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HomeMy Public PortalAbout2006 AllORDINANCE 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 (b) Nonpartisan elections All elections for the offices of Councilmember and Mayor shall be conducted on a nonpartisan basis (c) Election date A primary 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), Florida Statutes, or independent of such statutory basis by virtue of the enabling authority provided in this subsection (c), from time to time, change the dates for conducting primary, 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 primary election There shall be no primary election for Mayor if no more than two candidates qualify to run for the office of Mayor There shall be no primary election for Council if no more than twelve candidates qualify to run for the six Council positions In the event that a primary election is not necessary, as described 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 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 primary elections held in 2008 and thereafter There shall be no primary election for Mayor if no more than two candidates qualify to run for the office of Mayor There shall be no primary election for Council if no more than six candidates qualify to run for the three (3) Council positions In the event that a primary election is not necessary, as described 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 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 (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 right to vote by absentee ballot available under State law (i) 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 -described Charter amendment be adopted? YES [ NO [ II its 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 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 authorized 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 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, 7 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 Florida 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 tnac the attar lie° L,opy ui auva-' sore 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$ adverts - e for publication in the said newspape Sworn to and subscribed before me this (SEAL) Sz•e, 0 V FERBEYRE personally ki `tor 0,6 b$ rn� ` '� �� 0�9 8ao Exr,ares March 94 290E 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 p m 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 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 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 item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard In accordance with the Americans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Florida 33149 telephone number (305) 365 5506 not later than two business days prior to such proceeding Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public hearing 4/28 Conchita H Alvarez CMC Village Clerk 05 4 42/540660M 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 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, strlketluough text is proposed to be deleted from the existing Charter text (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 primary election The ballot for the regular election shall also contain the names of the qualified twelve (12) candidates for Council who- received- the most votes in the primary election 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 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 which are up for election (0 (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 primary 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 (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 right to vote by absentee ballot available under State law (0) 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 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 [ ] NO [ ]„ 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 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, Florida, as to any Charter amendment measure approved by a majority 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 majority 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 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 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 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 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 s adve sem nt for publication in the said newspap Sworn to and subscribed before me this (SEAL) isar Maria I Mess 0 V FERBEYRE personallt j� toreti Com� DO 3855 of n,�' Explores 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 p m in the Coun cil 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 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 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 BY.RESOLUTION 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 appear at the Public Hearing and be heard with respect to the proposed Ordinance Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard In accordance with the Americans With Disabilities Act of 1990 all 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 Florida 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 submit ted in writing and or presented in person at the public hearing 6/23 Conchita H Alvarez CMC Village Clerk 05 4 64/559640M ORDINANCE NO 2006-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", BY CREATING SECTION 2-103 "EARLY VOTING", CONCERNING VILLAGE ELECTIONS, PROVIDING FOR A SPECIFIC DURATION FOR EARLY VOTING, AND AUTHORIZING REVISING OR ELIMINATING EARLY VOTING FOR VILLAGE ELECTIONS BY COUNCIL RESOLUTION FOR A SPECIFIC ELECTION, OPTING OUT OF THE REQUIREMENTS OF PARAGRAPH (2) OF SECTION 101 657, FLORIDA STATUTES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 101 657, Florida Statutes, as amended effective on January 1, 2006, the Florida Legislature has expressly provided that municipalities may determine whether or not to provide early voting in municipal elections that are not held in conjunction with county or state elections and to opt out of certain requirements, and WHEREAS, the Council finds that lengthy periods of early voting in municipal elections are contrary to the historical tradition of a designated "Election Day" and are costly and unnecessary in light of the availability of absentee ballots, and WHEREAS, the Village Council desires to provide for limited early voting in municipal elections (including charter amendment elections, initiative elections, referendum elections, bond issuance elections, and all Mayoral and Council elections) which are not held in conjunction with county or state elections, with the duration, hours of operation, and other restrictions for early voting to be as specified herein rather than as otherwise provided by Section 101 657, Florida Statutes, and WHEREAS, this Ordinance enables the Village to provide for a sufficient schedule of early voting in advance of such municipal elections if necessary, or to revise or eliminate early voting for specific elections as provided herein, and WHEREAS, the Miami -Dade County Supervisor of Elections has recommended that the Village opt out of the requirements of Section 101 657(2), Flonda Statutes, which would otherwise require the Supervisor of Elections to prepare costly and complex voter activity information in the midst of an electoral process 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, Early Voting That Chapter 2 "Administration", of the Village Code of the Village of Key Biscayne, Flonda, is hereby amended by creating Section 2-103 "Early Voting," to read as follows Sec 2-103 Early Voting (a) For any Village election, including initiative, referendum, bond issuance, charter amendment or any Mayoral and Council elections (the "Village Elections"), which are not held in conjunction with a county or state election, this Section 2-103 shall govern the matter of early voting Further, early voting pursuant to this Section 2-103 shall comply with the mandatory requirements of Section 101 657(1)(e), Florida Statutes (2005), as applicable (b) The provisions of Section 101 657(2), Flonda Statutes, shall not apply to Village Elections, unless specifically made applicable by Council Resolution (c) At any Village Election, it is hereby provided that early voting shall be provided only on the Thursday, Friday and Saturday immediately before a Village Election (d) Early voting shall be provided for eight (8) hours for each weekday and for an aggregate of eight (8) hours for each weekend on any weekday or weekend in which early voting is allowed (e) The Village Council may, by Resolution, adopted in advance of a specific Village Election, alter the schedule of days and hours for early voting from 2 that which is provided in paragraphs (c) and (d) above This shall include the authority to extend early voting or to eliminate early voting for a specific election at which absentee balloting is available (f) The Village Clerk is hereby authorized to take any action which is necessary or expedient to implement this section or to comply with any applicable law including any mandatory provisions of Section 101 657, Florida Statutes 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 Code That 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 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 Effective Date That this Ordinance shall be effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 14th day of March , 2006 PASSED AND ADOPTED on second reading this 11th day of April , 2006 MAYOR ROBERT OLDAKOWSKI 3 ATTEST 4,4A/a„, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO ORM AND LEGAL SUFFICIEN VILLAGE ATTO F /103 001/Ordinances/Early Voting Ordinance 2 13 06 4 YNE 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 MEETING 4/11/2006 ORDINANCES in the XXXX Court was published in said newspaper in the issues of 03/30/2006 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 ha meither paid nor promised any person firm or corporation nt rebate commission or refund for the purpose g this advertisement for publication in the said er Swain to and subscrioed befcre me this (SEAL) SOOKIE WILLIAMS personally k � 0 V FERBEYRE r * MY COMMISSION # OD 099068 •• i 4 EXPIRES July 9, 2006 �r6 of 0 Bonded Thw Notary Public Urderwriters OFFICE OF fl4EVILILA On Notice is hereby given that thg f4 j Second Reading by the Village Co a meeting to el Council Chamb �t�a Flonda AN ORDINANCE X41= FLORIDA, AMENDING CHAPTER 2 ►.DMiM�STR 2 103 '"EARLY{ TIONS PROVI LY YOYING .AN ING EARLY VOTING FO CIL RESOLUTION fOR OUT OF TIIE AURA SECTION 101,657, FLORI SEVEI1AS1 PRdiith AN 0904 446E ?OF FLoFilEtA, 40 ,.: RIIK ARTI LE 0 LA AD IS DEFENSE ING FOR DEFE S AUTHbR NITIES GROUNDLE