissinger, as Village Mana. r of Village of Key Bisca ne a muni ore oration of the State of Florida. { e he/They are/ are not . ersonally known to m- and did/did not or have/has t . roduce xj9 as identification and did/did no / a- hasn't take take SERIAL NUMBER ask\�1t4\\\\4\4�ti�i\�iti\L\�ti\��U�ttittttt 4¢Y °oe Jack Neustadt -' Notary Public, Stateof Florida • ; o - ConimissionNo. 572326 ' 9. ..or flcQ. MyCommissiaa Exp. 07/25/1000 •; 1:9601 0ackY% rk€trktay smoke aaoo co.•; e wekeee(etweeeeteeaeereeeeeeeeeeee Approved For Sufficiency of Execution Only: Approved as to Legal Form & Sufficiency Assistant County Attorney Attorney for Village Page 19 of 19 VILLAGE GREEN PARK, ID # 14883 EXHIBIT "A4 OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE LEGAL DESCRIPTION :.Parcel. A: A portion of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded in Plat Book 46, et Page 86, of the Public Records of Dade County, Florida, mote 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 Best line of said Tract 5, said West line of said Tract S"being the arc of a curve to the left having for its elements a radius of 2365 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 sun. Northwardalong -the East line of said Tracts, said East line of said Tract S 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 15.21feet 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 S 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 edits 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. "A" 1 of 2 VILLAGE GREEN PARK, ID #14883 EXHIBIT "A" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE 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.tothe 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 306.24- feet to.a'point on the East line of said Tract 5; thence run Southward alo Vie' -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 recorded 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'Eouth 247.33 feet of Tract 7, as measured at right angles to the -Southerly boundary of Tract 7. "A"2of2 VILLAGE OF KEY BISCAY DADE COUNTY / SEC. 32-54-42, 5-55-42 PORTIONS OF SECTIONS 32 TWP 54 S. RGE 42 E. AND SEC 5 TWP. 55S RGE 42 EAST EXHIBIT "A"-1 LOCATION SKETCH FOR: VILLAGE GREEN PARK DRAWN: EI)G CHECKED: SCALE: 1•-aoo• DATE: 9/08/97 MIAMI - DADE WATER AND SEWER DEPARTMENT VILLAGE GREEN PARK, ID # 14883 EXHIBIT "B" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY Types of Building Usages Adult Congregate Living Units 100 gpcd Airport 5 gpd/passenger; 10gpd/employee Apartments 200 gpd Banquet Hal 25 gpolseat Barber Shop 10/100 gpolsq. ft. Bars and Cocktail Lounges 15 gpd/seat (stool) Beauty Shop 75 gpd chair Bowling Alleys 109 gpd/lane Camper or R.V. Trailer Park 150 gpd/space Car Wash 750'gpolbay a) Recycling -Type 3500/bay b) Hand Type Coin Laundry 225 gpd/machine Country Clubs 25 gpcd/member Dental Office 250 gpd/dentist & 200 gpd/wet chair Drive-in Theaters 5 gpd/car space Duplex 250 gpdlunit Factories with showers 20 gpd/100 sq. ft. Factories without showers 10 gpd/100 sq. ft Food Preparation Outlets 350 gpd minimum (Bakeries, Meat Markets, Commissaries) 50 gpd/100 sq. ft. "B" 1 of 3 li VILLAGE GREEN PARK, ID # 14883 Types of Building Usages Funeral Homes Gas Stations/mini-marts Health Spas & Gym Hospitals Hotels and Motels House of Worship Kennel Marinas Mobile Home Residences/Park Motor Vehicle Service Station Movie Theaters, Auditoriums, Churches Nursing/Convalescent Homes Office Buildings Pet Grooming Physician Office/ Public institutions (other than those listed herein) Public Parks with toilets Public Parks with showers and toilets Public Swimming Pool Restaurants (Full -Service) Restaurants (Fast -Food) Restaurants (Take -Out) Schools a) Day care/nursery b) Regular school c) with cafeteria, add: d) with showers, add: e) teachers and staff "B"2of3 10 gpd/100 sq. ft. 450 gpd 35 g pd/100 sq. ft. 250 gpd/bed 100 gpdlroom 3 gpd/seat 30 gpd/cage 40.gpolboatslip 300 gpd/unit 10 gpd/100 sq. ft. 3 gpd/seat 150 gpd/bed 10 gpd/100 sq. ft. 10.gpd/100 sq. ft. 75 gpd/tub 250 gpdlphysician 5 gpd/person 20 gpd/person 10 gpd/person 350 gpd minimum; 50 gpd/ seat 350 minimum; 35 gpd/seat 350 gpd minimum 50 gpd1100 sq. ft 5 gpdfstudent 10 gpd/student 5 gpd/student 5 gpd/student 15 gpd/student /staff VILLAGE GREEN PARK, ID # 14883 Types of Building Usages Shopping Centers(day uses) 5 gpd/100 sq. ft. Single Family Residence 350 gpd Speculation Buildings/Industrial warehouse 20 gpd/1000 sq. ft. Stadiums, Frontons, Ball Parks, race tracks, etc. 3 gpd/seat Storage or Mini -Warehouse 5 spat 000 sq. ft. Stores without food service 5 gpd/100 sq. ft. Townhouse Residence 250 gpd Veterinarian Office a) per veterinarian 250 gpd b) with kennels 30 gpd/cage Warehouses 20 gpd/1000 sq. ft. Legend: gpcd - gallons per capita per day gpd - gallonsper day NOTES: (a) Sewage gallonage refers to sanitary sewage flow