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Home My Public Portal About2011-01 Creating the Dock Advisory Board to study evaluate and recommend proposed regulationsORDINANCE NO. 2011-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE DOCK ADVISORY BOARD TO STUDY, EVALUATE, AND RECOMMEND PROPOSED REGULATIONS REGARDING DOCKS, WATERCRAFTS, AND RELATED MARINE STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") currently regulates the location of docks, watercraft, and related marine structures within the Village; and WHEREAS, the Village Council desires to review the existing regulations in order to determine if such regulations are in need of modification; and WHEREAS, the Village Council finds it necessary and appropriate to create a Dock Advisory Board in order to assist the Village Council in its review of the existing regulations and to provide any recommended changes to the regulations; and WHEREAS, the Village Council hereby finds and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Dock Advisory Board. The Village Council hereby creates the Dock Advisory Board as follows: Section A. Creation, composition, and qualifications. (1) In accordance with Section 2-10 of the Village Code, there is hereby created and established the Dock Advisory Board (the "Board"). The Board shall be composed of five members appointed by the Mayor, with the approval of the Council. (2) All Board members shall serve at the pleasure of the Village Council as provided by Village Code Section 2-10. (3) Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (4) Each member of the Board shall be a full time resident of the Village with boating and marine navigation experience and/or be a waterfront resident 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. (5) 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, subject to approval of the Village Council. Section B. Advisory capacity; standards of conduct. The powers and duties of the Board shall be solely of an advisory nature to the Village Council and Village Manager. Accordingly, Board 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, F.S. and any other standards of conduct set by federal, state, county, Village or other applicable law. Section C. Rules of procedure, other requirements. (1) The Board may adopt rules of procedure as authorized by Village Code Section 2-10 (k). In the absence of the adoption 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. (2) During the first meeting of the Board, the members shall elect one of their members to act as chairman, vice-chairman and a secretary. (3) The Board shall be subject to and shall comply with the applicable provisions of Village Code Section 2-10. Section D. Jurisdiction. The jurisdiction of the Board shall be limited to evaluating and recommending to the Village Council amendments to the existing regulations for docks, watercraft, and other related marine structures within the Village. The jurisdiction of the Board shall be solely advisory. Final advisory action of the Board shall be in the form of a written recommendation provided to the Village Council. Upon submittal and presentation of the recommendation, the Board's jurisdiction shall cease and the Board shall terminate unless further extended by resolution of the Village Council. 2 Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this 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. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 25th day of January , 2011. PASSED AND ADOPTED on second reading this 8th day of February , 2011. Ili( ATTE ITA H. ALVAREZ, MMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE 3 MA i R FRANKLIN H. CAPLAN MIAMI DAILY BUSINESS REVIEW Published Daily 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 ana 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 - ORDINANCE SECOND READING MEETING - FEBRUARY 8, 2011 in the XXXX Court, was published in said newspaper in the issues of 01/28/2011 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 affiant 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 th :. ertisement o blication in the said n Swc to ands cribed before me this 28 day of J ARY , A D MARIA MESA personally known to me • ®i v Expires 09/03/2012 pt� (SEAL) SLY `4i4 Notary Pubic State of Florida r Veronica Perez My Commission D0819771 VILUME OF KEY BISCAYNE OFFICE OF Thit VILLAGE CLERK Notice IS hereby given Second. Reading by the a meeting to be held on •Tuesday; Lour id Cilanthet, 19catBf.; o. AN_ OF CREA VWDOCK AND RECOMMEND_ DOCKS, -WATER~ PROVIDNG FOR. SE AND PROVIDING Pt* The proposed Ordinance the Village Clerk. bite and be heard with re wishing to address he is asked to register with the ancd will be considered on the Village of Key Biscayne at ebruary 8, 2011 at 7:00 p.m., in the Crandon Boulevard, Key Biscayne, KEY-BISCAV.iti, FLORIDA, ARb TO -STUDY, EVALUATE, EGULATIONS REGARDING MARINE' STRUCTURES; FOR CONFLICTS; 4I'E. try the public at the Office of appear at the Public Hearing Ordinance. Any person thy item at this Pubic Hearing prior to tha ititem being heard. In accordance with the AthedtartriNith Disabilities Act of 1990, all persons who are cOsabledviiiiiviihb need special accommodations to participate ' in,this proceeding se, of that;disability should contact the Office of •the Visage Clerk,138AllieetiMcintyre Street, Suite 220, Key Biscayne, -Florida 33149, telephone number (305) 365-5506, not later fhan two busnnes'sdAys prior toiuch prbaeeding. • Should any person desire to appeal any decision of the Village Council ,with respect to any.matter.tQ a cOilsidereitat this meeting, that person shall insure that a verbatim. fer firth-piroceedings is made including i testimony and -evidence upon which any appeal maybe. based (F. S. 86.0105). Comments of any interested party relative to, this matter may be submitted in writing and or presented in person at the public hearing. Conchita H. Alvarez, MMC Village Clerk 1/ - 10-4-124/1640557M