BILITY PRO PROVIDING Fbit AN EFIECTJI ,F� The proposed Ordinances maytbe the Village Cleii1(ntcrested pa and be heard with tespect to wishing to address the Village is asked to register with the Vile In accordance with the Amer C`n ith persons who are ldisabled and ih�nee partici� ate in this` proceeding' because bf th t iisabit the Office of the Village Cleik,it8 West Nlclnt Pre Street Biscayne 1=iorida'33't49, tele (dyne tiumbeq-3 ') S6Bt5 than twebustt ess says Mrto st bh proceeding LEAK e On of Key Biscayne at 00 p m in the Key Biscayne 2 21 V1D- AL, OR ERA AND ceof nn9 person anng rd 990, all -ations to filid contact @20 Key hot later Should any person desire to appeal any decision of the Village Council with respect to any ratter to be considered This meeting that person shall insure that a Verbatim record of the proceedings% made including all testimony and evidence upon which any appeal may be based (F S 2860105) Comments of any interested party relative to this matter may be submitted in wnting and or presented in person atthe piiblibtiedring '3/30 Conchita H Alvarez CIVIC Village Clef k 06 4 26/659918M ORDINANCE NO 2006-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING ARTICLE II "VILLAGE COUNCIL" OF CHAPTER 2 "ADMINISTRATION" BY CREATING SECTION 2-21 "DEFENSE OF OFFICIALS IN ETHICS MATTERS", PROVIDING FOR THE DEFENSE OF OFFICIALS, DEFINITIONS, DEFENSE OF OFFICIALS, REQUEST AND APPROVAL, AUTHORIZATION, RESERVATION OF RIGHTS AND IMMUNITIES, APPLICABILITY, MALICIOUS, FRIVOLOUS OR GROUNDLESS ALLEGATIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council finds that in order to encourage qualified persons to serve the Village it is necessary to protect such persons from certain legal expenses incurred in protecting themselves from allegations of violating ethics standards and guidelines, while acting in the course and scope of their service to the Village, and WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best interest 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 Article II "Village Council" of Chapter 2 "Administration" of the Village Code of the Village of Key Biscayne, Flonda is hereby amended by creating Section 2-21 "Defense of Officials in Ethics Matters" to read as follows ' 'I Proposed additions to existing Village Code text are indicated by underline Section 2-21 Defense of Officials in Ethics Matters (a) Dqfinitions When used in this section, the following words shall mean as indicated 1 The term Official" shall mean solely the following the Mayor and all members of the Village Council. 2 The term Village Funds shall mean only such funds appropriated for expenditure by the Village Council. I The term Counsel shall mean the attorney independently selected by the Official for the purpose of defending the Official in actions or proceedings in accordance with this section Counsel shall be licensed to practice law in Florida, experienced in ethics defense, and otherwise adequately qualified for the purpose of such representation 4 The term Legal Expenses shall mean reasonable attorney's fees and necessary defense expenses directly incurred in defending an Official in accordance with this section 5 The term Legal Defense shall mean the services provided by Counsel in defending an Official in accordance with this section 6 The term "Reimbursable Costs" shall mean approved necessary incidental expenses, including, but not limited to travel expenses, directly incurred by the Official in association with the defense of actions or proceedings in accordance with this section (b) Defense of Officials Upon the request of a Village Official (the "Official") the Village may. in its discretion. provide for the Legal Defense of any action or proceeding brought against such Official for acts or omissions arising out of and in the course and scope of the Official's function, when such Official is charged with a violation of any provision of the Code of Ethics for Public Officers and Employees, Part III, Chapter 112. Florida Statutes, Section 2-11.1, Miami -Dade County Code, or any applicable Village ethics ordinances. The provision of Legal Defense is limited to the payment of Legal Expenses to Counsel and the payment of approved Reimbursable Costs to the Official incurred for the purpose of defending actions or proceedings in accordance with the provisions of this section. This section shall not apply to any action brought or initiated by the Village against an Official fsj Request and Approval. A written request for the provision of Legal Defense (the "Request") shall be submitted by the Official and reviewed in accordance with the following procedure 2 1 A Request shall be submitted to and reviewed by the Village Manager, 2 A Request shall be submitted promptly after the Official is served with a complaint, notice. charge, summons, process or other initiating pleading, such that the Village has ample time to review such Request and respond accordingly, 3 A Request shall include the name, address, resume, and hourly rate of Counsel, and a copy of the complaint. notice. charge, summons, process or other initiating pleading, 4 The Village Manager shall approve or deny the Request in writing within ten (10) days after receipt of such Request The Village Manager's approval or denial is subject to the Village Attorney's concurrence that said Request is consistent with the requirements of this section i) Authorization The Village Manager is hereby authorized to expend Village Funds, upon the review and approval of a Request, for the payment of Legal Expenses and Reimbursable Costs in accordance with subsection (b). The authorization to expend Village Funds shall not extend to any appeal or other judicial review without additional authorization of Village Council The expenditure of Village Funds shall be paid from a specific Village account established in the Village budget for the purposes of this section or from other funds designated for Mayor or Council use No funds of the Village. other than Village Funds. as defined in subsection (a), shall be used for the Legal Defense of an Official. The expenditure of Village Funds for the payment of Legal Expenses and Reimbursable Costs shall be subject to the following. 1 Counsel of the Official shall on a monthly basis submit all current bills for Legal Expenses to the Village finance department in a format approved by the Village. The Official shall on a monthly basis submit all current bills for Reimbursable Costs to the Village finance department in a format approved by the Village, 2 The Village Manager shall review and approve all submitted bills prior to payment by the Village, 3 Upon approval of submitted bills, the Village Manager shall provide for direct payment to Counsel for Legal Expenses and to the Official for Reimbursable Costs. Payments shall be made on a monthly basis during the pendency of the action or proceeding pursuant to Section 218.70, Florida Statutes, et. seq., 4 The Village Manager shall on a monthly basis provide a copy of all approved bills to the Village Clerk for filing and retention as a public record and for public inspection, subject to any applicable exemptions. 3 (e) Reservations of rights and immunities The provision of the Legal Defense of an Official as provided in subsection (b), including those acts for which the defense may be provided and the extent of Village Funds which may be expended, shall be solely within the discretion of the Village. 1 The Village reserves unto itself the right to deny or revoke approval of the Request if it is determined by the Village Manager or the Village Council to be beyond the scope of this section or inconsistent with the purposes of this section, 2 The Village reserves unto itself the right to deny the Request where the Official has failed to select qualified Counsel, or where the proposed fee schedule is deemed unreasonable, 3 The Village reserves unto itself the right to revoke approval of the Request where such Official fails to cooperate in the defense of such action or proceeding, 4 The Official shall reimburse the Village for any and all Village funds expended for payment of Legal Expenses and Reimbursable Costs where it is determined that the alleged act or omission was taken outside the course or scope of the duties of the Official, or where such Official was adjudicated guilty of the alleged violation. The Village reserves unto itself the right to seek reimbursement and/or recovery from an Official of all Village Funds expended for payment of Legal Expenses and Reimbursable Costs in accordance with this section where it is determined that the alleged act or omission was taken outside the course or scope of the duties of the Official, or where such Official was adjudicated guilty of the alleged violation, 5 Nothing in this section shall authorize the Village to provide for the Legal Defense of an Official where the alleged act or omission was taken outside the course or scope of the duties of the Official, or where the Official has acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights. safety or property, 6 Nothing in this section shall authorize the Village to provide for the Legal Defense of an Official where it is alleged that said Official failed to comply with applicable financial and gift disclosure requirements mandated by Chapter 112, Florida Statutes, Section 2-11.1, Miami -Dade County Code, or any applicable Village ethics ordinances concerning financial and gift disclosure. 7 Nothing in this section shall be construed as a waiver by the Village or any Official of any claim of immunity. including sovereign immunity, applicable to any action, 4 8 Any Official who submits a Request and is subsequently provided a Legal Defense at the expense of the Village in accordance with this section shall be prohibited from seeking further remuneration from the Village for any expenses incurred by said Official dunng or resulting from the defense of any action or proceeding contemplated by this section, 9 Where an Official fails to avail him/herself of the provisions of this section, and no Legal Defense was provided at the expense of the Village, nothing herein shall prohibit such Official from seeking reimbursement from the Village for legal expenses incurred in the successful defense of a violation or violations of any provision of the Code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes. Section 2-11 1, Miami -Dade County Code. or any applicable Village ethics ordinances, where said Official was acting in the course and scope of the Official's function. and said Official is subsequently acquitted, or the charge or charges against said Official are dismissed upon no violation being found (f) Apphcablity The provisions of this section shall apply to all actions and proceedings pending at the time of or instituted after the effective date of this section. As used herein, an action shall be construed to be pending where the action has not been tned, or if tried where the judgment has not become final by reason of the completion of any appellate proceedings (g) Malicious. Frivolous or Groundless Allegations. In accordance with Section 112 317(8), Fla. Stat.. or Section 2-1074(t). Miami -Dade County Code. where it is determined that the complaining party filed a frivolous or groundless complaint, or filed a complaint with malicious intent to injure the reputation of the Official by filing the complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations of fact material to a violation, the Village may seek recovery of Legal Expenses and Reimbursable Costs incurred by the Village from the complaining party in the name of the Official, or as subrogee of the Official. 