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ORDINANCE NO 2005-20 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Manager presented to the Village Council a "Tentative General Fund Operating Budget" for the fiscal year commencing October 1, 2005 and the Village Council scheduled the public heanng required by Section 200 065(2)(c) of the Flonda Statutes to be held on September 13, 2005 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 13, 2005, at 7 00 p m , in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Flonda, as required by Chapter 200 of the Flonda Statutes, and WHEREAS, said public heanng, as required by Section 200 065 (2)(c), was held by the Village Council on September 13, 2005, commencing at 7 00 p m as previously noticed and the public and all interested parties having had an opportunity to address their comments to the Village Council, and the Village Council having had an opportunity to amend the tentative budget as it deemed appropriate and having considered the comments of the public regarding the tentative budget and having complied with the "TRIM" requirements of the Flonda Statutes, and WHEREAS, pursuant to Section 200 065(2)(d) of the Florida Statutes, a final public heanng to adopt the budgets for the fiscal year commencing on October 1, 2005, through September 30, 2006, was held, as advertised, on Tuesday, September 27, 2005, at 7 00 p m , in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Flonda and the Council considered comments from the public, and WHEREAS, following notice from the Department of Revenue, the final public hearing was re -advertised and re -held on Tuesday, December 13, 2005, so as to correct an error in the original Budget Summary advertisement NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA Section 1 Upon pnor adoption of the final millage rate, which is hereby ratified, the attached budgets of the Village of Key Biscayne for the fiscal year commencing October 1, 2005, are hereby approved and adopted Section 2 This ordinance corrects, supercedes and replaces ordinance No 2005-14, and upon adoption on second reading on December 13, 2005, shall be effective and applied retroactively from and after October 1, 2005 PASSED AND ADOPTED on the first reading this 13th day of September , 2005 PASSED AND ADOPTED on the second reading this 13th day of December, 2005 Ax(14,1, MAYOR ROBERT OLDAKOWSKI AT Yiie., CUNCHITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFI h°71 VILLAGE ATTORNEY -2- 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 be ng a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING DECEMBER 13 2005 ORDINANCE ADOPTING BUDGETS FOR FISCAL YEAR ETC in the XXXX Court was published in said newspaper in the issues of 12/01/2005 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 thi dvertis ment4or publication in the said newspaper Sworn to and subscribed before me this 01 day of DECEMBER A D 2005 (SEAL) thut Cheryl H Marmer 0 V FERBEYRE personally known.. f My Commission DD338559 %a pd Expires July 18 2008 VILLAIN! OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUI*LIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Vdlage Council of the Village of Key Biscayne at a meeting to be heldon Tuesday December 13 2005 at 6 00 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1 2005 THROUGH SEP- TEMBER 30 2006 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL) PROVID1 NG 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 Heanng 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 regitter with the Village Clerk pnor to that item being heard In accordance with the Americans With Disabilities Aot 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 Flonda 33149 telephone number (305) 365-5506 not later than two business days pnor 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 wntmg and or presented in person at the public heanng 12/1 Conchita 1•# Alvarez CMC Village Clerk 05-4-43/612029M The Village of Key Biscayne Adopted Budgets Fiscal Year 2005 - 2006 The Village of Key Biscayne Adopted Budgets Fiscal Year 2005 - 2006 Table of Contents Fund Page General Fund Consolidated 1 Revenues 2 3 Village Council 4 Administration 5 Village Clerk 6 Village Attorney 7 Non- Departmental 8 Debt Service 9 Publ:c Works 10 Building, Zoning & Planning 11 PoI,ce 12 Fire/EMS 13 Parks and Recreation 14 Special Revenue Fund 15 Capital Improvement Fund (and insert) 16 Stormwater Enterprise Fund 17 Solid Waste Enterprise Fund 18 Consolidated Budget General Fund Revenues Ad Valorem Taxes Franchise Fees Utility Taxes State Shared Revenues Licenses & Permits Charges for Services Other Revenue Grants & Donations Total Revenues Expenditures Administrative and Legal Police and Fire Building Zoning & Planning Public Works Debt Service Parks and Recreation Total Expenditures Excess (deficiency) of revenues over expenditures Budget Actual Adopted FY 2004 FY 2004 FY 2005 Actual to 7/31/2005 Projected 9/30/2005 Proposed / FY 2006 Change $12 541 880 $12 770 711 $13 275 736 $13 246 199 $13 275 737 $14 688 288 11% $611 000 $677 203 $688 600 $0 $702 000 $700 000 2% $2 210 300 $2 219 118 $2 122 500 $1 551 187 $2 085 653 $2 243 050 6% $981 500 $1 031 805 $997 500 $815 179 $1 095 963 $882 500 12% $957 358 $961 100 $964 922 $939 993 $997186 $919 945 5% $249 262 $325 991 $1 048 245 $1 304 675 $1 352 522 $1 454 596 39% $75 000 $90 294 $58 000 $195 050 $200 000 $225 000 288% $7 500 $0 $7 500 $4 906 $4 906 $7 500 0% $17 633 800 $18 076 222 $19 163 003 $18 057 189 $19 713 967 $21 120 879 10/ $2 037 662 $1 712 899 $2 132 482 $1 613 070 $1 947 803 $2 286 791 7% $8 077 886 $8 572 846 $8 526 659 $7 229 077 $8 628 336 $9 156 011 7% $1 303 812 $1 212 290 $1 322 119 $943 148 $1 277 997 $1 416 330 7% $1 053 694 $1 098 321 $1 252 245 $941 791 $1 169 057 $1 361 663 9% $3 146 147 $2 719 756 $2 579 791 $2 539 243 $2 579 791 $2 701 730 5% $1 086 961 $952 231 $2 017 669 $1 583 370 $2 050 904 $2 468 161 22% $16 706 162 $16 268 340 $17 830 965 $14 849 698 $17 653 888 $19 390 686 9 / $927 638 $1 807 883 $1 332 038 $3 207 491 $2 060 079 $1 730 193 30 / Other Financing Sources (Uses) Operating Transfers In $0 $330 $0 $0 $0 $0 N/A Operating Transfers Out $954 787 $948 389 $1 050 000 $1 050 000 $1 050 000 $1 730 193 65% Working Capital Reserve $0 $126 058 $282 038 $282 038 $282 038 $0 N/A Total Other Financing Sources ($954 787) ($1 074 117) ($1 332 038) ($1 332 038) ($1 332 038) ($1 730 193) 30 / (Uses) Excess (deficiency) of Revenues and ($27 149) $733 766 ($0) $1 875 453 $728 041 $0 60 / Other Financing Sources Over Expenditures & Other Financing Uses Residual Equity Transfers $0 $0 $0 $0 $0 $0 N/A Fund Balance Beginning of Year $3 433 000 $3 930 708 $4 664 474 $4 664 474 $4 664 474 $4 664 474 0 / Fund Balance End of Year $3 405 851 $4 664 474 $4 664 474 $6 539 926 $5 392 515 $4 664 475 0 / 1 General Fund Revenues Budget Actual Adopted Actual to Projected Proposed / FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Estimated Property Assessment $3 661 114 546 $3 661 114 546 $3 875 335 514 N/A N/A $4 287 674 948 11 / Ad Valorem Category Ad Valorem Total Ad Valorem $12 541 880 $12 770 711 $13 275 737 $13 246 199 $13 275 737 $14 688 288 11 / $12 541 880 $12 770 711 $13 275 737 $13 246 199 $13 275 737 $14 688 288 11 / Franchise Fees Category Electncity Total Franchise Fees $611 000 $677 203 $688 600 $0 $702 000 $700 000 2 / $611 000 $677 203 $688 600 $0 $702 000 $700 000 2 / Utility Taxes Category Electricity Simplified Communications Tax Water Gas Oil Total Utility Taxes $1 095 000 $1 123 288 $1 150 000 $807 477 $1 007 477 $1 150 000 0 / $856 000 $770 637 $710 000 $500 117 $778 117 $785 000 11 / $197 000 $249 647 $200 000 $176 730 $220 000 $225 000 13 / $62 000 $75 466 $62 000 $66 810 $80 000 $83 000 34 / $300 $80 $500 $53 $60 $50 90 / $2 210 300 $2 219 118 $2 122 500 $1 551 187 $2 085 653 $2 243 050 6 / Shared Revenues Category State Revenue Sharing Half Cent Sales Tax Local Option Gas Tax Alcoholic Beverage Licenses Total Shared Revenues $140 000 $168167 $620 000 $646 572 $215 000 $209 922 $6 500 $7 144 $150 000 $620 000 $220 000 $7 500 $131 771 $514 749 $163 001 $5 657 $173 714 $694 749 $220 000 $7 500 $175 000 17 / $700 000 13 / $0 N/A $7 500 0 / $981 500 $1 031 805 $997 500 $815 179 $1 095 963 $882 500 12 / Licenses &Permits Category Occupational Licenses Building Permits $50 000 $907 358 $80 348 $880 751 $55 000 $909 922 $87 264 $852 729 $87 264 $909 922 $57 000 $862 945 4/ 5/ Total Licenses and Permits $957 358 $961 100 $964 922 $939 993 $997 186 $919 945 5 / 2 General Fund Revenues Budget Actual Adopted Actual to Projected Proposed / FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Charges for Services Category Zoning & Site Plan Review Fees Zoning Hearing Fees Certificates of Occupancy Budding/Zoning Code Violations Property Maintenance Violations Recreation Fees Fines and Forfeitures Permit Research & Lien Letters Election Qualifying Fees Miscellaneous Inspection Fees School Crossing Guard Firefighters Supplement Total Charges for Services $20 000 $14 671 $13 518 $15 223 $16 000 $18 585 37 / $6 000 $9 093 $6 900 $19 937 $20 000 $6 900 0 / $5 742 $5 446 $5 931 $1 600 $2 500 $1 912 68/ $25 000 $20 900 $9 150 $53 828 $54 000 $50 250 449 / $0 $800 $3 000 $0 $500 $250 92 / $20 000 $35 787 $811 267 $904 251 $944 118 $1 180 000 45 / $38 400 $171 897 $75 000 $200 404 $200 404 $75 000 0 / $46 200 $39 013 $33 979 $38 881 $39 500 $47 199 39 / $0 $150 $0 $0 $0 $0 N/A $40 000 $3 616 $40 000 $46 194 $46 500 $40 000 0 / $0 $0 $15 000 $0 $2 500 $0 N/A $25 600 $25 347 $26 000 $17 236 $18 000 $26 000 0 / $22 320 $6 505 $8 500 $7 120 $8 500 $8 500 0 / $249 262 $325 991 $1 048 245 $1 304 675 $1 352 522 $1 454 596 39 / Other Revenues Category Interest Income Rent Income Sale of Fixed Assets Hurricane Recovery Total Other Revenues $75 000 $90 294 $58 000 $195 050 $200 000 $225 000 288 / $0 $0 $0 $0 $0 $0 N/A $0 $0 $0 $0 $0 $0 N/A $0 $0 $0 $0 $0 $0 N/A $75 000 $90 294 $58 000 $195 050 $200 000 $225 000 288 / Grants & Donations Category HRS EMS Grant Police (C 0 P S) Grants Other Donations Total Grants $6 500 $0 $1 000 $0 $0 $0 $0 $0 $6 500 $0 $1 000 $0 $1 357 $0 $3 549 $0 $1 357 $0 $3 549 $0 $6 500 0 / $0 N/A $1 000 0 / $0 N/A $7 500 $0 $7 500 $4 906 $4 906 $7 500 0 / Total Revenues $17 633 800 $18 076 222 $19 163 004 $18 057 189 $19 713 967 $21 120 879 10 / 3 Village Council Category Administrative Expenses Memberships Dues Education & Training Insurance Committee Expenses State Relations Representative Federal Relations Representative Website/Communications Chamber of Commerce Youth Council Conferences Miami Dade Library Agreement Electricity Water & Sewer Maintenance & Repairs Art in Public Places Capital Outlay Total Village Council Budget FY 2004 $26 254 $26 000 $68 667 $500 $30 000 $50 000 $0 $55 063 $0 $42 000 $8 785 $4 628 $7 500 $16 500 $0 Actual Adopted FY 2004 FY 2005 $27 287 $7 617 $54 126 $30 000 $26 000 $34 804 $0 $500 $42 000 $35 000 $0 $0 $55 063 $0 $0 $4 236 $1 232 $2 277 $16 907 $0 $0 $0 $55 063 $2 000 $0 $8 500 $3 000 $0 $16 500 $11 000 Actual to Projected 7/31/2005 9/30/2005 $37 691 $6 694 $34 690 $0 $28 000 $0 $0 $41 297 $1 942 $0 $2 714 $0 $0 $11 250 $10 002 $38 000 $8 000 $35 000 $500 $42 000 $0 $0 $55 063 $2 000 $0 $3 600 $0 $0 $16 500 $11 000 Proposed /0 FY 2006 Change $30 000 0% $26 000 0% $40 749 17% $500 0% $50 000 43% $100 000 N/A $7 000 N/A $55 063 0 /0 $10 000 400% $0 N/A $3 600 58% $0 N/A $0 N/A $15 000 9% $25 000 127% $335 897 $210 745 $222 367 $174 280 $211 663 $362 912 63 / 4 Administration & Finance Category Village Manager Assistant Village Manager Assistant to the Manager Human Resources Coordinator IT Administrator Receptionist Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Unemployment Insurance Finance Director Contractual Grant Specialist Contractual Auditors Employee Development Administrative Expenses Insurance Telephone Postage Electricity Water & Sewer Rentals & Leases Printing & Binding Furniture & Fixtures Equipment Office Supplies Car Allowance Miscellaneous Memberships/Dues/Education/Training Travel Appraisers Website/Communications Contingency for Emergencies Total Administration Building Maintenance Building Maintenance Fire Dept Building Maintenance Police/Adman Building Maintenance Manager Maintenance & Repairs $7 500 Budget Actual FY 2004 FY 2004 $137 596 $140 310 $68 250 $68 075 $0 $9 003 $53 012 $53 400 $45 520 $46 062 $11 737 $13 734 $21 375 $21 940 $37 292 $28 686 $22 426 $29 433 $452 $499 $0 $0 $100 000 $97 050 $20 800 $10 500 $61 000 $64 105 $9 000 $0 $35 000 $94 746 $23 068 $18 299 $50 000 $33 309 $15 000 $13 900 $7 544 $8 859 $4 628 $2 064 $0 $0 $0 $0 $5 000 $4 349 $15 000 $15 827 $35 000 $13 476 $4 800 $4 800 $3 500 $8 832 $12 500 $7 507 $3 000 $8 150 $1 000 $350 $12 000 $36 610 $200 000 $0 Adopted FY 2005 $150 075 $73 136 $51 896 $57 018 $50 934 $0 $29 304 $45 967 $27 000 $431 $0 $100 000 $0 $50 000 $0 $50 000 $13 120 $30 000 $15 000 $2 000 $4 000 $0 $0 $2 500 $6 000 $15 000 $4 800 $3 500 $12 000 $3 000 $1 000 $25 000 $100 000 Actual to 7/31/2005 $121 775 $57 766 $26 692 $46 528 $40 816 $0 $20 108 $27 887 $22 500 $320 $0 $83 333 $0 $40 415 $0 $51 097 $11 654 $26 583 $18 685 $10 369 $0 $0 $0 $4 080 $3 210 $14 889 $0 $5 646 $10 479 $177 $0 $20 928 $50 088 Projected 9/30/2005 $150 075 $73 136 $30 000 $57 018 $50 934 $0 $29 304 $43 600 $27 000 $431 $0 $100 000 $0 $40 415 $0 $53 000 $13 120 $35 000 $20 000 $12 000 $0 $0 $0 $4 080 $3 210 $15 500 $0 $6 000 $10 479 $1 500 $1 000 $25 000 $50 088 Proposed /0 FY 2006 Change $162 306 8% $0 $60 975 $61 665 $55 085 $0 $16 599 $40 804 $21 600 $496 $2 500 $103 000 $0 $48 500 $0 $37 850 $15 335 $35 100 $13 700 $7 800 $0 $11 220 $850 $2 000 $6 600 $10 000 $0 $3 000 $7 556 $3 150 $1 000 $25 000 $100 000 N/A 17% 8% 8% N/A 43% 11% 20% 15% N/A 3% N/A 3% N/A 24% 17% 17% 9% 290% N/A N/A N/A 20% 10% 33% N/A 14% 37% 5% 0% 0% 0% $1 015 501 $853 875 $922 682 $716 025 5851 890 $853 691 7/ $0 $0 $0 $114 $0 $7 500 $14 655 $51 361 $101 858 $96 000 $60 500 $16 756 $91 171 $68 000 $17 399 $20 000 $101 858 $96 000 $16 000 $46 242 $105 509 $102 000 $60 500 10% 4% 6% 0% Total Building Maintenance $7 500 $22 269 $309 718 $193 326 $233 858 $314 252 1 / 5 Village Clerk Category Clerk Administrative Assistant Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Automobile Allowance Insurance Electncity Water & Sewer Rentals & Leases Maintenance & Repairs Imaging Equipment/Supplies Video & Filming Supplies Ordinance Codification Indexing Minutes Elections Election Advertising Legal Advertising Videographer & Equipment Video Streaming Website/Communications Office Supplies Memberships Dues Education & Training Travel Telephone & Postage Capital Outlay Total Village Clerk Budget Actual Adopted FY 2004 FY 2004 FY 2005 $72 361 $72 212 $78 258 $26 362 $26 203 $28 511 $7 552 $7 615 $8 168 $11 847 $9 113 $12 812 $11 519 $11 756 $10 800 $452 $499 $432 $0 $2 350 $4 800 $24 071 $19 106 $18 234 $7 600 $3 689 $2 500 $4 500 $2 064 $3 000 $0 $0 $0 $7 500 $7 913 $0 $5 000 $4 512 $5 000 $0 $0 $0 $3 500 $2 424 $3 500 $2 500 $1 384 $2 500 $20 000 $1 479 $20 000 $10 000 $4 935 $10 000 $75 000 $32 515 $75 000 $40 000 $45 940 $40 000 $6 000 $5 088 $6 000 $0 $0 $0 $0 $2 946 $5 000 $3 000 $1 153 $3 000 $3 000 $3 554 $3 000 $1 000 $1 559 $1 200 $3 000 $599 $3 000 Actual to 7/31/2005 $62 796 $23 223 $6 522 $4 435 $8 100 $320 $4 000 $12 160 $5 221 $0 $0 $0 $4 874 $0 $925 $1 559 $14 909 $10 431 $27 189 $27 743 $3 651 $0 $5 049 $1 433 $2 425 $1 038 $1 017 Projected 9/30/2005 $78 258 $28 511 $8 168 $12 812 $10 800 $432 $4 800 $18 234 $6 000 $0 $0 $0 $5 000 $0 $3 500 $2 500 $14 909 $10 431 $45 000 $40 000 $6 000 $0 $5 100 $3 000 $3 000 $1 200 $3 000 Proposed FY 2006 $84 637 $32 376 $8 951 $14 041 $10 800 $497 $4 800 $6 427 $7 560 $0 $4 069 $2 500 $5 000 $2 500 $3 500 $2 500 $15 000 $10 000 $75 000 $50 400 $6 259 $7 000 $5 000 $1 240 $4 380 $2 500 $6 000 / Change 8% 14% 10% 10% 0% 15% 0% 65% 202% N/A N/A N/A 0% N/A 0% 0% 25% 0% 0% 26% 4% N/A 0% 59% 46% 108% 100% $345 764 $270 609 $344 715 $229 020 $310 655 $372 937 8°/ 6 Village Attorney Category Legal Fees Legal Fees Lawsuits Legal Fees Labor Relations Prof Fees Contract Matters Other Professional Fees Court Costs and Fees Other Expenses Total Village Attorney Budget FY 2004 $200 000 $100 000 $0 $25 000 $5 000 $1 500 $1 500 Actual Adopted FY 2004 FY 2005 $298 423 $19 777 $24 711 $12 414 $0 $0 $75 $200 000 $100 000 $0 $25 000 $5 000 $1 500 $1 500 Actual to 7/31/2005 $217 682 $30 000 $35 000 $8 000 $9 737 $0 $0 Projected 9/30/2005 $220 000 $50 000 $50 000 $10 000 $9 737 $0 $0 Proposed FY 2006 0/0 Change $225 000 13% $100 000 0% $25 000 N/A $25 000 0% $5 000 0% $1 500 0% $1 500 0% $333 000 $355 401 $333 000 $300 419 $339 737 $383 000 15% 7 Debt Service Category Village Green Civic Center #1 Civic Center #2 Civic Center #3 Civic Center #4 Sewer Loan Financial Advisor Budget FY 2004 $1 129 089 $820 921 $524 000 $639 503 $0 $28 134 $4 500 Actual FY 2004 $1 129 089 $754 714 $522 544 $277 009 $0 $28 134 $8 266 Adopted FY 2005 $0 $817 886 $894 044 $741 177 $98 550 $28 134 $0 Actual to 7/31/2005 $0 $817 886 $894 044 $736 648 $76 598 $14 067 $0 Projected 9/30/2005 $0 $817 886 $894 044 $741 177 $98 550 $28 134 $0 Proposed % FY 2006 Change $0 N/A $819 026 0% $893 608 0% $741 177 0% $219 785 123% $28134 0% $0 N/A Total Debt Service $3 146 147 $2 719 756 $2 579 791 $2 539 243 $2 579 791 $2 701 730 5% 9 Public Works Category Public Works Director Maintenance Supervisor #1 Maintenance Supervisor #2 Administrative Assistant Building Maintenance Hourly Employees/Overtime Payroll Taxes Retirement Life Health Disability Insurance Workers Comp Insurance Engineering Landscape Architect Beach Conservation Monitoring Contractual Services Consulting Services Website/Communications Telephone Insurance Electricity Water & Sewer Electricity Village Wide Water Village Wide Maintenance & Repairs Maintenance Contracts Supplies Vehicle Maintenance Small Tools/Consumables Education & Training Equipment Vehicle Lease Hurricane Expenditures Total Public Works Budget FY 2004 $82 534 $37 965 $0 $33 435 $22 034 $30 779 $16 040 $18 824 $17 042 $8 576 $45 000 $5 000 $50 000 $420 000 $5 000 $0 $2 000 $25 694 $7 544 $4 628 $35 000 $65 000 $45 000 $50 000 $3 000 $4 000 $7 000 $2 000 $7 000 $3 600 $0 Actual FY 2004 $83 527 $41 155 $0 $35 550 $59 320 $41 209 $15 674 $14 480 $17 693 $9 470 $14 850 $0 $58 084 $433 534 $0 $0 $4 347 $20 368 $10 987 $18 685 $18 088 $115 571 $23 770 $26 421 $3 822 $10 526 $5 912 $2 263 $6 579 $3 600 $2 834 Adopted FY 2005 $85 010 $40 979 $27 295 $30 000 $0 $46 318 $17 565 $21 994 $21 600 $8 044 $45 000 $5 000 $25 000 $533 000 $5 000 $0 $2 000 $19 440 $4 000 $35 000 $35 000 $120 000 $45 000 $50 000 $3 000 $8 000 $7 000 $2 000 $10 000 $0 $0 Actual to 7/31/2005 $62 789 $35 413 $13 650 $19 615 $0 $33 666 $11 940 $7 613 $16 200 $6 070 $24 653 $0 $0 $453 505 $2 775 $0 $5 064 $12 980 $7 534 $315 $36 091 $74 087 $38 161 $27 807 $14 235 $15 152 $5 391 $0 $11 312 $0 $5 775 Projected 9/30/2005 $85 010 $40 979 $27 295 $30 000 $0 $46 318 $17 565 $21 994 $21 600 $8 044 $30 000 $5 000 $0 $533 000 $3 000 $0 $7 000 $19 440 $8 000 $1 000 $46 000 $80 000 $43 000 $35 000 $18 000 $17 000 $6 000 $0 $11 312 $0 $7 500 Proposed % FY 2006 Change $87 560 3% $47 341 $27 295 $36 050 $0 $66 923 $20 285 $26 792 $27 000 $9 251 $45 500 $5 000 $25 000 $533 000 $5 000 $7 000 $7 000 $28 555 $4 000 $35 000 $35 000 $120 000 $55 000 $50 000 $5 350 $25 000 $7 000 $2 000 $10 000 $8 760 $0 16% 0% 20% N/A 44% 15% 22% 25% 15% 1% 0% 0% 0% 0% N/A 250% 47% 0% 0% 0% 0% 22% 0% 78% 213% 0% 0% 0% N/A N/A $1 053 694 $1 098 321 $1 252 245 $941 791 $1 169 057 $1 361 663 9% 10 Building, Zoning & Planning Category Director Building Official Chief Permit Clerk Permit Clerk Receptionist/Permit Clerk (1) Permit Clerk Plan Reviewer Sr Code Enforcement Officer Chief Budding Inspector Chief Electrical Inspector Chief Plumbing Inspector (2) Chief Mechanical Inspector Building Inspector Inspectors (Part time) Overtime Salaries Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Master Plan Professional Services Special Masters Contractual Services Website/Communications Telephone Rentals & Leases Insurance Maintenance & Repairs Printing & Binding Postage Electricity Water & Sewer Electronic Scanning Supplies Membership & Dues Education & Training Mileage Car Allowance Miscellaneous Equipment Budget FY 2004 $112 273 $105 091 $39 915 $31 942 $11 737 $29 970 $65 951 $39 472 $75 879 $79 673 $75 879 $75 879 $63 180 $18 000 $5 000 $61 653 $99 170 $75 991 $56 712 $1 000 $25 000 $7 000 $20 000 $0 $3 150 $0 $24 071 $14 000 $7 500 $3 750 $7 544 $4 628 $20 000 $12 000 $5 000 $6 000 $3 000 $4 800 $2 000 $10 000 Total Building Planning & Zoning $1 303 812 Actual FY 2004 $113 135 $105 755 $40 281 $32 291 $12 036 $30 398 $66 547 $38 728 $76 288 $80 102 $53 268 $70 671 $64 353 $12 014 $4 364 $60 456 $76 285 $70 648 $62 626 $0 $24 915 $1 455 $20 633 $0 $4 266 $0 $19 420 $7 582 $3 889 $0 $3 689 $2 064 $18 596 $10 485 $1 283 $4 190 $203 $4 800 $3 565 $11 011 Adopted FY 2005 $115 641 $113 656 $43 168 $34 545 $25 388 $32 413 $71 326 $38 056 $82 064 $86 167 $30 000 $82 064 $68 329 $38 272 $0 $65 873 $103 330 $70 200 $53 465 $1 000 $25 000 $7 000 $20 000 $0 $3 150 $0 $18 212 $0 $3 750 $3 750 $2 500 $3 000 $30 000 $12 000 $5 000 $9 000 $3 000 $4 800 $2 000 $15 000 Actual to 7/31/2005 $93 846 $89 067 $34 915 $28 071 $20 526 $26 381 $57 598 $32 424 $66 458 $67 463 $21 120 $66 458 $55 335 $4 115 $0 $47 866 $35 768 $52 650 $40 137 $2 970 $23 996 $2 707 $9 594 $0 $3 875 $0 $12 160 $0 $7 010 $0 $5 221 $0 $0 $13 306 $2 504 $3 379 $79 $4 000 $3 460 $8 687 Projected Proposed / 9/30/2005 FY 2006 Change $115 641 $131 317 14 / $113656 $118696 3/ $43 168 $46 686 8 / $34 545 $37 360 8 / $25 388 $27 457 8 / $32 413 $35 054 8 /o $71 326 $77 139 8 /o $38 056 $39 959 5 / $82 064 $88 752 8 /o $86 167 $89 904 3 /o $30 000 $30 000 0% $82 064 $88 752 8 /o $68 329 $73 898 8 /o $5 000 $38 272 0 /o $0 $0 N/A $65 873 $67 468 2 / $103 330 $106 197 3 / $70 200 $70 200 0% $53 465 $61 485 15 /o $3 000 $1 000 0% $25 000 $25 000 0°/ $3 000 $7 000 0 /o $17 000 $20 000 0% $0 $7 000 N/A $5 000 $3 150 0 /o $0 $3 780 N/A $18 212 $25 203 38 /o $0 $0 N/A $7 500 $5 000 33 /o $1 000 $2 000 -47°/ $6 500 $7 800 212% $0 $0 N/A $30 000 $30 000 0% $15 000 $12 000 0% $5 000 $5 000 0% $3 500 $9 000 0% $300 $3 000 0 /o $4 800 $4 800 0 / $3 500 $2 000 0 /o $9 000 $15 000 0 / $1 212 290 $1 322 119 $943148 $1 277 997 $1 416 330 7/ (1) In FY 04 this position was shared evenly with the Administration/Finance Dept This position will be 100% with BZP to provide clerical duties associated with Special Masters and code enforcement programs This position is the department s receptionist and records all requests into the permit system (2) This budget reclassifies the Chief Plumbing Inspector from a full time position to a part time position This reclassification will be evaluated during the year to insure that there is no reduction in the quality of service provided 11 Police Category Chief of Police Deputy Chief of Police Police Major Police Lieutenants (3) Police Sergeants (4) Police Officers (20) Acting Supervisor Pay Salaries Overtime Special Events Holiday Pay Court Time Administrative Assistants (2) Dispatchers Municipal Utility Workers Community Service Aides/ Prop & Evid Cust Clerical Assist (PT) IT Services Technician Crossing Guard Police Incentive Pay Off Duty Employment Accreditation Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Technical Services IT CRIS Website/Communications Recruiting & Physicals Employee Wellness Program Investigation Expense Travel & per diem Telephone Dedicated Lines Electricity Water & Sewer Insurance Maintenance & Repairs Confidential Informants Supplies Equipment Lease DARE Program Uniforms Vehicle Maintenance Vehicle Fuel Boat Fuel Photography Range Expenses Communications Maintenance Memberships & Dues Education & Training Police Facilities Police Vehicles Police Equipment Subtotal Police Federal/State Expenditures Total Police Budget FY 2004 $0 $188 830 $0 $301 647 $317 747 $865 914 $4 000 $90 000 $0 $100 869 $8 000 $59 704 $157 144 $101 609 $0 $14 000 $0 $44 000 $21 420 $0 $0 $180 552 $253 482 $269 713 $118 074 $12 000 $0 $13 820 $2 000 $6 000 $0 $14 950 $30 177 $16 975 $136 203 $11 000 $1 000 $25 000 $0 $8 000 $39 000 $30 000 $28 000 $0 $4 500 $6 000 $20 000 $3 500 $42 000 $20 306 $90 000 $42 000 Actual Adopted FY 2004 FY 2005 $22 846 $113 300 $192 606 $127 435 $6 379 $95 176 $297 688 $240 400 $343 440 $279 490 $933 803 $978 504 $0 $1 000 $244 858 $94 000 $0 $0 $42 013 $100 000 $11 191 $12 000 $59 721 $67 927 $133 804 $166 962 $74 326 $60 482 $0 $51 361 $17 490 $15 000 $0 $49 230 $44 160 $44 000 $25 529 $22 025 $0 $0 $0 $0 $187 643 $192 649 $311 442 $279 752 $272 588 $232 200 $111 421 $115 890 $8 752 $0 $0 $0 $8 331 $15 862 $453 $0 $9 322 $15 971 $0 $0 $23 042 $19 080 $33 959 $25 000 $0 $12 000 $107 626 $102 898 $18195 $0 $0 $1 000 $47 399 $25 000 $0 $11 000 $9 126 $10 000 $55 268 $40 000 $77 817 $30 000 $40 587 $35 000 $0 $0 $4 131 $1 500 $5 116 $6 000 $42 524 $71 000 $3 081 $3 500 $32 711 $42 000 $33157 $0 $83 670 $105 789 $30 085 $30 000 Actual to 7/31/2005 $92 066 $82 692 $77 006 $216 534 $193 817 $804 710 $0 $112 163 $0 $89 969 $10 987 $55 047 $115 189 $48 006 $37 008 $12 431 $37 802 $30 064 $14 769 $27 184 $0 $154 214 $221 645 $203 685 $83 566 $0 $0 $17 375 $0 $10 039 $0 $21 017 $20 153 $0 $68 808 $0 $0 $25 455 $6 992 $3 767 $27 781 $49 848 $47 286 $0 $1 119 $837 $57 229 $2 980 $29 103 $0 $107 361 $24 078 Projected 9/30/2005 $113 300 $127 435 $95 176 $240 400 $279 490 $978 504 $1 000 $115 000 $0 $100 000 $12 000 $67 927 $150 000 $60 482 $51 361 $15 000 $49 230 $44 000 $22 025 $27 500 $0 $192 649 $279 752 $232 200 $115 890 $0 $0 $20 000 $0 $15 000 $0 $22 000 $23 000 $0 $102 898 $0 $0 $30 000 $11 000 $7 500 $40 000 $51 000 $55 000 $0 $1 250 $1 200 $71 000 $3 500 $41 000 $500 $107 361 $26 000 Proposed / FY 2006 Change $128 369 13% $109 798 14% $102 637 8% $272 531 13% $284 944 2% $1 025 732 5% $1 000 0% $116 886 24% $10 479 N/A $105 000 5% $13 500 13% $79 034 16% $155 608 7% $65 383 8% $66 563 30% $15 000 0% $48 293 2% $44 000 0% $18 640 15% $0 N/A $18 384 $202 154 $330 667 $226 800 $133 274 $0 $7 000 $18 675 $2 000 $17 839 12% $0 $26 058 37% $25 000 0% $12 000 0% $107 879 5% $3 800 N/A $1 000 0% $32 433 30% $11 741 $10 000 0% $37 110 7% $35 000 17% $60 000 71% $14 000 N/A $1 500 0% $6 000 0% $65 000 8% $3 500 0% $42 000 0% $0 N/A $158 767 50% $30 000 0% 5% 18% 2% 15% N/A N/A 18% N/A 7% $3 699 135 $4 007 299 $3 941 383 $3 241 781 $3 999 530 $4 302 975 9/ $0 $106 647 $0 $141 605 $0 $0 N/A $3 699 135 $4 113 946 $3 941 383 $3 383 386 $3 999 530 $4 302 975 9 / 12 Fire Rescue Category Fire Chief Deputy Fire Chief Fire Captains Fire Lieutenants Firefighters/Paramedics Administrative Assist Salaries Overtime Off duty Employment Holiday Pay Incentive Pay 1 Acting Supervisor Pay Vacation Excess Pay Payroll Taxes Retirement Life Health Disability Insurance Workers Comp Insurance Recruiting & Physicals Employee Wellness Program Consultants Fee Website/Communications Automatic Aid Agreement Fire Rescue Safety Materials ALS Licenses Fire Safety Telephone Postage Utilities Electricity Fire Truck Lease Insurance Maintenance & Repairs Printing Supplies Equipment EMS Grant 2 Linen Supplies Uniforms Vehicle Maintenance Fuel Photography Small Tools/Consumables Miscellaneous Memberships & Dues Education & Training Fire Rescue Facilities Fire Rescue Vehicles Fire Rescue Equipment Total Fire Rescue Budget FY 2004 $133 553 $98 567 $266 609 $391 287 $1 312 878 $37 611 $80 000 $5 500 $81 188 $22 320 $6 000 $85 000 $192 919 $298 594 $248 271 $126 719 $17 600 $1 000 $10 000 $0 $500 000 $10 000 $3 600 $15 000 $500 $9 885 $33 863 $117 000 $57 536 $39 500 $1 000 $9 000 $6 500 $1 000 $42 700 $5 000 $750 $1 000 $2 000 $6 000 $3 000 $43 200 $12 000 $4 000 $39 100 Actual FY 2004 $134 580 $99 344 $269 058 $383 243 $1 275 958 $37 959 $225 329 $0 $34 061 $6 939 $16 692 $95 584 $189 122 $387 517 $305 119 $122 127 $11 005 $323 $0 $0 $469 581 $9 778 $3 050 $18 342 $312 $7 266 $21 631 $109 140 $42 277 $38 842 $1 000 $9 070 $6 737 $637 $36 659 $5 137 $921 $406 $1 120 $8 473 $3 188 $26 530 $9 378 $4 089 $31 375 Adopted FY 2005 $137 560 $106 600 $278 088 $483 631 $1 419 285 $40 676 $88 000 $5 500 $81 188 $22 320 $6 500 $85 000 $210 708 $305 643 $210 600 $114 434 $18 000 $4 000 $10 000 $0 $500 000 $10 000 $3 600 $15 000 $500 $9 885 $33 862 $117 000 $45 396 $39 500 $2 500 $9 000 $1 550 $1 000 $50 000 $5 000 $750 $1 000 $2 000 $6 000 $3 000 $50 000 $12 000 $4 000 $35 000 Actual 7/31/2005 $111 620 $86 480 $225 648 $355 548 $1 187 751 $32 814 $159 331 $0 $45 260 $8 172 $9 373 $75 199 $162 446 $401 631 $203 656 $86 434 $4 740 $385 $0 $0 $399 300 $1 885 $1 945 $13 972 $131 $3 959 $14 837 $109 140 $29 657 $8 725 $938 $4 603 $1 302 $0 $25 192 $4 254 $1 761 $0 $341 $6 675 $2 636 $31 985 $1 695 $1 998 $22 276 Projected 9/30/2005 $137 560 $106 600 $278 088 $483 631 $1 419 285 $40 676 $165 000 $1 000 $81 188 $10 000 $9 500 $85 000 $210 708 $425 000 $210 600 $114 434 $6 000 $1 000 $0 $0 $500 000 $2 000 $3 600 $15 000 $500 $5 000 $20 000 $109 140 $45 396 $10 000 $2 500 $7 500 $1 400 $1 000 $30 000 $5 000 $2 000 $500 $500 $7 000 $3 000 $40 000 $3 500 $4 000 $25 000 Proposed % FY 2006 Change $141 687 $115 289 $286 430 $498 140 $1 506 545 $43 991 $95 000 $5 500 $81 000 $22 320 $7 000 $85 000 $215 036 $361 050 $210 600 $131 599 $28 800 $4 000 $10 000 $7 000 $500 000 $10 000 $5 000 $18 000 $500 $3 000 $37 200 $117 000 $84 993 $36 000 $2 500 $9 000 $1 400 $1 000 $50 000 $5 000 $2 000 $1 000 $2 000 $6 000 $4 875 $49 600 $11 980 $4 000 $35 000 3% 8% 3% 3% 6% 8% 8% 0% 0% 0% 8% 0% 2% 18% 0% 15% 60% 0% 0% N/A 0% 0% 39% 20% 0% 70% 10% 0% 87% 9% 0% 0% 10% 0% 0% 0% 167% 0% 0% 0% 63% 1% 0% 0% 0% $4 378 751 $4 458 900 $4 585 276 $3 845 691 $4 628 806 $4 853 035 6% 13 Parks and Recreation Departmental Expenses Parks & Recreation Director Athletic Supervisor Adult Programs Supervisor Part time Administrative Assistants Payroll Taxes Retirement Contnbutions Life Health Disability Insurance Workers Comp Insurance Contract Services Website/Communications Insurance Maint & Repairs Parks / Playground Advertising Vehicle Maintenance Vehicle Lease Supplies Field Maintenance Program Supplies Uniforms Membership & Dues Education & Training Travel Communications Electncity Field Lights St Agnes Water & Sewer Special Events Fourth of July Fireworks Winterfest 2 Key Biscayne Athletic Club Key Biscayne Art Festival Lighthouse Run & Walk Park Improvements Program Equipment Senior Transportation 3 St Agnes Field Lease 4 Fininvest Field Lease 5 Departmental Expenses Community Center Expenses Budget FY 2004 $72 680 $51 806 $41 446 $44 639 $26 967 $28 336 $26 640 $8 125 $45 000 $0 $21 784 $30 000 $10 000 $10 000 $0 $6 000 $80 000 $30 000 $2 000 $1 500 $1 500 $2 500 $1 500 $8 000 $1 000 $85 000 $65 000 $32 000 $50 000 $5 000 $10 000 $15 000 $10 000 $34 000 $36 000 $39 086 Actual FY 2004 $73 211 $52 184 $41 916 $13 684 $18 820 $16 757 $29 315 $8 972 $57 214 $0 $17 362 $18 935 $20 693 $5 451 $0 $8 102 $81 033 $22 457 $1 634 $600 $1 400 $747 $6 720 $3 689 $2 064 $88 760 $65 000 $56 340 $50 700 $456 $9 854 $23 888 $7 657 $36 720 $36 000 $29 314 Adopted Actual to Projected Proposed / FY 2005 7/31/2005 9/30/2005 FY 2006 Change $78 604 $65 469 $78 604 $85 010 8 /o $56 028 $45 469 $56 028 $57 709 3 / $44 824 $36 498 $44 824 $52 528 17 / $72 694 $54 892 $58 000 $76 568 5 / $19 289 $13 496 $19 289 $20 794 8 / $21 535 $7 454 $21 535 $23 430 9 /0 $27 000 $20 250 $27 000 $16 200 -40 / $7 620 $5 750 $7 620 $8 763 15 / $0 $0 $0 $0 N/A $0 $0 $0 $7 000 N/A $16 483 $11 005 $16 483 $28 706 74 / $30 000 $19 906 $21 000 $30 000 0/ $15 000 $45 343 $48 000 $50 000 233 / $10 000 $3 866 $4 000 $10 000 0 / $3 600 $3 600 $3 600 $3 600 0/ $8 000 $16 617 $17 000 $8 000 0 / $100 000 $64 370 $70 000 $100 000 0 / $30 000 $21 107 $23 000 $30 000 0 / $2 000 $2 839 $2 900 $2 000 0 / $1 500 $1 302 $1 400 $1 500 0/ $1 500 $1 344 $1 400 $1 500 0/ $2 500 $1 820 $2 000 $2 500 0/ $3 000 $4 621 $5 000 $4 000 33 / $0 $15 000 $15 000 $15 000 N/A $0 $0 $0 $0 N/A $85 000 $88 447 $89 000 $85 000 0/ $70 000 $78 420 $78 420 $70 000 0 / $35 000 $39 510 $40 000 $35 000 0 / $100 000 $25 000 $100 000 $100 000 0 / $5 000 $0 $0 $5 000 0 / $10 000 $10 350 $10 350 $10 000 0 / $15 000 $5 136 $5 500 $15 000 0 / $10 000 $6 457 $6 500 $10 000 0 / $34 000 $30 960 $34 000 $37 440 10 / $36 000 $36 000 $36 000 $36 000 0 / $0 $0 $0 $0 N/A $932 509 $907 649 $951 177 $782 299 $943 453 $1 038 248 9 / Community Center Supervisor $28 000 $17 000 $53 560 $46 075 $53 560 $67 336 26 / Youth Services Coordinator $32 000 $0 $32 000 $25 858 $32 000 $33 477 5 / Front Desk Manager $15 500 $0 $31 000 $25 354 $31 000 $33 477 8 / Part time Community Center Personnel $78 952 $27 581 $369 001 $280 929 $365 000 $371 406 1 / Payroll Taxes $0 $0 $37 145 $32 111 $37 145 $38 686 4 / Retirement Contnbutions $0 $0 $13 987 $4 842 $13 987 $16 115 15/ Life Health Disability Insurance $0 $0 $16 200 $12 150 $16 200 $16 200 0 / Workers Comp Insurance $0 $0 $58 559 $0 $58 559 $67 343 15 / Advertising $0 $0 $0 $0 $0 $50 000 N/A Contract Services $0 $0 $105 400 $186 257 $195 000 $210 800 100 / Telephone $0 $0 $0 $0 $0 $5 000 N/A Postage $0 $0 $0 $0 $0 $2 500 N/A Insurance $0 $0 $48 000 $0 $65 000 $67 479 41 / Maintenance $0 $0 $0 $110 532 $130 000 $249 595 N/A Minor Repairs $0 $0 $0 $0 $0 $5 000 N/A Office Supplies $0 $0 $0 $0 $0 $2 500 N/A Supplies $0 $0 $92 000 $57 918 $75 000 $82 000 11 / Electricity $0 $0 $195 664 $16 447 $30 000 $108 000 -45/ Water & Sewer $0 $0 $13 976 $2 597 $5 000 $3 000 79 / Community Center Expenses Total Parks & Recreation $154 452 $44 581 $1 066 492 $801 070 S1 107 451 $1 429 913 34 / $1 086 961 $952 231 $2 017 669 $1 583 370 $2 050 904 $2 468 161 22 / 1 Resolution 2000 26 Adopted July 11 2000 2 Resolution 99 55 Adopted June 8 1999 3 By Council motion Adopted June 11 2002 4 Resolution 2002 15 Adopted June 11 2002 5 Resolution 2001 56 Adopted August 28 2001 14 Special Revenue Fund Operating Revenues Transportation Surtax Local Option Gas tax Intergovernmental Revenues Total Operating Revenues Operating Expenditures Budget FY 2004 Actual FY 2004 Adopted FY 2005 Actual to Projected 7131/2005 9/30/2005 P oposed FY 2006 / Change $0 $336 524 $301 076 $159 786 $301 076 $264 000 12 / $0 $0 $0 $0 $0 $240 000 N/A $0 $0 $0 $0 $1 000 000 $0 $0 $336 524 $301 076 $159 786 $1 301 076 $504 000 67 / Crandon Blvd Master Plan Phase II $0 $0 $0 $240 081 $4 800 000 $0 McIntyre/Crandon Intersection $0 $0 $0 $0 $795 000 $0 Bond Counsel $0 $0 $0 $12 000 $12 000 $0 Pnncipal Debt Payments $0 $0 $0 $0 $0 $57 959 Interest Expense $0 $0 $0 $0 $30 319 $141 458 Debt Service Reserve $0 $0 $0 $0 $270 757 $64 583 Total Operating Expenditures $0 $0 $0 $252 081 $5 908 076 $264 000 N/A Other Sources/Uses of Funds Interest income $0 $485 $0 $7 216 $7 500 $500 Proceeds from Debt Issuance $0 $0 $0 $50 000 $3 500 000 $0 Contnbutions from Pnvate Sources $0 $0 $0 $7 994 $282 994 $0 Revenue Over (Under) Expenditures $0 $337 009 $301 076 ($27 084) ($816 506) $240 500 20 / Fund Balance Beginning of Year $0 $0 $337 009 $337 009 $638 085 ($178 421) Fund Balance End of Year $0 $337 009 $638 085 $309 925 ($178 421) $62 079 Capital Improvement Fund Operating Revenues Budget Actual Adopted Actual to Projected Proposed / FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Interest Income $0 $12 172 $0 $2 870 $3 000 $10 000 Sale of Fire Truck (Old Quint) $0 $72 000 $0 $0 $0 $0 Other Revenue $0 $54 947 $0 $350 204 $350 204 $0 Total Operating Revenues SO $139 119 $0 $353 075 $353 204 $10 000 Operating Expenditures Capital Outlay $819 251 $1 682 890 $1 050 000 $893 039 $1 050 000 $1 730 193 Total Operating Expenditures $819 251 Si 682 890 $1 050 000 $893 039 Si 050 000 $1 730 193 65 / Other Financing Sources (Uses) Operating Transfers In $819 251 $1 251 070 $1 050 000 $1 050 000 $1 050 000 $1 730 193 Operating Transfers Out $0 $0 $0 $0 $0 $0 Revenue Over (Under) Expenditures $0 ($292 701) $0 $510 036 $353 204 510 000 Fund Balance Beginning of Year SO $1 175 908 $883 207 $883 207 $883 207 $1 236 412 Fund Balance End of Year $905 758 $883 207 $883 207 $1 393,243 $1 236 412 $1 246 412 RESERVE AND CAPITAL OUTLAY ANALYSIS FY 2006 ITEM DESCRIPTION 1 Fire Equipment 2 Fire Vehicle Replacement 3 Beach Renourshment 4 Tree Replacement Program 5 School Parking 6 Calusa Park 7 Future Land Acquisition 8 Art in Public Places 9 Maintenance Reserve Police/Adman Building 10 Maintenance Reserve Fire Station 11 Maintenance Reserve Community Center Building 12 Community Center Equipment Replacements 13 Evaluation & Appraisal Report 14 Harbor Drive Drainage 15 Grapetree Drive Uplighting 16 Ocean Lane Drive Improvements 17 Union Labor Contract 18 Emergency Reserves (Hurricane) 19 Contingencies TOTAL Intortst J. rneIInterest BALANCE PROPOSED TOTAL 9/30/2005 ALLOCATIONS ALLOCATIONS $36 313 $169 605 $146 456 $25 000 $2 000 $0 $112 769 $177 910 $50 000 $50 000 $0 $25 000 $11 234 $173 415 $10 000 $225 000 $0 $244 675 $1 459 377 $1 462 247 $0 $0 $50 000 $25 000 $0 $0 $0 $0 $250 000 $350 000 $525 193 1 730 193 $10 000 $20 000 $250 000 $0 $0 $250 000 $0 $46 313 $189 605 $396 456 $25 000 $2 000 $250 000 $112 769 $0 $177 910 $50 000 $50 000 $50 000 $50 000 $11 234 $173 415 $10 000 $225 000 $250 000 $350 000 $769 868 $3 189 570 Stormwater Enterprise Fund Budget Actual Adopted Actual to Projected Proposed / Operating Revenues FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Stormwater Fees $525 000 $550 640 $530 000 $329 203 $530 000 $530 000 0 / Total Operating Revenues $525 000 $550 640 $530 000 $329 203 $530 000 $530 000 0 / Operating Expenditures Administrative Expenses $10 000 $2 578 $8 500 $4 852 $5 000 $8 500 Contractual Services $60 000 $162 738 $80 000 $145 891 $150 000 $80 000 Depreciation Expense $0 $273 919 $0 $0 $0 $0 0/ 0/ Total Operating Expenditures $70 000 $439 235 $88 500 $150 743 $155 000 $88 500 0 / Non Operating Revenue (Expense) Interest Income $9 500 $20 164 $9 500 $13 486 $15 000 $30 000 216/ Principal and Interest on Debt ($470 559) ($266 287) ($472 093) ($142 966) ($472 093) ($473 213) 0/ Revenue Over (Under) Expenditures ($6 059) ($134 719) ($21 093) $48 981 ($82 093) ($1 713) 216/ Fund Balance Beginning of Year $3 186 394 $3 186 394 $3 051 675 $3 051 675 $3 051 675 $2 969 582 Fund Balance End of Year $3 180 335 $3 051 675 $3 030 583 $3 100 656 $2 969 582 $2 967 869 17 Solid Waste Enterprise Fund Budget Actual Adopted Actual to Projected Proposed / Operating Revenues FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Solid Waste Collection Fees $285 000 $284 900 $545 162 $533 397 $533 397 $545 162 100 / Total Operating Revenues $285 000 $284 900 $545 162 $533 397 $533 397 $545 162 100 / Operating Expenditures Administrative Expenses $10 000 $3 978 $4 000 $2 110 $4 000 $4 000 100 / Contractual Services $275 000 $255 195 $514 008 $291 756 $514 008 $514 008 100 / Uncollectable Accounts $0 $0 $27 154 $0 $0 $27 154 100 / Total Operating Expenditures $285,000 $259 173 $545,162 $293 866 $518,008 $545 162 200 / Non Operating Revenue (Expense) Interest Income $850 $1 070 $0 $538 $600 $500 Revenue Over (Under) Expenditures $850 $26 797 $0 5240 069 515 989 5500 0 / Fund Balance Beginning of Year 5194 107 $194 107 5220 904 5220 904 5220 904 5220 904 Fund Balance End of Year 5194 957 5220 904 5220 904 5460 973 5236 893 5221 404 ORDINANCE NO 2005-19 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA BY AMENDING DEFINITIONS, AMENDING PERMITTED AND CONDITIONAL USES, AMENDING DEVELOPMENT REGULATIONS INCLUDING, BUT NOT LIMITED TO, HEIGHT, SETBACK AND FLOOR AREA RATIO REQUIREMENTS, AMENDING PERFORMANCE STANDARDS, AMENDING SUPPLEMENTAL REGULATIONS PERTAINING TO ALCOHOLIC BEVERAGES, AMENDING OFF-STREET PARKING REQUIREMENTS, AMENDING NON-RESIDENTIAL DISTRICT SIGN REQUIREMENTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village has reevaluated the land development regulations applicable to the Commercial and Office Distncts of the Village Zoning and Land Development Regulations contained in Chapter 30 of the Code of Key Biscayne, Flonda, in relation to development along Crandon Boulevard and has determined that certain changes should be made to those regulations, and WHEREAS, the Local Planning Agency at a duly called public meeting has heard and recommended the adoption of this Ordinance as consistent with the Village Comprehensive Plan, and WHEREAS, this proposed Ordinance has been properly noticed and heard in conformance with Section 166 041, Flonda Statutes, and in conformance with the Village Zoning and Land Development Regulations, and WHEREAS, the Village Council finds that this Ordinance will promote the health, safety and welfare of the citizens of the Village 1 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Amendment to Section 30-11 That Section 30-11 "Definitions" of Chapter 30 "Zoning" of the Code of Key Biscayne, Flonda is hereby amended as follows Sec 30-11 Definitions * * * Floor Area The sum of the areas of the floors of a Building or Buildings, measured from the extenor faces of extenor Walls or from the extenor face of an architectural projection, from the centerline of Walls separating two attached Buildings The calculation of Floor Area for Unit sizes is measured from the centerline of a party Wall to the intenor face of an extenor Wall The Floor Area of a Building shall include all areas except for those areas listed below, unless otherwise provided for in this chapter (1) Accessory water tanks or cooling Towers (2) Unenclosed extenor staircases or steps, extenor open fire escapes and open stairwells (3) Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet six inches (4) Unenclosed extenor Terraces, Balconies, breezeways, Porches, Carports, Gazebos, sheds