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Home My Public Portal About2019-05 Creating a Village Beautification BoardORDINANCE NO. 2019.5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING A VILLAGE BEAUTIFICATION BOARD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.12 of the Charter of the Village of Key Biscayne (the "Village") permits the Village Council to establish advisory boards; and WHEREAS' the Village Council desires to create the Village Beautification Board (the "Board") to provide advice and recommendations to the Village Council relating to the overall appearance of the Village, short and long range plans for beautification projects, and other matters which may be referred to the Board by the Village Council; and \ryHEREAS, the Village Council finds that the adoption of this Ordinance is in the best interest of the Village and its residents. NOW, THEREFOREO BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BTSCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Creation of Board. That the Village Council hereby creates the Village Beautification Board as follows: 1. Creation, composition and qualifications. a. In accordance with Section 2-10 of the Village Code, there is hereby created and established the Village Beautification Board (the "Board"). The Board shall be composed of five (5) members appointed by the Mayor, with the approval of Council. b. Each member of the Board shall serve at the pleasure of the Village Council as provided by Village Code Section 2-10. c. Each member of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. d. Each member of the Board shall be a full time resident of the Village who has continuously resided within the Village for the l2-month period immediately prior to the appointment and shall not be an employee of the Village. Any member who ceases to reside within the Village limits during his or her term of offrce shall be deemed to have resigned as of the date of his or her change of residence from the Village. Any member who becomes employed by the Village during his or her term of office shall be deemed to have resigned as of the start date of his or her employment with the Village. e. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on the Board for the unexpired portion of the term of the member vacating such office, subject to approval of the Village Council. 2. Term of Office. a. Members shall be appointed for a term of up to two (2) years. Members may be reappointed. 3. Advisory Capacity; Standards of Conduct. a. The powers and duties of the Board shall be solely of an advisory nature to the Village Council. Accordingly, Board members shall comply with the applicable requirements of the Code of Ethics for Public Officers and Employees as provided Page2 of 4 in Part III of Chapter 112, Florida Statutes, and any other standards of conduct set by federal, state, county, Village or other applicable law. 4. Rules of Procedure; Other Requirements. a. The Board may adopt rules of procedure as authorized by Village Code Section 2-10(k). In the absence of such rules of procedure, the fundamental parliamentary procedures of Roberts Rules of Order shall apply, subject to the provisions of Village Code Section 2-10. b. During the first meeting of the Board, the members shall elect one of their members to act as Chair, Vice-Chair and Secretary. c. The Board shall be subject to and shall comply with the applicable provisions of Village Code 2-10. 5. Jurisdiction; Dissolution. a. The jurisdiction of the Board shall be solely advisory and shall include: i. Identifying and developing beautification projects within the Village, including, but not limited to, landscaping projects; ii. Assisting the Village Council or their designee in identifying areas within the Village in need of maintenance and upkeep; and iii. Any other matter relating to Village beautification referred to the Board by the Village Council. b. The Board shall continue to exist until such time that the Village Council, by an affirmative motion, determines that it is appropriate and necessary to dissolve the Board. Page 3 of4 Section 3. Severabilitv. That the provisions of this Ordinance are declared to be severable and ifany section, sentence, clause or phrase ofthis Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the 9th day of April, 2019. PASSED AND ADOPTED on second reading on the 30th day of April, 2019. MICHAEL W. DAVEY MAYOR A INA,C GE CLERK APPROVED AS TO FORM AND LEGALITY: VILLAGE ATTORNEY Page 4 of 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturdây, Sunday and Legâl Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI.DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Nolices of the Miami Daily Business Review f/k/ a Miami Review, a daily (except Saturday, Sunday and Legal Holidâys) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a LegalAdvertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - AN ORDINANCE - CREATING A V|LLAGË ÍJÈAUTIF¡CATIÛN tsÛARD - APR. 3Ú, 2019 in the XXXX Court, was published in said newspaper in the issues of 0411912019 Afüant further says that lhe said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail mâtter at the post office in Miami in said Miami-Dade County, Florida, for a per¡od of one year next preceding the first publication of the attached copy of advertisement; and afüant further says that he or she has neither paid nor promised âny person, firm or corporation any discount, rebate, commission or refund for the purpose of securing th¡s advertisement for publication in the said before me this l9 APRIL 2019 MARIA MESA personally known to me YIIIAGE OF I(ËY B¡SGAY]IE OFFICE OF TT|E UttAGE CTERK PUBLIC TOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayn€ at a meeting to bo hold on Tuesday, þril 30, 2018 al 6:00 p.m., in the CounÒil Chamber, locat€d at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE V¡LLAGE COUNC¡L OF THE VIIJ¡GE OF ¡(EY BlscAYNE, FLOR|DA. ("VILLAGE-), CREATTNG A V|L|-AGE BEAUT|F|CAT|ON BOAR4 PROVIDING FOR SEVERABILITY; PROVIDING FOR GONFLICTS; PROVID¡NG FOR INCLUS]ON lN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE The proposed Ordinance riay be inspected by th.e publio at the Office of the Village Clerk. lntorested parties may appear at the Public Hearing and be heard with respêct to the proposed Ordinances. Any porson wishing to address the Village Council on any item at th¡s Public Hearing is asked to register with the Village Clerk prior to that item being heard. ln accordance w¡th the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proc€ed¡rig because of that disability should contact the Office of thê Village.Clerkr 88 West Mclntyre Street, Suite 220, Key Biscayrie, Florida 33149, telephone number (305) 365-5506, not later than two business dais prior to such proceeding. Should any person desire to appeel any decislon of the Village Council with respect to any matter to be considered at this meeting, that person shall insúre thal a verbatim record of the proceed¡ngs is made including all testimony and, evidence upon which any appeal may be based (F.S.286.0105). Comments of any interested party relativo to this matter may be submitted'in writing and or presented in person at the public hearing. Jennifer Medina, CMC Viilage Clerk4/19 19-102/0000395028M: '--ffi* BARBARATHOMAS Comnision f GG 121171 Êxoires November 2' 2021 Pon¿ø lnfu lroy fain hsurance 81'0'38$7019