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 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part 5 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 Effective Date That this Ordinance shall be effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 14th day of March , 2006 PASSED AND ADOPTED on second reading this 11th day of Apnl , 2006 /142(ettAii. MAYOR ROBERT OLDAKOWSKI AT A/4' CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED A S FORM AND LEGAL SUFFICIE VILLAGE TT Y F \100\103001\Ordinan - Defense of Officials in Ethics Matters Council doc 6 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBIC TiOE 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 MEETING 4/11/2006 ORDINANCES in the XXXX Court was published in said newspaper in the issues of 03/30/2006 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 ha . either paid nor promised any person firm or corporation any .isco nt rebate commission or refund for the purpose of ecuri g this advertisement for publication in the said ne SD-•er (SEAL) Swoir to and subscnoed befcre me this SOOKIE WILLIAMS personally k P. Pyn 0 V FERBEYRE * ,e MY COMMISSION # OD 099068 EXPIRES July 9 2006 g a,' Bonded Thru Notary Public underwriters 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 Tuesdasr April 11 2006 at 7 00 p m in the Council Chamber located alt 660 Brandon Boulevard Key Biscayne Flonda AN ORDINANCE OF THE VILSAGE OF KEY BISCAYNE FLORIDA, AMENDING THE VILLAGE CODE ICY AMENDING CHAPTER 2 "ADMINISTRA1ION" BY cillitAliNG SECTION 2 103 "EARLY VOTING' O INIE$NINGILLiGiE ELEC- TIONS- PROVIBINGiFOR A SPOSIFICOURIVIIIONPOR EAR LY VOING AND AIJTW)RN ORELIMINAT ING EARLY VOTING FOR VILLAGE - ELECTIONS BY COUN- CIL RESOLUTION FOR A SPECIFIC ELECTION OPTING OUT OF THE REQUIREMENTS OP PARAGRAPH (2) OF SECTION 101 657 FLORIDA STATUTES PROVIDING FOR SEVERABiLiTY, PROMING F(1 INCLUGON ID CODE PROVIDING FOR AN EFFECTIVE DAM / AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING ARTICLE iI "VILLAGE COUNCIL" OF CHAPTER 2 "ADMINISTRATION" BY CREA„ , SECTION 2 21 "DEFENSE OMMOIMA IN VII MI' PROVID- ING FOR E OF I6 RI iNONS AUNT DEFENSE REST Ik ICr:U =11 NmES, AP B, WIJCZIOS• FAANN-OUS OR GROUND ALLEGATIONS, ftlICNIMS SEVERA BILITY PROVIDING FOR lIft.tra0WIN + '' AND PROVIDING FOR AN EFFECTIVE DATE The proposed Ordliances maybe Imp by the Ohba atthe Office of the Village Clerk Interested parties may r at the Public Hearing and be heard with to the pt �rdinance Any person wishing to address the Village Council on a#em at this Public Hearing is asked to register with the Village Clerk prior to that Item being heard In accordance with the Americans With Disiiilities Act of 1990 ail persons who are disabled and'wloo need special accommodations to participate in this g because of that disability should contact the Office of the Clerk, 88 West McIntyre Street,'Suite 220 Key Biscayne Florida 33149 telephone number (305) 365-55O6 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 3/30 Conchita H Alvarez CMC Village Clerk 06-4 26/659918M ORDINANCE NO 2006-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2-101 "QUALIFYING PERIOD" OF ARTICLE V "ELECTIONS" OF CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE TO AMEND AND CLARIFY EXISTING CODE PROVISIONS CONCERNING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICE OF MAYOR OR VILLAGE COUNCIL SO AS TO CONFORM TO THE RECENT AMENDMENT OF SECTION 5 01 OF THE VILLAGE CHARTER, AND TO PROVIDE A MECHANISM FOR ESTABLISHING QUALIFYING PERIODS FOR ANY SPECIAL MAYORAL OR COUNCIL ELECTIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to vote of the electors on Apnl 11, 2006, the Village Charter was recently amended to eliminate the necessity for pnmary elections for the office of Councilmember, while retaining pnmary elections for the office of Mayor, and WHEREAS, it is necessary to amend Village Code Section 2-101 "Qualifying Penod", so as to conform with the recent Charter amendment, and to address the matter of the qualifying penod for any special election which is required for any vacancy which may occur in the future for the office of Mayor or Village Council dunng an unexpired term of office, 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 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 amending Section 2-101 "Qualifying Penod" of Article V "Elections" of Chapter 2 "Administration", to read as follows 1 Sec 2-101 Qualifying Period Candidates for the office of Mayor or Village Council shall qualify with the Village Clerk no earlier than Noon on the 55th day and no later than Noon on the 45th day pnor to the date of the Mayoral pnmary election for the regular elections cycle of the Village in the method provided for in the Village Charter or Code, and under the rules of elections prescnbed in the Flonda Statutes In those situations in which a special election is called for the purpose of filling a vacancy which occurs on the Council or in the office of Mayor dunng an unexpired term of office, the Council shall by resolution establish the qualifying penod dunng which candidates for the vacant office may qualify with the Village Clerk in the method provided for in the Village Charter or Code, and under the rules of elections prescnbed in the Flonda Statutes 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 Code That 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 the Village of Key Biscayne, that '/ Proposed additions to existing Village Code text are indicated by underline, proposed deletions from existing Village Code text are indicated by stnkethrough 2 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 9th day of May , 2006 PASSED AND ADOPTED on second reading this 13th day of June , 2006 /(.(51 MAYOR ROBERT OLDAKOWSKI AT 0'/.adiel?X4e CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO ORM ANI�-LEGAL SUFFICIENh',1 VILLAGE ATTORNEY F /103 001/Ordinances/Ordinance Amending Qualifying Period 4 20 06 3 Sworn to and subscribed before me this 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 MEETING JUNE 13 2006 ORDINANCE AMENDING SECTION 2 101 ETC in the XXXX Court was published in said newspaper in the issues of 06/01/2006 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 s as either paid nor promised any person firm or corporation nt rebate commission or refund for the purpose g this advertisement for publication in the said per 01 day of JUNE (SEAL) A D 2006 SOOKIE WILLIAMS personally known to me Cheryl H Manner My Commission DD338559 nod 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 Readingby the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday June 13 2006 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, AMENDING SECTION 2401 "QUALIFYING PERIOD" OF ARTICLE V ELECTIONS" OF CHAPTER 2 ADMINISTRATION' OF THE VILLAGE CODE TO AMEND AND CLARIFY EATING CODE PROVISIONS CONCERNING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICE OF MAYOR OR VILLAGE COUNCIL SO AS TO CONFORM TO THE RECENT AMENDMENT OF SECTION 5 01 OF THE VILLAGE CHARTER AND TO PROVIDE A MECHAMSM FOR ESTABLISHING QUALIFYING PERIODS FOR ANY MGM MAYORAL OR COUNCIL ELECTIONS PROVIDE IFOR SEVERABIUIY PROVIDING FOR INCLUSION IN COW PROVIDING FOR AN EFFECTIVE DA1M. The proposed Ordrnai be inspected by the public at the Office of the Village Cleric, besieged parties may appear at the Public Heanng and be heard with respect to the proposed Ordinance Anyperson wish ing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that Item being heard In accordance with the Americans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220 Key Biscayne Florida 33149 telephone number (305) 365-5506 not later than two business days prior to such proceeding Should any person dee're 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 6/1 Conchita H Alvarez CMC Village Clerk 06-4-41 /685182M ORDINANCE NO 2006-4 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS — PHASE III 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 III, 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 Authonzing Ordinance B The Capital Project consists of the construction of Crandon Boulevard Improvements — Phase III C Phase III of the Crandon Boulevard work is the third and final phase implementing the Crandon Boulevard Master Plan The Project limits are from the McIntyre — Galen intersection down to the entrance of Bill Baggs Cape Florida State Park 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 and other amenities D The cost of the entire Project is approximately $4 2 Million Dollars This amount represents the projected cost of the Project based upon the estimate of the Village's Project Engineer The actual cost shall be determined by the Village Council, based upon the contract of construction which is entered into following the completion of the competitive bidding process The Project shall also be subject to financing costs The Project will be funded with monies to be received from Miami -Dade County (the "County Funds") from toll revenues provided pursuant to Section 338 165, Flonda Statutes The Village anticipates initially financing the Project by borrowing funds, pending the receipt of the County Funds which shall be used for payment of the annual debt service on such loan 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 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, upon completion of the Village's competitive bidding process 2 D That the Village Manager is authonzed to take all action necessary to implement this Ordinance, and is authonzed to expend Village funds held, obtained or received by the Village in accordance with this Resolution and as authonzed by any borrowing ordinance for the Project, and to provide for the construction of the Project pursuant to Village budget appropnations The Project shall not proceed unless the County Funds which are identified above are committed to the Village, and the Project is hereby authonzed subject to such 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 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 3 Section 6 Effective Date That this Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 13th day of June, 2006 PASSED AND ADOPTED on second reading this 27th day of June, 2006 Ao (ela..14.