or hallways or areas that provide Access to a Unit or Units (5) Any floor space utilized for parking within an accessory off-street Parking garage For single Family and Two -Family Structures, the Parking garage is included in the FAR calculation if the finished floor is more than two feet above the crown of the road except as set forth in subparagraph (8) If the Parking garage is the main Permitted Use, then the Floor Area of the Parking levels shall be included in the calculation for Floor Area Ratio (6) Mechanical equipment rooms located above the main roof deck (7) Extenor unenclosed pnvate or public Balconies (8) Floor Area located below BFE is excluded, however, if the ceiling is above BFE and the space is enclosed on more than two sides, 10 percent of the honzontal Floor Area of the space below BFE is included in the Floor Area (9) Extenor elevators and landings (10) Chaises (11) Service station or automotive repair when located in a parking garage 2 In volumetnc Buildings where there are no intenor floors above the finished floor, the Floor Area shall be calculated as if there were a floor for every ten feet Volumetnc space between ten and 13 feet is not counted Volumetnc space above 13 feet shall be calculated as follows Floor area = 10 percent for each one foot or fraction thereof in height x square feet of the space Volumetnc space is not counted in the following (1) In entranceways that contain 225 square feet or less (2) Space between ten and 13 feet above the finished floor (3) Space above stairs * * * Lot Coverage The area of the Lot Occupied by all Buildings, covered Structures and Terraces above Maximum Lot Elevation, excluding the following In Commercial, Office, or Multiple Family Distncts, uncovered, open plazas located on the upper deck of a parking garage, so long as the upper deck is no higher than two 2 0 feet above the Base Flood Elevation constructed with an elevation at or below 3 0 ft below grade, extenor steps and landings attached to and providing a means of ingress and egress from a Building, Carport Canopies which occupy less than 300 square feet in area, Gazebos occupying a total area of up to two percent of the lot size, utility sheds, carports and porches that provide a ten foot setback pursuant to section 30-100(0(12), planters with a maximum height of four feet above grade and patios, Decks and swimming pools that are located below the Maximum Lot Elevation Lot Coverage shall specifically include any non -roofed areas by Walls (other than Building Walls) that exceed six feet in height and are attached to or otherwise form an integral part of Building * * * Section 3 Amendments to Section 30-101 That Section 30-101 "Commercial Distncts" of Chapter 30 "Zoning" of the Code of Key Biscayne, Flonda is hereby amended as follows Sec 30-101 Commercial Districts C-1 Low Intensity Commercial District (a) Purpose and Uses District Purpose Main Permitted Uses* Conditional Uses Accessory Uses Prohibited Uses This distnct permits Bar Service Station where Any Use that is Any Use not the Development of land in a low intensity manner and Uses that Commercial Uses 1 Offices No individual the pnmary use on the customarily listed as a Main site, associated with Permitted Use, the Main Conditional Use, 3 provide for the sale of goods and products that are needed throughout the entire Village The permitted uses or multiple business Permitted Uses (See Sec 30- 111) or Accessory Use (See Sec 30-113) entity(ies) that are affiliated can occupy more than 10,000 sq ft Medical offices shall not exceed 10,000 sq ft 2 Retail uses No provide goods and individual or multiple services that pnmanly business entity(s) shall serve the residents of occupy more than 10,000 the Village sq ft * except for stores whose pnncipal product is food for consumption off the premises Retail of Antique furniture that is at least 50 years old and the resale of jewelry, art, and furs * Personal Service Uses Restaurant (except on parcels that immediately abut a single Family distnct) * If a Use is located immediately adjacent to a single Family distnct, then such Use shall be closed after 6 00 p m Monday through Saturday On Sunday, the hours of business are limited to 9 00 am through 1 00 pm These restrictions do not apply from Thanksgiving through December 31 where the hours of operation shall be the same as the majonty of businesses in the Village (b) Development Regulations Lots Area Setbacks Maximum Number of Floor Area Ratio (See FAR Design Lot Coverage Stories Bonus Sc- ** Less than or = Front First Floor 10 ft 3 stones not 4 20- 50 Minimum Let-Acrea 40% 1140,090 to 21,000 sq Above lst floor 20 to exceed 35 FAR maybe 35% ft Side, Intenor 20 cq ft ft increased to 55 by Side, Facing 10 a 025 if subterranean street Rear 25 parking garage receives the bonus and/or ft- b 025 if a parking garage is sited at least 50 ft from a public street More than 3 stones not 20- 50 35% 21,000 less to exceed 35 FAR may be than or = to ft 60,000 sq ft increased to 55 by a 025 if subterranean parking garage receives the bonus and/or b 025 if a parking garage is sited at least 50 ft from a public street More than 3 stories not 20- 50 35% 60,000 but less to exceed 35 FAR maybe than 100,000 ft nil_ increased to 55 by a 025 if subterranean parking garage receives the bonus and/or b 025 if a parking garage is sited at least 50 ft from a public street 100,000 sq ft 3 stories not 20- 50 35% or more to exceed 35 5 ft FAR maybe increased to 55 by a 025 if subterranean parking garage receives the bonus and/or b 025 if a parking garage is sited at least 50 ft from a public street *Lots must be adjacent to one another and have at least one lot line in common **The FAR Design Bonus Schedule is a range based on a minimum and a maximum (c) Setback Requirements Street Frontage Side, Interior Rear First and second 0-5 ft based on Site Plan 25 ft facing Fernwood Rd , Village Green Way floor shall be 10 Review for sideyard facing a or adjacent to single family distract, 35 ft if adjacent ft Third floor shall street, 0-30 ft based on Site Plan Review for intenor to land zoned Institutional or adjacent to a park sideyard 0 ft in all other situations be greater than If adjacent to land zoned 20 ft Institutional or adjacent to a park, the sideyard setback is 35 ft (d) Floor Area Ratio Design Bonus Schedule Design Cntena How to Calculate Floor Area Ratio Bonus Maximum FAR Bonus 1 Elevation facing a street a First floor zoning Code requires 50% of elevation to be in windows Bonus for additional windows b Steps in front of the storefront leading to the street c Vanation in vertical roof lines a 0 0005 per sq ft of window b 0 0005 per linear ft of stair width c 0 0003 per linear ft of roof line providing the length of the roof element is not less that 25% of the length for the largest roof a005 b005 c008 6 d Variation in building wall plane d 0 0003 per linear ft of wall recess or d 0 08 e Mansard or pitched roof facing a street projection measured from the corner of e 0 08 f Ornamental reveals, designs, or trellis the wall joint to corner wall joint of g Open balconies with 75% of each side each recess or projected element having railings e 0 0003 per linear ft h Porch or covered terrace (not a f 0 002 per sq ft of decorative element f 0 02 balcony) or trellis area g 0 02 g 0 0001 per sq ft of balcony floor area h 0 00003 per sq ft of porch or terrace h 0 08 floor area 2 Courtyards and passageways to intenor 000007 per sq ft of courtyard floor a 0 07 public spaces a Intenor courtyards area b 0 07 b Pedestrian Passageways to intenor 000007 per sq ft of passageway floor courtyards No pedestrian passageway area can be an interior courtyard 3 Clustenng of Building(s) this bonus is 05 per building, provided no individual 15 limited to projects that occur on 60,000 building floor area is less than 35% of sq ft or more of land the largest building floor area Buildings may be connected by roofed passageways 4 Sites adjacent to a park that provide an Route must provide two way traffic, 10 alternate route to Crandon Boulevard commercial uses fronting on > 50% of frontage, and if it connects to two streets then easement to the Village 5 Use a 03 per auto repair bay a 0 09 a Automobile repair* *All new auto repair uses shall agree to and/or b 08 b 02 per gasoline dispenser a recorded development restnction limiting the use of the property for auto repair for a minimum penod of 10 years b Service Station 6 Parking Garages 0 06 per foot or fraction thereof below 0 20 a finished floor located below grade in a garage that contains > 50% of the Grade required parking spaces 7 7 At Grade Parking Lots 0 025 when access is provided to an 0 025 ad acent parking lot 8 Landscaping Providing more a 0 005 per shade tree a 0 05 landscaping than is required a Shade trees b 0 00005 per native shrub b 0 01 b Native shrub c 0 00005 per sq fl of ground cover c 0 01 c Ground cover d 0 00005 d 0 01 d Planter boxes (c) Performance Standards (all items apply to uses in the C-1 Distnct) (1) Service Stations, automotive repair, detailing and washing a All vehicle repair shall take place within a fully enclosed Building b No windows or garage doors shall be placed within 100 feet of residentially zoned property c The overnight outdoor storage of vehicles is prohibited d Detailing/car washing shall only be permitted in a Structure or under a permitted Canopy Canopies shall not be placed where they will interfere with on -site Parking or traffic circulation nor visible from a street e Air compressors shall be within a wholly enclosed building that prevents the transmission of noise (2) Burglar alarm The alarm bell or device shall not face residentially zoned property (3) Buffenng and Screening A decorative, opaque six-foot CBS Wall shall be placed 5 ft from any property line adjacent to a street The area between the property line and the Building Wall shall have dense landscaping The design of the Wall and the landscaping shall be approved by the Building, Zoning, and Planning Director The Director shall determine if the Wall and landscaping provides -an adequate buffer and screen between the Commercial Uses and the Adjacent Properties The Director may require that additional trees be placed in the swale Regulations (4) Restaurants may offer alcoholic beverages for consumption on the Premises if the pi=ifnaftly pnmary Use of the property is for the sale of meals There shall be a printed menu and food shall be available for the entire time the restaurant is open Alcohol sales may occur as long as the restaurant is open and food is available for consumption on the Premises (5) The Wall; which contains the main entrance into a business; shall have a minimum of 50 percent of the surface in windows and doors 8 (6) Penmeter Walls or fences that face a Street shall be set back two feet from the Lot line (7) Commercial properties may provide two way access from Fernwood Rd for pedestrians, bicycles, and golf carts, however, the access shall be sited in a manner which does not result in a direct route to Crandon Boulevard (8) If a roof deck contains parking spaces, it shall include an opaque 42 inch high parapet (9) Stores and offices shall provide a kneewall or bulkhead between 18-24 inches in height (10) Buildings which are on sites that include more than one lot shall provide a covered or uncovered passageway for every 200 linear feet of building facade (11) When stairs are provided from a building to a sidewalk, then the width of the stairs shall not be less than 10 ft f 12) Parking Garages a The extenor elevations of accessory parking structures shall be designed the architecturally integrated with the exterior elevation b Pnmary entrances to a parking structure shall not be located on the main facade of the pnncipal use which the parking structure serves c Openings in parking structures shall be screened so that no cars, headlights, or light fixtures are visible from surrounding uses The size and proportions of openings shall be compatible with neighbonng buildings Glazing, perforated metal panels, applied surface elements, landscaping or combinations of these that are compatible with other matenals of the facade shall be used to screen openings d Dnveway and pedestnan entnes to parking structures shall be integrated with the ground level facade and shall include doors compatible with the design of the building (13) Buildings sited at the corner of two public streets shall provide a prominent corner entrance to street level shops or lobby space (14) Flat roofs shall not be visible from the street or from any floor that contains commercial or office uses Pitched or mansard roofs shall not use tar, gravel, or asphalt shingles or other similar products as determined by the Building, Zoning, and Planning Director Flat roofs of garages shall have a parapet or other opaque screening at least 36 inches high measured from the fimshed deck floor, to shield automobiles from public view at the street level 9 (15) Asphalt or other similar products as determined by the Building, Zoning, and Planning Director shall not be on the surface of any floor that is considered as common space which contains commercial or office uses (16) Common space such as, but not limited to, courtyards, plazas, and pedestnan spaces shall be landscaped in accordance with the landscape standards for vehicular use areas (See Section 30-238), or hardscaped for use as plazas, courtyards, and pedestnan passages integrated into the overall site layout and pedestnan circulation system These spaces may include architectural trellis work over at least 30% of the top deck area, or treated with a combination of architectural and landscape elements to achieve a screening effect (17) In Shopping Centers, facades which front on a street shall contain storefronts that provide the main entrance into the place of business (18) All properties which have retail and/or office uses shall provide a bicycle rack or racks which contain one bicycle space per 5 retail and/or office spaces This shall apply to all shopping centers which currently do not have bicycle racks as well as all existing new shopping centers Section 4 Amendments to Section 30-106 That Section 30-106 "Office Distnct" of Chapter 30 "Zoning" of the Code of Key Biscayne, Flonda is hereby amended to add paragraph (c) (3) as follows Sec 30-116 Office District 0-1 Low Intensity Office Distnct * * * (c) Performance standards (1) Walls facing a Street shall include a minimum of 50 percent of the surface in windows and doors (2) Walls facing residentially zoned property shall not have windows, however, the design of the Wall shall include architectural treatments that add visual interest such as scoring, caps, columns, reveals, and similar architectural treatments The design shall be approved by the Building, Zoning, and Planning Director Di For properties that front on Crandon Boulevard, the performance standards of the C- 1 Low Intensity Commercial Distract, Section 30-101(e) shall apply 10 Section 5 Amendments to Section 30-112 That Section 30-112 "Supplemental Regulations" of Chapter 30 "Zoning" of the Code of Key Biscayne, Flonda is hereby amended to read as follows Sec 30-112 Supplemental Regulations (a) Alcoholic beverages The Village shall use the Miami -Dade County Ordinance for purposes of regulating the sale of alcoholic beverages, however, in no instance shall alcoholic beverages be offered for sale for consumption on or off the Premises, except in bars, as incidental to for restaurants and grocery stores (limited to the sale of beer and wine only for consumption off the premises) within 500 feet of a place of worship, a school or from a parcel immediately adjacent to a single Family district The distance measurement shall be a straight line measured from the property line where the establishment is located to the nearest point of the property line of the school or place of worship No establishment, except for Hotel room service, shall offer alcoholic beverages for consumption on or off the Premises between 2 00 a m and 7 00 a m on any day of the week However, beer and wine may be sold, for off premises consumption only, 24 hours The Village Council may grant an extended hours license, pursuant to the Conditional Use procedures set forth in section 30-72, to allow an establishment to offer alcoholic beverages for consumption on or off the Premises as late as 4 50 a m In evaluating such requests, the Village Council shall use the following cntena (1) The number of off-street Parking spaces, (2) The amount and degree of law enforcement activities, and (3) The impact on Adjacent Properties in terms of noise and traffic The Village Council may require, as a condition of granting an extended hours license, conditions to mitigate the adverse impacts that such establishments have on Adjacent Properties The extended hours license is personal to the applicant and shall not be transferred or assumed without the approval of the Village Council pursuant to the Conditional Use procedures set forth in section 30-72 An extended hours license is automatically renewed unless it is suspended by the Village Manager Following the suspension, the Village Council shall hold a public hearing to determine it should be reinstated or revoked The Village Manager's decision to suspend the extended hours license must be based on a determination that the Use is harmful to the health, safety, and welfare of the Village The Council shall determine whether there is competent and substantial evidence to support the decision of the Village Manager using the process for an appeal of an administrative decision (See section 30-70) Pnor to a decision to suspend an extended hours license, the Police Chief shall submit a report and recommendation to the Village Manager The report shall address the cntena listed in subparagraphs (1)--(3) above The granting of an extended hours license is a pnvilege subject to revocation by the Village Council at any time As such, no Person may reasonably rely on a continuation of the pnvilege 11 Section 6 Amendment to Section 30-184 That Section 30-184 "Amount of required Off -Street Parking" of Chapter 30 "Zoning" of the Code of Key Biscayne, Flonda is hereby amended to add paragraph (d) as follows Sec 30-184 Amount of required Off -Street Parking (d) Uses in the C-1 Distnct shall provide one golf cart space per fifty (50) vehicular spaces Section 7 Amendments to Section 30-195 That Section 30-195 "Non-residential distnct signs" of Chapter 30 "Zoning" of the Code of Key Biscayne, Flonda is hereby amended to add paragraph (8) as follows Sec 30-195 Non -Residential District Signs * * * (8) Permitted Signage in Office Distnct Number One per building mounted on a wall facing the street Area (maximum) 20 sq ft Letter Height (maximum) 12 inches except for lots facing Crandon Boulevard Signs shall have a maximum letter height of 18 inches Illumination Permitted only for reverse channel letters with back lighted letters Monument Signs Not permitted Directory Sign One per building located at the entrance to the building with a maximum area of 15 sq ft It may be externally or internally illuminated with the maximum watts to permit 12 the letters to be read at a distance not to exceed 3 ft from the Directory Sign This regulation only affects Directory Signs which can be viewed from a street Section 8 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 9 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this Stn day of November , 2005 PASSED AND ADOPTED on second reading this 22nd day of November , 2005 /1/0 6114A -h/ L---, MAYOR ROBERT OLDAKOWSKI T �6'C-��lllf, CHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN STEPHEN J ELFM ; VILLAGE ATTORNE 7 ,, 13 ORDINANCE NO 2005-18 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 ENTITLED "NOISE" OF THE VILLAGE CODE BY REPEALING SECTIONS 17-1 THROUGH AND INCLUDING SECTION 17-7 OF CHAPTER 17 AND ADOPTING NEW SECTIONS 17-1 THROUGH AND INCLUDING SECTION 17-7 OF CHAPTER 17 "NOISE" PROVIDING COMPREHENSIVE REGULATIONS AND RESTRICTIONS ON ALL ACTIVITIES CREATING NOISE IN THE VILLAGE AND PROVIDING SPECIAL EVENT PERMIT REGULATIONS, PROVIDING FOR PENALTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council wishes to amend Chapter 17 "Noise" of the Code of Key Biscayne, Flonda to enhance the regulations and restnctions on noise within the limits of the Village, WHEREAS, the Village Council appointed the Noise Ordinance Review Committee (the "Committee") to consider noise issues, accept public comment, and recommend revisions to the noise ordinance, and WHEREAS, the Committee has completed its task and has made its recommendations to the Village Council, and WHEREAS, the Village Council finds that the amendment of Chapter 17 "Noise" as provided herein is in the best interest of the Village IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Page 1 of 12 Section 1 Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2 Repeal. That the Code of Key Biscayne, Flonda is hereby amended by repealing Section 17-1 through and including Section 17-7 of Chapter 17 "Noise", which reads as set forth in Exhibit "A" attached hereto and incorporated herein Section 3 Code Amended That the Village Code of the Village of Key Biscayne, Flonda, is hereby amended by revising Chapter 17 "Noise", to consist of new Sections 17-1 through and including Section 17-7 to read as follows Sec 17-1 Definitions The following words, terms and phrases when used in this chapter shall have the meaning ascnbed to them in this section, except where the context clearly indicates a different meaning (1) Construction Any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, on public or pnvate nghts-of-way, structures, utilities or property (2) Emergency Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention, including, but not limited to, the declaration by the government of a Tropical Storm Warning, Tropical Storm Watch, Humcane Warning, or Humcane Watch for the Village of Key Biscayne, including that penod of time after such event where essential public services including, but not limited to, utilities, are unavailable (3) Holidays New Year's Day, Memonal Day, Independence Day, Labor Day, Veteran's Day, Columbus Day, Washington's Birthday (the third Monday in February), Martin Luther King, Jr Birthday (the third Monday in January), Thanksgiving Day, and Christmas Day (4) Leaf Blower Any device used, designed or operated to produce a current of air by fuel, electricity or other means to push, propel or blow lawn, tree or plant cuttings, refuse or debns (5) Motor Vehicle A two or more wheel vehicle, or machine, propelled or drawn by mechanical power, gas or diesel, and used on the public roads and highways in the transportation of people or property (6) Motorboat Any vessel equipped with machinery for propulsion, irrespective of whether the propulsion machinery is in actual operation Page 2of11 (7) Noise Disturbance Any sound in quantities or at levels which are or may be potentially harmful or injunous to human health or welfare, 01 which unnecessanly interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities Any sound generated by activities descnbed in Section 17-2, outside the permitted hours, shall be deemed a Noise Disturbance (8) Noise Receptor Site An area, parcel, building, structure, hotel room or unit, or dwelling unit which is the recipient of noise emanating from another area, parcel, building, structure, hotel room or unit, or dwelling unit (9) (10) subsections 17-4(12) and 30-102(e) of the Village Code (11) Sound Level Meter An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and A- Weighted sound level network with fast and slow integrating time constants, used to measure sound pressure levels The sound level meter should be capable of measunng the A - Weighted equivalent sound level (Leq) and maximum sound levels, and shall have data logging capabilities The meter shall be a Type 1 sound level meter as defined by ANSI Standard S1 4-1983 (R2001), Specifications for Sound Level Meters (12) Vessel A boat as referenced in Section 1(b), Art VII of the Flonda Constitution and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water Plainly Audible A noise which is unreasonably loud, raucous or jarnng Special Event Activities or events approved by the Village pursuant to Sec 17-2 Prohibited Noise Disturbances Section 17-2 shall be applicable to all property within the Village limits, except properties designated within Hotel Resort (HR), Planned Unit Development (PUD), or Pnvate Club (PC) zoning distncts, which shall be governed solely by Section 17-3 Except as otherwise provided herein, it shall be unlawful for any person to make, continue or cause to be made or continued any Noise Disturbance The following activities are declared to be a Noise Disturbance and shall constitute a violation of this chapter (1) Horns, Signaling Devices, etc The sounding of any horn or signaling device on any Motor Vehicle or Motorboat, except as a danger warning or the creation by means of any such signaling device of any Plainly Audible sound or the sounding of any such device for any unnecessary and unreasonable penod of time (2) Sound Amp 1 ifying Equipment and Musical Instruments The using, operating, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, loudspeaker, loudspeaker system, sound amplifier, or other machine or device for the producing or reproducing of sound so as to disturb Page 3 of 11 the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient heanng for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto, or the operation of any such radio, television, phonograph, musical instrument, loudspeaker, loudspeaker system, sound amplifier, or other machine or device outside the following permitted hours (a) 7 00 am to 11 00 p m on Monday, Tuesday, Wednesday, and Thursday, (b) 7 00 a m to 12 00 a m on Friday, (c) 8 00 a m to 12 00 a m on Saturday and Holidays, (c) 8 00 a m to 11 00 p m on Sunday, in such a manner as to be Plainly Audible at a distance of 100 feet from the building, structure, Motor Vehicle, Motorboat or area in which it is located (3) Set Up and Breakdown of Certain Events The creation of any Plainly Audible noise dunng the setting up and breaking down of parties, shows, exhibitions and events or any other gathenng outside the permitted hours in paragraph (2) above (4) Animals, Pets, Birds, etc The owning, possessing or harbonng of any animal, pet or bird which causes frequent or continued noise which is Plainly Audible from any property or residential dwelling unit other than the property or residential dwelling unit where the animal, pet, or bird is located (5) Exhausts The discharge into the open air of the exhaust of any engine, stationary internal combustion engine (including power generators), Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom (6) Idling of Engines The idling of any internal combustion engine outside the permitted hours in paragraph (9) below (7) Construction The creation of any Plainly Audible sound in connection with Construction outside the following permitted hours (a) 7 00 a m to 6 30 p m on Monday, Tuesday, Wednesday, Thursday and Friday (8) Firearms or Explosives The use or finng of any explosives, firearms or similar devices, except in an Emergency, or using or finng firecrackers, skyrockets or the like unless approved in advance by the Village Manager in accordance with the procedures set forth in Section 17-5 (9) Loading or Unloading The creation of any Plainly Audible sound in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects outside the following permitted hours Page 4 of 11 (a) 7 00 a m to 6 30 p m on Monday, Tuesday, Wednesday, Thursday and Fnday, (b) 8 00 a m to 6 30 p m on Saturday, Sunday and Holidays (10) Commercial Maintenance Equipment The commercial operation of maintenance equipment (including but not limited to pressure cleaners, blowers, sweepers or vacuums) which creates a Plainly Audible sound within 100 feet of any residential area outside the following permitted hours (a) 7 00 a m to 6 30 p m on Monday, Tuesday, Wednesday, Thursday and Fnday (11) Power Tools and Landscaping Equipment The operation of noise- producing lawn mowers, lawn edgers, weed tnmmers, chippers, Leaf Blowers, chain saws, power tools and other noise -producing tools outside the following permitted hours (a) 8 00 a m to 6 30 p m on Monday, Tuesday, Wednesday, Thursday and Fnday, (b) 10 00 a m to 6 30 p m on Saturday, Sunday, and Holidays only for non-commercial operation of noise producing tools (12) Defect In or Condition of Motor Vehicle, Vessel or Motorboat The use of any Motor Vehicle, Vessel, or Motorboat so out of repair, maintained in such condition or loaded in such a manner as to create a Plainly Audible grating, grinding, rattling or other sound This prohibition also precludes the use of sail cables and riggings in a manner which creates a Plainly Audible sound (13) Hawkers/Peddlers The shouting and crying of peddlers, hawkers, and vendors (14) Schools, Courts, Hospitals, Places of Religious Worship The creation of any noise on any street or place adjacent to any school, court, hospital or place of religious worship, while the same are in use, which unreasonably interferes with the operation of such institution or which disturbs or unduly annoys the persons within such institutions, excluding those located in single family distncts and single family and two-family distncts (15) Aircraft The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the Village, for advertising or other purposes (16) Open Air Concerts, Musical Broadcasts, etc The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) (17) Leaf Blowers The use or operation of any Leaf Blower unless said machine has a stamp from the manufacturer or testing laboratory certifying a rating of no more Page 5 of 11 than sixty-five (65) decibels From and after May 24, 2006, the use and operation of any Leaf Blower unless said machine has a stamp from the manufacturer certifying a rating of no more than sixty-five (65) decibels and incorporates the best available technology for the reduction of noise - (18) Fixed Mechanical Equipment The creation of a Plainly Audible sound from the use, operation, or maintenance of fixed mechanical equipment, including but not limited to swimming pool filtration system pumps and air conditioning or ventilation systems (19) False Burglar Alarms False Burglar Alarms as defined in Section 17-8 Sec 17-3 Noises Exceeding Established Decibel Levels Section 17-3 shall be applicable to all property within the Hotel Resort (HR), Planned Unit Development (PUD), or Pnvate Club (PC) zoning districts Except as otherwise provided, the generation of any sound in excess of the permitted decibel level established herein shall be deemed a violation of this chapter (1) Permitted Decibel Level The permitted decibel level for noise which emanates from indoor or outdoor activities or outdoor operations (including those conducted from a tent or any other partial enclosure) as measured outdoors at the property line of the Noise Receptor Site which is closest to the site from which the noise emanates, shall at all times be no more than sixty-five (65) decibels as measured with a calibrated Sound Level Meter Except as otherwise permitted below, any noise exceeding 65 dBA shall constitute a violation of this chapter (2) Exceptions The following activities are permitted to exceed the permitted decibel level only dunng the hours expressly identified in this section (a) Set Up and Breakdown of Certain Events The creation of noise in excess of the permitted decibel level during the setting up and breaking down of parties, shows, exhibitions and events or any other gathenng dunng the following hours (1) 7 00 a m to 11 00 p m on Monday, Tuesday, Wednesday, and Thursday, (ii) 7 00 a m to 12 00 a m on Fnday, (iii) 8 00 a m to 12 00 a m on Saturday and Holidays, (iv) 8 00 a m to 11 00 p m on Sunday (b) Construction The creation of noise in excess of the permitted decibel level in connection with Construction dunng the following hours (i) 7 00 a m to 6 30 p m on Monday, Tuesday, Wednesday, Thursday and Fnday (c) Loading or Unloading The creation of noise in excess of the permitted decibel level in connection with the loading, unloading, opening, closing Page 6of11 or other handling of boxes, crates, containers, refuse cans or other objects dunng the following hours (i) 7 00 a m to 7 00 p m on Monday, Tuesday, Wednesday, Thursday and Fnday, (ii) 8 00 a m to 7 00 p m on Saturday, Sunday and Holidays (d) Commercial Maintenance Equipment The commercial operation of maintenance equipment (including but not limited to pressure cleaners, blowers, sweepers or vacuums) in excess of the permitted decibel level dunng the following hours (1) 7 00 a m to 6 30 p m on Monday, Tuesday, Wednesday, Thursday, and Fnday (e) Power Tools and Landscaping Equipment The operation of noise - producing lawn mowers, lawn edgers, weed tnmmers, chippers, Leaf Blowers, chain saws, power tools and other noise -producing tools in excess of the permitted decibel level dunng the following hours (i) 8 00 a m to 6 30 p m on Monday, Tuesday, Wednesday, Thursday and Friday (f) Idling of Engines The idling of any internal combustion engine in excess of the permitted decibel level a If conducted dunng the following permitted hours (1) 7 00 am to 7 00 pm on Monday, Tuesday, Wednesday, Thursday and Fnday, (n) 8 00 am to 7 00 p m on Saturday, Sunday and Holidays, or a After 7 00 p m and until 11 p m dunng the loading and unloading of items from a refrigerated vehicle for a penod of less than fifteen (15) minutes, or b At anytime outside the permitted hours during the loading and unloading of passengers from a vehicle for a penod of less than fifteen (15) minutes (g) Testing of Generators The creation of noise in excess of the permitted decibel level in connection with the routine testing of a generator for a penod not to exceed fifteen (15) minutes dunng the following hours (i) 12 00 p m to 3 00 p m , on Monday, Tuesday, Wednesday, Thursday and Fnday = Page 7of11 Sec 17-4 Exemptions The terms and prohibitions of this chapter shall not be applied to or enforced against (1) Any Motor Vehicle, Motorboat or other Vessel or vehicle of the Village, the County, the State or licensed public utility vehicle within the Village while engaged in necessary public business (2) Excavation or repairs of bndges, streets, highways, street lights or utilities, by or on behalf of the Village, the County, or the State, or performance of such work dunng the night if the public welfare and convenience renders it impossible to perform such work dunng the day (3) The Construction of public improvement projects of the Village, including, but not limited to, beach renounshment projects, but solely to the extent authonzed by and subject to the conditions set by resolution of the Village Council, as adopted after a public heanng Any violation of the conditions of the resolution shall cause a waiver of the exemption and shall constitute a violation of this chapter (4) The Construction of public school improvements as a project of the School Board of Miami -Dade County, Flonda (the "School Board"), including, but not limited to, the improvement of existing schools or construction of new schools, but solely to the extent authorized by and subject to the conditions set by resolution of the Village Council, as adopted after a public heanng Any violation of the conditions of the resolution shall cause a waiver of the exemption and shall constitute a violation of this chapter (5) A reasonable use of amplifiers or loudspeakers in the course of public addresses or gathenngs which are noncommercial in character (6) Holiday celebrations held on July 4 and December 31 to January 1, except that this exemption shall not apply and an authonzed Village employee may enforce the provisions of Section 17-7 if the celebration is injunous to human health or welfare Holiday celebrations held on Holidays other than July 4, and December 31 to January 1, shall also be exempt, but solely to the extent authonzed by and subject to the conditions set by resolution of the Village Council, as adopted after a public heanng (a) If conducted for social, noncommercial purposes at pnvate residences or within common areas of multifamily properties, and/or (b) If conducted at restaurants or hotels Any violation of the conditions of the resolution shall cause a waiver of the exemption and shall constitute a violation of this chapter (7) Noise produced from lawful governmental activities at parcels located in GU or PROS zoning distncts Page 8 of 11 (8) Any audible warning signals or sounds created, emanated or generated by any vehicle, mechanical or electncal devise, the operation of which is mandated by any federal, state, or local law (9) Any noise generated for the purpose of alerting persons to the existence of an Emergency, or any noise generated dunng or in preparation for an Emergency, to prevent imminent harm to life or property, so long as it is the minimal amount of noise necessary to address the Emergency, and the owner, tenant, or authonzed representative of the applicable property provides advance notice to the Village Police Department pnor to the commencement of such noise generation (10) Any Noise Disturbance or noise exceeding the limitations in Section 17-3 which exists for a period of less than one continuous minute shall not constitute a violation of this chapter unless such noise is purposely interrupted, before again resuming, in an effort to circumvent the prohibitions of this chapter (11) Any incidental display of fireworks as part of a permissible activity or event on properties within the Hotel Resort (HR), Planned Unit Development (PUD), or Private Club (PC) zoning distncts, so long as the total amount of time of the display does not exceed two (2) minutes (12) Any indoor or outdoor activity, event, gathenng, party, or other attended entertainment or celebration which will likely create a Noise Disturbance under Section 17-2 or constitute a violation under Section 17-3 may be permitted upon the prior approval of the Village in accordance with the procedures set forth in Section 17-5 Sec 17-5 Permits for Special Events The following provisions set forth the procedures for obtaining approvals pursuant to subsections 17-4(12), and 30-102(e) of the Village Code Upon wntten application to the Village, submitted a minimum of twenty (20) days pnor to the proposed activity or event, the prohibitions or hour restnctions contained herein may be modified subject to such conditions as the Village may impose Permit applications for activities or events located within the Hotel Resort (HR), Planned Unit Development (PUD), or Pnvate Club (PC) zoning distracts which will likely constitute a violation pursuant to Section 17-3 shall be reviewed and may be approved by the Village Council at a public hearing All other permit applications shall be reviewed and may be approved by the Village Manager The decision of the Village shall be final and not subject to appeal (1) Permit application information Except as provided herein, the permit applicant shall be the owner or the tenant of the property where the activity or event shall take place The permit applicant for activities or events held on the public beach shall be the owner or tenant of the adjacent property Tenant applicants shall submit wntten consent of the property owner with their application The application for a permit under this section shall contain the following information Page 9of11 (a) The name, date of birth, address, and telephone number of the person who will be in charge of the activity or event for which a permit is requested, (b) The name of the person or entity seeking the permit, (c) The exact date and time for which the permit is sought, (d) The exact location of the activity or event for which a permit is requested, and (e) A descnption of the activity or event for which a permit is requested (2) Permit contents, time restnctions Permits issued under this section shall specify the date and time dunng which the activity or event authonzed by permit may be conducted No permit shall be issued which encompasses more than one calendar day, or a span of hours in excess of eight hours (3) Procedures for administrative permits The Village Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits (4) Cntena for permit issuance, posting of bond Issuance of a permit under this section shall be based on a determination by the Village that the activity or event for which a permit is requested does not constitute a threat to public safety or constitute a danger or impediment to the normal flow of traffic The Village may require that a bond be posted in an amount sufficient to secure full compliance with the terms and conditions of the permit and to secure the costs of cleanup, repair or replacement of damage or destruction of property, in an amount not to exceed $5,000 00, and shall be subject to forfeiture for purposes of paying any such costs (5) Persons designated as being in charge to be present The person designated in the permit application required in this section as being the person in charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit It shall be unlawful and a violation of this section for said designated person in charge to fail to remain in attendance at the location of the activity or event authonzed by the permit for the entire time specified in the permit (6) Conditions on Special Event Permits The Village shall impose conditions on the issuance of special event permits necessary or appropnate to protect the life, safety and welfare of the Village residents, including