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Home My Public Portal About1997-08 Amending Chapter 30 Zoning prohibiting Ex-parte communications with local government officialsORDINANCE NO. 97-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA; CREATING SECTION 30-26 PROHIBITING EX-PARTE COMMUNICATIONS WITH LOCAL GOVERNMENT OFFICIALS ON QUASI-JUDICIAL MATTERS; AUTHORIZING A PROCEDURE FOR SITE VISITS; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, local government officials decisions on quasi- judicial matters must be based upon substantial, competent evidence brought forth on the record at a public hearing; and WHEREAS, the allowance of ex-parte communications between local government officials and the public outside of the public hearing could create a presumption of prejudice as an undue and unbalanced influence on the quasi-judicial process; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE FLORIDA, as follows: Section 1. The Code of Key Biscayne, Florida, is hereby amended by adding a Section to be numbered 30-26, which Section shall read as follows: Sec. 30-26. Ex-Parte Communications. The following process shall apply to quasi-judicial actions pending before the Village Council: (a) Communications Between Council and Public. All oral and written communications with the public involving quasi-judicial action pending before the Village Council must take place at the public hearing. Outside of the public hearing, the Council is prohibited from discussing the merits of any matter on which action may be taken by the Council. (b) Communications between Council and Staff. Written and oral communications between Council Members and staff shall be allowed. (c) Written Communications. In the event that a Council Member receives a written ex- parte communication, the Council Member shall immediately submit the written communication to staff so that it can be placed in the file and made a part of the record either before or during the public hearing prior to the Council voting on the application. (d) Site Visits. A Council Member may make a site visit regarding a quasi- judicial matter pending before the Council, provided that the existence of the site visit is made a part of the record prior to the Council taking final action on the application. Section 2. 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 2 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 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; 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 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 25th day of February , 1997. PASSED AND ADOPTED on second reading this llth day of March , 1997. VILLAGE CLERK '4, �'' '- .if FESTA, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHtD JAY WEISS, VILLAGE ATTORNEY 103001/Ordinance.Exparte 3 one year copy neith any of s news MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING MARCH 11, 1997 AN ORDINANCE AMENDING CHAPTER 30 "ZONING"OF THE CODE OF KEY BISCAYNE, FLORIDA, ETC. in the XXXXX was published In said newspaper in the issues of Feb 27, 1997 Court, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of xt preceding the first publication of the attached Isement; and affiant further says that she has nor promised any person, firm or corporation rebate, commission or refund for the purpose this ad Isement for publication in the said • 4L . • Sworn to and subscribed before me t 27 February $? day of , A.D. 19 (SEAL) Sookle Williams personal) p„.11`1 PU OFFICIAL P407,a�=;i F; L 6 CHERYL ti Eti`s',i`:.'.�:E`i �n CORS;Y;;S1O*: Q CC5453E4 0 MY COMMISSION EXPIRES OF APR. 12,2000 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance wilt be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, March 11, 1997, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE Vt OF KEY BISCAYNE, FLORIDA; AMENDING C 40 'ZONING OF THE CODE OF KEY BISCAYNE, FLORIDA; CREATING SECTION 30-26 PROHIBITING EX-PARTE -COMMUNI- CATIONS WITH LOCAL GOVERNMENT OFFICIALS ON QUASI-JUDICIAL MATTERS; AUTHORIZING A PROCE DURE FOR SITE VISITS; PROVIDING FOR SEVERA- BILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may appear at the Public Hearing 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 becailse of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Ronda 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). 2/27 Conchita H. Alvarez Village Clerk 97-4-022796M