(,. MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE A T •t EY 4 EXHIBIT "A" PUBLIC NOTICE Pursuant to Village of Key Biscayne Charter Section 4 03(9), notice is hereby provided that on Tuesday, June 27th, 2006, 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 III, (the "Project") shall be heard by the Village Council, as follows A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS — PHASE III 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 Phase III of the Crandon Boulevard work is the third and final phase implementing the Crandon Boulevard Master Plan The Project limits are from the McIntyre — Galen intersection down to the entrance of Bill Baggs Cape Flonda State Park 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, irngation, street furniture and other amenities Cost The projected cost of the Project is approximately $4.2 Million Dollars This amount represents the projected cost based upon the estimate of the Project Engineer The actual cost shall be determined by the Village Council based upon the contract of construction which is entered into following the completion of the competitive bidding process The Project will be funded with monies to be received from Miami -Dade County (the "County Funds") The Village anticipates initially financing the Project by borrowing funds, pending receipt of County Funds which are to be used for payment of the annual debt service for the term of the loan Financing costs shall also apply to the Project 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) 5 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, June 27th, 2006, 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 a Capital Project Authonzing Ordinance for the Crandon Boulevard Improvements — Phase III shall be heard by the Village Council Capital Project Phase III of the Crandon Boulevard work is the third and final phase implementing the Crandon Boulevard Master Plan The Project limits are from the McIntyre — Galen intersection down to the entrance of Bill Baggs Cape Flonda State Park 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, imgation, street furniture and other amenities Cost The projected cost of the Project is approximately $4 2 Million Dollars This amount represents the projected cost based upon the estimate of the Project Engineer The actual cost shall be determined by the Village Council based upon the contract of construction which is entered into following the completion of the competitive bidding process The Project will be funded with monies to be received from Miami -Dade County (the "County Funds") The Village anticipates initially financing the Project by borrowing funds, pending receipt of the County Funds for payment of annual debt service on such loan 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 /103 001/Ordinances/Capital Project — Construction of Crandon Blvd Improvements Phase III 5 9 06 6 VILLAGE OF KEY BISCAYNE OFFICE OF TMIE 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 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 Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING MEETING 6/27/06 in the XXXX Court was published in said newspaper in the issues of 06/16/2006 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- •ate com .. • or refund for the purpose of securing s advert, ant for iublication in the said newspap Sworn to and subscribed before me this (SEAL) 4 st ^r t,Dl99' C55 0 V FERBEYRE personally Pirool Muir,4 A Rh 20+ j 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 June 27 2006 at 700 p m , in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Flonda A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE") CONCERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS PHASE III 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 FUNDIt PROVIDING FOR NOTICE OF ORDINANCE ADOPTION PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE - FLORIDA, AMENDING SECTION 22-31 "WEST MASHTA ROAD BRIDGE OF CHAPTER 22 "PUBLIC PLACES" THE VILLAGE CODE TO PROVIDE RESTRICTIONS ON HOURS OF USE AND TO AMEND REFERENCE TO SPECIAL EVENT PERMIT SECTION IN CONFORMANCE WITH REVISIONS TO CHAPTER 17 PROVIDING FOR SEVERABIUTY PROVID- ING FOR INCLUSION IN THE CODE PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE • A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA (THE "VILLAGE") CONCERNING THE CONSTRUCTION OF THE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT (THE "PROJECT") OF THE VILLAGE, AUTHORIZING AND PRO- VIDING FOR THE V)L).AGE TO CONSTRUCT THE PROJECT AS DESCRIBED HEREIN, AUTHORIZING EXPENDITURE OF FUNDS PROVIDING FOR NOTICE OF ORDINANCE ADOPTION, PROVIDING FOR SEVERABIUTY, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING CHAPTER 21 "PUBLIC RIGHTS -OF - WAY" AT ARTICLE II "LANDSCAPING IN PUBLIC RIGHTS - OF WAY", BY CREATING -SECTION 21 15 "EXEMPTION" TO EXEMPT THE VILLAGE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT FROM THE PROVISIONS OF SECTION 21 12 "VILLAGE PROJECTS WITHIN THE PUBLIC RIGHTS -OF WAY", PROVIDING FOR SEVERA BILITY PROVIDING FOR INCLUSION IN CODE 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 Hearing is asked to register with the Village Clerk prior to -that item being heard In accordance with the Americans With Disabilities Act of 1990 all persons vbho are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Florida 33149 telephone number (305) 365 5506 not later than two business days prior to such proceeding Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public hearing Conchita H Alvarez CMC Village Clerk 6/16 06-4 25/691576M VILLAGE OF KEY BISCAYNE 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 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 Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE CHARTER SECTION PH 6/27/06 CAPITAL PROJECT AUTHORIZING ORDINANCE ETC in the XXXX Court was published in said newspaper in the issues of 06/16/2006 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 ate comm : - or refund for the purpose of securing t► s advert' - ent for ' ublication in the said newspape Sworn to and subscribed before me this (SEAL) O V FERBEYRE personally knowrf9me F G j ( A '1(I Pursuant to Village of Key Biscayne Charter Section 4 03(9) notice is hereby provided that on Tuesday June 27, 2006, at 7600 p m in the Village Council Chamber at 560 Crandon Boulevard, Key Biscayne Florida a public hearing on the second and final reading of an Ordinance concerning the Crandon Boulevard Improvements Phase III (the Project") shall be heard by the Village Council as follows A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE '- • UCTION OF CRANDON BOULEVARD • ENTS PHASE III OF THE VILLAGE, AUTHO ` ► r AND PRO FOR THE VILLAGE TO CON IMPROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN ROADWAYS IN THE VICINITY OF CRAN • • BOULEVARD, AS DESCRIBED HEREIN, AUTHORIZIN c EXPENDITURE OF FUNDS PROVIDING FOR • • E OF ORDINANCE ADOPTION PROVIDING FOR ABILITY PROVIDING FOR AN EFFECTIVE DATE Capital Project Phase III of the Crandon Boulevard work is the third and final phase implementing the Crandon Boulevard Master Plan The Project limits are from the McIntyre Galen intersection down to tti entrance of Bill Beggs Cape Florida State Park 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 irngation street furniture and other amenities Cost The projected cost of the Project is approximately $4 2 Miliio( Dollars, This amount represents the projected cost based upon the estimate of the Project Engineer The -actual cost shall be determined by the Village Council based upon the contract of construction which IS entered into following the completion of the competitive bidding process The Project will be funded with monies to be to Celved from Miami Dada County (the County Funds) The Vftlage a pates initially finance the Project by borrowing funds pending rec: �of County Funds whiotr are to be used for payment of the arm debt service for the term of the loan Financing costs shall aldo apply to the Project This Notice is published in addition to and cori)empdraneously with notices regularly published for second readings of Ordinances For any question on this item please contact the Village Clerk at (305) 365 5506 or visit the Village website at www.keybiscayne fl gov IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN TH18 PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK 88 WEST MCINTYRE STREET KEY BISCAYNE FLORIDA 33149 TELEPHONE NUMBER (305) 365 5506 NOT LATER THAN TWO (2) BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS ARID FOR SUCH PURPOSE MAY NEED TO E$(SURE THAT AVERBATIM RECORD OF THE PROCEED INGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F S 286 0105) 6/16 06 3 26/691577M ORDINANCE NO 2006-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 22-31 "WEST MASHTA ROAD BRIDGE" OF CHAPTER 22 "PUBLIC PLACES" THE VILLAGE CODE TO PROVIDE RESTRICTIONS ON HOURS OF USE AND TO AMEND REFERENCE TO SPECIAL EVENT PERMIT SECTION IN CONFORMANCE WITH REVISIONS TO CHAPTER 17, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR A PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village is the owner of the West Mashta Road Bndge (the "Bndge"), and WHEREAS, due to secunty concerns, the Village Council wishes to amend Section 22-31 "West Mashta Road Bndge" of the Code of Key Biscayne, Flonda to restnct the hours of saltwater fishing at the Bndge, and WHEREAS, the Village Council finds that the provisions of this Ordinance are necessary for the purpose of protecting the public health, safety and welfare, as authonzed by Section 370 102, Flonda Statutes NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals That each of the above stated recitals is hereby adopted and confirmed Section 2 Village Code Amended. That Section 22-1 "West Mashta Road Bndge" of the Village Code of the Village of Key Biscayne, Flonda is hereby amended as follows 1 I / Proposed additions to existing code text are indicated by underline, proposed deletions to existing code text are indicated by stnkethrough ill Section 22-1 West Mashta Road Bridge *** (e) Special Events Permits In the event that a group of persons desire to utilize the Bndge for Fishing Activities, the Village Manager may issue a Special Event Permit pursuant to the provisions of Village Code Section 17-5 requiring the issuance of a special events permit shall be applicable * * * (h) Hours of Use Saltwater Fishing Activities or Fishing Activities at the Bndge shall be limited to daylight hours between sunrise and sundown Exemptto.is This taw - Exemptions. This section shall not be construed to prohibit the simple, direct passage of vehicles or pedestnans over the Bndge in accordance with 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 that the provisions of this Ordinance shall become and made a part of the Village Code, that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropnate word Section 5 Penalty. 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 2 to exceed sixty (60) days or both such fine and imprisonment Each day that a violation continues shall be deemed a separate violation This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F S , as amended, and Section 2-31, et seq of the Village Code, as amended Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction Section 6 Effective Date This Ordinance shall become effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 13th day of June, 2006 PASSED AND ADOPTED on second reading this 27th day of June , 2006 Aocet,A4 l_. MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO ORM AND LEGAL SUFFI VILLAGE ATTO F \100\103001\Ordinances\Mash Bridge Ordinance 5 9 06 doc 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 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 Florida that the attar hed copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING MEETING 6/27/06 in the XXXX Court was published in said newspaper in the issues of 06/16/2006 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 -.ate corn - . • or refund for the purpose of securing s advert; ,, ent for iublication in the said newspap 16 Sworn to and subscribed before me this (SEAL) 0 V FERBEYRE personally known to me Rr Notice is hereby given Second Heading by the Villa a meeting to be held qn Tueada Council Chamber located at 560 Flonda A CAPITAL PROJECT AUTHORIZING ORDI VILL4GE OF KEY siscAy E, P IDA fits CONCERNING ' ilE OTIQN l BOULEVARD IMPROVEMENTS VILLAGE AUTHORIZI VILLAGE TO STRU LE BQUVARDC 3 A VICINITY OF ND HEREIN, AUTI�I PROVIDING FOR NOTICE OF ORDI IIANCE A PTION PROVIDING FOR SEVERABILITY, PROVIDING ,FOR AN EFFECTIVE DATE F THE E") DON fiE ED AN ORDINANCE -OF THE VILLAGE OF KEY BISCAYNE - FLORIDA, AMENDING SECTION 22-$1 MWEST 1ASHTA PPIJLCPL ACAS THE � NT S TO V�D OR A ROAD BRIT GE" pF CHARTER 22 VILLAGE CODEX? PRO���� OF USE AND T0 AMEN PERMIT SECTI04 IN CHAPTER 17, PROVI ING FOR INCLUSION IN THE COD _ PENALTY, AND PROVIDING fORANEFFFEOT1VI DATE A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, F .#RIWA iTtIE'WIU.AGE' CONCERNING THE CONSTRUCTION, OF THE SANITARY SEWER AND WATER LINE IMPROV Et ROJJFCT {THE EA PROJECT ) OF THE VILLAGE, U HO�tG,AAND PRO- VIDING FOR THE VILLAGE TQ CONSTRUCT HE PROJECT AS DESCRIBED HEREIN AUTHORIZING EXPENDITURE E OF FUNDS PROVIDING FOR NOTICE OF ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING CHAPTER 21 "PUBLIC RIGHTS -OF WAY AT ARTICLE II "LANDSCAPING IN PUBLIC RIGHTS OF WAY , BY CREATING SECTION 21 15 "EXEMPTION TO EXEMPT THE VILLAGE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT FROM THE PROVISIONS OF SECTION 21 12 VILLAGE -PROJECTS WITHIN THE PUBLIC RIGHTS-QF WAY PROVIDING FOR SEVERA BILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DALE The proposed Ordinances 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 Ordinances Any person wishing to address the Village Council on any stern at this Public Hearing is asked to register with the Village Clerk prior to that item being heard In accordance with the Americans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Florida 33149 telephone number (305) 365 5106 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 procetidin9e is made including all testimony and evidence upon which any appeeI may be based (F S 286 0105) Comments of any interested party relative to this matter rriay be submitted in writing and or presented in person atthe,publii:hearing Conchita H Alvarez GMC Village Clerk 6/16 06-4 25/691576M ORDINANCE NO 2006-6 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF THE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT (THE "PROJECT") OF THE VILLAGE, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT THE PROJECT 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 authonze and provide for the construction of the Sanitary Sewer and Water Line Improvement Project (the "Project"), 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 Authonzing Ordinance B The Capital Project consists of the construction of the Project C The Project improvements include providing public sanitary sewer systems, including sewer laterals, gravity sewers, sewer manholes, pump station construction or upgrades, and other public sanitary sewer system components for all portions of the Village which are not presently served by public sanitary sewers, and also includes replacement of the cement -asbestos water lines within the sanitary sewer improvement area of the Project The Project also includes restoration of pavement, landscaping and other areas affected by the work D The cost of the Project is approximately Nineteen Million Four Hundred Thousand ($19,400,000 00) Dollars Based upon the Village Project Engineer's cost estimate, the Project cost detail is, as follows Sanitary Sewer Component Zone 1 — Sanitary Sewer Zone 1 — Pump Station Upgrade Zone 1 — Total Zones 2/3 — Sanitary Sewer Zones 2/3 — New Pump Station Zones 2/3 — Total Zone 4 — Total Sanitary Sewer Total Sanitary Sewer Water Line Component Zone 1 Zones 2/3 Zone 4 Total Water Line Replacement $2,000,000 00 $ 247,000 00 $6,977,000 00 $ 344,000 00 $ 2,247,000 00 $ 7,321,000 00 $ 1,358,000 00 $10,926,000 00 $ 2,260,000 00 $ 5,320,000 00 $ 820,000 00 $ 8.400,000 00 E Each of the cost items stated above are projected costs as required by Village Charter Section 3 07(b) The actual costs will be determined by the Village Council based upon the contract for construction for the Project which is awarded as a result of the competitive bidding process Project administration and financing costs shall also be applicable 2 Section 3 Project Authorized, Funding Conditions A That the Project, as descnbed herein, is hereby authonzed to be constructed by the Village B That the Village Council shall, by resolution, enter into contract(s) for the construction of the Project in accordance with the plans prepared by Post Buckley Schuh and Jernigan (the "PBSJ"), the Village's Project Engineer C 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 D That the construction of the Project shall not proceed unless and until county and federal funding assistance for the applicable component or zone of the Project is committed to the Village, as follows a Miami -Dade County general obligation bond proceeds of Five Million One Hundred Thousand ($5,100,000 00) Dollars for use on the Sanitary Sewer Component, b Federal EPA grant for One Million ($1,000,000 00) Dollars for use on the Sanitary Sewer Component c Miami -Dade County WASA funding assistance of Six Million ($6,000,000 00) Dollars for use on the Water Line Replacement Component, 3 E That the construction of the Project shall be subject to the adoption of a Village borrowing ordinance (and any necessary implementing borrowing resolutions) for the financing of the Project, and the Project is hereby authonzed subject to the funding conditions which are referenced or descnbed herein F The Project may be constructed in phases, in accordance with the availability of funds for the Project, so that the improvements for Zone 1 and Zone 4, Sewer Component and Water Line Replacement Component, may be constructed pnor to the Zone 2/3 Sewer Component and Water Line Replacement Component, depending upon the availability of funds to the Village for payment of construction costs 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 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 4 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 6 Effective Date That this Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 13th day of June, 2006 PASSED AND ADOPTED on second reading this 27th day of June, 2006 /GDrcaat., L. MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFIC VILLAGE A TO 5 EXHIBIT "A" PUBLIC NOTICE Pursuant to Village of Key Biscayne Charter Section 4 03(9), notice is hereby provided that on Tuesday, June 27, 2006, 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 an Ordinance concerning the Sanitary Sewer and Water Line Improvement Project (the "Project") shall be heard by the Village Council, as follows ORDINANCE NO 2006- A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF THE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT (THE "PROJECT") OF THE VILLAGE, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT THE PROJECT AS DESCRIBED HEREIN, AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE Capital Project The Project includes the provision of public Sanitary Sewer service systems to serve all of those portions of the Village of Key Biscayne which presently do not have Sanitary Sewer service available The Project also includes replacement of the existing cement - asbestos water lines within the Sanitary Sewer Project area The Sanitary Sewer improvements to be made include the provision of public Sanitary Sewer in Zones 1, 2/3, and 4 of the Village, Pump Station upgrade in Zone 1, and a new Pump Station in Zones 2/3 Sanitary Sewer Zones 1, 2/3 and 4 are descnbed on a Sewer Project Zone Map which is on file in the Office of the Village Clerk Cost The projected cost of the Project is approximately Nineteen Million Four Hundred Thousand ($19,400,000 00) Dollars This cost includes the Sanitary Sewer Component as well as the Water Line Component (Sewer = $11,000,000 00, Water = $8,400,000 00) The Project shall not proceed unless certain County and federal funds are committed to the Village, and the Village obtains financing, and is to be authonzed subject to such funding conditions 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) 6 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, June 27, 2006, 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 a Capital Project Authonzing Ordinance for the Sanitary Sewer and Water Line Improvement Project (the "Project") shall be heard by the Village Council Capital Project Provides public sanitary sewers for all portions of the Village not presently served by sanitary