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.
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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
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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.
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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
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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
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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