but not limited to, hours of the special event (7) Denial The Village is hereby authonzed to deny a special event permit where the applicant has been issued more than two (2) citations or civil violation notices pursuant to Section 17-7 of this chapter dunng the preceding twelve (12) month period or where more than two (2) citations or civil violation notices were issued for activities located upon applicant's property dunng the preceding twelve (12) month penod Page 10 of 11 (8) Application fees and delinquency penalty A permit application fee, as established by Resolution of the Village Council, shall be due and payable at the time of the application Those applications not timely filed shall be considered delinquent and subject to a delinquency penalty as established by Resolution of the Village Council Sec 17-6 Enforcement This chapter shall be enforced by the Village Police Department or any other official of the Village authorized to enforce this chapter Sec 17-7 Penalties (a) Generally Any authorized Village employee who finds a violation of this chapter, shall issue a verbal warning to the violator requiring immediate correction of the violation If the violation is not corrected immediately by the violator after issuance of the verbal warning, or the violation recurs within a 12 -month penod the authorized Village employee shall issue a citation or civil violation notice to the violator requiring immediate correction of the violation, and shall impose a fine in the amount of $150 00 for which the violator shall be liable If the violation is not corrected immediately by the violator after issuance of the citation or civil violation notice, or the violation recurs within a 12 -month penod, the authonzed Village employee shall issue a second citation or civil violation notice and shall impose an additional fine in the amount of $500 00 In the event that the violation continues after issuance of the second citation or civil violation notice to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest by a Village police officer pursuant to State law or additional fines of $500 00 (b) Additional notice requirements for violations of Section 17-2(7) For citations or civil violation notices issued under Section 17-2(7), Construction, if the violator is not the property owner or the property owner's authonzed representative, a copy of each citation or civil violation notice shall be provided to the property owner or the property owner's authonzed representative If the violation is caused by a subcontractor involved in Construction, a copy of the citation or civil violation notice shall also be provided to the general contractor of the work Further, the general contractor and subcontractor shall be cited and be responsible for a violation of Section 17-2(7) (c) Repeat violations Repeat violations of Section 17-2 or Section 17-3 of this chapter shall be subject to enhanced fines as authonzed for repeat violations by F S 162 09(2)(a) (d) Violations of Section 17-2(19) Violations of Section 17-2(19) concerning False Burglar Alarms are subject to the penalties set forth in Section 17-8 Section 4, Severability That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any Page 11 of 11 reason be held to 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 5 Inclusion in the Code That 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 the Village of Key Biscayne, 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 appropnate word Section 6 Effective Date That this Ordinance shall be effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 26th day of Apnl , 2005 PASSED AND ADOPTED on second reading this 22nd day of November , 2005 A, cd4A,A, (____L, MAYOR ROBERT OLDAKOWSKI ATTEST CONCHITA H ALVAREZ, CMC, VILLAG APPROVED AS TO FORM AND LEGAL SUF VILLAGE ATTO f Page 12 of 12 NOISE § 17 3 Sec 17-1 Prohibition It shall be unlawful for any person to make, continue or cause to be made or contmued any loud, excessive, unnecessary or unusual Noise Disturbance For purposes of this chapter, the word "Noise Disturbance" shall mean any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities (Ord No 93-16, § 1(1), 9-28-93, Ord No 97 7, § 1, 3 11 97) Sec 17 2 Definitions The followmg words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning Alarm .Any fire, burglary, motor vehicle, motorboat or civil defense alarm,, whistle or similar stationary emergency signaling device Construction Any site preparation, assembly, erection, substantial repair, alteration, demohtron or similar action, on pubhc or private rights of -way, structures, utthiaes or property Emergency Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demandmg immediate attention Holidays In addition to Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Columbus Day, Washington's Birthday (the third Monday in February), Martin Luther King, Jr Birthday (the third Monday m January), Thanksgiving Day, Christmas Day Leaf Blower Any device used, designed or operated to produce a current of air by fuel, electncity or other means to push, propel or blow lawn, tree or plant cuttings, refuse or debris ` Motor Vehicle A two or more wheel vehicle or machine, propelled or drawn by mechanical power, gas or diesel, and used on the pubhc roads and highways in the transportation of people or property Motorboat Any vessel which is propelled or powered by machm ery and which is used or capable of bemg used as a means of transportation on water Plainly Audible A noise which is unreasonably loud, raucous or jarring (Ord No 93-16, § 1(2), 9-28-93, Ord No 95 13, § 1, 1040-96, Ord No 98-1, § 1,127-98, Ord No 2000-15, § 1,12-6-00, Ord No 20011, § 1,123-01) Sec 17-3 Prohibited acts The followmg acts are declared to be a Noise Disturbance and constitute a violation of this chapter (a) .Excesstae noise Any noise which is hazardous to pubhc health welfare, safety or the quality of life within -the limits of the Village or of such character, intensity or duration which disturbs the pubhc peace and welfare Supp No 15 CD17 3 EXHIBIT "A" § 17-3 KEY BISCAYNE CODE (b) Horns, signaling devices, etc The soundmg of any horn or signaling device on any Motor Vehicle or Motorboat on any street or place m the Village, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for any unnecessary and unreasonable period of time Radios, televisions phonographs, musical instruments, etc The using, operatmg, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to cause Noise Disturbance so as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any tune with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto The operation of any such radio, television, phonograph, musical instrument or other machine or device (1) Before 7 00 a m on Monday, Tuesday, Wednesday, Thursday and Friday, (2) Before 8 00 a m on Saturday, Sunday and Holidays, (3) After 1100 p m on Sunday, Monday, Tuesday, Wednesday and Thursday, (4) After 12 00 p m on Friday, Saturday and Holidays, m such a manner as to be plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie evidence of a violation of this chapter (d) Animals, birds, etc The owning, possessing or harboring of any animal or bird which causes, before 7 00 a.m. or after 1100 p m , frequent or continued noise which is plainly audible at a distance of 100 feet from the building or structure in which the animal or bird is located (c) (e) Exhausts The discharge into the open air of the exhaust of any engme, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom (f) Construction The creation of a loud or excessive noise m connection with the conducting of Construction (1) Before 7 00 a.m on Monday, Tuesday, Wednesday Thursday and Friday, (2) After 6 30 p m on Monday, Tuesday, Wednesday, Thursday and Friday, (3) At any time on Saturday, Sunday and Holidays, except for Emergency work The prohibition of loud or excessive Construction noise on Saturdays as set forth in subparagraph (3) of this paragraph (f) shall not be applicable to Construction activities which are conducted between the hours of 8 00 a.m and 4 30 p m if authorized by a building permit (the ' Permit") or Development of Regional Impact Order (the "Order"), if such Permit or Order was issued before January 23, Supp No 15 CD17 4 NOISE § 17 3 2001 Notwithstanding the foregoing, the creation of loud or excessive noise in connection with the use and operation of heavy equipment for earth moving and compacting, concrete demolition or pile driving is prohibited at any tune on Saturdays If Emergency work IB to be performed, the owner of the property upon which such Emergency work is performed or the property owner's authorized representative shall notify the Village Police Department prior to the commencement of such Emergency work. (g) Firearms or explosives The use or firmg of any explosives, firearms or similar devices, except in an Emergency, or using or firing firecrackers, skyrockets or the like without the prior approval of the Village Manager (h) Loudspeaker or sound amplifier The using or operating of any loudspeaker, loud- speaker system, sound amplifier or other similar device (1) Before 7 00 a.m on Monday, Tuesday, Wednesday, Thursday and Friday; (2) Before 8 00 a m on Saturday, Sunday and Holidays, (3) After 1100 p.m on Sunday, Monday, Tuesday, Wednesday and Thursday, (4) After 12 00 p m on Friday, Saturday and Holidays, such that the sound therefrom is plainly audible at a distance of 100 feet from the building, structure, Motor Velucle or Motorboat m which it is located, provided, however that this 8115111 not apply to any public performance, gathering or parade for which a permit has been obtained from the Village Manager pursuant to section 17-4 (i) Loading or unloading The creation of a loud or excessive noise in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects (1) Before 7 00 a.m on Monday, Tuesday, Wednesday, Thursday and Friday; (2) Before 8 00 a m on Saturday, Sunday and Hohdays, (3) After700pm (j) Commercial maintenance equipment The use of commercial maintenance equipment which creates a loud or excessive noise in connection with the operation of said equipment within 100 feet of any residential area (1) Before 7 00 a m on Monday, Tuesday, Wednesday, Thursday and Friday, (2) Before 8 00 a m on Saturday Sunday and Holidays, (3) After 7 00 p m (k) Defect an Motor Vehicle or Motorboat The use of any Motor vehicle or Motorboat so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise (1) Hawkers/peddlers The shouting and crying of peddlers, hawkers, and vendors winch disturbs the peace and quiet of the neighborhood Supp No 16 CD17 5 I § 17 3 KEY BISCAYNE CODE (m) Schools, courts, hospitals, places of religious worship The creation of any excessive noise on any street or place adjacent to any school, court, hospital or place of religious worship, while the same are in use, which unreasonably interferes with the operation of such institution or which disturbs or unduly annoys the persons within such institutions (n) Aircraft The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the Village, for advertismg or other purposes (o) Open air concerts, musical broadcasts, etc The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) without first having obtamed a permit to do so as provided m section 17-4, except no permit shall be required of any person(s) in order to engage in such activity within the residential property wherein such persons) resides (p) Power tools and landscaping equipment The operation of noise -producing lawn mowers, lawn edgers, weed trimmers, chippers, Leaf Blowers, chain saws, power tools and other noise -producing tools which are used to maintain a residence or at a residence out of -doors before 8 00 a n1 or after 6 00 p m, on Monday, Tuesday, Wednesday, Thursday and Friday, or before 10 00 a in or after 6 00 p m on Saturday, Sunday and Holidays (q) Leaf Blowers After April 1, 2001, it shall be unlawful for any person within the Village to use or operate any portable Leaf Blower machine to blow leaves, dirt, and other lawn, plant or tree debris off or upon sidewalks, driveways, lawns, or other surfaces unless said machine has a stamp from the manufacturer or testing laboratory certifying a rating of no more than 65 decibels The purpose of this paragraph is to protect the pubhc health, safety and welfare by reducmg the amount of noise produced witivn the Village, and by mitigating the amount of airborne debris, dust and pollen (Ord No 93-16, § 1(3), 9-28-93, Ord No 95 13, § 2,10 10-95, Ord No 97-7, § 1, 3-11-97, Ord. No 200015, § 2, 12 5 00, Ord No 2001 1, § 1, 1-23 01) Sec 17-4 Permits for special events Upon written apphcation to the Village Manager or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this chapter, the prohibitions or hour restrictions contained herein may be modified subject to such conditions as the Village Manager may impose The decision of the Village Manager shall be final and not subject to appeal (a) Permit application information The application for a permit under this section shall contain the following information (1) The name, date of birth, address and telephone number of the person who will be in charge of the activity or event for which a permit is requested, Supp No 16 CD17 6 NOISE § 17-5 (2) The name of the person or entity seeking the permit, (3) The exact date and time for which the permit is sought, (4) The exact location of the activity or event for which a permit is requested, and (5) A description of the activity or event for which a permit is requested (b) Permit contents, time restrictions Permits issued under this section shall specify the date and time durmg which the activity or event authorized by permit may be conducted No permit shall be issued which encompasses more than one calendar day, or a span of hours m excess of eight hours (c) Procedures for adminzstrative permits The Village Manager is hereby authorized to promulgate reasonable rules and procedures for the apphcation, issuance and revoca- tion of such permits (d) Criteria for permit issuance, posting of bond Issuance of a permit under this section shall be based on a determination by the Village Manager or his or her designee that the activity or event for which a permit is requested does not constitute a threat to public safety; constitute a danger or impediment to the normal flow of traffic, or constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located. The Village Manager or his or her designee may require that a bond be posted in an amount sufficient to secure the costs of cleanup, repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any such costs (e) Persons designated as being in charge to be present The person designated in the permit application required m this section as being the person n charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit It shall be unlawful and a violation of this section for said designated person in charge to fail to remam m attendance at the location of the activity or event authorized by the permit for the entire time specified in the permit (Ord. No 93-16, § 1(4) 9-28-93, Ord No 97-7, § 1, 3-11-97) Sec 17 5 Exemptions The terms and prohibitions of this chapter shall not be apphed to or enforced against (a) Any Motor Vehicle, Motorboat or other vehicle of the "Village, the County, the State or licensed public utility vehicle within the Pillage while engaged in necessary public business (b) (1) Excavation or repairs of bridges, streets, highways, street fights or utihties, by or on behalf of the Village, the County, or the State, or performance of such work during the mght if the pubhc welfare and convenience renders it impossible to perform such work during the day (2) The construction of public improvement projects of the Village, including, but not limited to, beach renounshment projects, but solely to the extent authorized by Supp No 19 CD17 7 § 17 6Y BISCAYNE CODE and subject to the conditions set by resolution of the Village Council, as adopted after a public hearmg Any violation of the conditions of the resolution shall cause a waiver of the exemption and shall constitute a violation of this chapter (3) The construction of public school improvements as a project of the School Board of Miami -Dade County, Florida (the "School Board"), includmg, but not limited to, the improvement of existing schools or construction of new schools, but solely to the extent authorized by and subject to the conditions set by resolution of the Village Council, as adopted after a public hearmg Any violation of the conditions of the resolution shall cause a waiver of the exemption and shall constitute a violation of this chapter (c) A reasonable use of amplifiers or loudspeakers in the course of public addresses or gatherings which are noncommercial m character, noise generated in the course of a special activity or event which has obtained a permit pursuant to section 17-4, noise generated for the purpose of' alerting persons to the existence of an Emergency or noise generated in the performance of Emergency work (d) Holiday celebrations held on. July 4, December 31 to January 1, or other holidays, but solely to the extent authorized by and subject to the conditions set by resolution of the Village Council, as adopted after a public hearmg (1) If conducted for social, noncommercial purposes at private residences, and/or (2) If conducted at restaurants or hotels Any violation of the conditions of the resolution shall cause a waiver of the exemption and shall constitute a violation of this chapter (Ord No 93 16, § 1(5), 9 28-93, Ord No 2000-3, § 1, 3-14-00, Ord No 2000 10, § 1, 7-1100, Ord No 2004-7, § 2, 6-22 04) Sec 17 6 Enforcement This chapter shall be enforced by the Village Police Department or any other official of the Village authorized to enforce this chapter (Ord No 93-16, § 1(6), 9 28 93) Sec 17 7 Penalties (a) Generally A Village police officer who finds a violation of this chapter, shall issue a verbal warnmg to the violator requirmg immediate correction of the violation If the violation is not corrected immediately by the violator after issuance of the verbal warning, the police of8.cer shall issue a citation to the violator requiring immediate correction of the violation, and shall impose a fine m the amount of $160 00 for which the violator shall be ]able If the violation is not corrected immediately by the violator after issuance of the citation, the police officer shall issue a second citation and shall impose an additional fine in the amount of Supp No 19 CD17 8 NOISE § 17 7 $350 00 In the event that the violation contmues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest pursuant to State law (b) Additional notice requirements for violations of section 17 3(f% For citations issued under section 17-3(f), Construction, if the violator is not the property owner or the property owner's authorized representative, a copy of each citation shall be provided to the property owner or the property owner's authorized representative If the violation is caused by a subcontractor involved in Construction, a copy of the citation shall also be provided to the general contractor of the work Further, the general contractor and subcontractor shall be cited and be responsible for a violation of section 17-3(f) (c) Repeat violations Repeat violations of section 17-1 or section 17 3 of this chapter shall be subject to enhanced fines as authorized for repeat violations by FS § 162 09(2)(a) (Ord No 93-16, § 1(7), 9-28-93, Ord No 95-13, § 3,10-10 95, Ord No 97-7, § 1 3-11-97, Ord No 2001-1, § 1, 1 23-01) l Stapp No 19 CD17 9 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 OCTELMA V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 FOR NOV 22 2005 in the XXXX Court was published in said newspaper in the issues of 11/11/2005 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 secure g this advertisement �; blication in the said newsp , •er Sworn to and subscribed before me this 11 day of NOVEMBER A D 2005 • (SEAL) Cheryl H Ma er OCTELMA V FERBEYRE pi all 0wnrtitssruih D0338559 rin of Expires July 18 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Counal of the Village of Key Biscayne at a meeting to be he$d on Tuesday November 22 2005 at 700 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Ronda API ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING CHAPTER 30 'ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA BY AMENDING DEFINITIONS, AMENDING PERMITTED AND CONDITIONAL USES AMENDING DEVELOP MENT REGULATIONS INCLUDING BUT NOT LIMITED TO HEIGHT, SETBACK AND FLOOR AREA RATIO RECHAREMENTS; AMEND1iNG PERFORMANCE STANDARDS AMENDING SUPPLEMENTAL REG- ULATIONS PERTAINING TO ALCOHOLIC BEVERAGES AMENDING OFF-STREET PARKING REQUIREMENTS- AMENDING NOW RESIDENTIAL D, STRICT SIGN E 1IS PROVIDING FOR SEVEpA 1Jr C, PROVIDING FO lit. IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF key BISCAYNE FLORIDA BY AMENDING CHAPTER 23 "RETIREMENT' AT SECnot4"23 "COP1TRIBUTIONS" TO SET THE EMPLOYEE -CONTRIBUTION RATE AT 10 5% PROVIDING THAT THIS ORDINANCE SHALL SUPERCEDE EMERGENCY ORDINANCE NO 2005-15 PROVIDING FOR SEVERABILITY PRO- VIDING FOR INCLUSION IN THE CODE AND PROVIDING AN EFFECTIVE DATE The proposed Ordinances may be inspected by the public of the Office of the Village Clerk Interested parfies may appear of the Public Heanng and be heard with respect to theproposed Ordinances Any person wishing to address the Village Council on any item at this Public Heanng 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 disabilityshoutd contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Ronda 33149 telephone number (305) 365 5506 not later than two business days pnor 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 and or presented in person at the public hearing 11/11 Conchita H Alvarez CMC Village Clerk 05-4-07/605726M ORDINANCE NO 2005-17 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA BY AMENDING CHAPTER 23 "RETIREMENT" AT SECTION 23-35 "CONTRIBUTIONS" TO SET THE EMPLOYEE CONTRIBUTION RATE AT 10 5%, PROVIDING THAT THIS ORDINANCE SHALL SUPERSEDE EMERGENCY ORDINANCE NO 2005-15, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida, Division of Retirement has advised the Village of Key Biscayne ("Village") that in order to continue to qualify for receipt of premium tax money from the State it is necessary to amend its Police Officers and Firefighters Retirement Plan ("Plan") to set the employee's contnbution rate at 10 5 percent, and WHEREAS, the Village Council finds that it is in the best interest of the Village and its employees to amend the Plan NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2 Village Code Amended Section 23-35 "Contnbutions" of Chapter 23 "Retirement" of the Village Code is hereby amended to read as follows ' Sec 23-25 Contributions (a) Member contnbutions (1) Amount Effective October 1, 2000, each Member of the System shall be required to make regular contnbutions to the Fund in the amount of 10 5 1 / Proposed additions to the existing Village Code text are indicated by underline, proposed deletions from the existing Village Code text are indicated by strtkethrough percent of the Member's Salary Front the-Effeettve-Bat-e-throngirSeptember be less than eight percent of Salary Each year after September 30, 2000 in which the Member contnbution rate is eight percent of Salary and the total of such rate plus the State contnbution exceeds the total cost for the year (as shown by the most recent actuarial valuation of the System) such excess shall be contnbuted to the Share Plan Member contnbutions withheld by the Village on behalf of the Member shall be deposited with the Board at least monthly The contnbutions made by each Member to the Fund shall be designated as employer contributions pursuant to § 414(h) of the Code Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes For all other purposes of the System, such contributions shall be considered to be Member contributions (2) Method Such contributions shall be made by payroll deduction (b) State contributions Any monies received or receivable by reason of laws of the State of Flonda, for the express purpose of funding and paying for retirement benefits for Police Officer or Firefighters of the Village shall be deposited in the Fund compnsing part of this System immediately and under no circumstances more than five days after receipt by the Village (c) Village contnbutions So long as this System is in effect, the Village shall make contnbutions to the Fund in an amount equal to the difference in each year between the total aggregate Member contnbutions for the year, plus State contnbutions for such year that are not contnbuted to the Share Plan, and the total cost for the year, as shown by the most recent actuanal valuation of the System The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability in accordance with the requirements of FSch112 (d) Other Pnvate donations, gifts and contnbutions shall be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis Funds arising from these sources shall be used to reduce Member contnbutions Section 3 Supersede Emergency Ordinance No. 2005-15. This Ordinance shall supersede Emergency Ordinance No 2005-15 adopted on second reading on September 27, 2005 Section 4 Severabilrty 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 5 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, Flonda, 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 6. Effective Date. This Ordinance shall take effect retroactive to October 1, 2000, upon passage by the Village Council on second reading PASSED AND ADOPTED on first reading this 8`h day of November, 2005 PASSED AND ADOPTED on second reading this 22nd day of November, 2005 Accd44.4 L---, id/a,ev NCHITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFIC VILLAGE A TO MAYOR ROBERT OLDAKOWSKI 3 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCE 8/30/2005 ORDINANCE AMENDING CHAPTER 23 RETIREMENT ETC in the XXXX Court was published in said newspaper in the issues of 08/25/2005 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 r- to co or refund for the purpose of securing t ad a ent f• publication in the said newspape Sworn to and subscribed before me this (SEAL) O V FERBEYRE personally known tc�,ari Mana 1 Mesa �P My Commission DD293855 14,01, M1df Exp.ires March 04 2008 VILLAGE OF KEY BISCAYNE OFFICE OF TIRE VILLAGE CLERK PUBLIC NOME The Village of Key Biscayne proposes to adopt the following Ordinance AN ORDINANCE AMENDING THE CAE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA BY AMENDING CHAPTER 23 "RETIREMENT" AT SElQ4 "CCNITIBO S" TO SEA THE EMPLOYEE CON` RI! / -am At 14,5%,. PROVIDING FOR INCLUSION IN CODE, PR 1G FOR SEURAIBUTY, AND PRO- VIDING AN EFFECTIVE DAM Public Hearing on the first rearing of this proposed Ordnance has been scheduled by the Village Couned tor Tuesday August 30 2005 at 700 pm in the Village Council Chanter 560 Crandon B®lulevard Key Bi Wayne Ronda and the Public 1-kuu rteri the second reading of this Ordi mince has been scheduled by the Viiaige Council for Tuesday Septem- ber 6 2005 at 700 pm in the Count% Chamber 560 Crandon Boulevard Key Biscayne Honda The proposed Ordnance may be mspeo edbrthe public at the OBce of the Village Clerk Interested pettiest/fay appelwreitthe Public Heanng and be heard with respect to the prbposedlOrdnance My person wishing to address the Village Council on any item at this Public Heanng is asked to register with the Village Clerk pnor to that -Item bekig heard In accordance with the Americans Vi i Ditabilliie Act of 1990 all per sons who are disabled and who need special accommodations to partici pate in this proceeding because of that disability the Office of the Village Clerk, 88 West McIntyre Street Smite 220 Key Biscayne Honda 33149 telephone number (305) 365-5506 not later than two busi ness 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 wnttng and or presented in person at the publicheanng 8/25 Conchita H Alvarez CMC Village Clerk 05 4 28/578830M 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 OCTELMA V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 FOR NOV 22 2005 in the XXXX Court was published in said newspaper in the issues of 11/11/2005 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 secure g this advertisement blication in the said newsp •er Sworn to and subscribed before me this 11 day of NOVEMBER A D 2005 (SEAL) Puit, Cheryl H Armen OCTELMA V FERBEYRE pe aifyAltyiOtarnrtas€real DD33855t� ‘06, Expires July 18 2008 VILLAGE OfKBISCit"11 OFFICE OF THE VILLAGE CLERK POJW Notice is hereby given that the foijdbcong Second Reading by the Village Co meeting to be held on Tue§ Council Chamber Iocaafed Flonda AN ORDINANCE QF THE 1/a. AMENDING CHAPTER 30 a OF KEY BISCAYNE FLORIDA BY AME D G DEFIN 5,111 ENDING PERMITTED AND CONDITIONAL USES, AMENDING -DEVELOP MENT REGULATIONS INCLUDING , IJT NOT LIIM $HEK HT, SETBACK AND FLOOR AREA RATIO "REQ i1 EM' PERFORMANCE STANDARDS, AI ENDIN SU ULATIONS PERTAINING TO ALCO ;., 1� OFF-STREET PARKING RESIDENTIAL ICT I SE1�ERABl , PwvlbIi PROVIDINIG R AN EFFE AN ORDINANCE AMENDING RDIi ANCES OF THE VILLAGE OF K BSSCAVN IIIG CHAPTER 23 "RETIREMENT Ai- -0E0 ciNoh TO SET THE -EMPLOYEE NTni-B- TjO TO 5%, PROVIDING THAT THIS ORDINANCE SHALL SUPERCEDE a¢ EMERGENCY ORDINANCE NO 2005-15 PROVIbING FbR S'VVEER$I . ITY PRO- VIDING FOR INGLUSfON IN THE`'CGDk, ANC' PROVIDING AN EFFECTIVE DATE The proposed Ordinances m4y be inspected by the public at the Office of the Village Clerk interested parties may appear of the Public Heanng and be heard with respect to the proposed Ordinances Any person wishing to address the Village Council on anyatem et thisPublic Heanng is asked to register with the Village Clerk pnor to thatitdm being heard aces will be c*sidered illage of apiiscayne at a t Opm int y Biscayn YNE, f.LORIDA, REG IO NON V (ONG FO1 THE CODE, AN In accordance with the Amencans 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 StreetSuite 220 Key Biscayne Flonda 33149 telephone number (305) 365 5506 not later than two business days pnor 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 averbatim 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 wnting and or presented in person at thepublic heanng Conchita H Alvarez CMC Village Clerk 11/11 05-4 07/605726M ORDINANCE NO 2005-16 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING CHAPTER 9 "EMERGENCY MANAGEMENT" TO PROVIDE NECESSARY AND APPROPRIATE EMERGENCY MANAGEMENT AUTHORIZATIONS, RESPONSIBILITIES AND PROCEDURES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR PENALTY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is necessary for the Village Council to provide specific procedures applicable to emergency management and to delegate necessary authonty to the Village Manager, as provided herein, and WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best interest of the health, safety and welfare of the residents of the Village NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Village Code Amended That the Village Code of the Village of Key Biscayne, Flonda, is hereby amended by creating Chapter 9 "Emergency Management" to read as follows 1 CHAPTER 9 EMERGENCY MANAGEMENT Sec. 9-400. Definitions. As used in this Chapter 1/ Proposed deletions from existing Village Code text are indicated by strticeihrough, proposed additions to existing Village Code text are indicated by underline Average Retail Price shall mean the pnce at retail for merchandise, goods or services at which similar merchandise, goods or services were being sold immediately preceding a declaration of public emergency, Village Manager shall mean the Village Manager of the Village of Key Biscayne or her designee Emergency shall mean a condition which threatens or adversely affects the public health, safety, general welfare or security and which is or threatens to be beyond the control of those public and pnvate agencies normally responsible for the management of such a condition, resulting from an act or imminent threatened act of war, noLterronsm, mob or other acts of violence, from conflagration, explosion, hazardous materials incident or release, from a weather event such as a flood, hurricane or tornado, from a disruption in the Village's utility, or other utility system, or from any other cause, reason, condition or circumstance Sec 9-401 Applicability of provisions All officers, employees. contractors, subcontractors, vendors, boards and other agencies of the Village are subject to the provisions of this Chapter Sec 9-402 Emergency management structure (a) The Village Manager shall perform the functions of Director of Emergency Management and shall implement. manage and report on all actions authorized and taken under the provisions of this Chapter (b) The Village Manager or the Village Manager's designee shall plan for the coordination of those actions necessary for the creation and maintenance of an effective emergency response capability to prepare for and manage emergency conditions Sec 9-403 Powers, duties and responsibilities The Village Manager, when acting as the Director of Emergency Management, shall have the following powers, duties and responsibilities. (1) To declare a state of emergency pursuant to section 9-404 and to inform the Mayor and the Village Council of the reasons for and status of events requinng the declaration (2) To direct the creation, revision and the exercise of emergency response plans consistent with State and County emergency plans for the mitigation of, preparation for, response to. and recovery from emergencies, and to exercise all powers permitted by F S ch. 252 (3) To recommend funding to the Village Council for the creation and maintenance of an emergency response capability as provided in this Chapter 2 (4) To issue emergency regulations necessary for the protection of life and property, establishment of public order, and control of adverse conditions affecting public welfare resulting from an emergency (5) To plan for and develop an emergency operations control center to include equipment, manning, and operational procedures necessary to the management and control of emergency conditions (6) To develop and manage the Village's emergency awareness public information program (7) To apply for public assistance or other disaster relief funding. (8) To expend necessary Village funds for emergency relief and for disaster recovery from the Reserve Fund authorized by Section 25-3 of the Village Code The Village Council may, by resolution, establish procedures which apply to this paragraph (8) Sec. 9-404 Declaration of a state of emergency (a) The Village Manager shall have the sole authonty to declare a state of emergency hereunder (b) Any declaration of a state of emergency and all emergency regulations activated under the provisions of this Chapter and any emergency expenditures made hereunder pursuant to Section 9- 403(8) shall be confirmed by the Village Council by resolution no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the Village Council impossible Confirmation of the emergency declaration shall disclose the reasons for actions proposed and taken to manage the emergency, and other pertinent data relating to the emergency requinng the declaration (c) Emergency resolutions or orders authonzed by this article may include, but are not limited to, the following subjects (1) Evacuation, (2) Curfews, declaration of areas off limits, (3) Suspension or regulation of the sale of, or offer to sell, with or without consideration alcoholic beverages, ammunition, firearms, explosives, or combustibles, (4) Prohibiting the sale of merchandise, goods or services at more than the average retail pnces, (5) Water use restrictions, (6) Suspension of local building regulations, 3 (7) (8) Regulating the use of and rationing of fuel, ice and other essentials, Emergency procurement procedures (d) A declaration of a state of emergency shall activate the emergency plans applicable to the Village A declaration of a state of emergency shall automatically invoke the emergency measures listed in F.S § 870.044, if the emergency relates to overt acts of violence or the imminent threat of such violence (e) A state of emergency, when declared, shall continue in effect from day to day until declared to be terminated by the Village Manager or Village Council, in accordance with Section 9-405. (f) Upon the declaration of a state of emergency, the Village Manager shall post a wntten notice of such declaration upon the main bulletin board in Village Hall, and shall, as promptly as practicable, file in the office of the Village Clerk a notice of a declared state of emergency, or emergency measure declared or ordered and promulgated by virtue of Florida Statutes The Village Manager shall notify the local media and residents as soon as possible and in the manner most practicable and expeditious (g) The Village Manager may issue orders pursuant to this Chapter and may elect to adopt orders issued by County or State emergency management agencies Sec 9-405 Termination of a state of emergency A state of emergency shall be terminated by a vote of the Village Council if practicable or upon the certification of the Village Manager that the conditions leading to or causing the emergency no longer exist and the Village's agencies and departments are able to manage the situation without extraordinary assistance, provided, that a state of emergency established under F.S. §§ 870 041-- 870 046 shall terminate at the end of a penod of 72 consecutive hours after the declaration of the emergency, unless. prior to the end of the 72 -hour penod, the Village Manager or the Village Council has terminated such state of emergency Any extension of the 72 -hour time by the Village Manager must be confirmed by the Village Council by resolution at the next regular meeting, unless the nature of the emergency renders a meeting of the Village Council impossible. Notice of termination of the emergency declaration shall be made to the public by the Village Manager by the same means as the notice of the declaration of the state of emergency Sec 9-406, Police emergencies (a) An emergency may be declared because of civil unrest or imminent threat to public peace or order when the Chief of Police, or if unavailable. the next highest ranking officer in the Police Department chain of command certifies to the Village Manager that an emergency condition ansing from hostile actions of others, armed or unarmed or other imminent threat to public peace or order, requires extraordinary measures for control, including, but not limited to curfew, blockade, proscription of the sale of firearms, other weapons or alcohol beverages, explosives and 4 combustibles, evacuation, and other similar actions The Village Manager may issue a declaration of a state of emergency in accordance with Section 9-404 (b) The declaration of a state of emergency because of civil unrest or imminent threat to public peace or order, shall authorize the issuance of emergency resolutions or orders and other appropnate resolutions or orders, as may be required and may, if applicable, require automatic emergency measures pursuant to F.S § 870.044. In addition, additional discretionary emergency measures pursuant to F.S § 870.045 may be issued Sec. 9-407. Fire and hazardous materials emergencies. (a) An emergency may be declared because of fire or a hazardous matenals incident emergency when the Fire Chief or the designee of the Fire Chief certifies to the Village Manager that an actual or potential condition arising from fire, explosion, chemical spill or release, building or bndge collapse, or plane. train or other vehicle accident. requires extraordinary measures for control, including, but not limited to calling out of off -duty and reserve personnel, assistance by outside agencies, evacuation, and other similar actions. The Village Manager may issue a declaration of a state of emergency in accordance with Section 9-404 (b) The declaration of state of emergency because of fire and hazardous matenal emergency shall authorize the issuance of emergency resolutions or orders and other appropriate resolutions or orders, as may be required Sec. 9-408 Utility emergencies (a) An emergency may be declared because of utility conditions when the Public Works Director or the designee of the Public Works Director or the Chief Operating Officer or the designee of the Chief Operating Officer of the relevant county or public utility certifies to the Village Manager that. (1) A condition exists or is imminent that endangers the safety, potability, quantity, availability, collection, conveyance, transmission, distnbution, treatment, or storage of water or waste water through or within the water or waste water utility system serving the Village, or (2) A condition exists or is imminent that endangers the safety. quality, quantity, availability, transmission, distnbution, or storage of gas or electncity through or within the Village area of the electrical or gas utility system(s), and (3) Extraordinary actions to control and correct the situation are required, including, but not limited to emergency purchase, call -in of off -duty personnel, assistance by other communities and agencies, and other similar actions. (b) The declaration of a state of emergency because of utility conditions shall authonze the issuance of emergency resolutions or orders, and other appropnate resolutions or orders, as may be required. 