sewers, and provides for replacement of cement - asbestos water lines in the Sewer Project area Cost The cost of the Project is approximately $19 4 Million Dollars This cost includes the Sanitary Sewer Component as well as the Water Line Component The Project shall not proceed unless certain County and federal funds are committed to the Village, and the Village obtains financing, and is to be authonzed subject to such funding conditions 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 /Ordinances/Ordinance 2006 — Capital Project Authorizing Sanitary Sewer 5 3 06 7 EAST ENID DR. \ \'• \ L. ti \ GRAPETREE S 0 > n_ �D n ro1BA DR �G 1 LEG END z a w 0 0 0 H Z Q -J I- < ■ EXISTING MDWASD PUMP STATION Q PROPOSED PUMP STATION ZONE 1 ZONE 2/3 ZONE 4 PBS'. VILLAGE OF KEY BISCAYNE SANTARY SEWER SYSTEM AND WATER SYSTEM LUPROVE ITS KEY MAP VILLAGE OF KEY BISCAYNE 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 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 Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE CHARTER SECTION PUBLIC HEARING 6/27/2006 in the XXXX Court was published in said newspaper in the issues of 06/16/2006 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 bate commiss • s or refund for the purpose of securino is adve - -nt for ublication in the said newspap (SEAL) Sworn to and subscribed before me this Al S 10 -. i /' "orn EXpi'[c..a i 14 ck ('4 2f)J 0 V FERBEYRE personally known to me J Pursuant to Village of Key Biscayne Charter Section 4 03(9) notice is hereby provided that on Tuesday June 27 2006 at 7 00 pm in the Village Council Chamber at 560 Crandon Boulevard Key Biscayne Ftorida a public hearing On the second and final reading of an Ordinance concerning the Sanitary Sewer and Water Line Improvement Project (the Project") shall be heard by the Village Council as follows A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA (THE "VILLAGE") CONCERNING THE CONSTRUCTION OF THE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT (THE "PROJECT") OF THE VILLAGE AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT THE PROJECT AS DESCRIBED HEREIN AUTHORIZING EXPEN DITURE OF FUNDS, PROVIDING FOR NOTICE OF ORDINANCE ADOPTION PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE Capital Project The Project ilidudes the provision of public Sapitary Sewer service systems to serve all of those portions of the Village of Key Biscayne which presently do not have Sanitary Sewer service available The Project also includes replacement of the existing cement asbestos water lines within the Sanitary Sewer Project area The Sanitary Sewer improvements to be made include the provision of pubic Sanitary Sewer in Zones 1 2/3 and 4 of the Village, Pump Station upgrade in Zone 1 and a new Pump Station in Zones 2/3 Sanitary Sewer Zones 1 2/3 and 4 are descnbed on a Sewer Project Zone Map which is on file in the Office of the Village Clerk Cost The projected cost of the Project is approximately Nineteen Million Four Hundred Thousand ($19 400 000.00) Dollars This cost includes the Sanitary Sewer Component as well as the Water Line Component (Sewer = $11 000 000 00 Water = $8 400 000 00) The Project shall not proceed unless certain County and federal funds are committed to the Village and the Village obtains financing and is to be authonzed subject to such funding conditions 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) 6/16 06-3 27/691578M ORDINANCE NO 2006-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 21 "PUBLIC RIGHTS -OF - WAY", AT ARTICLE II "LANDSCAPING IN PUBLIC RIGHTS -OF -WAY", BY CREATING SECTION 21-15 "EXEMPTION" TO EXEMPT THE VILLAGE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT FROM THE PROVISIONS OF SECTION 21-12 "VILLAGE PROJECTS WITHIN THE PUBLIC RIGHTS -OF -WAY", PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 21-12 "Village Projects within the Public Rights -of -Way" imposes certain procedures to be followed in circumstances where Village projects or improvements in the public nght of way require removal of landscape matenals, and WHEREAS, the presently pending Village sanitary sewer and water line improvement project (the "Project"), is already subject to specific public hearing requirements pursuant to Village Charter Section 4 03(9), and WHEREAS, the Village Council finds that it is not necessary or desirable to provide for the Project to be subject to the additional public hearing and notice procedures set forth in Section 21-12 of the Village Code, and that the application of such procedures to the Project may serve to delay or impede the Project, and WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best interest 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 are hereby adopted and confirmed Section 2 Village Code Amended That the Village Code of the Village of Key Biscayne, Flonda, is hereby amended by amending Article II "Landscaping in Public Rights -Of -Way", of Chapter 21 "Public Rights -of- Way", which Article prior to the adoption of this Ordinance consisted of the provisions which are set forth on Exhibit "A" attached hereto, by creating Section 21-15 "Exemption", to read as follows Sec 21-15 Exemption The provisions of Section 21-12 "Village Projects within the Public Rights - of -Way" shall not be applicable to that certain sanitary sewer and water line improvement project (the "Project") which is authorized by Capital Project Authorizing Ordinance No 2006- , as adopted on June 27, 2006 The Village Manager may authorize the Project contractor to remove any Landscape Materials which are in conflict with the work of the Project The Village Manager may replace Landscape Materials which are removed as a result of the Project, in accordance with the Project work items, but the Village shall not be responsible for the maintenance or survival of any Landscape Matenals which are so replaced 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 Code That it is the intention of the Village Council, and it is hereby ordained that the provisions 2 EXHIBIT "A" ARTICLE II LANDSCAPING IN PUBLIC RIGHTS -OF -WAY Sec 21-10 Purpose Surveys conducted in the Village have shown that many property owners have installed landscaping matenals within the Swale portion of the Village's Public Rights -of -Way While, in most cases, these installations have beautified the Village, in some instances the landscaping matenals could create a safety threat (such as when they prevent pedestrians from being able to step off of the paved roadway or block motorists' line of sight) Additionally, use of the Public Rights -of -Way in this manner is inconsistent with its use by the public for travel purposes and, restncts the ability to alter the developed portion of the Public Rights -of -Way in the future if the need for such alteration should anse Sec 21-11 Restrictions on the placement of Landscape Materials in the Public Rights - of -Way Landscape Materials may be installed or maintained in the Public Rights -of -Way subject to the following restnctions (a) For properties where the dnveway(s) can accommodate three or more parked vehicles, an area three feet wide, parallel with and immediately adjacent to the edge of the paved roadway, shall be maintained as a step off clear zone No Landscape Materials other than sod are permitted in the step off clear zone For properties where the driveway(s) can accommodate less than three vehicles, an area six feet wide, parallel with and immediately adjacent to the edge of the paved roadway, shall be maintained as a clear zone With the exception of Street Trees, no Landscape Materials other than sod are permitted in the clear zone However, plantings with a height not to exceed two and one half feet may be maintained within a radius of 24 inches from the base of any Street Tree Trees installed pnor to the adoption of this chapter ("Existing Trees") may be retained in the clear zone so long as the tree is not less than three feet from the paved roadway, the lowest limb is a minimum of six feet above the ground and they are not so closely situated so as to prevent pedestrians from stepping off of the paved roadway as vehicles pass by Plantings with a height not to exceed 2 1/2 feet may also be maintained within a radius of 24 inches from the base of any Existing Tree that is allowed to remain pursuant to this provision (b) Except within a line -of -sight tnangle, Landscape Materials with no height restriction may be maintained within the remainder of the Public Right -of - Way area 4 (c) Line -of -Sight Tnangles There shall be maintained a Line -of -Sight Tnangle which shall be an isosceles tnangle with sides ten feet along the edge of the dnveway and the edge of the street In cases where a sidewalk exists, an additional Line -of -Sight Tnangle with sides five feet along the edge of the dnveway and the edge of the sidewalk shall be maintained Within the Line - of -Sight Tnangle Landscape Matenals shall be maintained at a height not to exceed 2 1/2 feet or with the lowest tree limb at least six feet above the ground (d) In cases where the Public Right -of -Way width is greater than 50 feet, the distances from the paved roadway shall be expanded proportionately (e) When a sidewalk exists or is installed, no Landscape Matenals, with the exception of Street Trees, may be maintained between the edge of the paved roadway and the sidewalk Where Street Trees are have been installed, plantings with a height not to exceed 2 1/2 feet may be maintained within a radius of 24 inches from the base of the Street Tree (f) Landscape Matenals shall be maintained in compliance with the requirements of the "Metropolitan Dade County Public Works Manual, Part 1 Standard Details" at all street intersections (g) The sloping of all Public Rights -of -Way shall be maintained in accordance with the "Dade County Department of Planning, Development and Regulation Landscape Manual" Sec 21-12 Village projects within the Public Rights -of -Way The following procedures shall be followed in circumstances where Village projects or improvements in the Public Right -of -Way require removal of Landscape Matenals ("Village Projects") (a) Village Projects must be approved by the Village Council after a public heanng (the "Approval Heanng"), (b) At least 60 days Wntten notice of the Approval Hearing shall be sent by certified mail, return receipt requested, to each owner of property where Landscape Matenals are to be removed ("Affected Owner"), (c) At least 60 days pnor to an Approval Hearing the Village shall also place an ad in a newspaper of wide readership in the Village containing information regarding the Village Project and the time and date of the Approval Heanng, 5 (d) If the Village