on unit basis for daily flow in gallons per day. (b) Condominiums shall be rated in accordance with the type of (apartment, townhouse, etc.) "B" 3 of 3 VILLAGE GREEN PARK, ID # 14883 EXHIBIT "C" OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND VILLAGE OF KEY BISCAYNE Units construct bathroom facilities BUILDING CONNECTION SCHEDULE Completion of Gallonage Building Connection 1,250 1997-1998 "C" 1 of 1 RESOLUTION NO. 97-59 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF JORGE MAS CANOSA, CHAIRMAN OF THE BOARD OF DIRECTORS OF THE CUBAN AMERICAN NATIONAL FOUNDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jorge Mas Canosa was born in Santiago de Cuba, on September 21, 1939; and WHEREAS, Jorge Mas Canosa was Chairman of the Board of Directors of the Cuban American National Foundation, a non-profit institution providing information on the economic, political and social welfare of the Cuban people, both in Cuba and in exile; and WHEREAS, Jorge Mas Canosa also worked to enlighten the public on the problems of Cuban concern, to fight bigotry, protect human rights, and promote cultural interests and creative achievements; and WHEREAS, Jorge Mas Canosa was the recipient of numerous awards and honorary degrees from distinguished institutions throughout the United States and abroad, for extraordinary and meritorious performance of civic duty in the United States; and WHEREAS, Jorge Mas Canosa served on the Board of Trustees of the United Way and other civic organizations; and WHEREAS, Jorge Mas Canosa passed away on November 22, 1997 in Miami, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Mayor and Members of the Village Council do hereby express their sympathy for the death of Jorge Mas Canosa to the Mas Canosa family and to the Members of the Cuban American National Foundation. Section 2. This resolution shall take effect immediately upon adoption. RESOLUTION NO. 97-61 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC. CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES IN MONITORING FILL QUANTITIES AND QUALITY FROM THE CAPE FLORIDA WETLAND RESTORATION PROJECT FOR THE PURPOSES OF ELEVATING THE VILLAGE BEACH PARK AND PERFORMING A MINOR BEACH FILL OPERATION; PROVIDING FOR AN EFFECTIVE DA 1 L. WHEREAS, the Village Council has supported beach preservation through dedicated funding, resolutions, and preparation for the pending beach nourishment; and WHEREAS, the Village Manager and the Beach Resources and Management (BRM) Task Force have negotiated for Cape Florida beach sand since June 10, 1996; and WHEREAS, the Village Council adopted Resolution 97-51, dated October 28, 1997, authorizing the receipt of funds in the amount of approximately $100,000.00 from the Ocean Club Development, Inc., for the cost of the excavation and transportation of Cape Florida Wetland Restoration Fill in agreement with the terms and conditions of an executed agreement with Miami - Dade County Department of Environment Resources Management (DERM); and WHEREAS, the Village Council adopted Resolution 97-52, dated October 28, 1997, authorizing the execution of an Interlocal Agreement with Miami -Dade County for the excavation and receipt of Cape Florida Wetland Restoration Fill, including 10,000 cubic yards of beach quality sand; and WHEREAS, monitoring of fill material will ensure delivery of the correct quantities and qualities required for the contract and the completion of the project; and WHEREAS, monitoring will ensure quality control and placement of fill types essential for State of Florida Department of Environmental Protection (DEP) permit compliance, and general environmental protection; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section. 1. The Village Manager is hereby authorized to execute the attached agreement for the monitoring of Cape Florida Wetland Restoration fill, on behalf of the Village, with Coastal Systems International, INC. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of December, 1997 3 3:tri - YOR JOHN F. FESTA ATTEST: CONCHIT H. ALV EZ,IL AGE CLERK (� APPROVED AS TO FORM AND LEGAL SUFFICIENCY ierit RICHARD J. WEISS, VILLAGE ATTORNEY FSLAA , v-. RESOLUTION NO. 97-62 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT, ATTACHED AND MARKED AS ATTACHMENT B, ON BEHALF OF THE VILLAGE WITH MIAMI-DADE COUNTY, FLORIDA, FOR THE EXCAVATION AND RECEIPT OF CAPE FLORIDA STATE RECREATION AREA WETLAND RESTORATION FILL MA I'ERIAL, PREVIOUSLY AUTHORIZED BY RESOLUTION 97-52; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution 97-52 adopted October 28, 1997, attached and marked as Attachment A, authorized the Village Manager to enter into a contract with Miami -Dade County for a construction period commencing no later than December 1, 1997 and ending January 10, 1998; and WHEREAS, the authorized Interlocal Agreement could not be placed on the County Commission