5 Sec 9-409. Weather emergencies (a) An emergency may be declared because of weather conditions when the national weather service or a State, County or local emergency management agency informs the Village or the public that emergency conditions resulting from meteorological conditions are present or imminent Meteorological conditions covered by this section shall include, but are not limited to hurricane, floods, tornados, or other severe weather conditions and the results therefrom The Village Manager may issue a declaration of a state of emergency in accordance with Section 9-404 (b) The declaration of a state of emergency because of weather conditions shall authonze the issuance of emergency resolutions or orders and other appropnate resolutions or orders, as may be required Sec 9-410 Suspension of local building regulations The Village Manager may authonze a suspension of local building regulations dunng and following a declared state of emergency when the Chief Building Official certifies to the Village Manager that such action is necessary for the expeditious restoration of property damaged by the emergency event, unless terminated by the Village Council Such suspension of building regulations may be applied on a case -by -case basis as required to remedy specific conditions and to facilitate the provision of emergency housing to disaster victims The Chief Building Official shall specify the provisions of the building code to be suspended and the reasons therefore, when certifying the necessity of such suspension to the Village Manager Sec 9-411 Certification of emergency conditions A certification of emergency conditions to the Village Manager may be verbal, but each verbal certification shall be confirmed in wnting within 24 hours following an emergency declaration Sec 9-412. Penalty Any person, firm or corporation who violates any provision of this Chapter or orders issued hereunder, for which another penalty is not specifically provided herein or required by law shall, upon conviction. be subject to such fine or impnsonment or both as provided by section 1-14 of the Village Code. Each day that a violation shall continue to exist shall constitute a separate offense Section 3 Severability. That 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 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 6 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 4. Inclusion in the Code. That 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 the Village of Key Biscayne, 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 5 Effective Date That this Ordinance shall be effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 6th day of September, 2005 PASSED AND ADOPTED on second reading this 11th day of October, 2005 ///o6a4A, 4 (. -,, MAYOR ROBERT OLDAKOWSKI i:"4,/,-, CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS T 1 F • RM AND LEGAL SUFFICI VILLAGE A 0 F \100\103001\ordinances\Emergency Management Article IX doc 7 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCE CREATING CHAPTER 9 EMERGENCY MANAGEMENT ETC 10/11/2005 in the XXXX Court was published in said newspaper in the issues of 09/29/2005 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 a ertisemeQ$,ferjplication in the said newspaper Sworn to and subscribed before me this 29 SEPTEMBE (SEAL) 0 V FERBEYRE personally know D 2005 Maria 1 Mesa My Commission D0293855 Expires March 04 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on SecondReading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday October 11- 2005 at 7 00 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING THE VILLAGE CODE BY CREATING CHAPTER 9 EMERGENCY MANAGEMENT" TO PROVIDE NECISSARY AND AP PROPRIATE EMERGENCY MANAGEMENT AUTHORIZATIONS RE SPONSIBILITIES AND PROCEDURES PROVIDING FOR SEVERA BILITY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR PENALTY 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 Pubhc Heanng 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 Clerkpnor to that item being heard In accordance with the Amencans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to par ticipate in this proceeding because of that disability should contact the Of face of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Flonda 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 wnting and or presented in person at the public heanng Conchita H Alvarez CMC Village Clerk 9/29 05-4 04/590317M EMERGENCY ORDINANCE NO 2005-15 AN EMERGENCY ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA BY AMENDING CHAPTER 23 "RETIREMENT" AT SECTION 23-35 "CONTRIBUTIONS" TO SET THE EMPLOYEE CONTRIBUTION RATE AT 10 5%, PROVIDING FOR DESCRIPTION OF THE EMERGENCY, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Flonda, Division of Retirement has advised the Village of Key Biscayne ("Village") that in order to continue to qualify for receipt of premium tax money from the State it is necessary to amend its Police Officers and Firefighters Retirement Plan ("Plan") to set the employee's contribution rate at 10 5 percent, and WHEREAS, the Village Council finds that an emergency exists in that the Division of Retirement will withhold the Village's premium tax money if the amendment is not adopted by September 30, 2005, and WHEREAS, the Village Council desires to continue to receive the premium tax money from the State of Flonda to fund the Plan, and WHEREAS, the Village Council finds that it is in the best interest of the Village and its employees to amend the Plan NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Village Code Amended. Section 23-35 "Contnbutions" of Chapter 23 "Retirement" of the Village Code is hereby amended to read as follows ' Sec 23-25 Contributions (a) Member contnbutions (1) Amount Effective October 1, 2000. each Member of the System shall be required to make regular contnbutions to the Fund in the amount of 10 5 percent of the Member's Salary 307-20007-eacir Member -of the--SYstenr-shall---be-reqtnrecFtcrinalce-Tegttiar shall be adjustcd each year thereafter to an amount cqual to the total cost for Each year after September 30, 2000 in which the Member contnbution rate is eight percent of Salary and the total of such rate plus the State contnbution exceeds the total cost for the year (as shown by the most recent actuarial valuation of the System) such excess shall be contnbuted to the Share Plan Member contnbutions withheld by the Village on behalf of the Member shall be deposited with the Board at least monthly The contnbutions made by each Member to the Fund shall be designated as employer contnbutions pursuant to § 414(h) of the Code Such designation is contingent upon the contnbutions being excluded from the Members' gross income for Federal Income Tax purposes For all other purposes of the System, such contnbutions shall be considered to be Member contnbutions (2) Method Such contnbutions shall be made by payroll deduction (b) State contributions Any monies received or receivable by reason of laws of the State of Flonda, for the express purpose of funding and paying for retirement benefits for Police Officer or Firefighters of the Village shall be deposited in the Fund compnsing part of this System immediately and under no circumstances more than five days after receipt by the Village (c) Village contnbutions So long as this System is in effect, the Village shall make contnbutions to the Fund in an amount equal to the difference in each year between the total aggregate Member contributions for the year, plus State contnbutions for such year that are not contributed to the Share Plan, and the total cost for the year, as 1 / Proposed additions to the existing Village Code text are indicated by underline, proposed deletions from the existing Village Code text are indicated by strtkethrough shown by the most recent actuanal valuation of the System The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability in accordance with the requirements of FSch112 (d) Other Private donations, gifts and contnbutions shall be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis Funds ansing from these sources shall be used to reduce Member contnbutions Section 3. Description of Emergency The Village Council finds that an emergency exists in that the Division of Retirement will withhold the Village's premium tax money if the amendment is not adopted by September 30, 2005 Section 4 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 5 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, Flonda, 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 appropnate word Section 6 Effective Date This Ordinance shall take effect retroactive to October 1, 2000, upon passage by the Village Council on emergency reading PASSED AND ADOPTED on emergency reading this 27`'' day of September, 2005 3 , ,,o(dr,th MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE 4 The Village of Key Biscayne Adopted Budgets Fiscal Year 2005 - 2006 The Village of Key Biscayne Adopted Budgets Fiscal Year 2005 - 2006 Table of Contents Fund Page General Fund Consolidated 1 Revenues 2-3 Village Council 4 Administration 5 Village Clerk 6 Village Attorney 7 Non Departmental 8 Debt Service 9 Public Works 10 Building, Zoning & Planning 11 Police 12 Fire/EMS 13 Parks and Recreation 14 Special Revenue Fund 15 Capital Improvement Fund (and insert) 16 Stormwater Enterprise Fund 17 Solid Waste Enterprise Fund 18 Consolidated Budget General Fund Revenues Ad Valorem Taxes Franchise Fees Utility Taxes State Shared Revenues Licenses & Permits Charges for Services Other Revenue Grants & Donations Total Revenues Expenditures Administrative and Legal Police and Fire Building Zoning & Planning Public Works Debt Service Parks and Recreation Total Expenditures Excess (deficiency) of revenues over expenditures Other Financing Sources (Uses) Operating Transfers In Operating Transfers Out Working Capital Reserve Total Other Financing Sources (Uses) Excess (deficiency) of Revenues and Other Financing Sources Over Expenditures & Other Financing Uses Residual Equity Transfers Fund Balance Beginning of Year Budget Actual Adopted Actual to Projected FY 2004 FY 2004 FY 2005 7/31/2006 9/30/2005 $12 541 880 $12 770 711 $13 275 736 $13 246 199 $13 275 737 $611 000 $677 203 $688 600 $0 $702 000 $2 210 300 $2 219 118 $2 122 500 $1 551 187 $2 085 653 $981 500 $1 031 805 $997 500 $815 179 $1 095 963 $957 358 $961 100 $964 922 $939 993 $997 186 $249 262 $325 991 $1 048 245 $1 304 675 $1 352 522 $75 000 $90 294 $58 000 $195 050 $200 000 $7 500 $0 $7 500 $4 906 $4 906 Proposed FY 2006 $14 175 547 $700 000 $2 243 050 $882 500 $919 945 $1 454 596 $225 000 $7 500 % Change 7% 2% 6% 12°/ 5% 39% 288°/ 0% $17 633 800 $18 076 222 $19 163 003 $18 057 189 $19 713 967 $20 608 138 8% $2 037 662 $1 712 899 $2 132 482 $1 613 070 $1 947 803 $2 286 791 $8 077 886 $8 572 846 $8 526 659 $7 229 077 $8 628 336 $9 156 011 $1 303 812 $1 212 290 $1 322 119 $943 148 $1 277 997 $1 416 330 $1 053 694 $1 098 321 $1 252 245 $941 791 $1 169 057 $1 361 663 $3 146 147 $2 719 756 $2 579 791 $2 539 243 $2 579 791 $2 701 730 $1 086 961 $952 231 $2 017 669 $1 583 370 $2 050 904 $2 468 161 7% 70/ 7% 9°/ 5°/ 22% $16 706 162 $16 268 340 $17 830 965 $14 849 698 $17 653 888 $19 390 686 90/ $927 638 $1 807 883 $1 332 038 $3 207 491 $2 060 079 $1 217 452 90/ $0 $954 787 $0 $330 $948 389 $126 058 $0 $1 050 000 $282 038 $0 $1 050 000 $282 038 $0 $1 050 000 $282 038 $0 $1 217 452 $0 N/A 6% N/A ($954 787) ($1 074 117) ($1 332 038) ($1 332 038) ($1 332 038) ($1 217 452) ($27 149) $733 766 ($0) $1 875 453 $728 041 ($0) $0 $0 $0 $0 $0 $0 9% 17% N/A $3 433 000 $3 930 708 $4 664 474 $4 664 474 $4 664 474 $4 664 474 0°/ Fund Balance End of Year $3 405 851 $4 664 474 $4 664 474 $6 539 926 $5 392 515 $4 664 475 00/ 1 General Fund Revenues Budget Actual Adopted Actual to Projected Proposed /0 FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Estimated Property Assessment $3 661 114 546 $3 661 114 546 $3 875 335 514 N/A N/A $4 138 000 000 7% Ad Valorem Category Ad Valorem Total Ad Valorem $12 541 880 $12 770 711 $13 275 737 $13 246 199 $13 275 737 $14 175 547 7/ $12 541 880 $12 770 711 $13 275 737 $13 246 199 $13 275 737 $14 175 547 7 /o Franchise Fees Category Electricity Total Franchise Fees $611 000 $677 203 $688 600 $0 $702 000 $700 000 2/ $611 000 $677 203 $688 600 $0 $702 000 $700 000 2 / Utility Taxes Category Electricity Simplified Communications Tax Water Gas Oil Total Utility Taxes $1 095 000 $1 123 288 $1 150 000 $807 477 $1 007 477 $1 150 000 0 / $856 000 $770 637 $710 000 $500 117 $778 117 $785 000 11 / $197 000 $249 647 $200 000 $176 730 $220 000 $225 000 13 /o $62 000 $75 466 $62 000 $66 810 $80 000 $83 000 34 / $300 $80 $500 $53 $60 $50 90/ $2 210 300 $2 219 118 $2 122 500 $1 551 187 $2 085 653 $2 243 050 6/ Shared Revenues Category State Revenue Sharing Half Cent Sales Tax Local Option Gas Tax Alcoholic Beverage Licenses Total Shared Revenues $140 000 $620 000 $215 000 $6 500 $168 167 $646 572 $209 922 $7 144 $150 000 $620 000 $220 000 $7 500 $131 771 $514 749 $163 001 $5 657 $173 714 $694 749 $220 000 $7 500 $175 000 17 /o $700 000 13 /o $0 N/A $7 500 0/ $981 500 $1 031 805 $997 500 $815 179 $1 095 963 $882 500 12 / Licenses &Permits Category Occupational Licenses Budding Permits Total Licenses and Permits $50 000 $907 358 $80 348 $880 751 $55 000 $909 922 $87 264 $852 729 $87 264 $909 922 $57 000 $862 945 4/ 5/ $957 358 $961 100 $964 922 $939 993 $997 186 $919 945 5 / 2 General Fund Revenues Budget Actual Adopted Actual to Projected Proposed /0 FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Charges for Services Category Zoning & Site Plan Review Fees Zoning Hearing Fees Certificates of Occupancy Building/Zoning Code Violations Property Maintenance Violations Recreation Fees Fines and Forfeitures Permit Research & Lien Letters Election Qualifying Fees Miscellaneous Inspection Fees School Crossing Guard Firefighters Supplement Total Charges for Services $20 000 $6 000 $5 742 $25 000 $0 $20 000 $38 400 $46 200 $0 $40 000 $0 $25 600 $22 320 $14 671 $9 093 $5 446 $20 900 $800 $35 787 $171 897 $39 013 $150 $3 616 $0 $25 347 $6 505 $13 518 $6 900 $5 931 $9 150 $3 000 $811 267 $75 000 $33 979 $0 $40 000 $15 000 $26 000 $8 500 $15 223 $19 937 $1 600 $53 828 $0 $904 251 $200 404 $38 881 $0 $46 194 $0 $17 236 $7 120 $16 000 $18 585 37 /o $20 000 $6 900 0 / $2 500 $1 912 68/ $54 000 $50 250 449 /o $500 $250 92/ $944 118 $1 180 000 45 / $200 404 $75 000 0/ $39 500 $47 199 39 / $0 $0 N/A $46 500 $40 000 0/ $2 500 $0 N/A $18 000 $26 000 0 /o $8 500 $8 500 0 / $249 262 $325 991 $1 048 245 $1 304 675 $1 352 522 $1 454 596 39 / Other Revenues Category Interest Income Rent Income Sale of Fixed Assets Hurricane Recovery Total Other Revenues $75 000 $0 $0 $0 $90 294 $0 $0 $0 $58 000 $195 050 $0 $0 $0 $0 $0 $0 $200 000 $0 $0 $0 $225 000 288 / $0 N/A $0 N/A $0 N/A $75 000 $90 294 $58 000 $195 050 $200 000 $225 000 288 / Grants & Donations Category HRS EMS Grant Police (C 0 P S) Grants Other Donations Total Grants $6 500 $0 $1 000 $0 $0 $0 $0 $0 $6 500 $0 $1 000 $0 $1 357 $0 $3 549 $0 $1 357 $0 $3 549 $0 $6 500 0 /o $0 N/A $1 000 0/ $0 N/A $7 500 $0 $7 500 $4 906 $4 906 $7 500 0/ Total Revenues $17 633 800 $18 076 222 $19 163 004 $18 057 189 $19 713 967 $20 608 138 8 / 3 Village Council Category Administrative Expenses Memberships Dues Education & Training Insurance Committee Expenses State Relations Representative Federal Relations Representative Website/Communications Chamber of Commerce Youth Council Conferences Miami Dade Library Agreement Electricity Water & Sewer Maintenance & Repairs Art in Public Places Capital Outlay Total Village Council Budget FY 2004 $26 254 $26 000 $68 667 $500 $30 000 $50 000 $0 $55 063 $0 $42 000 $8 785 $4 628 $7 500 $16 500 $0 Actual Adopted FY 2004 FY 2005 $27 287 $7 617 $54 126 $0 $42 000 $0 $0 $55 063 $0 $0 $4 236 $1 232 $2 277 $16 907 $0 $30 000 $26 000 $34 804 $500 $35 000 $0 $0 $55 063 $2 000 $0 $8 500 $3 000 $0 $16 500 $11 000 Actual to 7131/2005 $37 691 $6 694 $34 690 $0 $28 000 $0 $0 $41 297 $1 942 $0 $2 714 $0 $0 $11 250 $10 002 Projected 9/30/2005 $38 000 $8 000 $35 000 $500 $42 000 $0 $0 $55 063 $2 000 $0 $3 600 $0 $0 $16 500 $11 000 Proposed FY 2006 $30 000 $26 000 $40 749 $500 $50 000 $100 000 $7 000 $55 063 $10 000 $0 $3 600 $0 $0 $15 000 $25 000 % Change 0% 0°/ 17% 0% 43/0 N/A N/A 0% 400% N/A 58% N/A N/A 9% 127% $335 897 $210 745 $222 367 $174 280 $211 663 $362 912 63% 4 Administration & Finance Category Village Manager Assistant Village Manager Assistant to the Manager Human Resources Coordinator IT Administrator Receptionist Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Unemployment Insurance Finance Director Contractual Grant Specialist Contractual Auditors Employee Development Administrative Expenses Insurance Telephone Postage Electricity Water & Sewer Rentals & Leases Printing & Binding Furniture & Fixtures Equipment Office Supplies Car Allowance Miscellaneous Memberships/Dues/Education/Training Travel Appraisers Website/Communications Contingency for Emergencies Total Administration Building Maintenance Building Maintenance Fire Dept Building Maintenance Police/Adman Building Maintenance Manager Maintenance & Repairs Budget Actual FY 2004 FY 2004 $137 596 $140 310 $68 250 $68 075 $0 $9 003 $53 012 $53 400 $45 520 $46 062 $11 737 $13 734 $21 375 $21 940 $37 292 $28 686 $22 426 $29 433 $452 $499 $0 $0 $100 000 $97 050 $20 800 $10 500 $61 000 $64 105 $9 000 $0 $35 000 $94 746 $23 068 $18 299 $50 000 $33 309 $15 000 $13 900 $7 544 $8 859 $4 628 $2 064 $0 $0 $0 $0 $5 000 $4 349 $15 000 $15 827 $35 000 $13 476 $4 800 $4 800 $3 500 $8 832 $12 500 $7 507 $3 000 $8 150 $1 000 $350 $12 000 $36 610 $200 000 $0 Adopted FY 2005 $150 075 $73 136 $51 896 $57 018 $50 934 $0 $29 304 $45 967 $27 000 $431 $0 $100 000 $0 $50 000 $0 $50 000 $13 120 $30 000 $15 000 $2 000 $4 000 $0 $0 $2 500 $6 000 $15 000 $4 800 $3 500 $12 000 $3 000 $1 000 $25 000 $100 000 Actual to 7/31/2005 $121 775 $57 766 $26 692 $46 528 $40 816 $0 $20 108 $27 887 $22 500 $320 $0 $83 333 $0 $40 415 $0 $51 097 $11 654 $26 583 $18 685 $10 369 $0 $0 $0 $4 080 $3 210 $14 889 $0 $5 646 $10 479 $177 $0 $20 928 $50 088 Projected 9/30/2005 $150 075 $73 136 $30 000 $57 018 $50 934 $0 $29 304 $43 600 $27 000 $431 $0 $100 000 $0 $40 415 $0 $53 000 $13 120 $35 000 $20 000 $12 000 $0 $0 $0 $4 080 $3 210 $15 500 $0 $6 000 $10 479 $1 500 $1 000 $25 000 $50 088 Proposed FY 2006 $162 306 $0 $60 975 $61 665 $55 085 $0 $16 599 $40 804 $21 600 $496 $2 500 $103 000 $0 $48 500 $0 $37 850 $15 335 $35 100 $13 700 $7 800 $0 $11 220 $850 $2 000 $6 600 $10 000 $0 $3 000 $7 556 $3 150 $1 000 $25 000 $100 000 Change 8% N/A 17% 8% 8% N/A 43% 11% 20% 15% N/A 3% N/A 3% N/A 24% 17% 17% 9% 290% N/A N/A N/A 20% 10% 33% N/A 14% 37% 5% 0% 0% 0% $1 015 501 $853 875 $922 682 $716 025 $851 890 $853 691 7% $0 $0 $0 $7 500 $0 $114 $7 500 $14 655 $51 361 $101 858 $96 000 $60 500 $16 756 $91 171 $68 000 $17 399 $20 000 $101 858 $96 000 $16 000 $46 242 $105 509 $102 000 $60 500 10% 4% 6% 0% Total Building Maintenance $7 500 $22 269 $309 718 $193 326 $233 858 $314 252 1% 5 Village Clerk Category Clerk Administrative Assistant Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Automobile Allowance Insurance Electricity Water & Sewer Rentals & Leases Maintenance & Repairs Imaging Equipment/Supplies Video & Filming Supplies Ordinance Codification Indexing Minutes Elections Election Advertising Legal Advertising Videographer & Equipment Video Streaming Website/Communications Office Supplies Memberships Dues Education & Training Travel Telephone & Postage Capital Outlay Budget Actual Adopted FY 2004 FY 2004 FY 2005 $72 361 $72 212 $78 258 $26 362 $26 203 $28 511 $7 552 $7 615 $8 168 $11 847 $9 113 $12 812 $11 519 $11 756 $10 800 $452 $499 $432 $0 $2 350 $4 800 $24 071 $19 106 $18 234 $7 600 $3 689 $2 500 $4 500 $2 064 $3 000 $0 $0 $0 $7 500 $7 913 $0 $5 000 $4 512 $5 000 $0 $0 $0 $3 500 $2 424 $3 500 $2 500 $1 384 $2 500 $20 000 $1 479 $20 000 $10 000 $4 935 $10 000 $75 000 $32 515 $75 000 $40 000 $45 940 $40 000 $6 000 $5 088 $6 000 $0 $0 $0 $0 $2 946 $5 000 $3 000 $1 153 $3 000 $3 000 $3 554 $3 000 $1 000 $1 559 $1 200 $3 000 $599 $3 000 Actual to 7/31/2005 $62 796 $23 223 $6 522 $4 435 $8 100 $320 $4 000 $12 160 $5 221 $0 $0 $0 $4 874 $0 $925 $1 559 $14 909 $10 431 $27 189 $27 743 $3 651 $0 $5 049 $1 433 $2 425 $1 038 $1 017 Projected Proposed 9/30/2005 FY 2006 Change $78 258 $84 637 8% $28 511 $32 376 14% $8 168 $8 951 $12 812 $14 041 $10 800 $10 800 $432 $497 $4 800 $4 800 0% $18 234 $6 427 65% $6 000 $7 560 202% $0 $0 N/A $0 $4 069 N/A $0 $2 500 N/A $5 000 $5 000 0% $0 $2 500 N/A $3 500 $3 500 0% $2 500 $2 500 0% $14 909 $15 000 25% $10 431 $10 000 $45 000 $75 000 0% $40 000 $50 400 26% $6 000 $6 259 4% $0 $7 000 N/A $5 100 $5 000 0/0 $3 000 $1 240 59% $3 000 $4 380 46% $1 200 $2 500 108°/ $3 000 $6 000 100% 0% Total Village Clerk $345 764 $270 609 $344 715 $229 020 $310 655 $372 937 8°/ 6 Village Attorney Category Legal Fees Legal Fees Lawsuits Legal Fees Labor Relations Prof Fees Contract Matters Other Professional Fees Court Costs and Fees Other Expenses Total Village Attorney Budget FY 2004 $200 000 $100 000 $0 $25 000 $5 000 $1 500 $1 500 Actual Adopted FY 2004 FY 2005 $298 423 $19 777 $24 711 $12 414 $0 $0 $75 $200 000 $100 000 $0 $25 000 $5 000 $1 500 $1 500 Actual to 7/31/2005 $217 682 $30 000 $35 000 $8 000 $9 737 $0 $0 Projected 9/30/2005 $220 000 $50 000 $50 000 $10 000 $9 737 $0 $0 Proposed FY 2006 Change $225 000 13% $100 000 0% $25 000 N/A $25 000 0% $5 000 0% $1 500 0% $1 500 0% $333 000 $355 401 $333 000 $300 419 $339 737 $383 000 15% 7 Debt Service Category Village Green Civic Center #1 Civic Center #2 Civic Center #3 Civic Center #4 Sewer Loan Financial Advisor Budget FY 2004 $1 129 089 $820 921 $524 000 $639 503 $0 $28 134 $4 500 Actual FY 2004 $1 129 089 $754 714 $522 544 $277 009 $0 $28 134 $8 266 Adopted FY 2005 $0 $817 886 $894 044 $741 177 $98 550 $28 134 $0 Actual to 7/31/2005 $0 $817 886 $894 044 $736 648 $76 598 $14 067 $0 Projected 9/30/2005 $0 $817 886 $894 044 $741 177 $98 550 $28 134 $0 Proposed FY 2006 ok Change $0 N/A $819 026 0% $893 608 0% $741 177 0% $219 785 123% $28134 0% $0 N/A Total Debt Service $3 146 147 $2 719 756 $2 579 791 $2 539 243 $2 579 791 $2 701 730 50/0 9 Building, Zoning & Planning Category Director Building Official Chief Permit Clerk Permit Clerk Receptionist/Permit Clerk (1) Permit Clerk Plan Reviewer Sr Code Enforcement Officer Chief Building Inspector Chief Electrical Inspector Chief Plumbing Inspector (2) Chief Mechanical Inspector Building Inspector Inspectors (Part time) Overtime Salaries Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Master Plan Professional Services Special Masters Contractual Services Website/Communications Telephone Rentals & Leases Insurance Maintenance & Repairs Printing & Binding Postage Electricity Water & Sewer Electronic Scanning Supplies Membership & Dues Education & Training Mileage Car Allowance Miscellaneous Equipment Total Building Planning & Zoning Budget FY 2004 $112 273 $105 091 $39 915 $31 942 $11 737 $29 970 $65 951 $39 472 $75 879 $79 673 $75 879 $75 879 $63 180 $18 000 $5 000 $61 653 $99 170 $75 991 $56 712 $1 000 $25 000 $7 000 $20 000 $0 $3 150 $0 $24 071 $14 000 $7 500 $3 750 $7 544 $4 628 $20 000 $12 000 $5 000 $6 000 $3 000 $4 800 $2 000 $10 000 Actual FY 2004 $113 135 $105 755 $40 281 $32 291 $12 036 $30 398 $66 547 $38 728 $76 288 $80 102 $53 268 $70 671 $64 353 $12 014 $4 364 $60 456 $76 285 $70 648 $62 626 $0 $24 915 $1 455 $20 633 $0 $4 266 $0 $19 420 $7 582 $3 889 $0 $3 689 $2 064 $18 596 $10 485 $1 283 $4 190 $203 $4 800 $3 565 $11 011 Adopted FY 2005 $115 641 $113 656 $43 168 $34 545 $25 388 $32 413 $71 326 $38 056 $82 064 $86 167 $30 000 $82 064 $68 329 $38 272 $0 $65 873 $103 330 $70 200 $53 465 $1 000 $25 000 $7 000 $20 000 $0 $3 150 $0 $18 212 $0 $3 750 $3 750 $2 500 $3 000 $30 000 $12 000 $5 000 $9 000 $3 000 $4 800 $2 000 $15 000 Actual to 7/31/2005 $93 846 $89 067 $34 915 $28 071 $20 526 $26 381 $57 598 $32 424 $66 458 $67 463 $21 120 $66 458 $55 335 $4 115 $0 $47 866 $35 768 $52 650 $40 137 $2 970 $23 996 $2 707 $9 594 $0 $3 875 $0 $12 160 $0 $7 010 $0 $5 221 $0 $0 $13 306 $2 504 $3 379 $79 $4 000 $3 460 $8 687 Projected 9/30/2005 $115 641 $113 656 $43 168 $34 545 $25 388 $32 413 $71 326 $38 056 $82 064 $86 167 $30 000 $82 064 $68 329 $5 000 $0 $65 873 $103 330 $70 200 $53 465 $3 000 $25 000 $3 000 $17 000 $0 $5 000 $0 $18 212 $0 $7 500 $1 000 $6 500 $0 $30 000 $15 000 $5 000 $3 500 $300 $4 800 $3 500 $9 000 Proposed /0 FY 2006 Change $131 317 14°/ $118696 3/ $46 686 8 /o $37 360 8/ $27 457 8/ $35 054 8 / $77 139 8/ $39 959 5/ $88 752 8/ $89 904 3/ $30 000 0/ $88 752 8/ $73 898 8 /o $38 272 0/ $0 N/A $67 468 2 /o $106197 3/ $70 200 0 /o $61 485 15/ $1 000 0/ $25 000 0% $7 000 0 /o $20 000 0°/ $7 000 N/A $3 150 0%o $3 780 N/A $25 203 38/ $0 N/A $5 000 33 / $2 000 47/ $7 800 212 /o $0 N/A $30 000 0°/ $12000 0/ $5 000 0/ $9 000 0 / $3 000 0 / $4 800 0/ $2 000 0/ $15 000 0 / $1 303 812 $1 212 290 $1 322 119 $943 148 $1 277 997 $1 416 330 7/ (1) In FY 04 this position was shared evenly with the Administration/Finance Dept This position will be 100 / with BZP to provide clerical duties associated with Special Masters and code enforcement programs This position is the departments receptionist and records all requests into the permit system (2) This budget reclassifies the Chief Plumbing Inspector from a full time position to a part time position This reclassification will be evaluated during the year to insure that there is no reduction in the quality of service provided 11 Police Category Chief of Police Deputy Chief of Police Police Major Police Lieutenants (3) Police Sergeants (4) Police Officers (20) Acting Supervisor Pay Salaries Overtime Special Events Holiday Pay Court Time Administrative Assistants (2) Dispatchers Municipal Utility Workers Community Service Aides/ Prop & Evid Cust Clerical Assist (PT) IT Services Technician Crossing Guard Police Incentive Pay Off Duty Employment Accreditation Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Technical Services IT CRIS Website/Communications Recruiting & Physicals Employee Wellness Program Investigation Expense Travel & per diem Telephone Dedicated Lines Electricity Water & Sewer Insurance Maintenance & Repairs Confidential Informants Supplies Equipment Lease DARE Program Uniforms Vehicle Maintenance Vehicle Fuel Boat Fuel Photography Range Expenses Communications Maintenance Memberships & Dues Education & Training Police Facilities Police Vehicles Police Equipment Subtotal Police Federal/State Expenditures Total Police Budget FY 2004 $0 $188 830 $0 $301 647 $317 747 $865 914 $4 000 $90 000 $0 $100 869 $8 000 $59 704 $157 144 $101 609 $0 $14 000 $0 $44 000 $21 420 $0 $0 $180 552 $253 482 $269 713 $118 074 $12 000 $0 $13 820 $2 000 $6 000 $0 $14 950 $30 177 $16 975 $136 203 $11 000 $1 000 $25 000 $0 $8 000 $39 000 $30 000 $28 000 $0 $4 500 $6 000 $20 000 $3 500 $42 000 $20 306 $90 000 $42 000 Actual FY 2004 $22 846 $192 606 $6 379 $297 688 $343 440 $933 803 $0 $244 858 $0 $42 013 $11 191 $59 721 $133 804 $74 326 $0 $17 490 $0 $44 160 $25 529 $0 $0 $187 643 $311 442 $272 588 $111 421 $8 752 $0 $8 331 $453 $9 322 $0 $23 042 $33 959 $0 $107 626 $18 195 $0 $47 399 $0 $9 126 $55 268 $77 817 $40 587 $0 $4 131 $5 116 $42 524 $3 081 $32 711 $33 157 $83 670 $30 085 Adopted FY 2005 $113 300 $127 435 $95 176 $240 400 $279 490 $978 504 $1 000 $94 000 $0 $100 000 $12 000 $67 927 $166 962 $60 482 $51 361 $15 000 $49 230 $44 000 $22 025 $0 $0 $192 649 $279 752 $232 200 $115 890 $0 $0 $15 862 $0 $15 971 $0 $19 080 $25 000 $12 000 $102 898 $0 $1 000 $25 000 $11 000 $10 000 $40 000 $30 000 $35 000 $0 $1 500 $6 000 $71 000 $3 500 $42 000 $0 $105 789 $30 000 Actual to 7/31/2005 $92 066 $82 692 $77 006 $216 534 $193 817 $804 710 $0 $112 163 $0 $89 969 $10 987 $55 047 $115 189 $48 006 $37 008 $12 431 $37 802 $30 064 $14 769 $27 184 $0 $154 214 $221 645 $203 685 $83 566 $0 $0 $17 375 $0 $10 039 $0 $21 017 $20 153 $0 $68 808 $0 $0 $25 455 $6 992 $3 767 $27 781 $49 848 $47 286 $0 $1 119 $837 $57 229 $2 980 $29 103 $0 $107 361 $24 078 Projected 9/30/2005 $113 300 $127 435 $95 176 $240 400 $279 490 $978 504 $1 000 $115 000 $0 $100 000 $12 000 $67 927 $150 000 $60 482 $51 361 $15 000 $49 230 $44 000 $22 025 $27 500 $0 $192 649 $279 752 $232 200 $115 890 $0 $0 $20 000 $0 $15 000 $0 $22 000 $23 000 $0 $102 898 $0 $0 $30 000 $11 000 $7 500 $40 000 $51 000 $55 000 $0 $1 250 $1 200 $71 000 $3 500 $41 000 $500 $107 361 $26 000 Proposed FY 2006 Change $128 369 13% $109 798 14% $102 637 8% $272 531 13% $284 944 2% $1 025 732 5% $1 000 0% $116 886 24% $10 479 N/A $105 000 5% $13 500 13% $79 034 16% $155 608 7% $65 383 8% $66 563 30% $15 000 0% $48 293 2% $44 000 0% $18 640 15% $0 N/A $18 384 $202 154 5% $330 667 18% $226 800 2% $133 274 15% $0 N/A $7 000 N/A $18 675 18% $2 000 N/A $17 839 12% $0 $26 058 37% $25 000 0% $12 000 0% $107 879 5% $3 800 $1 000 $32 433 $11 741 $10 000 $37 110 $35 000 17 /o $60 000 71% $14 000 N/A $1 500 0% $6 000 0% $65 000 8% $3 500 0% $42 000 $0 N/A $158 767 50% $30 000 0% N/A 0% 30% 7% 0% 7% 0°/ $3 699 135 $4 007 299 $3 941 383 $3 241 781 $3 999 530 $4 302 975 9 /o $0 $106 647 $0 $141 605 $0 $0 N/A $3 699 135 $4 113 946 $3 941 383 $3 383 386 $3 999 530 $4 302 975 9 / 12 Fire Rescue Category Fire Chief Deputy Fire Chief Fire Captains Fire Lieutenants Firefighters/Paramedics Administrative Assist Salaries Overtime Off duty Employment Holiday Pay Incentive Pay 1 Acting Supervisor Pay Vacation Excess Pay Payroll Taxes Retirement Life Health Disability Insurance Workers Comp Insurance Recruiting & Physicals Employee Wellness Program Consultants Fee Website/Communications Automatic Aid Agreement Fire Rescue Safety Materials ALS Licenses Fire Safety Telephone Postage Utilities Electricity Fire Truck Lease Insurance Maintenance & Repairs Printing Supplies Equipment EMS Grant 2 Linen Supplies Uniforms Vehicle Maintenance Fuel Photography Small Tools/Consumables Miscellaneous Memberships & Dues Education & Training Fire Rescue Facilities Fire Rescue Vehicles Fire Rescue Equipment Total Fire Rescue Budget FY 2004 $133 553 $98 567 $266 609 $391 287 $1 312 878 $37 611 $80 000 $5 500 $81 188 $22 320 $6 000 $85 000 $192 919 $298 594 $248 271 $126 719 $17 600 $1 000 $10 000 $0 $500 000 $10 000 $3 600 $15 000 $500 $9 885 $33 863 $117 000 $57 536 $39 500 $1 000 $9 000 $6 500 $1 000 $42 700 $5 000 $750 $1 000 $2 000 $6 000 $3 000 $43 200 $12 000 $4 000 $39 100 Actual FY 2004 $134 580 $99 344 $269 058 $383 243 $1 275 958 $37 959 $225 329 $0 $34 061 $6 939 $16 692 $95 584 $189 122 $387 517 $305 119 $122 127 $11 005 $323 $0 $0 $469 581 $9 778 $3 050 $18 342 $312 $7 266 $21 631 $109 140 $42 277 $38 842 $1 000 $9 070 $6 737 $637 $36 659 $5 137 $921 $406 $1 120 $8 473 $3 188 $26 530 $9 378 $4 089 $31 375 Adopted FY 2005 $137 560 $106 600 $278 088 $483 631 $1 419 285 $40 676 $88 000 $5 500 $81 188 $22 320 $6 500 $85 000 $210 708 $305 643 $210 600 $114 434 $18 000 $4 000 $10 000 $0 $500 000 $10 000 $3 600 $15 000 $500 $9 885 $33 862 $117 000 $45 396 $39 500 $2 500 $9 000 $1 550 $1 000 $50 000 $5 000 $750 $1 000 $2 000 $6 000 $3 000 $50 000 $12 000 $4 000 $35 000 Actual 7/31/2005 $111 620 $86 480 $225 648 $355 548 $1 187 751 $32 814 $159 331 $0 $45 260 $8 172 $9 373 $75 199 $162 446 $401 631 $203 656 $86 434 $4 740 $385 $0 $0 $399 300 $1 885 $1 945 $13 972 $131 $3 959 $14 837 $109 140 $29 657 $8 725 $938 $4 603 $1 302 $0 $25 192 $4 254 $1 761 $0 $341 $6 675 $2 636 $31 985 $1 695 $1 998 $22 276 Projected 9/30/2005 $137 560 $106 600 $278 088 $483 631 $1 419 285 $40 676 $165 000 $1 000 $81 188 $10 000 $9 500 $85 000 $210 708 $425 000 $210 600 $114 434 $6 000 $1 000 $0 $0 $500 000 $2 000 $3 600 $15 000 $500 $5 000 $20 000 $109 140 $45 396 $10 000 $2 500 $7 500 $1 400 $1 000 $30 000 $5 000 $2 000 $500 $500 $7 000 $3 000 $40 000 $3 500 $4 000 $25 000 Proposed FY 2006 $141 687 $115 289 $286 430 $498 140 $1 506 545 $43 991 $95 000 $5 500 $81 000 $22 320 $7 000 $85 000 $215 036 $361 050 $210 600 $131 599 $28 800 $4 000 $10 000 $7 000 $500 000 $10 000 $5 000 $18 000 $500 $3 000 $37 200 $117 000 $84 993 $36 000 $2 500 $9 000 $1 400 $1 000 $50 000 $5 000 $2 000 $1 000 $2 000 $6 000 $4 875 $49 600 $11 980 $4 000 $35 000 % Change 3% 8% 3% 3% 6% 8% 8% 0% 0% 0% 8% 0% 2% 18% 0% 15% 60% 0% 0% N/A 0% 0% 39% 20% 0% 70% 10% 0°/ 87% 9% 0% 0% 10% 0% 0% 0% 167% 0% 0% 0% 63% 1% 0% 0% 0% $4 378 751 $4 458 900 $4 585 276 $3 845 691 $4 628 806 $4 853 035 6% 13 Public Works Category Public Works Director Maintenance Supervisor #1 Maintenance Supervisor #2 Administrative Assistant Building Maintenance Hourly Employees/Overtime Payroll Taxes Retirement Life Health Disability Insurance Workers Comp Insurance Engineering Landscape Architect Beach Conservation Monitoring Contractual Services Consulting Services Website/Communications Telephone Insurance Electricity Water & Sewer Electricity Village Wide Water Village Wide Maintenance & Repairs Maintenance Contracts Supplies Vehicle Maintenance Small Tools/Consumables Education & Training Equipment Vehicle Lease Hurricane Expenditures Total Public Works Budget FY 2004 $82 534 $37 965 $0 $33 435 $22 034 $30 779 $16 040 $18 824 $17 042 $8 576 $45 000 $5 000 $50 000 $420 000 $5 000 $0 $2 000 $25 694 $7 544 $4 628 $35 000 $65 000 $45 000 $50 000 $3 000 $4 000 $7 000 $2 000 $7 000 $3 600 $0 Actual FY 2004 $83 527 $41 155 $0 $35 550 $59 320 $41 209 $15 674 $14 480 $17 693 $9 470 $14 850 $0 $58 084 $433 534 $0 $0 $4 347 $20 368 $10 987 $18 685 $18 088 $115 571 $23 770 $26 421 $3 822 $10 526 $5 912 $2 263 $6 579 $3 600 $2 834 Adopted FY 2005 $85 010 $40 979 $27 295 $30 000 $0 $46 318 $17 565 $21 994 $21 600 $ 8 044 $45 000 $5 000 $25 000 $533 000 $5 000 $0 $2 000 $19 440 $4 000 $35 000 $35 000 $120 000 $45 000 $50 000 $3 000 $8 000 $7 000 $2 000 $10 000 $0 $0 Actual to 7/31/2005 $62 789 $35 413 $13 650 $19 615 $0 $33 666 $11 940 $7 613 $16 200 $6 070 $24 653 $0 $0 $453 505 $2 775 $0 $5 064 $12 980 $7 534 $315 $36 091 $74 087 $38 161 $27 807 $14 235 $15 152 $5 391 $0 $11 312 $0 $5 775 Projected 9/30/2005 $85 010 $40 979 $27 295 $30 000 $0 $46 318 $17 565 $21 994 $21 600 $8 044 $30 000 $5 000 $0 $533 000 $3 000 $0 $7 000 $19 440 $8 000 $1 000 $46 000 $80 000 $43 000 $35 000 $18 000 $17 000 $6 000 $0 $11 312 $0 $7 500 Proposed FY 2006 Change $87 560 3% $47 341 $27 295 $36 050 $0 $66 923 $20 285 $26 792 $27 000 $9 251 $45 500 $5 000 $25 000 $533 000 $5 000 $7 000 $7 000 $28 555 $4 000 $35 000 $35 000 $120 000 $55 000 $50 000 $5 350 $25 000 $7 000 $2 000 $10 000 $8 760 $0 16% 0% 20% N/A 44% 15% 22% 25% 15% 1% 0% 0% 0% 0% N/A 250% 47% 0% 0% 0% 0% 22% 0% 78% 213% 0% 0% 0% N/A N/A $1 053 694 $1 098 321 $1 252 245 $941 791 $1 169 057 $1 361 663 9% 10 Parks and Recreation Departmental Expenses Parks & Recreation Director Athletic Supervisor Adult Programs Supervisor Part time Administrative Assistants Payroll Taxes Retirement Contributions Life Health Disability Insurance Workers Comp Insurance Contract Services Website/Communications Insurance Maint & Repairs Parks / Playground Advertising Vehicle Maintenance Vehicle Lease Supplies Field Maintenance Program Supplies Uniforms Membership & Dues Education & Training Travel Communications Electricity Field Lights St Agnes Water & Sewer Special Events Fourth of July Fireworks Winterfest 2 Key Biscayne Athletic Club Key Biscayne Art Festival Lighthouse Run & Walk Park Improvements Program Equipment Senior Transportation 3 St Agnes Field Lease' Fininvest Field Lease 5 Budget FY 2004 $72 680 $51 806 $41 446 $44 639 $26 967 $28 336 $26 640 $8 125 $45 000 $0 $21 784 $30 000 $10 000 $10 000 $0 $6 000 $80 000 $30 000 $2 000 $1 500 $1 500 $2 500 $1 500 $8 000 $1 000 $85 000 $65 000 $32 000 $50 000 $5 000 $10 000 $15 000 $10 000 $34 000 $36 000 $39 086 Actual FY 2004 $73 211 $52 184 $41 916 $13 684 $18 820 $16 757 $29 315 $8 972 $57 214 $0 $17 362 $18 935 $20 693 $5 451 $0 $8 102 $81 033 $22 457 $1 634 $600 $1 400 $747 $6 720 $3 689 $2 064 $88 760 $65 000 $56 340 $50 700 $456 $9 854 $23 888 $7 657 $36 720 $36 000 $29 314 Adopted Actual to Projected Proposed / FY 2005 7/31/2005 9/30/2005 FY 2006 Change $78 604 $65 469 $78 604 $85 010 8/ $56 028 $45 469 $56 028 $57 709 3 / $44 824 $36 498 $44 824 $52 528 17 / $72 694 $54 892 $58 000 $76 568 5/ $19 289 $13 496 $19 289 $20 794 8/ $21 535 $7 454 $21 535 $23 430 9 / $27 000 $20 250 $27 000 $16 200 40 / $7 620 $5 750 $7 620 $8 763 15 / $0 $0 $0 $0 N/A $0 $0 $0 $7 000 N/A $16 483 $11 005 $16 483 $28 706 74 / $30 000 $19 906 $21 000 $30 000 0/ $15 000 $45 343 $48 000 $50 000 233 / $10 000 $3 866 $4 000 $10 000 0/ $3 600 $3 600 $3 600 $3 600 0/ $8 000 $16 617 $17 000 $8 000 0/ $100 000 $64 370 $70 000 $100 000 0/ $30 000 $21 107 $23 000 $30 000 0 / $2 000 $2 839 $2 900 $2 000 0 / $1 500 $1302 $1400 $1 500 0/ $1 500 $1 344 $1400 $1 500 0/ $2 500 $1 820 $2 000 $2 500 0/ $3 000 $4 621 $5 000 $4 000 33 / $0 $15 000 $15 000 $15 000 N/A $0 $0 $0 $0 N/A $85 000 $88 447 $89 000 $85 000 0/ $70 000 $78 420 $78 420 $70 000 0/ $35 000 $39 510 $40 000 $35 000 0/ $100 000 $25 000 $100 000 $100 000 0 / $5 000 $0 $0 $5 000 0 / $10 000 $10 350 $10 350 $10 000 0/ $15 000 $5 136 $5 500 $15 000 0/ $10 000 $6 457 $6 500 $10 000 0 / $34 000 $30 960 $34 000 $37 440 10/ $36 000 $36 000 $36 000 $36 000 0 / $0 $0 $0 $0 N/A Departmental Expenses $932 509 $907 649 $951 177 $782 299 $943 453 $1 038 248 9 / Community Center Expenses Community Center Supervisor $28 000 $17 000 $53 560 $46 075 $53 560 $67 336 26 / Youth Services Coordinator $32 000 $0 $32 000 $25 858 $32 000 $33 477 5 / Front Desk Manager $15 500 $0 $31 000 $25 354 $31 000 $33 477 8/ Part time Community Center Personnel $78 952 $27 581 $369 001 $280 929 $365 000 $371 406 1/ Payroll Taxes $0 $0 $37 145 $32 111 $37 145 $38 686 4 / Retirement Contributions $0 $0 $13 987 $4 842 $13 987 $16 115 15/ Life Health Disability Insurance $0 $0 $16 200 $12 150 $16 200 $16 200 0/ Workers Comp Insurance $0 $0 $58 559 $0 $58 559 $67 343 15/ Advertising $0 $0 $0 $0 $0 $50 000 N/A Contract Services $0 $0 $105 400 $186 257 $195 000 $210 800 100/ Telephone $0 $0 $0 $0 $0 $5 000 N/A Postage $0 $0 $0 $0 $0 $2 50Q N/A Insurance $0 $0 $48 000 $0 $65 000 $67 479 41/ Maintenance $0 $0 $0 $110 532 $130 000 $249 595 N/A Minor Repairs $0 $0 $0 $0 $0 $5 000 N/A Office Supplies $0 $0 $0 $0 $0 $2 500 N/A Supplies $0 $0 $92 000 $57 918 $75 000 $82 000 11/ Electricity $0 $0 $195 664 $16 447 $30 000 $108 000 45/ Water & Sewer $0 $0 $13 976 $2 597 $5 000 $3 000 79/ Community Center Expenses Total Parks & Recreation $154 452 $44 581 $1 066 492 $801 070 $1 107 451 $1 429 913 34/ Resolution 2000 26 Adopted July 11 2000 2 Resolution 99 55 Adopted June 8 1999 9 By Council motion Adopted June 11 2002 Resolution 2002 15 Adopted June 11 2002 5 Resolution 2001 56 Adopted August 28 2001 $1 086 961 $952 231 $2 017 669 $1 583 370 $2 050 904 $2 468 161 22/ 14 Special Revenue Fund Operating Revenues Transportation Surtax Local Option Gas tax Intergovernmental Revenues Total Operating Revenues Operating Expenditures Budget Actual Adopted Actual to Projected Proposed / FY 2004 FY 2004 FY 2005 7131/2005 9/30/2005 FY 2006 Change $0 $336 524 $301 076 $159 786 $301 076 $264 000 12 / $0 $0 $0 SO $0 $240 000 N/A $0 $0 $0 $0 $1 000 000 $0 $0 $336 524 $301,076 $159,786 $1,301,076 $504,000 67 / Crandon Blvd Master Plan Phase II $0 $0 $0 $240 081 $4 800 000 $0 McIntyre/Crandon Intersection $0 $0 $0 $0 $795 000 $0 Bond Counsel $0 $0 $0 $12 000 $12 000 $0 Principal Debt Payments $0 $0 $0 $0 $0 $57 959 Interest Expense $0 $0 $0 $0 $30 319 $141 458 Debt Service Reserve $0 $0 $0 SO $270 757 $64 583 Total Operating Expenditures Other Sources/Uses of Funds $0 $0 $0 $252,081 $5,908,076 $264,000 N/A Interest income $0 $485 $0 $7 216 $7 500 $500 Proceeds from Debt Issuance $0 $0 $0 $50 000 $3 500 000 $0 Contributions from Private Sources $0 $0 $0 $7 994 $282 994 $0 Revenue Over (Under) Expenditures $0 $337,009 $301,076 ($27,084) ($816 506) $240,500 20 / Fund Balance Beginning of Year $0 $0 $337 009 $337 009 $638 085 ($178 421) Fund Balance End of Year $0 $337,009 $638,085 $309,925 ($178,421) $62,079 Capital Improvement Fund Operating Revenues Budget Actual Adopted Actual to Projected Proposed / FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Interest Income $0 $12 172 $0 $2 870 $3 000 $10 000 Sale of Fire Truck (Old Quint) $0 $72 000 $0 $0 $0 $0 Other Revenue $0 $54 947 $0 $350 204 $350 204 $0 Total Operating Revenues $0 $139,119 $0 $353,075 $353,204 $10 000 Operating Expenditures Capital Outlay $819 251 $1 682 890 $1 050 000 $893 039 $1 050 000 $1 217 452 Total Operating Expenditures $819 251 $1 682 890 $1 050 000 $893,039 $1 050 000 $1 217,452 16/ Other Financing Sources (Uses) Operating Transfers In $819 251 $1 251 070 $1 050 000 $1 050 000 $1 050 000 $1 217 452 Operating Transfers Out $0 $0 $0 $0 $0 $0 Revenue Over (Under) Expenditures $0 ($292 701) $0 $510 036 $353,204 $10 000 Fund Balance Beginning of Year $0 $1 175 908 $883 207 $883 207 $883 207 $1 236 412 Fund Balance End of Year $905 758 $883 207 $883 207 $1 393 243 $1 236 412 $1,246 412 RESERVE AND CAPITAL OUTLAY ANALYSIS FY 2006 ITEM DESCRIPTION 1 Fire Equipment 2 Fire Vehicle Replacement 3 Beach Renourshment 4 Tree Replacement Program 5 School Parking 6 Calusa Park 7 Future Land Acquisition 8 Art in Public Places 9 Maintenance Reserve Police/Admen Building 10 Maintenance Reserve Fire Station 11 Maintenance Reserve Community Center Building 12 Community Center Equipment Replacements 13 Evaluation & Appraisal Report 14 Harbor Drive Drainage 15 Grapetree Drive Uplighting 16 Ocean Lane Drive Improvements 17 Union Labor Contract 18 Emergency Reserves (Hurricane) 19 Contingencies TOTAL Interest 1rjcom'e/ Interest Expense BALANCE PROPOSED 9/30/2005 ALLOCATIONS $36 313 $10 000 $169 605 $20 000 $146 456 $250 000 $25 000 $0 $2 000 $0 $0 $250 000 $112 769 $0 $177 910 $0 $50 000 $0 $50 000 $0 $0 $50 000 $25 000 $25 000 $11 234 $0 $173 415 $0 $10 000 $225 000 $0 $244 675 $1 459 377 $x,87',0 $1 462 247 $0 $0 $250 000 $350 000 $12 452 1 217 452 TOTAL ALLOCATIONS $46 313 $189 605 $396 456 $25 000 $2 000 $250 000 $112 769 $177 910 $50 000 $50 000 $50 000 $50 000 $11 234 $173 415 $10 000 $225 000 $250 000 $350 000 $257 127 $2 676 829 Stormwater Enterprise Fund Operating Revenues Stormwater Fees Total Operating Revenues Operating Expenditures Budget Actual Adopted Actual to Projected Proposed / FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change $525 000 $550 640 $530 000 $329 203 $530 000 $530 000 0 / $525 000 $550 640 $530 000 $329 203 $530 000 $530 000 0 / Administrative Expenses $10 000 $2 578 $8 500 $4 852 $5 000 $8 500 Contractual Services $60 000 $162 738 $80 000 $145 891 $150 000 $80 000 Depreciation Expense $0 $273 919 $0 $0 $0 $0 Total Operating Expenditures 0/ 0/ $70 000 $439 235 $88 500 $150 743 $155 000 $88 500 0/ Non Operating Revenue (Expense) Interest Income $9 500 $20 164 $9 500 $13 486 $15 000 $30 000 216 / Principal and Interest on Debt ($470 559) ($266 287) ($472 093) ($142 966) ($472 093) ($473 213) 0 / Revenue Over (Under) Expenditures ($6 059) ($134 719) ($21 093) $48 981 ($82 093) ($1 713) 216/ Fund Balance Beginning of Year $3 186 394 $3 186 394 $3 051 675 $3 051 675 $3 051 675 $2 969 582 Fund Balance End of Year $3 180 335 $3 051 675 $3 030 583 $3 100 656 $2 969 582 $2 967 869 17 Solid Waste Enterprise Fund Budget Actual Adopted Actual to Projected Proposed / Operating Revenues FY 2004 FY 2004 FY 2005 7/31/2005 9/30/2005 FY 2006 Change Solid Waste Collection Fees $285 000 $284 900 $545 162 $533 397 $533 397 $545 162 100/ Total Operating Revenues $285 000 $284,900 $545,162 $533,397 $533 397 $545 162 100 / Operating Expenditures Administrative Expenses $10 000 $3 978 $4 000 $2 110 $4 000 $4 000 100/ Contractual Services $275 000 $255 195 $514 008 $291 756 $514 008 $514 008 100 / Uncollectable Accounts $0 $0 $27 154 $0 $0 $27 154 100 / Total Operating Expenditures $285 000 $259 173 $545,162 $293 866 $518,008 $545,162 200 / Non Operating Revenue (Expense) Interest Income $850 $1 070 $0 $538 $600 $500 Revenue Over (Under) Expenditures $850 $26 797 $0 $240 069 $15 989 $500 0 / Fund Balance Beginning of Year $194 107 $194 107 $220 904 $220 904 $220 904 $220 904 Fund Balance End of Year $194 957 $220,904 $220,904 $460 973 $236,893 $221 404 Insurance W/C Council $40 749 $0 Adman $15 335 $496 Clerk $6 427 $497 BZP $25 203 $61 485 Police $107 879 $133 274 Fire/EMS $84 993 $131 599 Public Works $28 555 $9 251 Rec $28 706 $8 763 Comm Cntr $67 479 $67 343 Total $405 326 $412 707 ORDINANCE NO 2005-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Manager presented to the Village Council a "Tentative General Fund Operating Budget" for the fiscal year commencing October 1, 2005 and the Village Council scheduled the public hearing required by Section 200 065(2)(c) of the Flonda Statutes to be held on September 13, 2005 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 13, 2005, at 7 00 p m , in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Flonda, as required by Chapter 200 of the Florida Statutes, and WHEREAS, said public heanng, as required by Section 200 065 (2)(c), was held by the Village Council on September 13, 2005, commencing at 7 00 p m as previously noticed and the public and all interested parties having had an opportunity to address their comments to the Village Council, and the Village Council having had an opportunity to amend the tentative budget as it deemed appropnate and having considered the comments of the public regarding the tentative budget and having complied with the "TRIM" requirements of the Flonda Statutes, and WHEREAS, pursuant to Section 200 065(2)(d) of the Flonda Statutes, a final public heanng to adopt the budgets for the fiscal year commencing on October 1, 2005, through September 30, 2006, was held, as advertised, on Tuesday, September 27, 2005, at 7 00 p m , in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Flonda and the Council considered comments from the public NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA Section 1 Upon prior adoption of the final millage rate, which is hereby ratified, the attached budgets of the Village of Key Biscayne for the fiscal year commencing October 1, 2005, are hereby approved and adopted VILLAGE ATT • 'i EY Section 2 This ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on the first reading this 13th day of September , 2005 PASSED AND ADOPTED on the second reading this 27th day of September, 2005 iGvtceco.e, L - MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN -2- 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 SOOKIE WILLIAMS who on oath says that he or she is the VICE PRESIDENT 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 ORDINANCE ADOPTING BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1 2005 ETC 9/13/2005 in the XXXX Court was published in said newspaper in the issues of 09/08/2005 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 -ether paid nor promised any person firm or corporation any scow t rebate commission or refund for the purpose of ecuri this advertisement for publication in the said Sworn to and subscribed before me this 08 day L EPTEMBER A D 2005 (SEAL) aseir6 Maria I Mesa SOOKIE WILLIAMS personally known t MY Comrnsss+on DD293855 ar Expues March 04 2008 VSJUILOE OP KEY BISCAYNE OIFFICE OF THE V/IU.AaE CLERK PUBLIC NOTICE The Village of Key dyne proposes to adopt the following Ordinance AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOP IGITHE DGETS FOR THE FISCAL YEAR COMMENCING 1 2005 THROUGH SEPTEMBER 30 2005 PUR i`O FLORIDA STATUTE 200 005 (TRIM BILLS PRO FOR AN EFFECTIVE DATE A Public Heanng on the first treading of this proposed Ordinance has been scheduled by the Village Counal for Tuesday September 13 2005 at 7 00 pm in the Village Council Chamber 560 Crandon Boulevard Key Biscayne Flonda and the P.ubhc Heanng on the second readirirg of this Ordinance has been scheduled by the Village Council for Tuesday Sir 27 2005 at 7 00 pm in the Village Council Chamber 560 Crandon Boulevard, Key Biscayne Honda Interested potties are invited to appear and be heard A copy of the proposed ordinance may be obtained at Village Hail Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Ronda 33149 Should any person desire to appeal any decision of the Village Council with respect Warty matter to be considered at tiffs meeting that person shaft msurethataverbethn record of the proceedings is made including all testimony and evatence upon which any appeal may be based (F S 286 0105) 9/8 Conchita H Alvarez CMC Village Clerk 05-4 371583565M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Miami Dade County Flonda STATE OF FLORIDA COUNTY OF MIAMI DADE Before the undersigned authority personally appeared 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 cop, of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCT 1 2005 SEPT 30 2006 in the XXXX Court was published in said newspaper in the issues of 09/15/2005 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 thi dvertise r publication in the said newspaper Sworn to and subscribed before me this (SEAL) "q Mane 1 Mesa 4O V FERBEYRE personally know My Commission D0293855 q Expires Mare 04 2008 VILLAGE OF KEY BISCAYNE OFFICE OF TINE VILLAGE CLERK PUBLIC NOTICE The Village of Key Biscayne proposes to adopt the following Ordinance AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1 2005 THROUGH SEPTEMBER 30, 2006 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL) PROVIDING FOR API EFFECTIVE DATE A Public Heanng on the first reading of this proposed Ordinance has been scheduled by the Village Council for Tuesday September 13 2005 at 700 pm in the Village Council Chamber 560 Crandon Boulevard Key Biscayne Florida and the Public Heanng on the second reading of this Ordinance has been scheduled by the Village Council for Tuesday September 27 2005 at 700 pm in the Village Council Chaifiber 560 Crandon Boulevard Key Biscayne Flonda Interested parties are invited to appear and be heard A copy of the proposed ordinance may be obtained at Village Hall Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Flonda 33149 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) Conchita H Alvarez CMC Village Clerk 9/15 05-4 86/585911M ORDINANCE NO 2005-13 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 8 "ENVIRONMENT," BY CREATING ARTICLE V "HURRICANE PROTECTION MEASURES" CONSISTING OF SECTION 8-301 "PREVENTION OF STORM DAMAGE", PROVIDING REGULATIONS CONCERNING LANDSCAPING AND THE MAINTENANCE AND DISPOSAL OF LANDSCAPING DEBRIS, TREES, YARD WASTE AND VEGETATION, SO AS TO MITIGATE POTENTIAL STORM IMPACTS AND DAMAGES, PROVIDING RESTRICTIONS ON PLACEMENT OF LANDSCAPING DEBRIS, REQUIRING REMOVAL OF CERTAIN EXOTIC PLANTS AND TREES FOR NEW CONSTRUCTION, PROVIDING FOR PROTECTION OF ELECTRIC POWER LINES FROM VEGETATIVE GROWTH, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR PENALTY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, as a result of the recent senes of hurricanes and severe weather events which have affected the Village and the State of Flonda, it is recognized to be necessary to implement additional regulations to assure the protection of the public health, safety and welfare, and WHEREAS, the Village Council finds that the adoption of this Ordinance is protective of the public health, safety and welfare NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Village Code Amended That the Village Code ofthe Village ofKey Biscayne, Flonda, is hereby amended by amending Chapter 8 "Environment", by creating Article V "Humcane Protection Measures" consisting of Section 8-301 "Prevention of Storm Damage", to read as follows 1 ARTICLE V HURRICANE PROTECTION MEASURES Section 8-301 Prevention of Storm Damage fij Hurricane Watch, Restriction On Placement of Landscaping Debris Once an official hurricane watch is issued by the National Weather Service for an area which includes the Village, no person shall place any yard waste including, but not limited to, vegetative clippings, trees, palm fronds, leaves, branches or any other vegetative debns (the "Landscape Debris") on any portion of the public right of way or upon any land within ten (10) feet of the public nght of way, unless instructed to do so in wasting by the Village Manager This shall not prohibit the temporary placement of Landscape Debns on the swale area adjacent to the parcel which produced such Landscape Debns for pick up by a licensed private hauler, so long as such pick up and removal is fully accomplished pnor to the issuance by the National Weather Service of an official hurricane warning and in any event is completed by the private hauler prior to the occurrence of the anticipated storm event and at the pnvate property owner's sole cost and expense Removal of Certain Exotic Plants and Trees for New Construction From and after the date of adoption of this Ordinance, any person owning or controlling (the "Responsible Person") real property upon which there exists any of the exotic species of vegetation ("Exotics") listed on Exhibit "A", a copy of which is attached hereto and incorporated herein, shall cause the removal and disposal of said Exotics prior to obtaining a building permit for the construction of any new single family or duplex residence upon said property As to any such 1/ Proposed deletions from existing Village Code text are indicated by sty , proposed additions to existing Village Code text are indicated by underline 2 property for which there exists at the time of adoption of this section an active building permit for the construction of a new single family or duplex residence upon such property, the Exotics shall be removed by the Responsible Person pnor to the issuance of a Certificate of Occupancy The requirements of this section shall be applicable regardless of whether the Exotics were planted or established before, on or after the date of adoption of this Ordinance Nothing herein shall be construed to authonze the planting of Exotics Protection of Electric Power Lines Each person owning or controlling real property within the Village shall cause all landscaping situated upon such real property, including, but not limited to, trees, branches, palm fronds, vines, bushes and any other vegetative matter, to be maintained and trimmed so that no trees, branches, palm fronds, vines, bushes or other vegetative matter shall be situated at any point any closer than six (6') feet to any energized electric transmission or electnc service line In the event that a person owning or controlling such real property does not timely cause the landscaping to be maintained and trimmed as descnbed above within seven (7) days after having received a written demand from the Village to do so, the Village Manager shall be authorized to arrange for Village employees or contractors to perform such work Village shall have a lien, in the nature of a special assessment, upon the property for the purpose of secunng full reimbursement to the Village for all costs incurred for said work, and may record and enforce said hen to the fullest extent authorized by law The procedures applicable to the enforcement and collection of said lien shall be the same as those which are authorized for solid waste collection service liens pursuant to Section 2-62 of the Village Code Section 3 Severability That 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 3 to 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 Inclusion in the Code That 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 the Village of Key Biscayne, 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 appropnate word Section 5 Penalty That any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 00 or impnsonment in the County jail not to exceed sixty (60) days or both such fine and impnsonment Each day that a violation continues shall be deemed a separate violation This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F S , as amended, and Village Code Section 2-31, et seq , as amended Enforcement may also be by suit for declaratory, injunctive or other appropnate relief in a court of competent junsdiction Section 6 Effective Date That this Ordinance shall be effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 12th day of October, 2004 PASSED AND ADOPTED on second reading this 6th day of September, 2005 4i. ' ceteni"_____ ' MAYOR ROBERT OLDAKOWSKI 4 di2/aar CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY EXHIBIT "A" EXOTIC LANDSCAPING TO BE REMOVED FROM PROPERTY 1 Schinus terebinthinfolohus (Brazilian Pepper/Flonda Holly) 2 Metopium toxiferum (Poison Wood) 3 Casunna equisetifoha (Australian Pine) 4 Meleleuca Quinquenervia (Melaleuca) 5 Araucana Heterohylla (Excelsa, Northfork Pine Island) 6 Brassala Actinophyera (Schefflera) F/103 001/Ordinance/Ordinance amending humcane measures VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCE AUG 30 2005 ORDINANCE AMENDING ARTICLE IV FINANCE ETC in the XXXX Court was published in said newspaper in the issues of 08/18/2005 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 : adverts - ent •r publication in the said newspaper Sworn to and subscribed before me this (SEAL) et, Maria I Mesa • My Commission DD293855 0 V FERBEYRE personally knov Expires March 0412008 8/18 Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be hell on Tuesday August 30 2005 at 7 00 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMEND- ING ARTICLE IV "FINANCE" OF CHAPTER 2 ADMINISTRATION" BY CREATING SECTION 2 75 "FIRE RESCUE TRANSPORT FEE" TO PROVIDE FOR FEES TO BE IMPOSED FOR FIRE RESCUE TRANSPORT SERVICES PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE DEPARTMENT PROVIDING FOR INCLUSION IN CODE PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 8 ENVIRONMENT BY CREATING ARTICLE V HURRICANE PROTECTION MEASURES" CONSISTING •OF SECTION 8-301 PREVENTION OF STORM DAMAGE" PROVIDING REGULATIONS CONCERNING LANDSCAPING AND THE MAINTENANCE AND DISPOSAL OF LANDSCAP ING DEBRIS TREES, YARD WASTE AND VEGETATION SO AS TO MITIGATE POTENTIAL STORM IMPACTS AND DAMAGES, PROVIDING RESTRICTIONS ON PLACEMENT OF LANDSCAPING DEBRIS PROVIDING FOR PROTECTION OF ELECTRIC POWER LINES FROM VEGETATIVE GROWTH PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR PENALTY PROVIDING FOR AN EFFECTIVE DATE The proposed Ordinances may be inspected by the public at the Office of the Village Clerk Interested parties may appear at the Public Heanng and be heard with respect to the proposed Ordinances Any person wishing to address the Village Council on any item at this Public Heanng is asked to register with the Village Clerk prior to that item being heard In accordance with the Amencans 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 Flonda 33149 telephone number (305) 365-5506 not later than two business days pnor to such proceedmg Should any person desire to appeal any deasioil 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 01 05) Comments of any interested party relative it this matter may be submitted in writing and or presented in person at $#ie public hearing Conchtta H Alvarez, CMC Village Cleft 05-4-61/576811M ORDINANCE NO 2005-12 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" BY CREATING SECTION 2-75 "FIRE RESCUE TRANSPORT FEE", TO PROVIDE FOR FEES TO BE IMPOSED FOR FIRE RESCUE TRANSPORT SERVICES PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE DEPARTMENT, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne Fire Rescue Department ("Fire Rescue") provides medical rescue transportation service to sick, injured or incapacitated persons, and WHEREAS, it is necessary to implement a service fee for Fire Rescue transport services to help offset the costs of the provision of such services NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2 Code Amended. That the Village Code of the Village of Key Biscayne is hereby amended by amending Chapter 2 "Administration", at Article IV "Finance", by creating Section 2-75 "Fire Rescue Transport Fee," to read as follows Section 2-75 Fire Rescue Transport Fee (a) Fee The below listed service fees shall be charged when Village Fire Rescue provides Fire Rescue transport services to any person, by which such person is transported to a medical facility by Village Fire Rescue (b) Schedule of Fees. (i) The Schedule of Fees is that which is set forth on Exhibit "A", a copy of which is attached hereto and incorporated herein, subject to any regulatory approval required from Miami -Dade County pursuant to Chapter 4 of the Miami -Dade County Code (ii) The service fees described above shall constitute the initial Schedule of Fees which may be amended from time to time by resolution of the Village Council, subject to any further regulatory approval required from Miami - Dade County pursuant to Chapter 4 of the Miami -Dade County Code (c) Billing and Collection of Fees The Village Manager is authonzed to establish billing and collection procedures to provide for the collection of the service fees from the patient, responsible person, and health insurance career of each person receiving basic or advanced life support transportation service, and is authonzed to use the services of billing, account management, and/or collection companies in order to accomplish billings, account management, and collections in accordance with applicable law 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 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 5 Effective Date This Ordinance shall be effective immediately upon passage by the Village Council on second reading PASSED AND ADOPTED on first reading this 5th day of July , 2005 PASSED AND ADOPTED on second reading this 30th day of August , 2005 4,0 atct, ti (___„. MAYOR ROBERT OLDAKOWSKI AT CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI VILLAGE AT 0 EY 3 EXHIBIT "A" SCHEDULE OF FEES Base Fire Rescue Department Other Base Rates Costs Rates ALS ALS 1 ALS 2 SCT** BLS Village of Key Biscayne (approved by BCC , 2005) $330 00 N/A $390 00 $550 00 $650 00 Oxygen per tank or fraction $30 00 Mileage per mile or fraction $ 7 50 IV Solution $30 00 Cardiac Monitoring $30 00 Cervical Collar $30 00 Special Handling* $30 00 *Extrication Anti shock trousers etc **Specialty Care Transport In accordance with Section 4 8(k) of the County Code The transportation of more than one patient in one ambulance vehicle shall be prohibited except that this Section shall not apply to transportation pursuant to a contract between a certificate holder and Miami Dade County or to transportation pursuant to direction by the fire chief having territorial jurisdiction NOTE The Village Clerk may insert date of B C C approval F /103 001/Ordinances/Fire Rescue Transport Fee 6 21 05 4 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLE K PUBLIC NOTICE 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCE AUG 30 2005 ORDINANCE AMENDING ARTICLE IV FINANCE ETC in the XXXX Court was published in said newspaper in the issues of 08/18/2005 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 secunng th : adverts - ent •r publication in the said newspaper Sworn to and subscribed before me this Mana I Mesa • My Commission DD293855 0 V FERBEYRE personally knovu � Expres March 04, 2008 (SEAL) Notice is hereby given that the following ordinances walk, Go sidered on Second Reading by the Village Council of tie Village of Key 3iscayne at a meeting to be held on Tuesday August 30 2005 -at 7 00034 mike Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDINANCE AMENDING THE CObE I�FIRIINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMEND- ING ARTICLE IV "FINANCE OF 4HAPTER_,_ 2 ADMINISTRATION BY CREATING SECTION 2 75 "FIRE RESCUE TRANSPORT FEE' TO PROVIDE FOR FEES TO BE IMPOSED FOR FIRE RESCUE TRANSPORT SERVICES PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE DEPARTMENT PROVIDING FOR INCLUSION IN CODE PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING THE VILLAGE CODE. BY AMENDING CHAPTER 8 ENVIRONMENT BY CREATING ARTICLE V HURRICANE PROTECTION: MEASUR.EStCONSISTING .OF SECTION 8301 PREVENTION ,OF STORM DAMAGE PROVIDING REGULATIONS CONCERNING LANDSCAPING AND THE MAINTENANCE AND DISPOSAL OF LANDSCAP ING DEBRIS, TREES YARD WASTE AND VEGETATION SO AS TO MITIGATE POTENTIAL. STORM IMPACTS AND DAMAGES PROVIDING RESTRICTIONS ON PLACEMENT OF LANDSCAPING DEBRIS PROVIDING FOR PROTECTION OF ELECTRIC POWER LINES FROM VEGETATIVE GROWTH PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR PENALTY PROVIDING FOR AN EFFECTIVE DATE The proposed Ordinances may be inspected by the public at the Office of the Village Clerk Interested parties may appear at the Public Heanng and be heard with respect to the proposed Ordinances Any person wishing to address the Village Council on any item at this Public Heanng is asked to register with the Village Clerk prior to that item being heard In accordance with the Amencans With Disabilities Act Df 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 priortosuch proceeding Should any person desire to appeal any decision of the Village Council with respect to any matter to be consideredat 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 01 b5) Comments of any interested party relae� this matter may be submitted in wnting and or presented in persona e public heanng Conchita li Alvarez CMG Village Clerk 8/18 05-4 61/576811M ORDINANCE NO 2005-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5 01 "ELECTIONS", TO PROVIDE FOR ELIMINATION OF PRIMARY ELECTIONS FOR COUNCIL MEMBERS AND TO INSTEAD PROVIDE FOR COUNCIL MEMBERS TO BE ELECTED AT A SINGLE ELECTION, RETAINING PRIMARY ELECTION FOR OFFICE OF MAYOR, CALLING AN ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON A DATE WHICH IS SET BY RESOLUTION OF THE VILLAGE COUNCIL, PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE CHARTER AMENDMENT SET FORTH HEREIN, PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROVIDING FOR PROCEDURE FOR BALLOTING, PROVIDING FOR NOTICE OF ELECTION, PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 6 02(a)(i) of the Charter of the Village of Key Biscayne provides that the Council may, by Ordinance, propose amendments to the Charter, subject to approval by the electorate at the next general election or at a special election called for such purpose, and WHEREAS, the Council has determined to submit a proposed Charter amendment for approval or disapproval by the electors, as provided in this Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS 1 Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed 1 / Underlined text is proposed to be added to existing Charter text, strtkethrough text is proposed to be deleted from the existing Charter text Section 2. Charter Amended That Section 5 01 "Elections" of the Village Charter, is amended by revising that Section to read, as follows Section 5 01 Elections (a) Electors Any person who is a resident of the Village, has qualified as an elector of the State and registers to vote in the manner prescnbed by law shall be an elector of the Village (b) Nonpartisan elections All elections for the offices of Councilmember and Mayor shall be conducted on a nonpartisan basis (c) Election date A pnmary election for the office of Mayor shall be held in each even -numbered year on the first Tuesday following the first Monday of October A regular election for Mayor and Council positions shall be held in November of each even -numbered year, on the same day U S congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday of November of that year Notwithstanding any contrary provisions of this section, the Village Council may, by ordinance enacted pursuant to Section 100 3605(2), Florida Statutes, or independent of such statutory basis by virtue of the enabling authonty provided in this subsection (c), from time to time, change the dates for conducting mayoral pnmary and all regular and special elections for the election of the Mayor and/or Village Council and provide for the orderly transition of office resulting from such date changes (d) Primary elections There shall be no pnmary election for Mayor if no more than two (2) candidates qualify to run for the office of Mayor In the event that a pnmary election is not necessary, as descnbed above, the qualified candidates' names for the office of Mayor shall be placed on the regular election ballot, unless otherwise specified by paragraph (h) below The ballot for the primary election shall contain the names of all qualified candidates for Mayor and -for and shall instruct electors to cast one (1) vote for Mayors , 2 (e) Regular Election The ballot for the regular election shall contain the names of the two (2) candidates for Mayor who received the most votes in the pnmary election The ballot for the regular election shall also contain the names of the qualified candidates for Council The ballot shall instruct electors to cast one (1) vote for Mayor and to cast a number of votes for the Council not greater than the number of contested Council positions, with a maximum of one vote per candidate The candidate for Mayor receiving the most votes shall be the duly elected Mayor The six (6) candidates for Council receiving the most votes shall be duly elected to the six -(6) positions on the Council which are up for election. (f) (g) Special elections Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter Tie Votes If the mayoral pnmary election results in two or more candidates receiving a tie vote such that the number of candidates to be placed on the mayoral ballot for the regular election would exceed the limitations in subsection (e), all candidates receiving a tie vote shall be listed on the mayoral ballot for the general election and the limitations in subsection (e) shall not apply If a tie vote occurs in the regular election between two (2) or more candidates for either the office of Mayor or Councilmember, the tie vote shall be decided by lot under the direction of the Village Clerk (h) Single candidates In the event that the number of persons who qualify as candidates for the Council Member positions to be filled at an election is equal to or less than the number of positions to be filled at such election, those positions shall not be listed on the prtmarror regular election ballot No election for Mayor shall be required in any election if there is only one duly qualified candidate for Mayor The duly qualified candidates shall be deemed elected (i) Absentee votes Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time, provided, however, that no ordinance shall limit the nght to vote by absentee ballot available under State law (j) Commencement of terms The term of office of any elected official will commence seven (7) days following the day of the regular election or special election at which s/he is elected Section 3. Form of Ballot. The form of ballot for the Charter amendment provided for in Section 2 of this Ordinance shall be, as follows "Elimination of Primary Elections for Councilmembers. The Village Charter provides for the Mayor and Councilmembers to be elected by an election system which includes pnmary and regular elections A Charter amendment is proposed which provides for Councilmembers to be elected at a single regular election at which the candidates receiving the most votes for the available Council positions are elected Pnmary elections are to be retained for the office of Mayor Shall the above-descnbed Charter amendment be adopted? YES [ NO [ 1 Section 4. Election Called, Ballot, Notice, etc. a The Village Council shall by Resolution timely call an election to present to the electors of the Village the Charter amendment ballot question provided in Section 3 above b The balloting shall be conducted between the hours of 7 00 a m and 7 00 p m at the regular polling places for Village elections or as otherwise provided by law All qualified electors residing within the Village who are timely registered shall be entitled to vote c Notice of said election shall be published in accordance with Section 100 342, Flonda Statutes, in a newspaper of general circulation within the Village at least thirty (30) days pnor to said election, the first publication to be in the fifth week pnor to the election, and the second publication to be in the third week pnor to the election, and shall be in substantially the following 4 form "NOTICE OF ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN ENABLING ORDINANCE AND RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE"), AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON , THE DAYOF , 200_ BETWEEN THE HOURS OF 7 00 A M AND 7 00 P M , AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE "Elimination of Primary Elections for Councilmembers. The Village Charter provides for the Mayor and Councilmembers to be elected by an election system which includes pnmary and regular elections A Charter amendment is proposed which provides for Councilmembers to be elected at a single regular election at which the candidates receiving the most votes for the available Council positions are elected Pnmary elections are to be retained for the office of Mayor Shall the above-descnbed Charter amendment be adopted YES[ 1 NO [ 1" Polling place information and the full text of the enabling Ordinance are available at the Office of the Village Clerk VILLAGE CLERK" The Council may by Resolution revise the Ballot question and corresponding Notice of Election which are set forth above Notices of Election for any other Charter amendments may be combined with this Notice of Election by the Village Clerk 5 d The registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until the date at which the registration books shall close in accordance with the provisions of the general election laws e The Village Clerk, with necessary assistance from the Miami -Dade County Supervisor of Elections, is hereby authonzed to take all appropnate actions necessary to carry into effect and accomplish the electoral provisions of this Ordinance The Village Clerk is authonzed to arrange for early voting as authonzed by law f This election shall be canvassed by the Village Clerk in accordance with the provisions of Section 2-102 of the Village Code and any applicable provisions of the general election laws or by the County Canvassing Board at the request of the Village Clerk g Copies of this Ordinance are available for public inspection dunng regular business hours at the Office of the Village Clerk Section 5 Effectiveness of Charter Amendment The Village Charter Amendment descnbed in Section 2 above, shall only be effective if a majority of the qualified electors of the Village voting at the Charter amendment election held for such purpose, pursuant to Sections 3 and 4 hereof, vote for its adoption, and shall be considered adopted and effective upon certification of the election results as provided herein If conflicting Charter amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict Further, in the event of such conflict, the Village Attorney is authonzed to revise the Charter to the extent necessary to assure that any amendments adopted conform to one another and are properly included in the publication of the revised Charter 6 Section 6 Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall 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 7 Inclusion in the Charter It is the intention of the Village Council, and it is hereby ordained that the provisions of Section 2 of this Ordinance shall become and be made a part of the Charter of the Village of Key Biscayne, Flonda, as to any Charter amendment measure approved by a majonty of voters voting on such measure in such election, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 8 Effective date Following adoption of this Ordinance on second reading, this Ordinance shall be effective immediately upon the adoption of a Resolution which sets the date of the Charter amendment election Any Charter amendment measure provided herein shall be effective only upon approval of a majonty of electors voting on the measure, effective upon certification of the election results, and shall be applicable to elections conducted commencing in 2006 PASSED AND ADOPTED on first reading this 14th day of June , 2005 PASSED AND ADOPTED on second reading this 5th day of July , 2005 7 /41 i C‘b/t1 1 t, ' MAYOR ROBERT OLDAKOWSKI ATT Aci/a4A, HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC F /103 001/Ordinances/ Second Version of Amending Section 5 01 Elections 5 26 05 8 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCE JULY 5 2005 ORDINANCE AMENDING SECTION 5 01 ELECTIONS ETC in the XXXX Court was published in said newspaper in the issues of 06/23/2005 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami Dade County Flonda 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 is adv sem nt for publication in the said newspap Sworn to and subscnbed before me this (SEAL) Medal Mes e � yrtr5 �n�"'mission O V FERBEYRE personal) DD293e66 or or Expires March 04 2008 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 July 5 2005 at 7 00 pm in the Coun cil Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDNANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5 01 "ELECTIONS TO PROVIDE FOR ELNINATION OF PRIMARY ELECTIONS FOR COUNCH. MEMBERS AND TO INSTEAD PROVIDE FOR COUNCIL MEMBERS TO BE ELECTED AT A SINGLE ELEC TION, RETAINING PRIMARY ELECTION FOR OFFICE OF MAYOR CALLING AN ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON A DATE WHICH IS SET BYRESOLUTION OF THE VILLAGE COUNCIL PROVIDING FOR SUBMISSION TO THE ELEC TORS FOR APPROVAL OR DISAPPROVAL OF THE CHAR TER AMENDMENT SET FORTH HEREIN PROVIDING FOR REQUISITE BALLOT LANGUAGE PROVIDING FOR PROCE DURE FOR BALLOTING PROVIDING FOR NOTICE OF ELECTION, PROVIDING FOR INCLUSION IN THE CHARTER 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 appearat the Public Heanng and be heard with respect to the proposed Ordinance Any person wishing to address the Village Council on any item at this Public Heanng is asked to register with the Village Clerk pnor to that item being heard In accordance with the Amencans With Disabilities Act of 1990 all per sons who are disabled and who need special accommodations to partici pate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Flonda 33149 telephone number (305) 365 5506 not later than two busi ness days pnor 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 submit ted in writing and or presented in person at the public hearing Conchita H Alvarez CMC Village Clerk 6/23 05-4-64/559640M ORDINANCE NO 2005-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $3,500,000 OF TRANSPORTATION TAX REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Flonda (the "Village") desires to authonze the issuance of not exceeding $3,500,000 of bonds for the purpose of financing a portion of the costs of road improvements within the Village (Crandon Boulevard Improvements --Phase II), financing architectural, engineering, environmental, legal and other planning costs related thereto, and paying costs of issuance of the bonds, and WHEREAS, the Council desires that the bonds be secured pnmanly by the revenue received by the Village from the Charter County Transit System Surtax authonzed by Section 212 055(1), Flonda Statutes, and secondarily by legally available non -ad valorem revenues of the Village, as further specified by subsequent resolution of the Council NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 In accordance with the provisions of the Charter of the Village of Key Biscayne, Flonda and Chapter 166, Flonda Statutes, there are hereby authonzed to be issued Transportation Tax Revenue Bonds (the "Bonds") of the Village, in an aggregate pnncipal amount not to exceed $3,500,000, in one or more senes, for the purpose of financing a portion of the costs of road improvements within the Village (Crandon Boulevard Improvements --Phase II), financing architectural, engineenng, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds The Bonds shall be designated "Village of Key Biscayne, Flonda Transportation Tax Revenue Bonds" (with appropnate senes designation), or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than twenty-one (21) years from their date of issuance, shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption at the option of the Village at such times and pnces, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution The supplemental resolution may be adopted, and the Bonds may be issued, at any time after the effective date of this Ordinance {M1350657_2} Section 2 The Village Manager and the Village Finance Director are each hereby authonzed to negotiate with banks or other financial institutions for the purchase of the Bonds and with respect to the terms of the Bonds The Village Attorney and Bond Counsel to the Village are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Bonds Section 3 This Ordinance will become effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 24th day of May , 2005 PASSED AND ADOPTED on second reading this 14th day of June , 2005 4,06d -u,4 L, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE i---1(//1/1/\ VILLAGE ATTORNEY {M1350657_2} 2 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 6/14/2005 in the XXXX Court was published in said newspaper in the issues of 06/02/2005 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 t advert' emfra44pr publication in the said newspape, Sworn to and subscribed before me this 02 day of JUNE A D 2005 (SEAL) O V FERBEYRE personally known toiNti ff,Cheryl H Mariner My Commission D0338559 , Expires July 18 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered onSecond Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday Jane 14 2005 at 7 00 p m in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDINANCE' OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEED- ING $3,500,000 OF 'TRANSPORTATION TAX REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLEA PROVIDING FOR A SUPPLEMENTAL RESOLUTION SET TING FORTH TIME DETAILS OF SAID BONDS, AND PROVID- ING 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 Heanng and be heard with respect to the proposed Ordinance Any person wishingto address the Vfllage Council on any item at this Public Heating 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 per sons who are disabled and who need special accommodations to partici pate in this proceeding because of that disability should contact the Office of the Village Cletic 88 West McIntyre Street Suite 220 Key Biscayne Flonda 33149 telephone number (305) 365-5506; not lair that twolwsi ness days pnor 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 submit ted in wnting and or presented in person at the public heanng 6/2 Conchita H Alvarez CMC Village Clerk 05-4-40/553130M ORDINANCE NO 2005-9 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS — PHASE II OF THE VILLAGE, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT IMPROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN ROADWAYS IN THE VICINITY OF CRANDON BOULEVARD, AS DESCRIBED HEREIN, AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") desires to authorize and provide for the construction of Crandon Boulevard Improvements — Phase II, as descnbed herein NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recital Adopted That the recital stated above is hereby adopted and confirmed Section 2 Capital Project Authorizing Ordinance A That pursuant to Village Charter, Section 3 07 (b), this Ordinance shall constitute a Capital Project Authorizing Ordinance B The Capital Project consists of the construction of Crandon Boulevard Improvements — Phase II, consisting of the Base Bid items and Alternates No 1 and No 2 C The Base Bid is for improvements along Crandon Boulevard from the Village entrance to the northern limits of the Village Green, and also along Harbor Dnve from Fernwood Road to Crandon Boulevard The improvements include pavement widening to accommodate bicycle lanes, curb and gutter construction, drainage modifications, construction of wider sidewalks, construction of paver and concrete intersections and crosswalks, asphalt resurfacing, signalization, lighting, pavement markings and signage, landscaping, imgation, street furniture, bus shelters and Village entrance features D Alternate No 1 is for the construction of vanous bus shelters along the east side of Crandon Boulevard, south of Galen/McIntyre E Alternate No 2 is for improvements along Crandon Boulevard from the northern limits of the Village Green to the intersection of Galen/McIntyre The improvement elements of Alternate No 2 are similar to those in the Base Bid F The cost of the entire Project is approximately $4 8 Million Dollars The Project will be funded and/or financed with monies received from Miami -Dade County, the State of Flonda, and developer contnbutions Based upon the best bid, the Project cost detail is, as follows Base Bid $3,218 533 80 Alternate No 1 $ 197,500 00 Alternate No 2 $1,362,587 55 Total $4,778,621 35 Section 3 Project Authorized A That the Project, as descnbed herein, is hereby authonzed to be constructed by the Village B That the Project shall be constructed in substantial conformity to the Crandon Boulevard Master Plan which was approved by the Village Council, and any amendments thereto 2 C That the Village Council shall, by resolution, enter into contracts for the construction of the Project in accordance with the plans prepared by Corzo Castella Carballo Thompson Salmon, P A (the "C3TS"), the Village's Project Engineer D That the Village Manager is authonzed to take all action necessary to implement this Ordinance, and is authonzed to expend Village funds for the construction of the Project pursuant to Village budget appropnations and subject to any funding conditions which are established Alternate No 2 ($1,362,588 00) shall not proceed unless the necessary County or State funds are committed to the Village, and is hereby authonzed subject to such funding condition Section 4 Notice of Ordinance Adoption That pursuant to Village Charter Section 4 03(9), following the passage of this Ordinance on first reading, the Village Clerk shall provide notice of the date and time of the second reading (the "Second Reading Notice") The Second Reading Notice shall include a bnef descnption of the Project and its cost and shall be published in addition to and contemporaneously with notices regularly published for second readings of ordinances The published notice shall be in substantially the form attached hereto as Exhibit "A" Further, the Village Clerk shall provide for each Village elector to be sent a Second Reading Notice by postcard The postcard notice shall be in substantially the form attached hereto as Exhibit "B" Any action taken by the Council on this Ordinance shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard Section 5 Severabihty 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 3 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 C Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 10th day of May, 2005 PASSED AND ADOPTED on second reading this 24th day of May, 2005 // Oita- titt____„_ MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY � a VILLAGE AT'1 RNEY 4 EXHIBIT "A" PUBLIC NOTICE Pursuant to Village of Key Biscayne Charter Section 4 03(9), notice is hereby provided that on Tuesday, May 24, 2005, at 7 00 p m , in the Village Council Chamber, at 560 Crandon Boulevard, Key Biscayne, Flonda, a public heanng on the second and final reading of an Ordinance concerning the Crandon Boulevard Improvements — Phase II, (the "Project") shall be heard by the Village Council, as follows ORDINANCE NO 2005- A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS — PHASE II OF THE VILLAGE, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT IMPROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN ROADWAYS IN THE VICINITY OF CRANDON BOULEVARD, AS DESCRIBED HEREIN, AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE Capital Project The Base Bid is for improvements along Crandon Boulevard from the Village entrance to the northern limits of the Village Green, and also along Harbor Dnve from Fernwood Road to Crandon Boulevard The improvements include pavement widening for bicycle lanes, curb and gutter construction, drainage modifications, construction of wider sidewalks, construction of paver and concrete intersections and crosswalks, asphalt resurfacing, signahzation, lighting, pavement markings and signage, landscaping, irngation, street furniture, bus shelters and Village entrance features Alternate No 1 is for the construction of vanous bus shelters along the east side of Crandon Boulevard, south of Galen/McIntyre Alternate No 2 is for improvements along Crandon Boulevard from the northern limits of the Village Green to the intersection of Galen/McIntyre The improvement elements of Alternate No 2 are similar to those in the Base Bid Cost The projected cost of the Project is approximately $4 8 Million Dollars This cost includes the Base Bid as well as Alternate No 1 and Alternate No 2 Alternate No 2 ($1,362,588 00) shall not proceed unless the necessary County or State funds are committed to the Village, and is to be authonzed subject to such funding condition The Project will be funded and/or financed with monies received from Miami -Dade County, the State of Flonda, and developer contnbutions This Notice is published in addition to and contemporaneously with notices regularly published for second readings of Ordinances For any question on this item, please contact the Village Clerk at (305) 365-5506 or visit the Village website at www keybiscayne fl gov 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 KEY BISCAYNE FLORIDA 33149 TELEPHONE NUMBER (305) 365 5506 NOT LATER THAN TWO (2) BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F S 286 0105) EXHIBIT "B" PUBLIC NOTICE (POSTCARD TO ELECTORS) Pursuant to Village of Key Biscayne Charter Section 4 03(9), notice is hereby provided that on Tuesday, May 24, 2005, at 7 00 p m , in the Village Council Chamber, at 560 Crandon Boulevard, Key Biscayne, Flonda, a public hearing on the second and final reading of a Capital Project Authonzing Ordinance for the Crandon Boulevard Improvements — Phase II shall be heard by the Village Council Capital Project The Base Bid is for improvements along Crandon Boulevard from the Village entrance to the northern limits of the Village Green, and also along Harbor Dnve from Fernwood Road to Crandon Boulevard The improvements include pavement widening for bicycle lanes, curb and gutter construction, drainage modifications, construction of wider sidewalks, construction of paver and concrete intersections and crosswalks, asphalt resurfacing, signalization, lighting, pavement markings and signage, landscaping, irrigation, street furniture, bus shelters and Village entrance features Alternate No 1 is for the construction of vanous bus shelters along the east side of Crandon Boulevard, south of Galen/McIntyre Alternate No 2 is for improvements along Crandon Boulevard from the northern limits of the Village Green to the intersection of Galen/McIntyre The improvement elements of Alternate No 2 are similar to those in the Base Bid Cost The cost of the Project is approximately $4 8 Million Dollars This cost includes the Base Bid as well as Alternate No 1 and No 2 Alternate No 2 ($1,362,588 00) shall not proceed unless the necessary County or State funds are committed to the Village, and is to be authonzed subject to such funding condition The Project will be funded and/or financed with monies received from Miami -Dade County, the State of Flonda, and developer contnbutions For any question on this item, please contact the Village Clerk at (305) 365-5506 or visit the Village website at www keybiscayne fl gov IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F S 286 0105) f 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCES MAY 24 2005 ORDINANCE AMENDING CHAPTER 17 NOISE ETC in the XXXX Court was published in said newspaper in the issues of 05/12/2005 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 commi or refund for the purpose of securing t► adverts ent for 'ublication in the said newspape (SEAL) AP 0 V FERBEYRE personally known Sworn to and subscribed before me this Maria I Mesa My Commission DD293855 OF Expires March 04, 2008 TED USES VIDING O THE CODE AN ORDINA DA ANIENDI VILLA►CiEOF KEY BISCAYNE OFFICIFc, E VILLAGE CLERK PUBLIC NOTICE ts)otrcebeygivreb en thatthe tollowing ordinances will he rgnsidered on Second,Reacling by the. Wage Counottaftthe Village -of Key Bisc yn at a meeting to be held on Tuesday May 24 2005 at 700 p rn in th Coking* b IOoated!at 550, rand --Boulevard, -may Bo a e Florida: ,, AN ORDINANCE OF VILLAGE OFEY ISCAYNE FLORIDA' AMEN "DH PIER 17 "NOISE r VI GE CODE TO ENHA REGULATIONS AND IONS ON NOISE , P.R.O ENALTIES PRO . .R /ERABI,LL TY PROVIDING FOR INCLUSION IN -C6 ROVIDING oR AN` EFFEC AN ORDINANCE OF VILLAGE OF KEY-BISCAYNE FLORIDA, AMENDING tHAPTER 17 NOISE" op nit VIj�L G I DBE B CREATING JION 17-8 BURGLAR ALARMS FOR PENAL $ PROVIDING FOR SEVERABIL, D- ING FOR IN. piSiON IN CODE, PROVIDING FOR EFFECT* DATE AN ORDINANCE OF THE VILLAGE DA AMENDING SECTION 30-102 DISTRICT OF -CHAPTER 30 ZONING BISCAYNE FL, BY DING A A EGULATI FOR P ABITtf DVID( 11 G O FECTli mss, CE OF THE'WILLA_GE SECTION 4-8244401410 OF CHAPTER 4 -4 BOATS VESSELS THE CODE !A"-BISCAYNE, FL,R VILLAGE COUNCIL SHALL AUTH OF VILLAGE MANAGER PROVI PROVIDING FOR INCLUSION IN AN EFFECTIVE -DATE AISCAY ORI VERNME 1. -USE THE CO KEYS „OF PERMIT DIES- PRO CILUSION IN �lNEF i TER AC TY A► ERCRAFr' ROVIDINGTHA ( COONS IN LIEU 3 FOR SEV,ERABILITY CODE PROV ID!NG FORT AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORI DA AMENDING THE VILLAGE C DE13Y Ameogg, CHAPTEF_.. 2 ADMINISTRATION -BY AMENDING ARTICL IN aENER-- AL BY AMENDING SECTION 21 CREATION OR DEPART~' MENTS AT PARAGRAPH (a) "CREATED , TO REPEAL THE REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DE PARTMENT AND TO INSTEAD CREATE A` EPARATE FIRE RESCUE DEPARTMENT AND 1 NT, PRO VIDING FOR SEVERABILITY t�G O USION IN THE VILLAGE CODE; PROVIDINGTOR EFFECTI ATE " A C A P I T A L # ' R b J E C T A U T H O R I Z I H c l t M C L A G E O F K E Y B I S C A Y N E , # L O R I D A N 4 �% O N C E R N I N G T H E C O N S T R U C T I O N O F Q R A N . D O I O U L E V A R D I M P R O V E M E N T S P H A S E 1 1 O F T H E i C A E J ' ` A U T H Q R I Z I N G A N D P R O V I D I N G F O R T H E V I L L A G E T C O I 4 S T R U C T I M P R O V E M E N T S - O N O R A N D O N 3 B O U L E V R i g A N p A T C t R T A I N R O A D W A Y S I N T H E V I C I N I T Y O F D A N R O U T V 1 R D A S D E S C R I B E D H E R E I N R U T H - 5 1 E ) C P E N D I T U R E O F F U N D S - P R O V I D I N G F O R - N O T I C E O F T A b I N A N C I 4 D O P T J O N P R O V I D I N G F O B S E V E R A B 1 L I T Y P R O V I D I N G _ F O R A N E F F E C - T I V E D A T E T h e p r o p o s e d O r d i n a n c e s m a y b e i n s p e c t e d b y t h e p u b l i c . t t h e O f f i c e o f t h e V i l l a g e C l e r k I n t e r e s t e d p a r t i e s ����m d j a p t e a r a t t h e P u " b I 1 c H e a n n g s a n d b e h e a r d w i t h - r e s p e c t t o t h e p r o p Q Q g d O r 4 i n a i c e A n y + ��p e x s o n w i s h i n g t o a d d r e s s t h e V i l l a g e C o u n c i l o n a n r i f e ' m a t r s P u b 1 i c H e a n n g i s a s k e d t o r e g i s t e r w i t h t h e V i l l a g e C l e r k p n o r t o t h a t i t e m b e i n g h e a r d I n a c c o r d a n c e w i t h A m e n c a n w i # h O r s a b t h t i g s A o t p f 4 0 a l b p e r s o n s w h o a r e d i s a b l e d a n d w h o n e e d s p e c i a l a r c o m t h o s j a , i o n t 3 d l i a i r g i c i p a t e i n t h i s p r b c p e d i n g b e c a u s e o f t h a t d i s a b i l i t y s h o u l d c o n t a c t t h e Q f t i c a o f t h e V i l l a g e C l e r k , , - 8 8 W e s t M c I n t y r e S t r e e t S u 1 t e 2 2 0 K e y B i s c a y n e F l o n d a 3 3 1 4 9 , t e l e p h o n e n u m b e r 0 0 5 ) 3 6 5 5 5 0 6 n o t l a t e r t h a n t w o b u s i n e s s d a y s p r i o r t o s u c h p r o c e e d i n g S h o u l d a n y p e r s o n d e s i r e t o a p p e a l a n y d e c i s i o n o f t h e V i l l a g e C o u n c i l w i t h r e s p e c t t o a n y m a t t e r t o b e c o n s i d e r e d a t t h i s m e e t i t t g ' t f a t p e r s o n s h a l l i n s u r e t h a t a v e r b a t i m r e c o r d o f t h e g t o t e e d i n g s i s m a d e i n c l u d i n g a l l t e s t i m o n y a n d e v i d e n c e u p o n w h i c h a n y a p p e a l m a y , b e b a s e d { F S 2 8 6 - 0 1 0 5 ) C o m m e n t s o f a n y i n t e r e s t e d p a r t y r e l a t i v e t o t h i s m a t t e r m a y b e S u b m i t t e d i n w a s t i n g a n d o r p r e s e n t e d i n p e r s o n a t t h e p u b l i c h e a n n g C o n c h i t a H A l v a r e z C M C V i l l a g e C l e r k 5 / 1 2 0 5 - 4 - 6 6 / 5 4 6 5 3 9 M ORDINANCE NO 2005-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", BY AMENDING ARTICLE I "IN GENERAL", BY AMENDING SECTION 2-1 "CREATION OF DEPARTMENTS" AT PARAGRAPH (a) "CREATED", TO REPEAL THE REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DEPARTMENT" AND TO INSTEAD CREATE A SEPARATE FIRE RESCUE DEPARTMENT AND A POLICE DEPARTMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE VILLAGE CODE, PROVIDING FOR EFFECTIVE DATE WHEREAS, in order to enhance the accreditation process for the police force of the Village of Key Biscayne, the Village Manager has recommended that the Village Code be revised to replace the consolidated Public Safety Department with a separate Police Department and a separate Fire Rescue Department, and WHEREAS, the Village Council finds that the recommended reorganization is in the best interests of the Village NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That the each of the above stated recitals are hereby confirmed and adopted Section 2. Village Code Amended. That Section 2-1 "Creation of Departments" of Article I "In General" of Chapter 2 "Administration" of the Village Code is hereby amended by revising paragraph (a) "Created" of Section 2-1 to read, as follows 1 1 Proposed deletions from existmg Village Code text are indicated by strtkeihrough, proposed additions to existmg Village Code text are indicated by underlme 1 "Sec 2-1 Creation of Departments (a) Created The following departments within the Village of Key Biscayne are hereby created (1) Building, Zoning and Planning Department, (2) Finance and Administrative Services Department, (3) Recreation Department, 141 Police Department, �5 Fire Rescue Department, and (- Public Works Department For emergency management purposes, the Village Manager shall be authonzed to designate the Chief of the Fire Rescue Department and or the Chief of Police as the incident manager for a specific emergency event Section 3 Severability That 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 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 the Village of Key Biscayne, 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 appropnate word 2 Section 5 Effective Date That this ordinance shall become effective immediately upon adoption at second reading PASSED AND ADOPTED on first reading this 10th day of May, 2005 PASSED AND ADOPTED on second reading this 24th day of May, 2005 40 (elk, 6„. MAYOR ROBERT OLDAKOWSKI CHITAH ALVAREZ,CMC, VILLAGE H CMC, VILLAGE CLE APPROVED A • FORM AND LEGAL SUFFICIE LAGE ATO Y F \100\103001\Ordmances\Amendmg Village Code 04 26-05 doc 3 ti 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 authonty personally appeared 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ddvertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCES MAY 24 2005 ORDINANCE AMENDING CHAPTER 17 NOISE ETC in the XXXX Court was published in said newspaper in the issues of 05/12/2005 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 commi -• or refund for the purpose of securing t► adverts ublication in the said newspape (SEAL) AP 0 V FERBEYRE personally known Sworn to and subscribed before me this Maria! Mesa My Commission D0293855 If Expires March 04, 2008 VILL,/G F KEY BISCAYNE OFFIC E VILLAGE CLERK PUBLIC NOTICE ht oticeIerby,given that the follmng ordinances will te_cansidered on SecondLMeadtng-byxthe Village Counoi Lthhe Village of Key Biscayne at a meeting to be held orr Tuesday May 24 2005 at 7 00 p m in th CoynniI IRL 1�ted �-at 560 Crandon -Boulevard --- Key B! aytie( Flonda _ 4_a - AN ORDINANCE OF VILLAGE OF-KEY-BISCAYNE FLORIDA; AME N 'CrHIPTER 17 "NOISE viLLAGE-CQPS Tq ENHA REGULATIONS AND OTIOPit ON NOISE PROYU I QR PENALTIES PROVE ,Fa01 ,SEY RARI is TY PROV D NG FOR INCLUSION IN cote ROVIDING 1=0R AN EFFEd j k AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 NOISE OF THE vit.LAGE CODE CREATING SECtION 17-8 BURGLAR ALARMS' FOR PENALTIES -PROVIDING FOR SEVERABILITY ING FOR INCLUSION IN CODE, PROVIDING FOR EFFECT1V DATE AN ORDINANCE OF THE VILLAGE OF tri' 1SCAYN ,LORI DA AMENDING SECTION 30-102 "' GOVERNMENTAL USE DISTRICT OF CHAPTER 3b,_"ZONINGI OF THE COD KEYS BISCAYNE, FLORIDA BY D IG A SCSI X OF PERMIT TED USES D REGULATIONS,FOR Pl � ACIES-PRO- VIDING FOR SE E ABIL , PROVIDIN F C .USION IN THE COPE P OIING FOR ANEFFECT AN ORDINANCE OF THE -VILLAGE OF SALINE #‘91Ri DA AMENDII` G SECTION 4-32 a PRO B ATER A 'TI VTY OF CHAPTER 4 BOATS VESSELS AN VATERCRAFT" OF THE CODE OF -KEY BISCAYNE FLORIDA, PROVIDING HA VILLAGE COUNCIL SHALL AUTHORIZE EXCEPTIONS IN LIEU OF VILLAGE MANAGER' PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN1HE CODE PROVIDING FORT AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORI- DA AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 ADMINISTRATION BY AMENDING ARTICL II ENER I AL BY AMENDING SECTION 21 CREATION OF DEPART MENTS AT PARAGRAPH (a) "CREATED , TO REPEAL THE REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DE PARTMENT AND TO INSTEAD CREATE A SEPARATE FIRE RESCUE DEPARTMENT AND A 0L11G DER 11�T PRO- VIDING FOR SEVERABILITY, PROVIDING FOR USION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVEDATE r M A CAPITAL. PROJECT AUTHORIZING S (%I D TFlYE 14 LAGE OF KEY BISCAYNE hh-ORIDA (THE �' GE") CON CERNING THE CONSTRUCTION OF CRAND OULEVARD IMPROVEMENTS PHASE 11 or THE yn 4.AGy THORIZING AND PROVIDING FOR THE VILLAGE TO CO S rRUCT IM PROVEMENTS ON CRANDON BOUL V ► iD ANQTT CERTAIN ROADWAYS IN THE VICINITY OF.V DON BO1 PI,EV ►RD AS DESCRIBED 13EilEtN AUTHORIZING VX ITURE OF FUNDS PROVIDING FOR NOTICE OFORDINA CEAIJOPTJON, PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFEC- TIVE DATE The proposed Ordinances may be inspected by the pu is t the Office of the Village Clerk Interested parties rnll aptiear at theFu t1c Heanng and be heard with "respect to the proposeq Ordirra a -And eLrson wish ing to address the Village Council on anritemt�Iiis'i/bc Heanng is asked to register with the Village Clerk pnor to that item being heard In accordance with Amenoan with Disabilities Ad of 1 io persons who are disabled and who need special accommoloria.3 'ar icipate in this proceeding because of that disability should co act theSMice of the Village Clerk 88 West McIntyre Street SU1te 2220 ICeBisc4yne Ronda 33149 telephone number 005) 365 5506 not later than two business days pnor to such proceeding Should anyperson desire to appeal any -decision of the 'Villa a Council with respect to any matter to be considered at this .meetiing" thaf`'pi rson shall insure that a verbatim record of the proteedings is made including all teatimbny and evidence upon which any appeal may be based (F S 286-0105) }Comments of any interested party relative to this matter may be submit ted in wasting and or presented in person atthe public hearing Conchita H Alvarez CMC Village Clerk 5112, 05-4-66/546539M ORDINANCE NO 2005-7 AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 "NOISE" OF THE VILLAGE CODE BY CREATING SECTION 17-8 " BURGLAR ALARMS", PROVIDING FOR PENALTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council wishes to reduce noise disturbances caused by false burglar alarms, and WHEREAS, the Village Council appointed a Noise Ordinance Review Committee ("the Committee") to consider noise issues and accept public comment, WHEREAS, the Committee has completed its task and has made its recommendations, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2. Code Amended. That the Village Code of the Village of Key Biscayne, Flonda, is hereby amended by creating Section 17-8 "Burglar Alarms," to read as follows ' Sec. 17-8. Burglar Alarms. al Definitions. (a) Burglar Alarm System Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requinng urgent attention and to which the Police Department may reasonably be expected to respond. but does not include fire alarms or alarms installed in motor 1/ Proposed deletions from existing Village Code text are indicated by strtkc through, proposed additions to existing Village Code text are indicated by underline vehicles 02) Burglar Alarm User Any person or other entity that owns. possesses, controls, occupies, or manages any Premises as defined in subsection (d) below () False Burglar Alarm A signal from a Burglar Alarm System that elicits a response by the Police Department when no emergency or actual or threatened cnminal activity requinng immediate response exists This definition includes signals activated by negligence. accident, mechanical failure. and electncal failure, signals activated intentionally in nonemergency situations, and signals for which the actual cause of activation is unknown It is a rebuttable presumption that a burglar alarm is false if personnel responding from the Police Department do not discover any evidence of unauthonzed entry, criminal activity, or other emergency after following normal Police Department procedures in investigating the incident A burglar alarm is not false if the Burglar Alarm User proves that (1) an individual activated the burglar alarm based upon a reasonable belief that an emergency or actual or threatened cnminal activity requinng immediate response existed, (2) the Burglar Alarm System was activated by lightning or an electrical surge that caused physical damage to the system, as evidenced by the testimony of a licensed Burglar Alarm System contractor who conducted an on -site inspection and personally observed the damage to the system, or (3) if the user expenenced a power outage of four or more hours, causing the burglar alarm to activate upon restoration of power, as evidenced by wntten documentation provided by Flonda Power and Light Company or other applicable provider, or (4) the alarm was activated by vandals. Premises The building or structure or portion of a building or structure upon which is installed or maintained a Burglar Alarm System. Registration of a Burglar Alarm System and fee. (a) Registration of Burglar Alarm Systems. All functioning Burglar Alarm Systems which operate at locations within the Village of Key Biscayne shall be registered with the Key Biscayne Pohce Department by the user within 60 days of the effective date of this section or installation of a new Burglar Alarm System. The Burglar Alarm User shall complete and submit to the Police Department an initial registration or an annual registration renewal with the appropnate fee. Initial registration shall be necessary to register any functioning Burglar Alarm System which is not currently registered with the department or upon a change in the user of a Burglar Alarm System. The registration shall indicate the name and telephone number of the owner of the Premises and a person who the Village may contact to disengage a nngmg Burglar Alarm System. b) Registration fee. There shall be an annual registration fee and renewal registration fee of twenty-five dollars ($25.00) for all Burglar Alarm System registrations Separate Burglar Alarm Systems require separate registrations. The 2 registration penod will be for one year No registration fee shall be required for a replacement Burglar Alarm System where there is no change of owner. A Burglar Alarm User shall conspicuously display on the front door or window closest to the door. if accessible from the front door area, a current registration decal. The fine for failure to timely register, renew or display a current decal shall be $100.00. ( Change in registration information. In the event of a change in any of the information required as part of the registration, the user shall notify the Key Biscayne Police Department of the change. An updated registration shall be filed within ten (10) days of any change The fine for failure to timely notify the Village of a change shall be $100.00 al Required equipment in a Burglar Alarm System. A Burglar Alarm System User shall not use a Burglar Alarm System unless that Burglar Alarm System is equipped with. A backup power supply that will become effective in the event of power failure or outage, and (b) A device that automatically silences the alarm within fifteen (15) minutes after activation False Burglar Alarm Prohibited, Penalties. No Burglar Alarm User shall cause. allow, or permit the Burglar Alarm System to give a false alarm. Any authorized Village employee who finds a violation of this subsection shall issue a verbal or written warning to the violator for the first three violations. After the third violation in a calendar year, the authorized Village employee shall issue a citation or civil violation notice imposing a fine in the amount of $250.00. Section 3. Severabihty. That 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 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. Inclusion in the Code. That 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 the Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered 3 to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 26th day of Apnl , 2005 PASSED AND ADOPTED on second reading this 24th day of May , 2005 (it)(,)„, 6 ( , MAYOR ROBERT OLDAKOWSKI AT HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS O FORM AND LEGAL SUFFICIEN VILLAGE ATTORN 0 F \100\103001\Ordmances\Noise Ordinance False Burglar Alarms Final 3 8 05 doc 4 w 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCES MAY 24 2005 ORDINANCE AMENDING CHAPTER 17 NOISE ETC in the XXXX Court was published in said newspaper in the issues of 05/12/2005 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 commi -• or refund for the purpose of securing t► adverts ent for 'ubhcation in the said newspape Sworn to and subscribed before me this 12 day ►0 Y A 05 (SEAL) 0 V FERBEYRE personally known Maria 1 Mesa My Commission DD293855 Expires March 04r 2008 VILLAGEOF KEY BISCAYNE OFFICE E VILLAGE CLERK PUBLIC NOTICE tativ Notice ktereb_y.given thatvthe following ordinances MI be considered on Second,Reading by the. Village Counototthe Village of Key Bisp yne at a meeting to be held on -Tuesday May 24 2005 at 7 00 p m in the Coynpil b I cated t 560 Crandon -Boulevard ---Key Biscayne Florida, AN ORDINANCE OF VILLAGE OF ISCAYNE FLORIDAf AME CHAPTER 17 NOISE" ' VILLAGE -CODE TO ENHA I� REGULATIONS AND RESTRICTIONS ON NOISE, PROYILMISAMP.ENALTIES PROVO Nq FOR SEVERABILL TY PROV D NG FOR INCLUSION IN CODE ROVIDING FOR AN EFFEC AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 17 NOISE OFTHE VILLAGE CODE BY ii CREATING SECTION 17-8 BURGLAR ALARMS", P IDING FOR PENALTIES PROVIDING FOR SEVERABILITY POVID ING FOR INCLUSION IN CODE PROVIDING FOR EFFECTIVE DATE - AN ORDINANCE OF THE VILLAGE 0411SCAYN ORI DA AMENDING SECTION 30-10'2 "GU GOVERNMENTAL USE DISTRICT OF CHAPTER 301 ZONNING" OF THE CODE KEY'l BISCAYNE FttOf IDA, BY ADDING A S ►� OF PERMITTED USES D EGULATI CFHE iNS FOR PUAIL! C'HES- PRO VIDING FOR E�ABI TY,PROVIDING CLUSION IN THE CODE P1i i to FORA iFFEC'f i'' AN ORDINANCE OF THEVILLAGE OF)Kg DA AMEND1 G SECTION 4-32 PROHIBI ` �i ATER AC' VITY OF CHAPTE4 BOATS VESSELS AIMIIIAtERCRA OF THE CODEOFAEY-BISCAYNE, FLORIDA ROVIDING THA VILLAGE COUNCIL -AMU A AUTHOR 1 E Y PROVIDING THAT. VILLAGE COLJNCILSHALL AUTHOR!ZE EXCEPONS IN LIEU OF VILLAGE MANAGER PROVI OR S RABILITY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR1 AN EFFECTIVE -DATE AN ORDINANCE OF THE VILLAGE -OF KEY BISCAYNE, FLORI DA AMENDING THE VILLAGE tbleiTY AMENDI4 CHAPTER 2 ADMINISTRATION -BY AMENDING_ ARTICLE 11I ENER AL BY AMENDING SECTION 2-1 "CREATION OP DEPART MENTS AT PARAGRAPH (a) °CREATED , TO HEPSAL THE REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DE PARTMENT AND TO INSTEAD OREATE A --SEPARATE FIRE RESCUE DEPAR ME, 1T AND LI;� -OEP R NT PRO- VIDING FOR SEVERA ILITY,` DING f� LUSION IN THE VILLAGE CODE,` I OVIDING`FOR EFFEC`iIVV ATE 1 4, • A CAPITAL PRifiadr AUTHQRIZINN . i flit l C E. E VJL LAGE OF KEY BISCAYNE LORIDA TH ' ), C CERNING THE ,pONSTRUCTIOt1 OF CAA BOULEVARD IMPROVEMENTS PHASE If OF. , A IZING AND PROVIDING fOR THE NIL E T? T IM PROVEMENT$ ON_CRANPON SOUL U AND'. (T RTAIN ROADWAYS IN Tti VICINITY b BOtjL AO AS DESCRIBED HER IN AUTHR URE OF FUNDS PROVIDING FOR NeITICt--OF- b(NA CE 4 01MON, PROVIDING FOIE SEVERABILITY,, PROVIDING FOR AN EFFEC- TIVE DATE ti `' 1. The proposed Ordinances may be i rctel by the pu the Office of the Village Clerk Interested pantie ap f ear at th c Heanng sand be h and with re ect to the pro ina a -A son wish ing to address the V'nage CounCi1 on t artfrigi3dtilielleanng is asked to register with the Village Clerk pnor to that item being head In accordance witI Amencan with -Disabilities Alt f Eilpersons who are disabled and who need sQecial,scOmmo t ippte in this prbceeding because of that disabilityttiould a►ct theme of the Village Clerk, 88 West McIntyre Street -StIfter220 1(e1Bisc he Flonda 33149 telephone -number 3305) 365.5506 not later -than business days pnor to suchproceeding Y Should anyperson desire to appeal atiytleaslan t f the:WI Council with respect to any utter to be considered at this aeeti fperson shall insure that averbatim record of thefAleedinos is made riding all testimony and evidence upon which any laiiReal may be based {F S 986 0105) 1,4 Comments of any interestedparty relative to this matter may Submit ted in wasting and orpresent iri person atthe public )i nng Conchita H Alvarez CMC Village Clerk ,. 5/12. _ 05-4-66/546539M ORDINANCE NO 2005-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4-32 "PROHIBITED WATER ACTIVITY" OF CHAPTER 4 "BOATS, VESSELS AND WATERCRAFT" OF THE CODE OF KEY BISCAYNE, FLORIDA, BY PROVIDING THAT VILLAGE COUNCIL SHALL AUTHORIZE EXCEPTIONS IN LIEU OF VILLAGE MANAGER, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to amend Section 4-32 "Prohibited Water Activity" contained in Chapter 4 of the Code of Key Biscayne, Flonda, to provide that the Village Council in lieu of the Village Manager shall have the authonty to grant exceptions for compliance with Section 4-32, and WHEREAS, the Village Council finds that the amendment of Section 4-32 as provided herein is in the best interest of the Village NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2. Village Code Amended That Section 4-32 "Prohibited Water Activity" of the Code of Key Biscayne, Flonda, as adopted by Ordinance No 94-4, is hereby amended to read as follows' Sec 4-32 Prohibited Water Activity No owner, operator or person in command of any Vessel shall permit or operate a Vessel within the area of the Atlantic Ocean, 300 feet east of the Beach from the southern boundary ' Proposed additions to existing Village Code text are indicated by underline, proposed deletions from existing Village Code text are shown by strrkethrough of Crandon Park to the northern boundary of Bill Baggs, Cape Flonda State Park, except as authorized by the Village CouncilManager 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 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 be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Section 5 Effective Date. This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 10th day of May , 2005 PASSED AND ADOPTED on second reading this 24th day of May , 2005 /./7, -6) (4,1,4 MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T I ORM AND LEGAL SUFFICIENC VILLAGE AT 0 -2- w 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ORDINANCES MAY 24 2005 ORDINANCE AMENDING CHAPTER 17 NOISE ETC in the XXXX Court was published in said newspaper in the issues of 05/12/2005 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 commi • • or refund for the purpose of securing t adverts ent for 'ublication in the said newspape (SEAL) P 0 V FERBEYRE personally known Sworn to and subscribed before me this Maria I Mesa My Commission DD293855 tor Expires March 04, 2008 VILE F KEY BISCAYNE OFF1f .E P a VILLAGE CLERK 4 BLIC NOTICE Notice t=eby given that,the following ordL ani;i s will tie �dered on SecondReading-by the VVIlag&CouncuLof he Village of l ey Bisi yn at a meeting to be held onTuesday May 24 2005 at 7 00 pm in th Ooyinptl Icioafedat 460 Grandc�n- Boutev tl- ey BJ ca er Honda �� 1;-‘,*.„ AN ORDINANCE OF VILLAGE OF Y- 3 AME TER 17 "NOISE' ENHA REGULATIONS AND I:1 PRO „PENALTIES ,,PRO_ - TY PROVIDING FOR INCLUSION IN COI" EFFEC CAYNE fLORIDAf ION ON NOM Td ROB SEVERABILla OVIDING FOR AN - AN ORDINANCE OF VILLAGE OF KEY BISCAYNE FLORIDA AMENDING CHAPTER 17 NOISE' Of THE VILLAGE CODE BY CREATING ACTION 17-8 BURGLAR ALARMS'', FOR PENA ES PROVIDING FOR SEVERAB1LU Y D ING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIV DATE 4' w AN ORDINAL CE OF THE VILLAGE OF.dCEY1 ISCAYN LORI DA AMEN LNG SECTION 30-102 "�gIGOVERNMEN L USE DISTRICT OF CHAPTER 3b,1 ZONIING' F THE J O KEY BISCAYNE �,ORIDA BY WINO A sotto** OF PERMIT TED USES t AEGULAT.IONS-1F OR PUBLIC ACHES -PRO VIDING ft/ EERABILITY, PROVIDING F NCLUSION IN PRi�I THE CODE O NG FOR AN EFFECTIV AN ORDINANCE OF THE=VIL GE o YN DA AMENDI * SECTION 4-82_1 PR0� TER A t& OF CHAPTER 4 ' BOATS VESSELS AND ATERCRAFT{ OF THE CODEOF,KEY BISCAYNE-FLORIDA BYPROVIDIN"G. 1A VILLAGE COUNCIL SHALL AUTHORIZE EXCEPTIONS IN LIEU OF VILLAGE MANAGER' PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN E CODE PROVIDING FOR. AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORI--� DA AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 ADMINISTRATION BY AMENDING ARTICLE -IAN -GENER AL BY AMENDING SECTION 2 1 CREATION OF DEPART MENTS AT PARAGRAPH (a) 'CREATED , TO REPEAL THE REFERENCE TO THE CONSOLIDATED PUBLIC SAFETY DE PARTMENT AND TO INSTEAD CREATE A SEPARATE FIRE RESCUE DEPARTMENT AND A J'0 P,AR M 1PE DE ENT PRO VIDING FOR SEVERABILITY, isRMIDING FOR INCLUSION IN THE VILLAGE CODE, PROVIDINGTOR"EFFECTIVEDATE A CAPITAL 1RoJECT AUTHRIZIN THE V LACE OF KEY BISCAYNE, ORIDA�i H j , CERNING THE CONSTRUCTION , yC AND OULEVARD IMPJ OVEMEN i PHASE it of THIF i �, DTHQ I2ING AND PROViDING fah THE ML iE T CONS1*U T IM MOVEMENTS N O AND BOULEVARD ANQ ATCERTAIN ROADWAYS IN E VICINITY bE FNI OWN BOUIRVARD AS DESCRIBED HEREIN `7�3THI iz G - °EXPEIJDITURE OF FUNDS PROVIDING FOR N©110 OF -ORDINANCE 4? OPTJON PROVIDING FOB SEVERABILITY PROVIDING FOR AN EFFEC TIVE DATE The proposed Ordinances may be insppctel by the publicat the Office of the Village Clark Interested parties m apSiear at the Pu itc Heanng and be heard with Te ect to the prop�os �1linagce Any pperson wish ing to address the Village Council on femi at thiePublid Heanng is asked to register with the Village Clerk pnor tothat item being hear== In accordance with Amencan with -Disabilities Act pf 9i61; alt persons who are disabled and who need sPeclataWomm0811.0000000ipate in this pr+bceeding because at that disability should contact the Qiftce of the Village Clerk,` 88 West McIntyre Street -S i1te 220 Key B1 ca' a Fionda 33149 telephone number4.305) 365 5506 not -later than two business days prior toisuch.proceeding t Should anyperson desire to appeal any 'decision of the Villa a Council with respect to any matter to be consideredat this meeting VW' parson shall insure that a verbatim record of theproteedings is made including all testimony and evidence upon= which any appeal may be based (F S 286-0105) 1 Comments of any interestedparty relative to this matter may be submit ted in writing and or presented in person at the public heann.g Conchita H Alvarez CMC Village Clerk 5/1 Z 05-486/546539M ORDINANCE NO 2005-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-102 "GU GOVERNMENTAL USE DISTRICT" OF CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA, BY ADDING A SCHEDULE OF PERMITTED USES AND REGULATIONS FOR PUBLIC BEACHES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to amend the Zoning and Land Development Regulations contained in Chapter 30 of the Code of Key Biscayne, Flonda, for the purpose of protecting the public beach areas and the public's nght of access to the public beach areas within the jurisdictional limits of the Village, and WHEREAS, the Village has reevaluated the zoning regulations applicable to the Government Use Distnct of the Village Zoning and Land Development Regulations, and has determined that certain changes should be made to those regulations, and WHEREAS, the Local Planning Agency at a duly called public meeting has heard and recommended the adoption of this Ordinance as consistent with the Village Comprehensive Plan, and WHEREAS, this proposed Ordinance has been properly noticed and heard in conformance with Section 166 041, Flonda Statutes and in conformance with the Village Zoning and Land Development Regulations, and WHEREAS, the Village Council finds that this Ordinance will promote the health, safety and welfare of the citizens of the Village NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Page 1 of 7 Section 1 Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2 Amendments to Section 30-102 That Section 30-102 "Government Use Zoning Distnct" of Chapter 30 "Zoning" of the Code of Key Biscayne, Flonda is hereby amended as follows' Sec 30-102 GU Government Use Distnct (b) Purpose and Uses TABLE INSET District Purpose Main Permitted Uses Conditional Uses Accessory Uses Prohibited Uses This district is designed to permit land owned by a governmental entity to be .ased for any public purpose and certain Governmental Buildings and facilities such as but not limited to schools offices post offices parks open space community centers recreational buildings ponce and fire stations Recreational activities as None Any Use customanly associated with the Main Permitted Use (See sects n-30 111) Any Use not listed as a Main Permitted Use Conditional Use or Accessory Use (See section 30 113) 'muted pnvate activities descnbed in subsection (e) (e) Permitted Recreational Activities. Subject to the approval of a Beach Management Plan pursuant to subsection (f) and the supplementary regulations in subsection (g) the activities as descnbed below shall be considered Main Permitted Uses on lands within the GU Distnct which are 1/ Proposed additions to existing Village Code text are indicated by underlme proposed deletions from existing Village Code text are shown by strtketbrottgh Page 2 of 7 seaward of the Erosion Control Line (as identified in Section 1 03 of the Village Charter) where such activities occur as ancillary and supportive of principal uses conducted on the upland contiguous pnvately owned property Type of Upland Upland Upland Recreational Hotel Private Beach Multi -Family Activities Club Residential Use of lounges/ Yes Yes Yes chairs/umbrellas Food and Beverage Yes Yep NQ Service Special Events' Yes Yes Yes Use of Non -Motorized Yes Yes No3 Vessels2 1 Special Events shall be limited to the following organized athletic events. meetings. parties. weddings. fireworks displays. or professional film activities and shall be subject to obtaining a Special Event Permit pursuant to Section 17-5 of the Village Code Up to six (6) non -motorized Vessels (as defined in Section 327 02(37). Florida Statutes) shall be permitted for use in conjunction with and as accessory to hotels of at least 250 rooms or private beach clubs They shall be operated only through an approved channel authorized under Section 4-32 of the Village Code. and shall be uniformly marked and painted in a uniquely identifiable manner associated only with the hotel property or private beach club Additionally. except for an authorized rescue vessel approved under Section (g)(9) below, the use of motorized vessels is absolutely prohibited 3 Nothing in this section shall be construed or interpreted to preclude individual Village residents from the legal use and enjoyment of the public beach area. or deny or impair the common law riparian rights of persons owning property which fronts the public beach area. or to require that individual residents (including specifically residents within any multifamily apartment buildino) obtain an approved Beach Management Plan for such activities (f) Beach Management Plan Approval. As a condition to the establishment, use and operation of any of the uses listed in section (e) above (except for Special Events which require a Special Event Permit), a plan for the proposed use and operation (Beach Management Plan) shall be submitted and approved by the Village. Except for the use of lounges, chairs and umbrellas, all Beach Management Plans shall require the approval of the Village Council after a public hearing noticed in accordance with Section 30-68 of the Village Code Beach Management Plans for the use of lounges, chairs and umbrellas shall be approved by the Village Manager. In the approval, the Village Manager or Village Council must find that the proposed activity(ies) comply with the requirements of this section and do not constitute a threat to public safety or welfare or constitute a danger or impediment to the public beach area. The Village Council or the Village Manager shall impose reasonable restrictions and conditions on the approval of the Beach Management Plan in order to preserve the health, safety and welfare of the Village residents. Violation of any provision of the approved Beach Management Plan automatically results in the revocation the Beach Management Plan approval. Nothing in this section shall be construed or interpreted to preclude individual Village residents from Page 3 of 7 the legal use and enjoyment of the public beach area. or deny or impair the common law npanan nghts of persons owning property which fronts the public beach area, or to require that individual residents (including specifically residents within any multifamily apartment building) obtain an approved Beach Management Plan for such activities. (1) Beach Management Plan Application and Procedures In a form provided by the Village, all Beach Management Plans shall be submitted to the Village Manager and shall contain the following information a. A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies). structures. garbage containers, storage areas and where the use of Vessels is proposed, the proposed location of a channel to be approved by Village Council pursuant to Section 4-32 of the Village Code, b If applicable, the number of proposed Vessels, c Proposed hours of operation, d. Proposed safety & emergency plans, e If applicable, storage, hours of use and method of fueling of an all terrain vehicle authonzed under Section (g)(10) below, f. Indemnity and Insurance (with Village as additional insured) in a form and amount approved by Village Attorney, g. Proof of ownership of adjacent upland property or wntten authorization from upland property owner, h Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code, 1 Any additional information as reasonably required by the Village Manager. (g) Supplementary Regulations. The recreational activities identified in subsection (e) shall be subject to the following restnctions. (1) All activities shall be conducted as accessory to the adjacent contiguous upland property. (2) It is prohibited to conduct the sale or rental of any equipment or food and beverage item associated with any permitted activity upon the public beach. The sale or rental shall only be conducted upon the associated upland private property. Page 4 of 7 (3) None of the permitted activities shall be conducted or maintained outside of the property area contained within the extension of the side lot lines of the upland property as they extend seaward toward the waterline. (4) Activities adjacent to the upland hotel and pnvate beach club properties shall be setback twenty (20) feet from the adjacent nrone side lot lines as extended seaward toward the waterline. (5) Activities adjacent to the upland multi -family residential properties shall be setback (100) feet from the adjacent property side lot lines as extended seaward toward the waterline. (6) None of the permitted activities including the storage of any equipment shall be maintained or conducted within five (5) feet of the dune as defined pursuant to Section 161 54, Flonda Statutes., or within fifteen (15) feet of the waterline, unless overnight storage on the pubhc beach is approved pursuant to a Beach Management Plan (7) Except for one (1) corporate insignia, no larger than twenty (20) square inches identifying the applicant or the upland property owner, commercial advertising shall be prohibited on all equipment associated with any approved activity. (8) Except as approved pursuant to a Special Event Permit hours of operation shall be limited to between sunup and sundown each day and all equipment, furniture, and temporary structures (if any) shall be removed from the public beach by sundown each day unless overnight storage on the public beach is approved pursuant to a Beach Management Plan. This limitation shall not apply to the use of chairs and lounges for viewing fireworks displays on Independence Day or New Year's Eve. (9) The use of non -motorized vessels shall be prohibited without the onsite provision of one (1) personal watercraft as defined in Section 327.02, Florida Statutes. maintained in good working condition and available at all times for emergency rescue purposes. The personal watercraft shall have a four stroke engine or best available technology, be equipped with an operational marine radio or wireless phone, and shall satisfy all U.S. Coast Guard safety requirements. (10) Except for an unenclosed motonzed all terrain vehicle approved pursuant to a Beach Management Plan, it is prohibited to use or operate or to allow another to use or operate upon, or along the public beachor upon any beach or shoreline or waters adjacent thereto. any motonzed vehicle. The private use of an all terrain vehicle must be limited in use to the loading and unloading of equipment permitted under an approved Beach Management Plan. This prohibition shall not apply to any murucipa, county or state vehicle. or to any vehicle or equipment authonzed by the Village to be used or operated for a pubhc purpose. Page 5 of 7 (11) Approval of a Beach Management Plan does not exempt user from adhenng to all local, state and federal statutes and regulations and requirements, including, but not limited to, Article 11 "Occupational License Tax" of Chapter 25 "Taxation" of the Village Code (e)(bj Change Upon Sale or Lease Expiration Upon the sale (or expiration of a long term lease) of GU land that was owned (or leased) by the Village, the Village Council shall change the zoning distnct designation pursuant to the procedures established in this section (flu Conflict Except as provided herein, Tlhis section shall be the exclusive regulation governing lands designated GU, and to the extent that it conflicts with any other section of this chapter, this section shall control 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. Inclusion in the Code That 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 the Key Biscayne, Flonda, 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 appropnate word Section 5 Effective Date This Ordinance shall become effective sixty (60) days after adoption on second reading PASSED AND ADOPTED on first reading this 26th day of April , 2005 PASSED AND ADOPTED on second reading this 24th day of May , 2005 Page 6 of 7 ATT T A(1 NCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED A TO FORM AND LEGAL SUFFICIE V AGE TO Y Page 7 of 7 1Vtetett_ (41, MAYOR ROBERT OLDAKOWSKI the 3 ra1b el Noovo Herald www herald com www elherald com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared OLGA L ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami m Dade County, Flonda, that the attached copy of advertisement was published m said newspaper m the issues of 110 ikkicx,yyv 1(q. raid Apr6 / g, 70a s p1i46 58 Affiant further says that the said The Miami Herald is a newspaper published at Miami in the said Dade County Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami m said 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 has neither paid nor promised any person, firm or corporation any discount, rebate, comnussion or refund for the purpose of securing this advertisement for publication m the said newspape s(s) Sworn to an47ubscnbed before me this My Commission Expires e day of "pry L 2005 eve,()D Notary 1 F(,�, llt, ManaN Lieiit'�indez $,b,��,gY c' Conhr,iss*a #1)D 146171 Elt ' �- Expires Oct 07, 2006 Bonded Thru 4±,°�; `� Atlantic Bondirg Co Inc r c avai nue )art If of Ipz og clt} ng ass en! NOTICE WWW HERALD COM METRO & STATE that cant be carried because Cuba gene refuses to take back exil Aboy has been link investigators to the Wasi Rd) Ouiuvdtl ueputy L.Ie11% )RATION AND ANNEXATION Slash 1NITY MEETING InNOTICESlents the upcoming theg notices of Municipal fl5gC) and other incorporation and annexation related meet e appointed by the Board of County Commissioners to esire and viability of creating one or more municipalities trees ltg Notice for the Week of 95,2005 through April 22, 2005 Save mom se �e Charter Commission Meeting ' eN a April 18 2005 Time 6 30 PM Regional Library 10750 SW 211 Street Auditorium bst SW 184 St easternmost Biscayne National Park 2 St westernmost SW 112 Ave (Allapattah Road) ty Commissioners Regular Meeting C April 19 2005 Time 9 30 A Public Heanng will beun C. �► *�.,s Chambers located on th 111 N W First Street Mi consider an ordinance to District (CDD) The distn a Charter Commission Meeting theoretical S S W 58t 58th an ite April 21 2005 Time 6 30 PM and 62nd Streets on the , Regional Library 10750 SW 211 Street Conf Room on the east and theoret{ost SW 184 St easternmost Biscayne National Park on the west The distnc132 St westernmost SW 112 Ave (Allapattah Road) County THEO Sr en Florida City Annexation 2nd Floor d T °•mmendation rig Ordinance for proposed Ong Notice for the Week of 2005 through April 29, 2005 TRACT = e Charter Commission Meeting to April 25 2005 Time 6 30 PM e Regional Library 10750 SW 211 Street Auditorium THE° SW Vanes northernmost SW 184 Street ayne National Park southernmost SW 232 Street CRESTVIEInost SW 112 Avenue (Allapattah Road) COMMUNITY DEVELOPMEtsher Island MAC Meeting ate April 27 2005 Time 6 00 PM un 1 Fisher Island Drive Tennis Center The proposed CDD wiles Unincorporated areas of Fisher Island infrastructure services and maintenance for trlge Charter Commission Meeting The development planate April 28 2005 Time 6 30 PM construction of 120 sire Regional Library 10750 SW 211 Street Conf Room drainage and water anc+dar►es northernmost SW 184 Street NI interested parties nayne National Park southernmost SW 232 Street specified most SW 112 Avenue (Allapattah Road) A person who decides I or commission with reayne Gardens MAC Meeting hearing will need a relate April 28 2005 Time 7 00 PM to ensure that a verbati1e Gardens Elementary School 560 NW 151 Street rnmost NE 167th St easternmost NE 18th Ave testimony and evidencty of North Miami westernmost NW 17th Avenue Miami Dade County i employment and does programs or services n regarding any of these meetings please call any one of interpreter or other ac er Velar 305-375 5468 Sara Inge at 305 375-2014 Odell Ford at four days in advance nguez at 305 375 2820 Robert Kirschbaum at 305 375 5368 375-4306 Id open to the public For sign language interpreter services ess►ble format call Regina Mizell at 305 375 5 117 F MONDAY APRIL 18 2005 I 5B VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK NOTICE OF PROPOSED ZONING DISTRICT CHANGE The Village of Key Biscayne proposes to adopt the following ordinance AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-102 "GU GOVERNMENTAL USE DISTRICT" OF CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA, BY ADDING A SCHEDULE OF PERMITTED USES AND REGULATIONS FOR PUBLIC BEACHES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE Please be advised that the Village Council of the Village of Key Biscayne, sitting as the Local Planning Agency, will hold a public hearing on Tuesday, April 26, 2005 at 7 00 p m , in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida to consider making a recommendation to the Village Council on the proposed ordinance Immediately following the Local Planning Agency meeting, the Village Council of the Village of Key Biscayne in the Council Chamber will consider at a public hearing the adoption of the proposed ordinance on first reading A copy of the propeoed ordinance may be obtained at Village Hall, Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149 Interested parties may appear at the public hearings and be heard with respect to the proposed ordinance In accordance with the Americans with Disabilities Act of 1990 all persons who are disablea 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 Local Planning Agency or 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 (FS 286 0105) Conchita H Alvarez CMC Village Clerk 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 ddvertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCES MAY 24 2005 ORDINANCE AMENDING CHAPTER 17 NOISE ETC in the XXXX Court was published in said newspaper in the issues of 05/12/2005 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 commi • or refund for the purpose of securing t► adverts ;f ent for ►ublication in the said newspape (SEAL) Sworn to and subscribed before me this 0 V FERBEYRE personally known Maria 1 Mesa My Commission DD293855 Expires March 04, 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday May 24 2005 at 7 00 p m in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Florida AN ORDINANCE OF VILLAGE OF KEY-BISCAYNE FLORIDA] AMENDING CHAPTER 17 "NOISE OF THE VILLAGE CODE TO ENHANCE REGULATIONS AND RESTRICTIONS ON NOISE PROVIDING-EOR PENALTIES PROVIDING FOR SEVERABILN TY PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECflVrbATE AN ORDINANCE OF VILLAGE OF KEY BISCAYNE FLORIDA AMENDING CHAPTER 17 NOISE OF THE VILLAGE CODE BY CREATING SECTION 17-8 BURGLAR ALARMS PROVIDING FOR PENALTIES PROVIDING FOR SEVERABILITY PROVID- ING FOR INCLUSION IN CODE PROVIDING FOR EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORI- DA AMENDING SECTION 30-102 GU GOVERNMENTAL USE DISTRICT OF CHAPTER 3b "ZONING OF THE CODE OF KEY BISCAYNE, FLORIDA BY ADDING A SCHEDULE OF PERMIT TED USES AND REGULATIONS FOR PUBUC BEACHES PRO VIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORI DA AMENDI*G SECTION 4-32 "PROHIBITED WATER ACTIVITY "OF CHAPTER 4 "BOATS, VESSELS AND WATERCRAFT" OF THE CODE OF KEY BISCAYNE, FLORIDA, BY PROVIDING THAT VILLAGE COUNCIL SHALL AUTHORIZE EXCEPTIONS IN LIEU OF VILLAGE MANAGER PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN TIE CODE PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORI- DA AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 ADMINISTRATION", BY AMENDING ARTICLE 1 "IN GENER- AL BY AMENDING SECTION 2 1 "CREATION OF DEPART MENTS AT PARAGRAPH (a) "CREATED" TO REPEAL THE REFERENCE TO THE CONSOLIDATED "PUBUC SAFETY DE PARTMENT AND TO INSTEAD CREATE A SEPARATE FIRE RESCUE DEPARTMENT AND A POLICE DEPARTMENT PRO- VIDING FOR SEVERAB1LITY PROVIDING FOR INCLUSION IN THE VILLAGE CODE PROVIDING FOR EFFECTIVE DATE A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VIL LAGE OF KEY BISCAYNE FLORIDA (THE VILLAGE) CON CERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS PHASE 11 OF THE VILLAGE AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT IM PROVEMENTS ON ORANDON BOULEVARD AND AT CERTAIN ROADWAYS IN THE VICINITY OF CRANDON BOULEVARD AS DESCRIBED HEREIN AUTHORIZING EXPENDITURE OF FUNDS PROVIDING FOR NOTICE OF ORDINANCE ADOPTION PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFEC TIVE DATE The proposed Ordinances may be inspected by the public at the Office of the Village Clerk Interested parties may appear at the Public Heanng and be heard with respect to the proposed Ordinance Any person wish ing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk pnor to that item being heard In accordance wrtf Amencan 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 pnor 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 alt 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 submit ted in wnting and or presented in person at the public heanng Conchita H Alvarez CMC Village Clerk ,. 5/12 05-4-66/546539M ORDINANCE NO 2005-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 2 03 "ELECTION AND TERM OF OFFICE" AND SECTION 5 01 "ELECTIONS", REVISING CHARTER PROVISIONS WHICH CURRENTLY PROVIDE FOR A TWO (2) YEAR TERM OF OFFICE FOR COUNCIL MEMBERS TO PROVIDE FOR A FOUR (4) YEAR TERM OF OFFICE FOR COUNCIL MEMBERS AND TO INCLUDE PROVISIONS PROVIDING FOR TRANSITION FROM THE TWO (2) YEAR TERM TO THE FOUR (4) YEAR TERM AND PROVIDING FOR STAGGERED TERMS OF OFFICE BY REQUIRING THAT THE THREE COUNCIL MEMBERS WHO RECEIVE THE MOST VOTES AT THE 2006 COUNCIL ELECTION SHALL BE ELECTED FOR A FOUR (4) YEAR TERM OF OFFICE AND THE REMAINING THREE (3) COUNCIL MEMBERS WHO ARE ELECTED IN 2006 SHALL RECEIVE A TWO (2) YEAR TERM OF OFFICE, RETAINING TWO (2) YEAR TERM OF OFFICE FOR MAYOR, AND PROVIDING FOR ELECTIONS TO BE HELD IN EACH EVEN -NUMBERED YEAR AFTER 2006 FOR MAYOR AND THREE COUNCIL POSITIONS, CALLING AN ELECTION ON PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON A DATE WHICH IS SET BY RESOLUTION OF THE VILLAGE COUNCIL, PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE CHARTER AMENDMENT SET FORTH HEREIN, PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROVIDING FOR PROCEDURE FOR BALLOTING, PROVIDING FOR NOTICE OF ELECTION, PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 6 02(a)(i) of the Charter of the Village of Key Biscayne provides that the Council may, by Ordinance, propose amendments to the Charter, subject to approval by the electorate at the next general election or at a special election called for such purpose, and WHEREAS, the Council has determined to submit proposed Charter amendments for approval or disapproval by the electors, as provided in this Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS 1 Section 1 Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed Section 2. Charter Amended That Section 2 03 "Election and Term of Office" and Section 5 01 "Elections" of the Village Charter, are amended by revising those Sections to read, as follows Section 2 03 Election and Term of Office Each Council Member and the Mayor shall be elected at -large for a two (2) year term by the electors of the Village in the manner provided in Article V of this Charter However, beginning with the 2006 elections, a transition shall commence in the length of the term of office by providing for Council Members to be elected at -large for a four (4) year term by the electors of the Village in the manner provided in Article V of this Charter In order to create and maintain staggered terms which provides continuity in the legislative branch of government, there shall be a transition made from two (2) year terms to four (4) year terms. This transition from a two (2) year term to a four (4) year term of office shall be accomplished by providing that the three (3) Council Members receiving the most votes at the 2006 election shall receive four (4) year terms of office and the remaining three (3) Council Members who are elected at the 2006 election shall receive two (2) year terms of office The Mayor shall continue to be elected for a two (2) year term. No person shall serve as Mayor for more than two (2) consecutive elected terms, and no person may serve on the Council, or as any combination of Mayor and Council Member, for more than eight (8) consecutive years Section 5 01 Elections (a) Electors Any person who is a resident of the Village, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the Village ' / Underlined text is proposed to be added to existing Charter text, strrkethrough text is proposed to be deleted from the existing Charter text 2 (b) Nonpartisan elections All elections for the offices of Councilmember and Mayor shall be conducted on a nonpartisan basis (c) Election date A pnmary election shall be held in each even -numbered year on the first Tuesday following the first Monday of October A regular election shall be held in November of each even -numbered year, on the same day U S congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday of November of that year Notwithstanding any contrary provisions of this section, the Village Council may, by ordinance enacted pursuant to Section 100 3605(2), Flonda Statutes, or independent of such statutory basis by virtue of the enabling authonty provided in this subsection (c), from time to time, change the dates for conducting pnmary, regular and special elections for the election of the Mayor and/or Village Council and provide for the orderly transition of office resulting from such date changes (d) Primary elections 1 2006 Primary election This paragraph 1 shall apply only to the 2006 pnmary election. There shall be no pnmary election for Mayor if no more than two candidates qualify to run for the office of Mayor There shall be no pnmary election for Council if no more than twelve candidates qualify to run for the six Council positions In the event that a pnmary election is not necessary, as descnbed above, the qualified candidates' names shall be placed on the regular election ballot, unless otherwise specified by paragraph (h) below The ballot for the pnmary election shall contain the names of all qualified candidates for Mayor and for each of the six (6) Council positions, and shall instruct electors to cast one (1) vote for Mayor and no more than six (6) votes for Council, with a maximum of one (1) vote per candidate 2 2008 and subsequent primaries This paragraph 2 shall apply only to pnmary elections held in 2008 and thereafter There shall be no pnmary election for Mayor if no more than two candidates qualify to run for the office of Mayor. There shall be no pnmary election for Council if no more than six candidates qualify to run for the three (3) Council positions In the event that a pnmary election is not necessary. as descnbed above. the qualified candidates' names shall be placed on the regular election ballot, unless otherwise specified by paragraph (h) below The ballot for the primary election shall contain the names of all qualified candidates for Mayor and for each of the three (3) Council positions, and shall instruct electors to cast one (1) vote for Mayor and no more than three (3) votes for Council, with a maximum of one (1) vote per candidate. (e) Regular Elections 1 2006 regular election This paragraph 1. shall apply only to the 2006 regular election The ballot for the regular election shall contain the names of the two candidates for Mayor who received the most votes in the pnmary election The ballot for the regular election shall also contain the names of the twelve candidates for Council who received the most votes in the pnmary election The ballot shall instruct electors to cast one vote for Mayor and to cast a number of votes for the Council not greater than the number of the six (6) contested Council positions, with a maximum of one vote per candidate The candidate for Mayor receiving the most votes shall be the duly elected Mayor The six (6) candidates for Council receiving the most votes shall be duly elected to the six (6) positions on the Council 2 2008 and subsequent regular elections This paragraph 2. shall apply only to regular elections held in 2008 and thereafter The ballot for the regular election shall contain the names of the two candidates for Mayor who received the most votes in the pnmary election. The ballot for the regular election shall also contain the names of the six (6l candidates for Council who received the most votes in the pnmary election The ballot shall instruct electors to cast one vote for Mayor and to cast a number of votes for the Council not greater than the number of the three (3) contested Council positions. with a maximum of one vote per candidate The candidate for Mayor receiving the most votes shall be the duly elected Mayor, The three (3) candidates for Council receiving the most votes shall be duly elected to the three (3) positions on the Council ( Special elections Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter (g) Tie Votes If the pnmary election results in two or more candidates receiving a tie vote such that the number of candidates to be placed on the ballot for the regular election would exceed the limitations in subsection (e), all candidates receiving a tie vote shall be listed on the ballot for the general election and the limitations in subsection (e) shall not apply If a tie vote occurs in the regular election between two or more candidates for either the office of Mayor or Councilmember, the tie vote shall be decided by lot under the direction of the Village Clerk (h) Single candidates In the event that the number of persons who qualify as candidates for the Council Member positions to be filled at an election is equal to or less than the number of positions to be filled at such election, those positions shall not be listed on the pnmary or regular election ballot No election for Mayor shall be required in any election if there is only one duly qualified candidate for Mayor The duly qualified candidates shall be deemed elected (Z) Absentee votes Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescnbed by ordinance from time to time, provided, however, that no ordinance shall limit the nght to vote by absentee ballot available under State law 6) Commencement of terms The term of office of any elected official will commence seven (7) days following the day of the regular election or special election at which s/he is elected Section 3 Form of Ballot The form of ballot for the Charter amendment provided for in Section 2 of this Ordinance shall be, as follows "Term of Office of Council Members. The Village Charter provides for Council Members to be elected for terms of two years A Charter amendment is proposed which provides for Council Members to be elected for terms of four years, with the transition of term length being made at the 2006 and 2008 elections, so that the expiration of Council terms is staggered The Mayor shall continue being elected for terms of two years Shall the above-descnbed Charter amendment be adopted9 YES [ NO [ 1 r Section 4 Election Called, Ballot, Notice, etc a The Village Council shall by Resolution timely call an election to present to the electors of the Village the Charter amendment ballot question provided in Section 3 above b The balloting shall be conducted between the hours of 7 00 a m and 7 00 p m at the regular polling places for Village elections or as otherwise provided by law All qualified electors residing within the Village who are timely registered shall be entitled to vote 5 c Notice of said election shall be published in accordance with Section 100 342, Flonda Statutes, in a newspaper of general circulation within the Village at least thirty (30) days pnor to said election, the first publication to be in the fifth week pnor to the election, and the second publication to be in the third week pnor to the election, and shall be in substantially the following form "NOTICE OF ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN ENABLING ORDINANCE AND RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE"), AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON , THE _DAYQF , 200 BETWEEN THE HOURS OF 7 00 A M AND 7 00 P M , AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE "Term of Office of Council Members The Village Charter provides for Council Members to be elected for terms of two years A Charter amendment is proposed which provides for Council Members to be elected for terms of four years, with the transition of term length being made at the 2006 and 2008 elections, so that the expiration of Council terms is staggered The Mayor shall continue being elected for terms of two years Shall the above-descnbed Charter Amendment be adopted? YES [ 11 NO [ 1" Polling place information and the full text of the enabling Ordinance are available at the Office of the Village Clerk VILLAGE CLERK" 6 The Council may by Resolution revise the Ballot question and corresponding Notice of Election which are set forth above Notices of Election for any other Charter amendments may be combined with this Notice of Election by the Village Clerk d The registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until the date at which the registration books shall close in accordance with the provisions of the general election laws e The Village Clerk, with necessary assistance from the Miami -Dade County Supervisor of Elections, is hereby authonzed to take all appropriate actions necessary to carry into effect and accomplish the electoral provisions of this Ordinance The Village Clerk is authonzed to arrange for early voting as authonzed by law f This election shall be canvassed by the Village Clerk in accordance with the provisions of Section 2-102 of the Village Code and any applicable provisions of the general election laws or by the County Canvassing Board at the request of the Village Clerk g Copies of this Ordinance are available for public inspection during regular business hours at the Office of the Village Clerk Section 5 Effectiveness of Charter Amendment The Village Charter Amendment described in Section 2 above, shall only be effective if a majority of the qualified electors of the Village voting at the Charter amendment election held for such purpose, pursuant to Sections 3 and 4 hereof, vote for its adoption, and shall be considered adopted and effective upon certification of the election results as provided herein Section 6 Severabilrty The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, 7 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 7 Inclusion in the Charter It is the intention of the Village Council, and it is hereby ordained that the provisions of Section 2 of this Ordinance shall become and be made a part of the Charter of the Village of Key Biscayne, Flonda, as to any Charter amendment measure approved by a majonty of voters voting on such measure in such election, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, that the word "Ordinance" shall be changed to "Section" or other appropnate word Section 8 Effective date Following adoption of this Ordinance on second reading, this Ordinance shall be effective immediately upon the adoption of a Resolution which sets the date of the Charter amendment election Any Charter amendment measure provided herein shall be effective only upon approval of a majonty of electors voting on the measure, effective upon certification of the election results, and shall be applicable to elections conducted commencing in 2006 as provided herein PASSED AND ADOPTED on first reading this 12th day of Apnl , 2005 PASSED AND ADOPTED on second reading this 10th day of May , 2005 /k2(cL , L - MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS ' OORM AND LEGAL SUFFICIENC VILLAGE AT F /103 001 /Ordinances/ a ing Section 2 03 Election and Term of Office 3 18 05 8 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Miami Dade County Flonda STATE OF FLORIDA COUNTY OF MIAMI DADE Before the undersigned authority personally appeared O V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 Honda that the attached copy of aovertiscr^er + being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE MAY 10 2005 ORIDNANCE AMENDING SECTION 2 03 ETC in the XXXX Court was published in said newspaper in the issues of 04/28/2005 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 tl s(advert' - e for publication in the said newspape Sworn to and subscribed before me this 28 d p---A-1D--2a._)_ (SEAL) 49.,0Y Maria i Mesa 0 V FERBEYRE personally 'lo f. me Commission D0293855 or Expires March 04 2008 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 May 10 2005 at 7 00 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 203 ELECTION AND TERM OF OFPICE AND SECTION 5 01 ELECTIONS REVISING CHARTER PROVISIONS WHICH CURRENTLY PROVIDE FOR A TWO (2) YEAR TERM OF OFFICE FOR COUNCIL S TO PROVIDE FOR A FOUR (4) YEAR TERM OF 1E FOR COUNCIL MEM8RS AND TO INCLUDE PROVISIONS PROVIDING FOR TRANSITION FROM THE TWIQ' YEAR TERM TO THE FOUR (4) YEAR TERM AND PROVIDING FOR STAGGERED TERMS OF OFFICE BY NG THAT THE THREE COUNCIL MEMBERS WHO EIVE THE MOST' VOTES AT THE 2006 COUNCIL ELECII SpiAti. BB ELECTED FOR A FOUR (4) YEAR TERM Or OFFICE AND THE REMAINING THREE (3) COUNCIL MEM8EI S WHO ARE ELECTED IN 2006 SHALL RECEIVE A TWO I YEAR TERM OF OFFICE RETAINING TWO (2) YEAR T PROVIDING FOR NUMBERED YEAR A OFFICE FOR tiI AYOR AND TO BE HELD IN EACH EVEN 2006 FOR MAYOR AND THREE COUNCIL POSITIONS O/ItLL NG AN ELECTION ON PRO POSED AMENDMENTS TO THE 'VILLAGE CHARTER TO BE HELD ON A DATE WHICH IS SET BY RESOLUTION OF THE VILLAGE COUNCIL PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE CHARTER AMENDMENT SET FORTH HEREIN PROVIDING FOR REQUISITE BALLOT LANGUAGE PROVIDING FOR PROCEDURE FOR BALLOTING PROVIDING FOR NOTICE OF ELECTION, PROVIDING FOR INCLUSION IN THE CHARTER 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 rtem at this Public I4anng is asked to register with the Village Clerk pnor to that item being heard In accordance with the Amencans 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 Flonda 33149 telephone number (305) 365 5506 not later than two business days pnor 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 wnting and or presented in person at the public heanng Conchita H Alvarez CMC Village Clerk 4/28 05-4 42/540660M ORDINANCE NO 2005-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 OF THE VILLAGE CODE, "ADMINISTRATION," ARTICLE III, "CODE ENFORCEMENT," AMENDING SECTION 2-31, "DEFINITIONS," AMENDING SECTION 2-32, "CIVIL OFFENSES AND PENALTIES," AMENDING SECTION 2-33, "QUALIFICATIONS OF SPECIAL MASTERS, APPOINTMENT AND REMOVAL, COMPENSATION," AMENDING SECTION 2-34, POWERS OF SPECIAL MASTERS," AMENDING SECTION 2-35, "VILLAGE ATTORNEY TO SERVE AS COUNSEL," AMENDING SECTION 2-36, "AUTHORITY TO INITIATE ENFORCEMENT PROCEEDINGS," AMENDING SECTION 2-37, "ENFORCEMENT PROCEDURES," DELETING SECTION 2-38, "CONTENTS AND SERVICE OF WARNING," AMENDING SECTION 2-39, "CONTENTS AND SERVICE OF NOTICE," AMENDING SECTION 2-40 "RIGHTS OF VIOLATORS, PAYMENT OF FINE, RIGHT TO APPEAL, FAILURE TO PAY AND CORRECT OR TO APPEAL," AMENDING SECTION 2-41, "SCHEDULING AND CONDUCT OF HEARING," AMENDING SECTION 2-42, "CIVIL PENALTIES AND RELATED TERMS CONSTRUED," AMENDING SECTION 2-43, "RECOVERY OF UNPAID CIVIL PENALTIES, UNPAID PENALTY TO CONSTITUTE A LIEN, FORECLOSURE," AMENDING SECTION 2-44, "APPEALS OF SPECIAL MASTER'S ORDER," AMENDING SECTION 2-46, "ADDITIONAL ENFORCEMENT POWERS," AND DELETING SECTION 2-47, "SCHEDULE OF CIVIL PENALTIES" OF THE VILLAGE CODE, ADOPTING AN ALTERNATE CODE ENFORCEMENT SYSTEM, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE VILLAGE CODE, PROVIDING FOR EFFECTIVE DATE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS 1 Section 1 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-31, "Definitions" of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-31 Definitions ' 1 Additions to existing Village Code text are indicated by underlining, deletions from Village Code text are indicated by strtkethrough The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning anagcr * * * * * * Special MxsterMagistrate means a person appointed pursuant to section 2-33 * * * -Warmng-means-a-wntten-Warnmrssued-to-a-vrotatortir accordance Section 2 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-32, "Civil offenses and penalties" of the Code of the Village of Key Biscayne, Florida, is hereby amended to read as follows Sec 2-32 Civil offenses and penalties A violation of the Code shall constitute a civil offense punishable by civil penalty in the amount prescribed in section 2-47, as may be 2-42 Section 3 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-33, "Qualifications of Special Masters, appointment and removal, compensation" of the Code of the Village of Key Biscayne, Florida, is hereby amended to read as follows Sec 2-33 Qualifications of Special MastersMagistrates, appointment and removal, compensation (a) Appointments of Special MastersMagistrates shall be made by the Mayor as needed on the basis of experience or interest in code enforcement Such appointments shall be submitted to the Council for ratification (b) Special MastersMagistrates shall be residents of the Village and shall possess outstanding reputations for civic pnde, interest, integrity, responsibility and business or professional ability 2 (c) Appointments shall be made for a term of one year Special MastersMagistrates may be reappointed at the discretion of the Mayor, subject to ratification by the Council (d) Special MastersMagistrates shall not be Village employees but mar be-eompensatecl-at-a-rate-to-be-detertrtmed-bradmmrstrattve order. and shall serve without compensation Section 4 That Chapter 2, "Admimstration," Article III, "Code Enforcement," Section 2-34, "Powers of Special Masters" of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-34 Powers of Special MastersMagistrates Special MastersMagistrates shall have the power to (1) Adopt rules for the conduct of hearings (2) Subpoena Violators and witnesses for hearings, subpoenas shall be served by the Village Police Department or by the Village staff (3) Subpoena evidence to hearings (4) Take testimony under Oath (5) Assess and order the payment of civil penalties as provided in this article (6) Issue orders having the force of law to command whatever steps are necessary to bnng a violation into compliance Section 5 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-35, " Village Attorney to serve as counsel " of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows 3 Sec 2-35 Village Attorney to serve as counsel The Village Attorney shall provide legal advice to the Special fvf stcrsMagistrates If an appeal is taken pursuant to section 2-44, the Village Attorney shall represent the Village at such proceedings Section 6 That Chapter 2, "Admimstration," Article III, "Code Enforcement," Section 2-36, "Authonty to initiate enforcement proceedings" of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-36 Authority to initiate enforcement proceedings Code Enforcement Officers shall have the authonty to initiate code enforcement proceedings as provided in section 2-37 Special iblastersMagistrates shall not have such authonty Section 7 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-37, "Enforcement Procedures" of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-37 Enforcement Procedures (a) A Code Enforcement Officer who finds a violation of the Code shall issue a Warning Notice to the Violator stating that the Violator has committed a violation of the Code and shall specify a reasonable time penod within which the Violator must correct the violation This determination shall be based on consideration of fairness, practicality, ease of correction, ability to correct, seventy of violation, nature, extent, and probability of danger or damage to the public, and other relevant factors relating to the reasonableness of the time penod prescnbed finds -that -the -Violator has-not-corrected-the-violattoir withrir the -time violation -of the-eode-and-thali-deterrmne-a-reasonabte-ttme-vertod 4 (c)(b) If, upon personal investigation, a Code Enforcement Officer finds that the Violator has not corrected the violation within the time penod specified in the Notice, the Code Enforcement Officer shall notify the Village Manager or designee in wasting and may request a heanng ( c If the Code Enforcement Officer has reason to believe a violation presents a senous threat to the public health, safety or welfare, or if the violation is an Uncorrectable Violation, the Code Enforcement Officer shall issue a Notice requinng immediate correction of the violation The Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the Village Manager or designee and request a heanng (-OW If a Code Enforcement Officer finds a Repeat Violation, the Code Enforcement Officer shall issue a Notice to the Violator but is not required to give a reasonable time to correct the violation The Code Enforcement Officer, upon notifying the Violator of a Repeat Violation, shall notify the Village Manager or designee and request a heanng (e) The current owner of the property is responsible for the violation in addition to any other party who has possession of the property or who may have actually caused the violation. even if the violation was caused by a pnor owner or an unknown third party. The Special Magistrate may find the landlord as well as the tenant responsible for a violation A condominium association shall be responsible for any violation affecting the common elements of the condominium in addition to any other party who may have actually caused the violation. If the Special Magistrate enters an order against a condominium association, there shall be no hen against the common elements and there shall be no hen against a unit of the condominium unless the unit owner is also a respondent in the code enforcement proceeding Section 8 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-38, "Contents and service of Warning" of the Code of the Village of Key Biscayne, Flonda, is hereby deleted as follows 5 Sec 2-38 and -set -me -of -Warning -Reserved (1) Datc and tunc of issuancc c Enforccmcnt Offrccr issuing the Wes. (4) The scction of the Codc that has bccn viola icf dcscr1 mar be-itabit ( c failurc to corrcct the Notice br , , owner anel-trreturned-asundatmeci-or-refusect-the-Vskarntng-mar be ft t Dt.15011 1 (2) a In hcu of publication as dcscrlbcd 1n paragrap 1 a11 112 the Warning In at lcast two ;;;; ;i vaav va •� aaaVaa Vaawaa Vv Y11v yavyVa Y 1 KYVal ♦� 1a1V11 Y11V • 1V 1KY1V 11 T V £ tS, Vl 111M 1 1V a1V T V la KYY V111V b Vl KYY Vl11V YV YV V1 V � 1V\ , IN-anung- (e)--if trme-oftite-heartngrsttelrowner shall - 7 pleadings, notices, and othcr materials relating to the code code-ancl-with-orders-rsstred-nr the-code-enforcement-proceeding- VL Kll✓1V1 V1 4«V VLVVVa 4I, •11V11 WaV iwViiVaV1 Kaaw Kwwa V✓✓ V+ V++� ++��• of-the-thselostrres-made-to-the-new-ownerTvrtthin 5-daysafterthe-date-of the -transfer 1 1 (-3)-before-the-transfer creates--a-rebuttablr-prestimptron-of fraud —if therroperty-ts-transferred-before-the-heanrig7the-proceeding-shall-not VV V1Viaa1VVVM, VN4 VaaV aaV �• V��aaVa ✓aa4Vaa VV yaV ♦aMVw N aVMVVa1v Section 9 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-39, "Contents and service of Notice," of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-39 Contents and service of Notice (a) A Notice shall include (4) (5) Date and time of issuance Name of Code Enforcement Officer issumg the Notice Name and address of the Violator The section of the Code that has been violated Bnef description of the nature of the violation, including location, date and time of violation 8 (6) Amount of the civil penalty for which the Violator may be liable (7) Instructions and date for paying the civil penalty or for filing a request for an administrative hearing before a Special MasterMagistrate to appeal the civil penalty (8) Time within which the violation must be corrected (9) A statement that each day of continued violation after the time penod for correction has run shall be deemed a Continuing Violation subject to an additional penalty in the same amount without the need for additional Notice (10) A statement that the filing of a request for an administrative heanng will toll the accrual of Continuing Violation penalties (11) A statement that failure to request an administrative heanng within 20 days after service of the Notice shall constitute a waiver of the Violator's nght to an administrative heanng before the Special MasterMagistrate, and that such waiver shall constitute an admission of the violation, and that in such case, judgment may be entered against the Violator for the amount of the civil penalty (12) A statement that the Violator may be liable for the reasonable administrative heanng costs should he, or she, or it be found guilty (b) Service of the Notice to the Violator shall be effected either by mom; City; 9 t t� a t nc 1VOncG snati do puntisnca oncc aurmg cacn , "»"•• .... Ya.,., aa.»