Project is approved, the Village shall send Wntten notice, certified mail, return receipt requested, to each Affected Owner requinng that Landscape Matenals be removed within 90 days This 90 -day penod may be shortened by the Village Council in case of emergency, (e) The Village may remove any Landscape Materials that are not removed by the Affected Owner within the 90 -day period, (f) The Village may replace Landscape Materials removed as a result of a Village Project ("Replaced Matenal"), and (g) The Village shall not be responsible for the maintenance or survival of Replaced Matenal Sec 21-13 Enforcement Enforcement of the provisions of this article shall be by action before the special master or such other method of code enforcement as the Village may use pursuant to the provisions of F S Chapter 162 Sec 21-14 Variances Owners of developed property may apply for a Supervisory Variance for existing Landscape Material within the Public Rights -of -Way which does not comply with these provisions F /103 001/Ordinances/Ordinance Amending Rights of Way 5 11 06 6 of this Ordinance shall become and be 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 Effective Date That this Ordinance shall be effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 13th day of June, 2006 PASSED AND ADOPTED on second reading this 27th day of June, 2006 /Lo csu ce, L - MAYOR ROBERT OLDAKOWSKI ATTEST CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTO ►J Y 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 SECOND READING MEETING 6/27/06 in the XXXX Court was published in said newspaper in the issues of 06/16/2006 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- •ate corn • or refund for the purpose of securing - s advert ant for publication in the said newspap Sworn to and subscribed before me this (SEAL) 0 V FERBEYRE personally khawrl to me Notice is hereby given that the fa n Second -Reading by the Village t i p a meeting to be held can Tuesday, JO. Council Chamber located at 560 Craf'idc n Florida A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE F KEY BISCAY' FLORIDA (TIE "VI GE") CONCERN NG THE CONSTRUCTION OF CRANDON BOULEVARD 1MPROVEM NTS PHASE ail OF THE VILLAGE, AUTHORIZING -4ND +Rid yIDiN,G FOR,, THE VILLAGE TO CONSTRUCTIMPROVEMENTS ON CRAiNDON BOULEVARD AND AT RTAIN ROADWAYS . IN THE VICINITY OF ,,CRANDON ARO, ,AB DESCRIBED HEREIN, AUTHORIZING � RE OF -FUNDS, PROVIDING FOR NOTICE OF ORDINA clemon iscayneat p m ; in the -Biscayne CE ADOPTION PROVIDING FOR SEVERABILITY PROVIDING -FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 22-31 '"WEST MASHTA ROAD BRIDGE OF CHAPTER 22 "P.U$LIC PLACES THE VILLAGE CODE TO pROVIpl REETRIPTIONSON HOURS OF USE AND TOAMENI) REFERENrActo spit4tALEVENT PERMIT SECTION iN CONE RMf 1NCE WITH REVISIONS TO CHAPTER 17 PROVIDING OR SSEVERABILITY, PROVID ING FOR INCLUSION IN THE COPE, PROVIDING FOR A PENALTY, AND PROVIDING )TOR AN`FJI ,ECTIVE DATE A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA 0 -tie "VILLAGE, ) CONCERNING THE CONSTRUCTION OF THE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT (THE "PROJECT ) OF THE VILLAGE, AUTHORIZING AND PRO VIDIrNG FOR THE VILLAGE TO CONSTRUCT THE PROJECT AS DESCRIBED HEREIN, AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FCR NOTICE OF ORDINANCE ADOPTIQN,,PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING CHAPTER 21 "PUBLIC RIGHTS -OF WAY AT ARTICLE II i LANDSCAPING IN PUBLIC RIGHTS OF WAY , BY CREATING•SECTION 21 15 "EXEMPTION TO EXEMPT THE VILLAGE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT FROM THE PROVISIONS OF SECTION 21 12 VILLAGE PROJECTS WITHIN THE PUBLIC RIGHTS OF WAY , PROVIDING FOR SEVERA BILITY, PROVIDING FOR INCLUSION IN CODE 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 Hearing and be heard with respect to the proposed Ordinances Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to•that item being heard In accordance with the Americans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Florida 33149 telephone number (305) 365 5506 not later than two business days prior to such proceeding Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public heanng 6/16 Conchita H Alvarez CMC Village Clerk 06 4 25/691576M ORDINANCE NO 2006-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007 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, 2006 and the Village Council scheduled the public heanng required by Section 200 065(2)(c) of the Flonda Statutes to be held on September 12, 2006 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public heanng scheduled for September 12, 2006, 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 12, 2006, 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 Florida 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, 2006, through September 30, 2007, was held, as advertised, on Tuesday, September 26, 2006, at 7 00 p m , in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida and the Council considered comments from the public 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, 2006, are hereby approved and adopted Section 2 This ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on the first reading this 12th day of September , 2006 PASSED AND ADOPTED on the second reading this 26th day of September, 2006 AOcitar,,L____ MAYOR ROBERT OLDAKOWSKI AT Ole?' C�TCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE AT ORNEY -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 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 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 ETC in the XXXX Court was published in said newspaper in the issues of 09/07/2006 09/14/2006 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 thy verbs or publication in the said newspaper 14 (SEAL) Sworn to and subscribed before me this 0 V FERBEYRE personally known to me <IN Mana I Mesa My Commission DD293855 0 Expires March 04 2008 VILLAGE OF KEY BISCAYNE OIL OF THE 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 2006 THROUGH SEPTEMBER •Oir ANT TO FLORIDA STATUTE 2� (TRIM BILL) PROVIDING FOR AN EFFECTIVE A Public Heanng on the first reading of this proposed Ordinance has been scheduled by the Village Council for Tuesday September 12 2006 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 26 2006 at 700 pm in the Village Council Chamber 560 Crandon Boulevard Key Biscayne Flonda Interested, parties are invited to appear and be heard A copy of the proposed ordirna nce maatre obtained at Village Hall Office of the Village Clerk, 88 West McIntyre Street Suite 220 Key Biscayne Florida 33149 Should • = - in desire to appeal any decision of the Village Council with ' `infiiaMrtt3 be considered at-thismeMitig the person shall insure that a verbatim record of the proceedings is made including �FII teerstlilonfe and ievIderice upon which any appeal may be based {F S 286 0105) Conchita H Alvarez CMC Village Clerk 9/7 14 0C -4-36/722248M Village of Key Biscayne Adopted Budget Fiscal Year 2006-2007 Village of Key Biscayne Adopted Budget Fiscal Year 2006-2007 Descripti on FY2006 Act ual Projected Ad opted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance Revenues Ad Valorem Taxes $14 688 288 $14 654 740 $14 688 288 $18 452 476 25 63 % Franchise Fees $700 000 $0 $1 088 929 $855 000 22 14% Utility Taxes $2 243 050 $1 705 595 $2 312 479 $2 397 099 6 87% State Shared Revenue $882 500 $780 573 $979 508 $1 028 483 16 54% Licenses & Permits $919 945 $993 768 $993 768 $1 054 126 14 59% Charges for Services $1 454 596 $1 570 543 $1 702 603 $1 515 625 4 20% Grants & Donations $7 500 $560 358 $1 955 222 $7 500 0 00% Other Revenue $225 000 $248 978 $255 000 $239 247 6 33% To tal Revenues $21 120 879 $20 514 554 $23 975 796 $25 549 556 20 97% Ex penditures Council $362 912 $246 717 $309 488 $458 424 26 32% M anager $1 167 942 $978 627 $1 185 887 $1 236 050 10 63% Clerk $372 937 $263 400 $334 123 $415 070 11 30% Attorney $383 000 $233 699 $291 880 $383 000 0 00% Building Zoning & Planning $1 416 328 $1 115 887 $1 499 040 $1 522 196 7 47% Police $4 302 978 $3 536 837 $4 120 196 $4 716 391 9 61% Fire $4 853 035 $4 103 799 $4 783 792 $5 115 576 5 41% Public Works $1 361 662 $3 727 739 $3 976 025 $1 597 881 17 35% Parks & Recreation $1 038 248 $779 482 $990 019 $1 093 478 5 32% Community Center $1 429 914 $1 272 528 $1 567 267 $1 523 702 6 56% Debt Service $2 701 730 $2 656 052 $2 773 033 $2 700 443 0 05% Total Ex penditures $19 390 686 (Excess Revenues) /Ex penditures $18 914 766 $21 830 751 $20 762 209 7 07% $1 730 193 $1 599 788 $2 145 045 $4 787 347 176 69% Page 2 of 22 Adopted Budget cont d Fiscal Year 2006-2007 Description FY2006 Actual Pr ojected Ad opted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance Operating Transfers Out Total Other Financing S ources/(uses) $1 730 193 $1 561 323 $1 561 323 $4 787 347 176 69% ($1 730 193) ($1 561 323) ($1 561 323) ($4 787 347) 176 69% (Excess Revenues) and Other Financing Sources/Expenditures $0 $38 465 $583 722 $0 0 00% Fund Balance @ 10/01/05 Fund Balance @ 09/30/06 $5 754 277 $0 $0 $0 $5 754 277 $38 465 $583 722 $0 Page 3 of 22 General Fund Revenues Description FY2006 Actual Projected Adopted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance Estimated Pr operty Assessment 001 00 311 00300 AD VALOREM TAX $4 287 674 948 n/a n/a $5 630 046 023 31 31% $14 688 288 $14 654 740 $14 688 288 $18 452 476 25 63% Total Ad Valorem $14 688 288 $14 654 740 $14 688 288 $18 452 476 25 63% 001 00 313 00303 FRANCHISE FEE ELECTRIC $700 000 $0 $1 088 929 $855 000 22 14 % Total Franchise Fees $700 000 $0 $1 088 929 $855 000 22 14% 001 00 314 00306 UTILITY TAX ELECTRIC $1 150 000 $823 455 $1 098 982 $1 154 000 0 35% 001 00 314 00308 UTILITY TAX WATER $225 000 $211 201 $295 656 $310 438 37 97% 001 00 314 00309 UTILITY TAX GAS $83 000 $79 393 $116 568 $122 396 47 47% 001 00 314 00310 UTILITY TAX OIL $50 $80 $90 $95 90 00% 001 00 319 00311 SIMPLIFIED COMMUNICATION TAX $785 000 $591 465 $801 183 $810 170 3 21% Total Utility Taxes $2 243 050 001 00 335 00324 STATE REVENUE SHARING 001 00 335 00325 ALCOHOLIC BEVERAGE TAX 001 00 335 00326 HALF CENT SALES TAX To tal Shared Revenues 001 00 321 00312 OCCUPATIONAL LICENSES 001 00 322 00313 BUILDING PERMITS $1 705 595 $2 312 479 $2 397 099 6 87% $175 000 $7 500 $700 000 $147 125 $8 074 $625 374 $220 690 $18 684 $740 134 $231 724 $19 618 $777 141 3241 % 161 57 % 1102% $882 500 $780 573 $57 000 $862 945 $113 921 $879 847 $979 508 $1 028 483 $113 921 $879 847 $108 879 $945 247 16 54% 91 02% 9 54 % Total Licenses & Permits $919 945 $993 768 $993 768 $1 054 126 14 59% Page 4 of 22 General Fund Revenues (continued) Description FY2006 Budget Actual Projected @ 07/31/06 @ 09/30/06 Adopted FY2007 Variance 001 00 329 