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Home My Public Portal About2016-01 Creating the Water and Boat Safety CommitteeORDINANCE NO. 2016-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE WATER AND BOAT SAFETY COMMIPTEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") Council desires to create a Water and Boat Safety Committee (the "Committee") to identify and address safety concerns, nuisances, and other health, safety and welfare matters relating to boating upon local waters; and WHEREAS, the Village Council finds that the creation of the Committee, as an Advisory Board of the Village, is in the best interest of the Village and its residents. BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above -stated recitals are hereby confirmed and adopted. Section 2. Creation of Committee. The Village Council hereby creates the Water and Boat Safety Committee 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 Water and Boat Safety Committee (the "Committee"). The Committee shall be composed of five (5) members appointed by the Mayor, with the approval of the Council. b. Each member of the Committee shall serve at the pleasure of the Village Council as provided by Village Code Section 2-10. c. Each member of the Committee shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. d. Each member of the Committee shall be a full time resident of the Village who has continuously resided within the Village for the 12 -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 office shall be deemed to have resigned as of the date of his or her change of residence from the Village. e. In the event of the resignation or removal of any member of the Committee, the Mayor shall appoint a person to fill the vacancy on the Committee for the unexpired portion of the term of the member vacating such office, subject to approval of the Village Council. 2. Term of office. Members shall be appointed for a term of up to two (2) years. Members may be reappointed. 3. Advisory Capacity; Standards of conduct. The powers and duties of the Committee shall be solely of an advisory nature to the Village Council and Village Manager. Accordingly, Committee members shall comply with the applicable requirements of the Code of Ethics for Public Officers and Employees as provided 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 Committee 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 Committee, the members shall elect one of their members to act as Chair, Vice -Chair and Secretary. c. The Committee shall be subject to and shall comply with the applicable provisions of Village Code 2-10. 5. Jurisdiction and Dissolution. a. The jurisdiction of the Committee shall be solely advisory and shall include: i. identifying life/safety issues relating to boating activities and recommend solutions; ii. identifying nuisance activities that interfere with the use and enjoyment of the water by boaters and bathers as well as the enjoyment of the upland by Village residents and recommend solutions to the problems; and 2 iii. study and recommend solutions to other issues referred to the Committee from time -to -time by the Village Council or Village Manager. b. The Committee shall complete its work and shall dissolve upon the expiration of two (2) years from its creation or upon delivery of a final report to the Village Council, whichever occurs first, unless extended by resolution of the Council. Section 3. Severability. That the provisions of this Ordinance are declared severable and if any section, sentence, clause or phrase of the 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 adoption at second reading. PASSED on first reading this 12th day of January, 2016. PASSED AND ADOPTED on second reading this 9th day of February , 2016. AT of MA OR MAYRA PEA LINDSAII' A/g1,-, HITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN 3 MIAMI DAILY BUSINESS REVIEW Published Dairy except Saturday. Sunday and Legal 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 Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper. published at Miami in Miami -Dade County, Florida, that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING - FEB. 9. 2016 in the XXXX Court, was published in said newspaper in the issues of 01/21/2016 Affiant further says that the 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 matter at the post office in Miami in said Miami -Dade County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement: and 09001 further says that he or she has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (SEAL) MARIA MESA personally known to me RHONDA M PELTIER MY COMMISSION a FF231407 EXPIRES May 17 2019 Fb„LYkna..5:-.tm s r VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK • PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, February 9, 2016 at 7:00 p.m.. in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE WATER AND BOAT SAFETY COMMITTEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter maybe submitted in writing and or presented in person at the public hearing. Conchita H. Alvarez, MMC Village Clerk 1/21 16-74/0000070900M