� .... r.....Y..» »Y a.,YYY.Y a ., »»> Y. r.a ava ;;;;;:: a.. c contamcd ii i;;;e •. aYl a, Vl lla»1 1VS % .., Y4la »YYV4aaVY Vl »YYV1aaV Y�J YV VlV 1VV 11V Y1VV V ♦ 11Y411�i , ;;;li;;ci;; ; aV�YYaM YV (1) hand delivery to the violator, or f2) leaving the notice at the violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the notice, or 10 (3) certified mail, return receipt requested, to the violator's usual place of residence, or (4) by posting the notice in a conspicuous place on the premises or real property upon which the violation was observed or on the personal property which is the subject of the violation The posting of the notice shall be deemed proper service, and the time for compliance stated in the notice shall commence with the date of such posting (c) In the case of commercial premises, notice may be served by leaving the notice with the manager or other person in charge. A corporation may also be served at the address of the registered agent in addition to the address listed in the tax collector's office for tax notices or the property appraiser's office. (e)(d) If the owner of property which is subject to an enforcement proceeding before the Special MasterMagistrate or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee (2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding (4) File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer A failure to make the disclosures described in paragraphs (1), (2), and (3) before the transfer creates a rebuttable presumption of fraud If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable penod of time to correct the violation before the hearing is held 11 Section 10 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-40, "Rights of Violators, payment of fine, nght to appeal, failure to pay and correct or to appeal," of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-40 Rights of Violators, payment of fine, right to appeal, failure to pay and correct or to appeal (a) A Violator who has been served with a Notice shall elect either to (1) Pay the civil penalty in the manner and within the time indicated on the Notice and correct the violation within the time specified on the Notice, or (2) Request an administrative heanng before a Special MasterMagistrate to appeal the decision of the Code Enforcement Officer which resulted in the issuance of the Notice (b) An appeal of the Notice shall be accomplished by filing a request in wnting to the address indicated on the Notice, not later than 20 calendar days after the service of the Notice (c) If the named Violator, after Notice, fails to pay the civil penalty and correct the violation within the time specified, or to timely request an administrative hearing before a Special MasterMagistrate, the Special lbfasterMagistrate shall be informed of such failure by report from the Code Enforcement Officer Such report shall be by affidavit of the Code Enforcement Officer Failure of the named Violator to appeal the decision of the Code Enforcement Officer within the prescnbed time penod shall constitute a waiver of the Violator's right to administrative hearing before the Special MasterMagistrate A waiver of the nght to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly Section 11 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-41, "Scheduling and conduct of hearing," of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows 12 Sec 2-41 Scheduling and conduct of hearing (a) Upon receipt of a named Violator's timely request for an administrative heanng or a wntten heanng request from the Code Enforcement Officer as provided for in section 2-37, the Village Manager or designee shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practicable (b) The Village Manager or designee shall send a notice of heanng by first class mail, or any other method reasonably calculated to effect delivery, to the named Violator at his last known address The notice of heanng shall include but not be limited to the following (1) Name of the Code Enforcement Officer who issued the Notice (2) Factual description of the alleged violation (3) Date of the alleged violation (4) Section of the Code allegedly violated (5) Place, date and time of the hearing (6) Notice of the nght of the Violator to be represented by an attorney (7) Right of the Violator to present evidence and witrises and to cross examine witnesses (8) Notice that failure of the Violator to attend the heanng may result in civil penalty and administrative heanng costs being assessed (9) Notice that requests for continuances will not be considered if not received in wntmg by the Special ibfasterMagistrate at least ten calendar days pnor to the date set for the heanng (c) The Village Manager or designee shall call hearings on a monthly basis or upon the request of the Code Enforcement Officer (d) A heanng date shall not be postponed or continued unless a 13 request for continuance, showing good cause for such continuance, is received in wnting by the Special MasterMagistrate at least ten calendar days pnor to the date set for the hearing (e) All hearings of the Special fvfasterMagistrate shall be open to the public All testimony shall be under Oath Assuming proper notice, a hearing may proceed in the absence of the named Violator (0 The proceedings at the hearing shall be recorded and may be transcnbed at the expense of the party requesting the transcript (g) The Village Clerk shall provide clencal and administrative personnel as may be reasonably required by each Special MasterMagistrate for the proper performance of his or her duties (h) Each case before a Special MasterMagistrate shall be presented by the Village Manager or Ins designee (i) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses, but fundamental due process shall be observed and shall govern the proceedings Any relevant evidence shall be admitted if the Special MasterMagistrate finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary (I) Each party shall have the nght to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called that witness to testify, and to offer rebuttal of the evidence (k) The Special MasterMagistrate shall make findings of fact and conclusions of law based on evidence of record In order to make a finding upholding the Code Enforcement Officer's decision, the Special MasterMagistrate must find that a preponderance of the evidence indicates that the named Violator was responsible for the violation of the relevant section of the Code (1) The time for correction given by the Code Enforcement Officer to the named Violator and contained in the Notice is rebuttably presumed to have been a reasonable time for correction Upon presentation of relevant evidence by the named Violator that the time for correction was not reasonable, however, the Special 14 MasterMagistrate may make a redetermination as to reasonableness of the time for correction contained in the Notice The Special MasterMagistrate may not make a determination that the time given for correction in the Notice was unreasonable unless the time given for correction has not yet run at the time the Special Master Magistrate makes his or her decision If the Special MasterMagistrate determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be calculated from the date determined by the Special MasterMagistrate to be a reasonable date for correction (m) If the named Violator is found guilty of the violation, he or she may be held liable for the reasonable cost of the administrative hearing, at the discretion of the Special MasterMagistrate (n) The fact-finding determination of the Special Master Magistrate shall be limited to whether the violation alleged did occur, and, if so, whether the person named in the Notice may be held responsible for that violation Based upon this fact-finding determination, the Special MasterMagistrate shall either affirm or reverse the decision of the Code Enforcement Officer The Special MasterMagistrate may also modify the decision of the Code Enforcement Officer as to the time for correction contained in the Notice, subject to the provisions of subsection (1) of this section If the Special MasterMagistrate reverses the decision of the Code Enforcement Officer and finds the named Violator not responsible for the Code violation alleged in the Notice, the named Violator shall not be liable for the payment of any civil penalty, absent reversal of the Special MasterMagistrate's findings pursuant to section 2-44 (o) A decision of the Special MasterMagistrate affirming the decision of the Code Enforcement Officer shall include the foliowmg elements (1) Amount of civil penalty (2) Administrative costs of hearing (3) Date by which the violation must be corrected to prevent presumption of Continuing Violation penalties, if applicable (p) A Special fvfasterMagistrate shall postpone a hearing if the 15 named Violator, pnor to the scheduled hearing date, files with the duly authonzed Village board of appropriate junsdiction, if any, an administrative appeal concerning the interpretation or application of the Code provisions upon which the alleged violation was based However, once an issue has been determined by a Special MasterMagistrate in a specific case, that issue may not be further reviewed by a Village board in that specific case (q) Upon exhaustion of a timely filed administrative appeal and finalization of the administrative order by the duly authonzed Village board of appropnate junsdiction, the Special MasterMagistrate may exercise all powers given to him or her by this article The Special MasterMagistrate shall not, however, exercise any junsdiction over such alleged Code violations until the time allowed for court appeal of the ruling of such board has lapsed or until such further appeal has been exhausted (r) The Special MasterMagistrate shall be bound by the interpretations and decisions of duly authonzed Village boards concerning the provisions of the Code within their respective jurisdictions If such a board decides that an alleged violation of the Code is not in accordance with such board's interpretation of the Code provision on which the violation is based, the Special MasterMagistrate shall not be empowered to proceed with the enforcement of the violation Section 12 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-42, "Civil penalties and related terms construed," of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-42 Civil penalties and related terms construed (a) Unless otherwise provided in this Code, Penalties for violations of the provisions to be enforced through this article shall be $250 00 per day for a first violation. The penalty for a violation relating to the failure to obtain any required development approvals, including building permits, shall be $500 per day The penalty for an Uncorrectable Violation shall not exceed $5000 per violation 16 (b) For each day of a Continuing Violation, an additional penalty in the same amount as that prescnbed for in the onginal violation shall be added (c) For the first &Repeat Violation, the amount of the civil penalty shall be $500 per day penaltr due -for each-mbsequent-Repeat-Vtatattorr shall -be -double -the (d) A Repeat Violation which remains uncorrected beyond the time prescnbed for correction in the Notice shall be treated as a Continuing Violation, and the additional penalty for each day of continued violation shall be erf-the-Repeat-Vrolatron$500 00 (e) Continuing Violation penalties shall accrue from the date of correction given in the Notice until the correction is made or until a request for administrative hearing is filed, whichever comes first If the named Violator requests an administrative hearing and loses his appeal, the Special MasterMagistrate shall determine a reasonable time penod within which correction of the violation must be made, based on the considerations set forth in section 2-37(a) If correction is not made within the penod set by the Special MasterMagistrate, Continuing Violation penalties shall begin to accrue again after the time for correction has run and the Code Enforcement Officer has filed an Affidavit of Continuing Violation The Code Enforcement Officer shall serve on the violator a copy of the Affidavit of Non - Compliance and a Notice of Continuing Violation which shall include the following (1) Date of issuance. (2) A reference to the order of the Special Magistrate that continues to be violated (3) Notice of the nght to request an administrative hearing before the Special Magistrate and instructions on how to file the request. (4) Notice that failure to request an administrative heanng within 20 days after the date of the Notice of Continuing Violation shall constitute a waiver of the nght to a hearing. 17 (5) Notice that the heanng is stnctly limited to whether and when the Violator complied with the order of the Special Magistrate. (6) Notice that the Violator shall be liable for the reasonable costs of the administrative hearing if the Violator is unsuccessful at the heanng At reasonable intervals, a Violator may request an inspection to determine compliance with an order of the Special Magistrate. After his inspection, the Code Enforcement Officer shall issue an Affidavit of Non -Compliance and Notice of Continuing Violation or an Affidavit of Compliance, in recordable form, as appropriate. (f) If, pursuant to a finding by the Special Magistrate, the violation is a violation descnbed in Section 2-37(dd), the Special Master shali-nottfrthe Village ch may, at its discretion, make all reasonable repairs that are required to bnng the property into compliance and charge against the Violator the cost of the repairs along with the fine imposed pursuant to this Section The Village shall have a lien upon the property in such amount until paid, which hen shall be pnor to all other hens on such property, except taxes Such lien, when delinquent for more than 30 daysthree months, may be foreclosed in the manner provided for the foreclosure of mortgages on real property Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the Village for any damages to the property if such repairs were completed in good faith (g) Civil penalties assessed pursuant to this article are due and payable to the Village on the last day of the penod allowed for the filing of an appeal from the Special MasterMagistrate's decision, or, if a proper appeal is made, when the appeal has been finally decided adversely to the named Violator Section 13 That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-43, "Recovery of unpaid civil penalties, unpaid penalty to constitute a lien, foreclosure," of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-43 Recovery of unpaid civil penalties, unpaid penalty to constitute a lien, foreclosure, lien reduction 18 (a) The Village may institute proceedings in a court of competent junsdiction to compel payment of civil penalties (b) A certified copy of an order imposing a civil penalty may shall be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the Violator, upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the shenffs of this State, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes A civil penalty imposed pursuant to this article shall continue to accrue until the Violator complies or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this article, whichever occurs first After three months from the date of filing of any such hen which remains unpaid, the Village may foreclose or otherwise execute on the hen Alternatively, the Village may sue to recover a money judgment for the amount of the hen plus accrued interest Upon payment of the civil penalty or notice of assessment by the Violator or the successor(s), assign(s) or heir(s) of the Violator, the Village Clerk is authorized to execute and record in the Public Records of Miami - Dade County the appropnate Release of Lien document (c) No hen provided under this article shall continue for a penod longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on a hen is commenced in a court of competent junsdiction In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a reasonable attorney's fee, incurred in the foreclosure The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis -pendens is recorded (d) The Violator, or the Violator's successors or assigns, (the "Applicant") who has an ownership interest in the property encumbered by a hen for civil penalties, may file a request for a reduction of the civil penalty before the Special Magistrate only after a compliance inspection is completed during which a Code Enforcement Officer finds that all violations were corrected. Upon receipt of a written request for reduction of civil penalty, and the filing of an affidavit of partial compliance by the Code Enforcement Officer which sets forth that all outstanding violations of the Special Magistrate's order have been corrected, except for payment of any 19 outstanding civil penalties, the Village Manager, or designee, shall set the matter for penalty reduction hearing by the Special Magistrate However, if the Village Attorney has commenced action to obtain compliance with the order of the Special Magistrate, including but not limited to an action for injunctive relief, foreclosure, or money judgment, no hearing shall be held for a reduction of civil penalty. (e) At the heanng, the fact-finding determination of the Special Magistrate shall be limited to evidence establishing 1) good cause for a reduction of the civil penalty, 2) the amount of the reduction, and 3) any equitable considerations raised by the Applicant or the Village relating to good cause or the amount of the reduction. Said hearing shall not be an opportunity to appeal any finding of fact or conclusions of law set forth in any pnor order of the Special Magistrate or any administrative determination of the Village (f The Special Magistrate may reduce a civil penalty once the Applicant has otherwise complied with an order of the Special Magistrate based on a showing of good cause. but in no event shall the civil penalty be reduced below the costs incurred by the Village in its prosecution of violations, including but not limited to, any attorney's fees and staff time In no event, however, shall any administrative fees previously ordered by the Special Magistrate be waived or reduced (g) In determining good cause, and the amount of the reduction, if any, the Special Magistrate shall consider. U) The gravity of the violation. 12) Any actions taken by the Violator or Applicant to correct the violation Any previous, or other outstanding violations whether committed by the Violator. or pertaining to the property to which the lien attaches, unless an order finding a violation is under appeal at the time of the determination 20 (4) Whether the violation is irreparable or irreversible in nature. ( Whether the Violator's failure to timely comply with an order of the Code Enforcement Officer or the Special Magistrate is due to an inability to comply based on factors beyond the control of the Violator. Upon a finding of good cause. the Special Magistrate has the sole discretion to grant or deny the request for a reduction of civil penalty according to the following guidelines, provided the reduction to an amount that is not less than the costs incurred by the Village (1) If compliance occurs within three months of the date for compliance set forth in the order of the Special Magistrate, a maximum reduction of 95 percent of the total civil penalty (the onginal civil penalty plus the continuing civil penalty amounts), (2) If compliance occurs more than three months but less than 12 months from the compliance date, a maximum reduction of 75 percent of the total civil penalty amount, 0) If compliance occurs from 12 months to 18 months of the compliance date, a maximum of 50 percent of the total civil penalty amount, and If compliance occurs more than 18 months after the compliance date. a maximum of 25 percent of the total civil penalty amount The Special Magistrate has the authority where there is a demonstrated showing of financial hardship or other good cause to reduce the civil penalty below the civil penalty reduction guidelines. The Special Magistrate shall exercise this authority with great caution and only in documented and exceptional circumstances. A Violator alleging financial hardship has the burden of presenting evidence of inability to pay the civil penalty. (j) If a civil penalty is reduced, the order of the Special Magistrate shall provide that, if the Violator fails to pay the reduced civil penalty by the date ordered by the Special Magistrate, then the ongmal amount of the civil penalty shall be automatically reinstated. The Special Magistrate may impose conditions on the granting of a request for reduction of the civil penalty and may allow additional 21 heanngs upon request if necessary to establish compliance with said conditions before an order reducing the civil penalty is entered. (k) A certified copy of the order reducing the civil penalty shall not be recorded in the public records unless the terms of the order reducing the civil penalty are fully complied with and the order shall so provide ID Upon receipt of timely payment in full of the amount of the reduced civil penalty, and the recording costs, the Village Manager, or designee, shall record a copy of the order reducing the civil penalty and a satisfaction of hen (m) A reduction of civil penalty may only be granted once as to any violation of an order of the Special Magistrate. Section 14 That Chapter 2, Administration," Article III, "Code Enforcement," Section 2- 44, "Appeals of Special Master's Order," of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-44 Appeals of Special MasterMagistrate's order (a) An aggrieved party, including the Village, may appeal a final order imposing fines or assessing continuing fines of a Special MasterMagistrate to the Circuit Court Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special-MasterMagistrate An appeal shall be filed within 30 calendar days of the issuance of the order sought to be overturned Failure to make such appeal within the prescribed 30 -day penod shall render the findings of the Special MasterMagistrate conclusive, binding and final (b) Unless the findings of the Special MasterMagistrate are overturned in a proceeding held pursuant to subsection (a) of this section, findings of the Special MasterMagistrate shall be admissible in any proceeding to collect unpaid penalties (c) No aggrieved party other than the Village may apply to the Court for relief unless such party has first exhausted the remedies provided for in this article and has taken all available steps provided in this article It is the intention of the Village that all steps provided 22 by this article shall be taken before any application is made to the Court for relief, and no application shall be made by any aggrieved party other than the Village to a court for relief except from an order imposing fines or assessing continuing fines issued by a Special MasterMagistrate pursuant to this article It is the intention of the Village that, notwithstanding anything in this article to the contrary, the Village shall retain all nghts and remedies otherwise available to it to secure compliance with or prevent violations of the Code For purposes of an appeal, the Village Clerk shall make available, for public inspection and copying, the record upon which each final order of a Special MasterMagistrate is based The Village Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the Circuit Court and for making certified copies of any record or portion thereof Section 15 That Chapter 2, Administration," Article III, "Code Enforcement," Section 2- 46, "Additional Enforcement Powers," of the Code of the Village of Key Biscayne, Flonda, is hereby amended to read as follows Sec 2-46 Additional Enforcement Powers In addition to the powers and authonty given to the Special MastersMagistrates for the Village pursuant to this article, the Village may, in its discretion, exercise any powers given to municipalities or their Special MastersMagistrates by F S ch 162, as amended Section 16 That Chapter 2, Administration," Article III, "Code Enforcement," Section 2- 47, "Schedule of Civil Penalties," of the Code of the Village of Key Biscayne, Flonda, is hereby deleted as follows Sec 2-47 Reserved and-is-not-meant-to-It/nit-or define -the -nature -of the-notattorr orthe 23 Code Section 250 00 per day for a first vichattorr and Y Section 17 Alternate Code Enforcement System Pursuant to Section 162 03(2), Flonda Statutes and the Village's home rule powers, the Village hereby adopts Chapter 2 "Administration," Article III "Code Enforcement" as its alternate code enforcement system Section 18 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 19 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 the Village of Key Biscayne, 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 appropnate word Section 20 Effective Date This Ordinance shall be effective upon adoption on second 24 reading PASSED on first reading this 22nd day of February , 2005 PASSED AND ADOPTED on second reading this 26th day of Apnl , 2005 .4.o 6(.(_,„, MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE A TO 25 VILLAGE OF KEY BISCAYNE OF'IFICE OF THE VILLAGE CLERK PUBLIC NOTICE 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 Flonda that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE APRIL 26 2005 ORDINANCE AMENDING CHAPTER 2/ ADMINISTRATION ETC in the XXXX Court was published in said newspaper in the issues of 04/14/2005 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 thi dvertise r publication in the said newspaper Sworn to and subscribed before me this (SEAL) �,0 Mana I Mesa 0 V FERBEYRE personally k o MM Commission DD293855 t Expires March 04r 2008 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 April 26 2005 at 700 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING CHAPTER 2 OF THE VILLAGE CODE ADMINISTRATION," ARTICLE 111 "CODE ENFORCEMENT " AMENDING SECTION 2-31 DEFINmONS " AMENDING SECTION 2-32 "CIVIL OFFENSES AND PENALTIES" AMENDING SECTION 2-33 QUAUFICATIONS OF SPECIAL MASTERS, APPOINTMENT AND REMOVAL COMPENSA TION " AMENDING SECTION 2-34 POWERS OF SPECIAL MASTERS " MEWING SECTION 2-35 "VILLAGE ATTOR NEY TO SERVE A& INSEL, AMENDING SECTION 2-36 AUTHORITY TO INITIATE ENFORCEMENT PROCEED- INGS " AMENDING SECTION 2-37 "ENFORCEMENT PRO- CEDURES " DELETING SECTION 238 "CONTENTS AND SERVICE OF WARNING" AMENDING SECTION 239 "CONTENTS AND SERVICE OF NOTICE AMENDING SEC- TION 2-40 "RIGHTS OF VIOLATORS PAYMENT OF FINE RIGHT '`i O APPEAL, FAILURE TO PAY AND CORRECT OR TO " AMENDING SECTION 2-41, "SCHEDULING AND OF $FARING," AMENDING SECTION 2-42, "CIVIL PLNALTIES AND RELATED TERMS CONSTRUED, AMENDING -SECTION 2-43, "RECOVERY OF UNPAID CIVIL PatiAurigt UNPAID PENALTY TO CONSTITUTE A LIEN FORECLOSURE," AMENDING SECTION 2-44 "APPEALS OF SPECIAL MASTER'S ORDER," AMENDING SECTION 2-46 "ADDITIONAL ENFORCEMENT POWERS," AND DE LETING SECTIM 2.47 "SCHEDULE OF CIVIL PENALTIES" OF THE VILLAGE CODE ADOPTING AN ALTERNATE CODE ENFORCEMENT SYSTEM PROVIDING FOR SEVERABILI TY PROVIDING FOR INCLUSION IN THE VILLAGE CODE PROVIDING FOR 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 Heanng is asked to register with the Village Clerk pnor to that item being heard In accordance with the Americans With Disabilities Act of 1990 all per sons who are disabled and who need special accommodations to parties pate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Flonda 33149 telephone number (305) 365 5506 not later than two busi ness days pnor 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 submit ted in wnting and or presented in person at the public heanng Conchita H Alvarez CMC Village Clerk 4/14 05-4 86/535922M ORDINANCE NO 2005-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR 2004-2005 TO INCREASE REVENUES AND APPROPRIATIONS FOR EXPENDITURES WITHIN THE SOLID WASTE FUND IN ACCORDANCE WITH THE NEW CONTRACT FOR SOLID WASTE SERVICES, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village has recently entered into a new contract for solid waste services and has revised the applicable fees for solid waste services, and WHEREAS, it is necessary to amend the Municipal Budget for the current fiscal year in order to increase revenues and appropnated expenditures for solid waste services in accordance with the recently revised solid waste service fees and the solid waste service contract, as provided herein NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That the each of the above stated recitals are hereby adopted and confirmed Section 2 Budget Amended. A That the Municipal Budget for the Village for the fiscal year which commenced on October 1, 2004 and ends on September 30, 2005 is hereby amended by revising the revenues and expenditures for the solid waste fund, as set forth on Exhibit "A", a copy of which exhibit is attached hereto and incorporated herein B That the total revenues and expenditures for the Solid Waste Fund shall be Five Hundred Forty Five Thousand One Hundred Sixty Two and No/100 ($545,162 00) Dollars Section 3, Severability. That 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 Effective Date, That this ordinance shall become effective immediately upon adoption at second reading PASSED AND ADOPTED on first reading this 8th day of March, 2005 PASSED AND ADOPTED on second reading this 12th day of Apnl, 2005 /4.-/ocett.t MAYOR ROBERT OLDAKOWSKI ATT T C • `CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATT F /103 001/Ordinance/Amending the Budget 3 1 05 2 The Village of Key Biscayne Solid Waste Collection Fee New Rate/ New Service 2005 Annual Monthly Prop osed Current Amount Am ount Amended Adopted Per Per Budget Budget Household Household FY 2004-05 FY 2004-05 Fo r Solid Waste Collection Monthly Collectio n Service $396 00 $33 00 $514 008 $280 000 Total Houses for Colle ction 1 298 For Billing and Recording r Billing/Receipting Payments $2 31 $0 19 $3 000 $2 000 Postage $0 77 $0 06 $1 000 $1 000 Con tingenc y For Uncollectable Accounts $20 92 $1 74 $27 154 $0 Solid Waste Collection Fees $420 00 $35 00 $545,162 $284,900 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 Flondd that the a`ached copy of ad ert'sement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE SECOND READING APRIL 12 2005 in the XXXX Court was published in said newspaper in the issues of 03/31/2005 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 securin is adve. en or publication in the said newspa Sworn to and subscribed before me this 31 d MARCH A D 2005 (SEAL) "IN Maria i Mesa My 0 V FERBEYRE personally known Commission DD293855 Expires March 04 2008 VILLAGE OPUCEYBISCAYNE- OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered an Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday Apiil 12 2005 at 7 00 pm in the Council Chamberdocate at 560 Crandon Boulevard Key Biscayne Ftonda AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR 2004-2005 TO IN- CREASE REVENUES AND APPROPRIATIONS FOR EXPENDITURES WITHIN THE SOUD WASTE FUND IN ACCORDANCE WITH THE NEW CONTRACT FOR SOUD WASTE SERVICES, 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 Heanng 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 pnor to that item being heard In accordance with the Amencans With Disabilities Act of 1990 all per sons who are disabled and who need special accommodations to partici pate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street Suite 220 Key Biscayne Ftonda 33149 telephone number (305) 365 5506 not later than two busi ness days pnor 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 wnting and or presented in person at the public heanng Conchita H Alvarez CMC Village Clerk 3/31 05 4 31/530486M ORDINANCE NO 2005-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CREATING AN ADVISORY BOARD TO BE KNOWN AS THE VISION PLAN AND EVALUATION AND APPRAISAL REPORT COMMITTEE, PROVIDING, AMONG OTHER THINGS, THE NUMBER AND QUALIFICATIONS OF BOARD MEMBERS, RULES OF PROCEDURE AND THE DUTIES AND RESPONSIBILITIES OF THE BOARD, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to create a Vision Plan and Evaluation and Appraisal Report Committee (the "Board") to provide recommendations to the Village Manager, Village Local Planning Agency and Village Council, as described herein, and WHEREAS, the Village Council finds that the creation of the Board, 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 That the above stated recitals are hereby confirmed and adopted Section 2. Creation of Board That Article XII "Vision Plan and Evaluation and Appraisal Report Committee" of Chapter 2 "Administration" of the Village Code is hereby created, to read as follows Article XII Vision Plan and Evaluation and Appraisal Report Committee Sec 2-200 Creation, composition, qualifications and term (a) In accordance with Village Code Section 2-10, there is hereby created and established the Village of Key Biscayne Vision Plan and Evaluation and Appraisal Report Committee (the "Board") The Board shall be composed of twenty-three (23) members appointed by the Mayor, with the approval of the Village Council, as provided by Village Charter Section 2 02 Board members shall serve at the pleasure of the Village Council Each member shall be appointed for an indefinite term of up to two (2) years The term of office shall sooner expire on completion of the work of the Board Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses (b) The qualifications for the members of the Board shall be as follows (1) All members of the Board shall be residents of the Village, and (n) Five (5) members of the Board shall consist of one person serving or who has served on each of the five (5) other advisory boards of the Village (to -wit one member from the Noise Ordinance Review Committee, one member from the Community Center Advisory Board, one member from the Crandon Boulevard Master Plan Implementation Committee, one member from the Art in Public Places Board, one member from the Crandon Boulevard Zoning and Development Committee), and (in) One member of the Board shall be the Pnncipal of the Key Biscayne Community School, and (iv) One member of the Board shall be a person who is engaged in the hotel industry within the Village, and (v) One member of the Board shall be a representative of a senior citizens organization, and (vi) Two members of the Board shall be representatives or members of the Key Biscayne Chamber of Commerce, and (vii) Five members of the Board shall be persons who possess a demonstrated knowledge in community affairs and/or planning, and (viii) One member of the Board shall be a representative of the Key Biscayne Athletic Club, and (ix) One member of the Board shall be a member of the Clergy practicing in the Village of Key Biscayne, and 2 (x) Two members of the Board shall be former Village Council members who are recognized for their knowledge of municipal planning principles and practices, and (xi) Two members of the Board shall be persons who are involved in architecture or landscape architecture, and (xii) One member of the Board shall be the mayor of the Youth Opportunity Council, and (xii) One member of the Board shall be a member of the Village Council who shall serve in an ex -officio non- voting capacity in conformity with the restrictions of Section 4 02(c) of the Village Charter Any member of the Board who ceases to reside within the Village Limits dunng his or her term of service shall be deemed to have resigned as of the date of his or her change of residence from the Village (c) The Village Council shall designate one of the Board members as Chairman (d) 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 Sec 2-201 Advisory capacity (a) The powers and duties of the Board shall be solely of an advisory nature to the Village Local Planning Agency, the Village Council and the Village Manager (b) The Board shall act in accordance with Village Code Section 2-10 Sec 2-202 Rules of procedure (a) The Board may adopt rules of procedure as authonzed by Village Code Section 2-10(k) In the absence of 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 (b) Dunng the first meeting of the Board, the members shall elect one of their number to act as Vice -Chairman and a Secretary (c) Twelve members shall constitute a quorum for the transaction of the business of the Board Official action shall be taken by the Board only upon the concurring vote of a majonty of the members present at an official meeting of the Board Sec 2-203 Jurisdiction, duties The junsdiction of the Board shall be solely advisory Action of the Board shall be in the form of a wntten recommendation to the Village Local Planning Agency, the Village Manager and the Village Council The following matters shall be within the advisory junsdiction of the Board (1) Assist in formulating and review and comment upon the Village's planning consultant's recommendation for the Vision Plan and for the Evaluation and Appraisal Report (the "EAR") for the Comprehensive Plan (2) Provide recommendations to the Village Local Planning Agency, Village Manager and Village Council for the Vision Plan and the EAR (3) Any other related matters assigned to the Board by the Village Local Planning Agency, the Village Council or the Village Manager Sec 2-204 Standards of conduct for members All members of the Board shall be subject to the standards of conduct for public officers and employees as set by federal, state, county, Village or other applicable law Sec 2-205 Dissolution of board The Board shall be dissolved upon completion of the work of the Board as reflected by the presentation to the Council of a final report from the Board or from the Village Manager indicating that the work of the Board is complete 4 Section 3, Severability That 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 Inclusion in the Code. That 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 the Village of Key Biscayne, 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 5 Effective Date That this ordinance shall become effective immediately upon adoption at second reading PASSED AND ADOPTED on first reading this 22nd day of February, 2005 PASSED AND ADOPTED on second reading this 15th day of March, 2005 /U1dc4 L__ - MAYOR ROBERT OLDAKOWSKI A E:T ,a/Ne NCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIENC t i 0- _ss-w*-- 111/4Le - VILLAGE ATTORAI F \100\103001\ordinances\Vi4top Plan Committee doc 5 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 0 V FERBEYRE who on oath says that he or she is the SUPERVISOR 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 Co.inty Florida that the attached copy of adh ertisPment being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING 3/15/2005 in the XXXX Court was published in said newspaper in the issues of 03/01/2005 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 re.. to commission or refund for the purpose of securing t , adverts e ' publication in the said newspaper Sworn to and subscribed before me this 01 day of MARCH (SEAL) A D 2005 O V FERBEYRE personally known two meheryl H Marmer ter. My Commission DD338559 Expires July 18 2008 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 March 15 2005 at 700 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA CREATING AN ADVISORY BOARD TO BE KNOWN AS THE VISION PLAN AND EVALUATION AND APPRAISAL REPORT COMMITTEE PROVIDING AMONG OTHER THINGS THE NUMBER AND QUALIFICATIONS OF BOARD MEMBERS RULES OF PROCEDURE AND THE DUTIES AND RESPONSIBILITIES OF THE BOARD PROVIDING FOR SEV ERABILITY 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 Pubhc Heanng and be heard with respect to the proposed Ordinance Any person wishing to address the Village Council on any item at this Public Heanng is asked to register with the Village Clerk pnor to that item being heard In accordance with the Amencans With Disabilities Act of 1990 all per sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Flonda 33149 telephone number (305) 365 5506 not later than two busi- ness days pnor to such proceeding Should any person decoke 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 submit ted in wnting and or presented in person at the public heanng 3/1 Conchita H Alvarez CMC Village Clerk 05 4 12/524920M