Agenda before December 2, 1997; WHEREAS, Resolution 97- adopted December 9, 1997, authorized the Village Manager to amend the agreement with the Ocean Club Development, Inc., for the funding of same Project, to reflect the addendum in Attachment B; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to amend the original attached Interlocal Agreement as follows: a. The period of performance shall commence on the date of execution, which should occur as soon as humanly possible, and continue to March 1, 1998. All delivery of fill material must be completed within this time frame. b. The COUNTY invoices, including complete documentation of materials and service costs, shall reference the COUNTY'S project name and shall be sent within one (1) year, of contract execution to the following address and project manager: Section 2. The Village Manager is further authorized to execute Attachment B which is attached and part of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of December, 1997. -e- YOR JOHN F. FESTA ATTEST: CONCERT H. ALVA$IZ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO 97-63 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, ATTACHED AND MARKED AS ATTACHMENT B, ON BEHALF OF THE VILLAGE WITH OCEAN CLUB DEVELOPMENT, INC., KEY BISCAYNE, FLORIDA, FOR FUNDING OF THE EXCAVATION AND RECEIPT OF CAPE FLORIDA STATE RECREATION AREA WETLAND RESTORATION FILL MATERIAL, PREVIOUSLY AUTHORIZED BY RESOLUTION 97-51; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution 97-51 adopted October 28, 1997, attached and marked as Attachment A, authorized the Village Manager to enter into a contract with the Ocean Club Development, Inc. for funding of the Cape Florida Project with the stipulation that "project commencement is to occur by December 1, 1997 and to be completed by January 10, 1997"; and WHEREAS, the related authorized, Resolution 97-52 adopted October 28, 1997, Interlocal Agreement with Miami -Dade County, Florida for administration of said Project could not be placed on the County Commission Agenda before December 2, 1997; and WHEREAS, Ocean Club Development, Inc. has approved a change in Project time frames, attached and marked as Attachment C; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to amend the original attached Agreement as follows: a. The Project commencement shall occur as soon as is practicable and be completed no later than March 1, 1998. Section 2. The Village Manager is further authorized to execute Attachment B which is attached and part of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of December, 1997 OR JOHN F. FESTA Al 1'EST: C, ONCHITA H. ALV Z, VILLAGE CLERK 442-, /gat/ ,017 crrE rem - APPROVED " Y "'�O FO LEGAL SUFFICIENCY RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 97-64 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING THE PROPOSED HUMAN RIGHTS AMENDMENT TO THE MIAMI DADE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne is committed to the traditional and fundamental values of' fairness and equality and to the principle that all persons should be treated fairly, without discrimination, in employment, public accommodations, credit and financing practices and housing accommodations; and WHEREAS, the members of the Village Council of the Village of Key Biscayne share a deep and fundamental respect for the diversity of the Miami Dade community and support endeavors to ensure equal opportunity to all members of the Miami Dade community; and WHEREAS, the Village Council of the Village of Key Biscayne agrees with and supports the fundamental principle that an individual's ability should not be measured with regard to their race, color, religion, ancestry, national origin, sex, pregnancy, age disability, marital status or familial status; and WHEREAS, the Village Council of the Village of Key Biscayne endorses the principle that individuals should not be discriminated on the basis of their sexual orientation in employment, public accommodations, credit and financing practices, and housing accommodations; and WHEREAS, the Code of Miami Dade prohibits discrimination on the basis of race, color, religion, ancestry national, origin, sex, pregnancy, age, disability, marital status or familial status in employment, family leave, public accommodations, credit and fmancing practices and housing accommodations. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council of the Village of Key Biscayne endorses the proposed Human Rights Ordinance which will amend the Code of Miami Dade by prohibiting discrimination on the basis of sexual orientation in employment, family leave, public accommodations, credit and financing practices and housing accommodations. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOP I'ED this 10th day of December , 1997. ATTEST: CONCHITA)L ALVAREtL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY