HomeMy Public PortalAbout2021-09 Amending Section 2-10 Advisory Boards of Chapter 2 of the Village Code of Ordinances relating to Advisory Board AdministO R D IN A N C E N O . 2 0 2 1 -0 9
A N O RD I N A N C E O F T H E V IL L A G E O F KE Y B IS C A Y N E ,
F L O RI D A , A M E N D IN G S E C T IO N 2 -10 , "A D V IS O R Y
B O A RD S ," O F C H A P T E R 2 O F T H E V IL L A G E C O D E O F
O RD IN A N C E S RE L A T IN G T O A D V IS O R Y B O A RD
A D M IN I S T RA T I O N A N D B O A R D M E M B E R
RE Q U IRE M E N T S ; P R O V ID IN G F O R S E V E RA B IL IT Y ;
P R O V ID IN G F O R C O D IF IC A T I O N ; P R O V ID IN G F O R
C O N F L I C T S ; A N D P R O V ID IN G F O R A N E F F E C T IV E
D A T E .
W H E RE A S , the Village Council of the Village of Key Biscayne ("Village") desires to
standardize provisions relating to advisory board administration and board member requirements
for all Village boards created pursuant to Section 2-10, "Advisory Boards" of the Village Code
of Ordinances; and
WHEREAS, the Village Council finds that adoption of this Ordinance is in the best
interest and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are
incorporated herein by this reference.
Section 2. Amending Section 2-10, "Advisory Boards" of the Village Code. That
Section 2-10, "Advisory Boards" of the Code of Key Biscayne, Florida, is hereby amended to
read as follows:
CHAPTER 2 -ADMINISTRATION
***
Article I. - IN GENERAL
***
Section 2-10. - Advisory Boards.
(a) Pursuant to Village Charter Section 4.12, the Village Council shall establish such advisory
boards, committees, bodies (the "boards") as it may deem advisable. All boards so
established shall serve only in an advisory capacity to the Village Council and report
directly to the Village Council and ~ inform the Village Manager. Unless otherwise
provided by law, appointees to all boards shall serve at the pleasure of the Village Council.
Appointees may be removed from their appointive position upon motion of the Mayor or
any member of the Village Council and upon vote of removal by a majority of the members
of the Village Council. If directed by the Village Council, the Village Manager shall assign
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first an d second reading are indicated with !lotillle slFilrn tkrotigk and double underline
a V ill a g e sta ff lia iso n to ea ch b o a rd to p ro v id e in fo rm a tio n , g u id an ce, an d su ch oth er
a ssista n c e th a t m a y b e n e c e ssa ry fo r th e b o a rd . N o b o a rd or bo a rd m e m b er sh all direct or
in te rfe re w ith a V ill a g e sta ff lia iso n 's fu ll -tim e em p lo y m e n t du tie s.
(b ) P u rsu a n t to V ill a g e C h a rter S e c tio n 2 .0 2 (a ), th e M a y o r sh a ll ap p o in t m e m b ers of th e bo ard s
w ith th e a p p ro v a l o f th e V ill a g e C o u n cil. P ur su a n t to S e ctio n 4 .0 2 (c ) o f th e V ill ag e C h arter,
n o C o u n c ilm e m b e r sh a ll h o ld an y ap p o in tiv e offi c e on an y b o ard . H ow ev er,
C o u n c ilm e m b e rs m a y se rv e o n su c h b o a rd o n ly as an ex offi c io , n o n -v o tin g m em ber if
p ro v id e d b y th e o rd in a n ce estab lish in g th e b o a rd . F ur th er, it is rec o g n ized that th e
re stric tio n s u p o n C o u n c ilm e m b e rs as d e sc rib e d ab o v e in th is p ara g ra p h (b ), are n ot
a p p lic a b le to c o m m ittee s o f th e C o u n c il w h ic h are co m p o se d so lely of tw o or m ore
m e m b e rs o f th e V ill a g e C o u n cil, sin ce S e ctio n 2 .0 2 (a ) of th e C h a rt e r au th o rizes th e M ayo r
to n a m e c o mm itt ee s o f th e C o u n cil.
(c ) P ur su a n t to S e c tio n 4 .0 3 (1 ) o f th e V ill a g e C h a rt er, b o a rd s sh a ll b e esta b lish ed , alt ered or
a b o lis h e d b y o rd in a n ce a d o p te d b y th e V ill a g e C o u n cil. T h e ord in a n ce estab lish in g th e
sp e c ifi c b o ar d m a y p ro v id e fo r th e b o a rd to se rv e fo r a p e etu a l or in d e fi n ite term or m ay
p ro v id e fo r th e b o a rd to se rv e fo r a lim ited d ur a tio n an d ~ sh a ll in cl u d e an app ro p riate
su n se t p ro v isio n .
( d ) T h e o rd in a n ce w h ic h e sta b li sh es th e sp e c ifi c b o a rd sh a ll p ro v id e fo r th e n u m ber an d
q u a lifi c a tio n o f b o a rd m e m b e rs, th e p ro c e d u re fo r n o m in a tin g bo ard m e m b ers, th e len gth of
te rm o f o ffi c e o f b o a rd m e m b e rs, ru le s o f p ro c e d u re fo r th e b o a rd , an d th e d uties an d
re sp o n sib ilitie s o f th e b o a rd , a n d su ch oth e r m a tte rs d eterm in ed to b e ap p ro p riate by th e
V ill a g e C o u n cil. N o tw ith sta n d in g th e fo reg o in g , in n o ev en t sh a ll : (i) th e m em b ersh ip of
a n y b o a rd e x ce e d se v e n m e m b e rs; an d (ii) b o a rd m em b e rs be ap p o in te d fo r a term of offi ce
g re a te r th a n tw o y e a rs. H o w ev e r, b o a rd m em b e rs m a y b e rea p p o in te d to a d d itio n al term s of
o ffi c e b y th e M a y o r fo r a m a x im u m o f eig h t y e a rs, su bje ct to V ill ag e C o u n cil app ro v al.
E x istin g b o a rd m e m b e rs th a t h a v e se rv ed eig h t co n se c u tiv e ye a rs a s o f D ecem b er 7, 202 1,
m a y b e re a p p o in ted fo r o n e ad d itio n a l tw o y e a r term . T h e m e m b e rsh ip re q u irem en t sh all
ap p ly re tro a ctiv e ly to a ll b o a rd s, w ith th e eJw e p tio n of th e 20 4 0 S trat eg ic V ision P lan
B o a rd . A .ft e r th e m {p irat io n o f term s fo r th e in itia l m e m b e rs of th e 2 0 4 0 S trat eg ic V isio n
P la n B o ar d , th e b o ar d sh a ll co n sist o f n o m o re th a n se v en m e m b e rs.
(e ) U n le s s o th e rw ise p ro v id e d b y th e ord in a n c e w h ic h esta b li sh es a sp ec ifi c bo ard , bo ard
re p o rt s w h ic h are p re se n ted to th e C o u n cil sh a ll in cl u d e th e fo ll o w in g co m p o n en ts:
(1 ) Nam e. The name of the board making the report, a listing of officers, an attendance
table including members and any other person(s) who attended the meetings, all agendas,
minutes, staff reports, and any other documents that were reviewed by the board. This
information may be complied in a separate document.
(2) Methodolo gy . The report shall include a description of the way in which the board
undertook its charge.
(3) Facts found. The report shall include the facts uncovered or information obtained.
(4) Recom m endations. The report shall include the recommendations of the board,
preferably in a form suitable for framing of a motion for the Village Council to consider.
(5) Tim ing of rep ort. Boards shall submit an annual progress report to the Village Council
at the first Council meeting in December of each year. The annual progress report shall
include a listing of the boards' work program for the following calendar year. The boards'
work program shall be subject to approval by the Village Council. Those boards of
limited duration which have completed their work prior to the December timeframe set
forth above, shall earlier present their report to the Council once their assigned work has
been completed. In addition, the Ghaif Chairperson or designated member(s) of each
board shall provide a quarterly verbal report to the Village Council which addresses the
progress that the board has made in completing the board's work program. The quarterly
progress reports shall be presented at the first Village Council meeting in each of the
following months: March, June and September. The annual progress report in December
shall serve as the progress report for that quarter. As background information for the
quarterly reports of the board, Village staff shall provide the Village Council with an
attendance chart of the board, board agendas, board minutes, the yearly work program of
the board, and a list of the accomplishm ents that the board has achieved during the prior
quarter.
(6) Signatures. All members of the board who concur with the report must sign the
report. The ehair Chairperson may sign the report only if a majority of the members of
the board approve the report and authorize the Chairman Chairperson to sign. Those
members who do not concur with the report shall be listed as dissenting members. The
dissenting members may submit their own report(s) in the same format as presented
above.
(7) Resolution. The board's report may include a proposed resolution for consideration by
the Village Coun cil as a vehicle fo r adopting the recommendations of the board.
(f) The public and board members shall be given notice at least 48 hours prior to any special
board meetings. Generally, at least tmoo seven days notice shall be given to the public and
board members of regular board meetings. The public shall be notified of board meetings by
posting at Village Hall. The public notice shall advise of the potential for attendance of one
or more Village Council members at the meeting of the board. Village staff shall notify
board members of board meetings by telephone or mail or fax or email or hand delivery. A
written agenda shall be prepared and distributed by assigned Village staff liaison for each
board meeting. Special board meetings may be called by the Chairman Chairperson or by a
majority of the board members. All board proceedings shall comply with F.S. § 286.011
(the "Sunshine Law"). Written minutes shall be promptly prepared and kept of all board
meetings and shall be submitted to the Village Clerk who shall be responsible for the
preservation of such minutes. The Village staff liaison, or in the absence of a Village staff
liaison, the board Secretary, that is assigned to a board is shall be responsible for preparing
and forwarding the minutes to the Village Clerk.
(g) Unless otherwise provided by the ordinance which created the board, members of boards
who are absent from three regularly scheduled meetings of the board in any one calendar
year shall be automatically removed from the board. Each board shall determine which
meetings are considered as the "regularly scheduled meetings". Board members who are
removed thr ough this process may be reappointed by the Mayor subject to approval of the
Vill age Council.
(h) U nless pro hibited by Article II, Section 5(a) of the Florida Constitution (the dual offi ce
holding pro hibition), a person Board m em bers m ust be residents of the V illage and may
only serve on m ore than one boar d.
(i) A board has no pow er to discipline its m em bers fo r im pro per conduct related to its
pro ceedings. A ny such incident of m isconduct shall m ay be reported to the V ill age Clerk,
w ho shall report the incident to the V ill age Council. This shall not diminish the authority of
the board Chairm an Chairperson to m aintain order at m eetings.
(j ) U nless otherw ise pro vided in the ordinance which established the board, a m ajority of the
board m em bers shall constitute a quoru m . N o business shall be conducted unless a quoru m
is present, other than by a com m ittee of the whole process w hich may be invoked w hen a
quoru m fails to attend a regular m eeting. Any vote by the com m ittee of the w hole shall be
prelim inary and non-binding and shall be subject to subsequent ratification by a quoru m of
the board at a duly held m eeting.
(k) A board m ay adopt ru les of pro cedur e govern ing its conduct w hich do not conflict w ith
either the fu ndam ental parliam entary pro cedures of Roberts Rules of Order or w ith this
section. Each board shall appoint a Chairp erson, V ice Chairperson and Secretary who may
engage in discussions, m ake m otions and vote on item s befo re the board in the sam e m ann er
as other board m em bers. This section shall prevail over any conflicting provision of Roberts
Rules of Order.
ill The V ill age Clerk shall keep curr ent records of board m em bership, including records of
each board m em ber's term , contact info rmation, and resum e, if applicable. The V ill age
C lerk shall notify the V ill age Council w hen a board vacancy is created and w hen ninety
days rem ain on a board m em ber's term . Upon a board m em ber resigning, the board m em ber
shall imm ediately info rm the V illage Clerk of their resignation.
(m ) N s perssn that is a relative sf a Cstm eilm em ber m ay be ap psinted ts a bsard. A ny @Histing
bsar d m em ber serving sn a bsard that is a relative sf a Csttneilm em ber shall be perm itted ts
serve ttnt il the e;;:piratisn sf their term , bttt may nst be reap psint ed there after. Fsr pttrpsses
sf this sttbseetisn, the tem1 "relative" means an individttal whs is re lated ts the
C sttneilm em ber as father, m sther, ssn, dattghter, brsther, sister, ttnele, attnt, :first esttsin,
nephew , nieee, httsband, w ifu , fat her in law , m sther in law , ssn in la:w, da:tt ghter in law ,
brn ther in lav.r, sister in la'w, stepfather, stepmsther, stepssn, stepda:tt ghter, stepsrnther,
stepsister, half srn ther, sr half sister.
(n) N s perssn shall serve sn a bsar d w hs is registered as a lsbbyist in the V illage sr vllrn is a:n
swner, sf:ti eer, m direetsr sf a sttsiness entity that is in a esnt raetttal relatisnship 1.vith the
V illage.
Section 3. Severability. That the pro visions of this Ordinance are declared to be
severa ble and if any section, sentence, clause or phr ase of this Ordinance shall fo r any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the rem aining
sections, sentences, clauses, and phr ases of this Ordinance but they shall rem ain in effect, it
being the legislative intent that this Ordinance shall stand notw ithstanding the invalidity of any
part .
Section 4. Codification. That it is the intention of the V ill age Council and it is
hereby ordained that the pro visions of this Ordinance shall becom e and be m ade a part of the
Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section
or other appropriate word.
Section S. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the 16th day of N~ov e=m=b"--e=r-~, 2021.
PASSED AND ADOPTED on second reading on the 7th day of December , 2021.
ATT EST:
APPROVED AS TO FORM AND LEGALITY:
WEISS SEROTA HELFMAN COLE & BIERM AN, P.L.
VILLAGE ATTORNE Y
M IA M I D A ILY B U S IN E S S R E V IE W
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
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, 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
VILLA.GE OF KEY BISC.A.Y!\!E - ORDINANCE - DEC. 7, 2021
in the XXXX Court,
was published in said newspaper in the issues of
11/26/2021
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 this advertisement for publication in the said
~~~Ji[~
2 d o O BER, -'.\.D. 2021
GUILLERMO GARCIA personally known to me
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CHRISTINA LYNN RAVIX
!). ,fs,."\~ Commission# GG 21m1
~1;.~~~i Expires November 19, 2022
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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
1meeting to be held on Tuesday, December 7, 2021 at 6:00 p.m., in the Council
Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING SECTION 2-10, "ADVISORY BOARDS,• OF CHAPTER 2
I
OF THE ViLLAGE CODE OF ORDINANCES RELATING TO ADVISORY
BOARD ADMINISTRATION AND BOARD MEMBER REQUIREMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; 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. Or any person
wishing to address the Village Council on any item at this Public Hearing
may call (305) 365-7569, Zoom Meeting-ID: 231 627 8415 and be heard
with respect to the proposed Ordinance.
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 may be submitted
in writing via email to oubliccomments@keybiscayne.fl.gov or presented in
person at the public hearing. ·
11/26
Jocelyn 8. Koch
Village Clerk
21-97 /0000564852M