00317 001 00 331 00319 001 00 335 00322 001 00 343 00339 001 00 343 00340 001 00 349 00341 001 00 349 00342 001 00 351 00345 001 00 354 00346 001 00 354 00347 001 00 354 00352 001 00 359 00348 ZONING & SITE PLAN REVIEW FEES RECREATION FEES FIREFIGHTERS SUPPLEMENT ZONING HEARING FEES CERTIFICATES OF OCCUPANCY RESEARCH & LIEN LETTERS MISCELLANEOUS INCOME FINES & FORFEITURES BUILDING CODE VIOLATION FINES FIRE CODE VIOLATION FINES PROPERTY MAINTENANCE VIOLATIONS SCHOOL CROSSING GUARDS Total Charges for Services 001 00 337 00328 GRANT HRS/EMS 001 00 337 00332 GRANT OTHER 001 00 331 00000 FEMA REIMBURSEMENTS Total Grants & Do natio ns 001 00 361 00349 INTEREST INCOM E Total Other Revenue Total Revenue $18 585 $1 180 000 $8 500 $6 900 $1 912 $47 199 $40 000 $75 000 $50 250 $0 $250 $26 000 $13 624 $1 118 731 $10 297 $21 751 $1 442 $24 510 $243 653 $34 189 $67 411 $14 230 $150 $20 554 $20670 $17416 629 % $1 185 000 $1 251 000 6 02% $10 297 $8 500 0 00 % $21 751 $6 900 0 00% $2 000 $1 413 26 10% $38 000 $29 588 37 31% $243 653 $40 000 0 00% $75 000 $75 000 0 00% $67 411 $50 250 0 00 % $14 230 $9 500 100 00% $250 $500 100 00% $24 341 $25 558 1 70% $1 454 596 $1 570 543 $1 702 603 $1 515 625 4 20% $6 500 $1 000 $0 $1 285 $2 381 $556 692 $1 285 $2 381 $1 951 556 $6 500 $1 000 $0 0 00% 0 00% 0 00 % $7 500 $560 358 $1 955 222 $7 500 0 00% $225 000 $248 978 $255 000 $239 247 6 33% $225 000 $248 978 $255 000 $239 247 6 33% $21 120 879 $20 514 554 $23 975 796 $25 549 556 20 97% Page 5 of 22 Village C ouncil Description FY2006 Budget Actual @ 07/31/06 Projected @ 09/30/06 Adopted FY2007 Variance 001 01 511 10100 001 01 511 10101 001 01 511 41100 001 01 511 48101 001 01 511 64101 001 01 512 45100 001 01 513 31200 001 01 513 34406 001 01 513 34407 001 01 513 43110 001 01 513 49411 001 01 513 49417 ADMINSTRATIVE EXPENSES MEMBERSHIP AND DUES WEBSITE/COMMUNICATIONS ART IN PUBLIC PLACES CAPITAL OUTLAY INSURANCE COMM ITTEE EXPENSES STATE RELATIONS REPRESENTATIVE FEDERAL RELATIONS REPRESENTATIVE UTILITIES CHAMBER OF COMMERCE YOUTH COUNCIL CONFERENCES $30 000 $26 000 $7 000 $15 000 $25 000 $40 749 $500 $50 000 $100 000 $3 600 $55 063 $10 000 $31 875 $5 589 $6 477 $12 740 $22 113 $28 170 $0 $33 121 $56 632 $3 698 $41 297 $5 005 $38 250 $6 707 $7 772 $15 000 $22 113 $37 182 $0 $50 000 $67 958 $4 437 $55 063 $5 005 $37 000 23 33% $16 000 38 46 % $7 000 0 00% $44 500 196 67% $85 000 240 00 % $48 530 19 09% $500 0 00 % $50 000 0 00% $100 000 0 00% $4 831 34 19% $55 063 0 00% $10000 000% Total Council $362 912 $246 717 $309 488 $458 424 26 32% Page 6 of 22 Village Manager Description FY2006 Budget Actual Projected @ 07/31/06 @ 09/30/06 Ad opted FY2007 Variance 001 02 512 12413 001 02 512 12414 001 02 512 12418 001 02 512 12419 001 02 512 12421 001 02 512 21100 001 02 512 22100 001 02 512 23100 001 02 512 24100 001 02 512 25100 001 02 512 32100 001 02 512 32430 001 02 512 34100 001 02 512 34432 001 02 512 40100 001 02 512 41000 001 02 512 41100 001 02 512 41200 001 02 512 43110 001 02 512 44100 001 02 512 45100 001 02 512 47100 001 02 512 49310 001 02 512 49414 001 02 512 51100 001 02 512 64100 001 02 512 64101 001 02 519 49416 VILLAGE MANAGER HOUSING ALLOWANCE ASSISTANT TO THE MANAGER HUMAN RESOURCES COORDINATOR IT ADMINISTRATOR PAYROLL TAXES RETIRE MENT CONTRIBUTIONS LIFE HEALTH DISABILITY INSURANCE WORKERS CO MPENSATION UNEMPLOYMENT COMPENSATION INDEPENDENT AUDITORS FINANCE DIRECTOR CONTRACT APPRAISERS ADMINISTRATIVE EXPENSES TRAVEL & PER DIEM WEBSITE COMMUNICATIONS POSTAGE UTILITIES RENTALS & LEASES INSURANCE PRINTING & BINDING M ISCELLANEOUS EXPENSES MEMBERSHIPS EDUCATION TRAINING OFFICE SUPPLIES FURNITURE & FIXTURES EQUIPMENT CONTINGENCY FOR EMERGENCY $162 306 $0 $60 975 $61 665 $55 085 $16 599 $40 804 $21 600 $496 $2 500 $48 500 $103 000 $1 000 $37 850 $3 150 $25 000 $35 100 $13 700 $7 800 $11 220 $15 335 $850 $3 000 $7 556 $10 000 $2 000 $6 600 $100 000 $134 833 $6 000 $49 704 $50 081 $43 833 $19 552 $34 000 $18 000 $1 210 $0 $51 001 $85 833 $0 $38 367 $1 742 $18 832 $3 282 $5 679 $6 475 $7 239 $17 790 $608 $2 728 $1 578 $6 056 $0 $0 $77 724 $165 728 $10 000 $60 355 $60 813 $53 739 $26 059 $40 876 $21 600 $1 452 $0 $51 001 $103 000 $0 $46 040 $2 090 $25 000 $3 938 $6 815 $7 770 $8 687 $21 348 $730 $3 000 $1 894 $7 267 $0 $0 $95 361 $178509 998% $24 000 100 00% $63 385 3 95% $63 866 3 57% $60 426 9 70% $28 013 68 76% $49 298 20 82% $27 841 28 89% $1 364 174 98% $0 100 00% $50 000 3 09 % $108 150 5 00% $5 000 400 00% $40 000 5 68% $2 000 36 51% $7 000 72 00% $19 000 45 87% $7 200 47 45% $8 535 9 42% $13 030 16 13% $30 596 99 52 % $800 5 88% $2 300 23 33% $4 780 36 74 % $8 000 20 00% $1 000 50 00% $4 500 31 82% $100 000 0 00% Total Administration & Finance $853 691 $682 147 $824 563 $908 592 6 43% 001 02 512 46100 MAINTENANCE & REPAIRS 001 02 512 46110 BLDG M AINTENANCE SKYLINE 001 02 512 46111 BLDG MAINTENANCE FIRE DEPT 001 02 512 46112 BLDG M AINTENANCE POLICE/ADMIN $60 500 $102 000 $46 242 $105 509 $16 480 $80 376 $80 230 $119 394 $19 776 $102 000 $96 276 $143 272 $50 000 $120 000 $55 707 $101 751 17 36% 17 65% 20 47% 3 56% Total M aintenance $314 251 $296 480 $361 324 $327 458 4 20% Page 7 of 22 Village Clerk Description FY2006 Budget Actual Projected @ 07/31/06 @ 09/30/06 Adopted FY2007 Variance 001 03 512 11100 001 03 512 12100 001 03 512 21100 001 03 512 22100 001 03 512 23100 001 03 512 24100 001 03 512 40100 001 03 512 40210 001 03 512 41000 001 03 512 41100 001 03 512 43110 001 03 512 44100 001 03 512 45100 001 03 512 46100 001 03 512 49100 001 03 512 49200 001 03 512 49300 001 03 512 49400 001 03 512 49450 001 03 512 49500 001 03 512 49700 001 03 512 49800 001 03 512 51100 001 03 512 52100 001 03 512 54100 001 03 519 60100 VILLAGE CLERK ASSISTANT TO CLERK PAYROLL TAXES RETIREMENT CONTRIBUTIONS LIFE HEALTH DISABILITY INSURANCE WORKERS COMPENSATION TRAVEL & PER DIEM CAR ALLOWANCE WEBSITE TELEPHONE & POSTAGE UTILITIES RENTALS & LEASES INSURANCE MAINTENANCE & REPAIRS IMAGING EQUIPM ENT/SUPPLIES ORDINANCE CODIFICATION INDEXING MINUTES ELECTION EXPENSES ELECTION ADVERTISING LEGAL ADVERTISING VIDEOGRAPHER VIDEO STREAMING OFFICE SUPPLIES VIDEO & FILMING SUPPLIES M EMBERSHIP & DUES CAPITAL OUTLAY $84 637 $32 376 $8 951 $14 041 $10 800 $497 $4 380 $4 800 $7 000 $2 500 $7 560 $4 069 $6 427 $2 500 $5 000 $3 500 $2 500 $15 000 $10 000 $75 000 $50 400 $6 259 $5 000 $2 500 $1 240 $6 000 $67 583 $24 116 $6 993 $11 700 $9 000 $390 $3 356 $3 600 $5 021 $1 978 $6 473 $2 522 $12 630 $240 $1 795 $2 558 $1 664 $13 251 $8 477 $30 361 $36 810 $5 216 $3 848 $0 $1 041 $2 777 $84 163 $29 858 $8 723 $13 683 $10 800 $497 $4 027 $4 320 $7 000 $2 500 $7 560 $3 027 $15 156 $288 $2 154 $3 070 $1 997 $15 000 $10 000 $45 000 $50 400 $6 259 $4 618 $0 $1 249 $2 777 $91 022 7 54% $30 872 -4 64% $9 692 8 28% $14 627 4 18% $10800 000% $454 8 65% $4 380 0 00% $4 800 0 00 % $7 000 0 00% $2 000 20 00 % $8 227 8 83% $4 038 0 77 % $21 758 238 54% $2 500 0 00% $5 000 0 00 % $3 500 0 00% $2 500 0 00% $25 000 66 67% $20 000 100 00% $75 000 0 00% $50 400 0 00% $6259 001% $5 500 10 00 % $2 500 0 00% $1 240 0 00% $6 000 0 00% Total Clerk $372 937 $263 400 $334 123 $415 070 11 30% Page 8 of 22 Village Attorney Description FY2006 Actual Projected Adopted Budget a@ 07/31/06 a@ 09/30/06 FY2007 Variance 001 05 514 31110 PROFESSIONAL FEES $225 000 $205 380 $250 380 $265 000 17 78% 001 05 514 31210 PROFESSIONAL FEES LAWSUITS $100 000 $158 $1 000 $60 000 -40 00 % 001 05 514 31211 PROFESSIONAL SERVICES LABOR RELATIONS $25 000 $5 011 $7 500 $25 000 0 00% 001 05 514 31310 PROFESSIONAL FEES CONT MATTERS $25 000 $0 $2 000 $25 000 0 00% 001 05 514 31410 OTHER PROFESSIONAL FEES $5 000 $23 049 $30 000 $5 000 0 00% 001 05 514 31510 COURT COSTS & FEES $1 500 $0 $500 $1 500 0 00% 001 05 514 31610 OTHER EXPENSES $1 500 $102 $500 $1 500 0 00% Total Attorney $383 000 $233 699 $291 880 $383 000 0 00% Page 9 of 22 Building, Zoning & Planning Description FY2006 Budget Actual @ 07/31/06 Projected @ 09/30/06 Ad opted FY2007 Variance 001 07 515 12110 001 07 515 12150 001 07 515 12170 001 07 515 12200 001 07 515 12201 001 07 515 12202 001 07 515 12250 001 07 515 12400 001 07 515 12450 001 07 515 12550 001 07 515 12600 001 07 515 12650 001 07 515 12700 001 07 515 12750 001 07 515 13110 001 07 515 21100 001 07 515 22100 001 07 515 23100 001 07 515 24100 001 07 515 31000 001 07 515 31112 001 07 515 31211 001 07 515 31311 001 07 515 34110 001 07 515 40110 001 07 515 40210 001 07 515 41000 001 07 515 41100 001 07 515 42000 001 07 515 43110 001 07 515 44100 001 07 515 45100 001 07 515 49110 001 07 515 49210 001 07 515 49310 001 07 515 51100 001 07 515 54100 001 07 515 54210 001 07 515 64101 DIRECTOR BUILDING OFFICIAL CHIEF PERMIT CLERK PERMIT CLERK PERMIT CLERK CODE ENFORCEMENT/PER MIT CLERK RECEPTIONIST/PERMIT CLERK PLAN REVIEWER SENIOR CODE ENFORCEMENT OFFICER CHIEF BUILDING INSPECTOR CHIEF ELECTRICAL INSPECTOR CHIEF PLUM BING INSPECTOR CHIEF M ECHANICAL INSPECTOR BUILDING INSPECTOR PART TIME INSPECTORS PAYROLL TAXES RETIREMENT CONTRIBUTIONS LIFE HEALTH DISABILITY INSURANCE WORKERS COM PENSATION VISION 20/20 (RESERV ED FUNDS) MASTER PLAN PROFESSIONAL SERV ICES SPECIAL MASTERS CONTRACTUAL SERVICES MILEAGE CAR ALLOWANCE WEBSITE TELEPHONE POSTAGE UTILITIES RENTALS & LEASES INSURANCE PRINTING & BINDING ELECTRONIC SCANNING MISCELLANEOUS EXPENSES OFFICE SUPPLIES MEM BERSHIP & DUES EDUCATION & TRAINING EQUIPMENT $137 883 $113 044 $47 736 $37 776 $37 776 $0 $27 509 $80 992 $43 074 $85 623 $85 623 $24 960 $85 623 $71 293 $38 272 $67 468 $106 197 $70 200 $67 546 $0 $1 000 $25 000 $7 000 $20 000 $3 000 $4 800 $7 000 $3 150 $2 000 $7 800 $3 780 $25 203 $5 000 $30 000 $2 000 $12 000 $5 000 $9 000 $15 000 $108 665 $91 305 $37 583 $30 144 $29 093 $15 744 $22 071 $61 071 $34 890 $69 157 $69 157 $20 160 $69 157 $57 583 $8 770 $52 765 $88 500 $58 500 $43 690 $26 265 $0 $7 770 $2 290 $17 221 $657 $3 600 $5 531 $5 297 $0 $19 421 $4 344 $22 340 $8 271 $6 612 $1 019 $11 287 $1 528 $261 $4 168 $135 181 $113 044 $46 763 $37 409 $36 357 $18 881 $27 492 $75 612 $43 422 $85 623 $85 623 $24 960 $85 623 $71 293 $11 908 $68 788 $107 903 $70 200 $54 000 $157 000 $0 $9 324 $2 748 $20 665 $788 $4 320 $6 637 $6 357 $0 $23 305 $5 213 $25 203 $9 925 $7 935 $1 222 $12 000 $1 834 $313 $4 168 $145 980 $116 435 $50 539 $40 798 $39 994 $36 002 $30 219 $81 134 $47 884 $88 192 $88 192 $25 709 $88 192 $73 432 $38 272 $75 809 $114 324 $76 050 $54 919 $0 $1 000 $20 000 $7 000 $20 000 $3 000 $4 800 $7 000 $3 500 $2 000 $23 749 $3 780 $38 492 $5 000 $27 800 $2 000 $12 000 $5 000 $9 000 $15 000 5 87 % 3 00 % 5 87% 8 00% 5 87% 100 00% 9 85 % 0 17% 11 17% 3 00% 3 00% 3 00% 3 00 % 3 00 % 0 00 % 12 36 % 7 65% 8 33 % 18 69 % 0 00 % 0 00% 20 00 % 0 00% 0 00% 0 00 % 0 00 % 0 00 % 11 11 % 0 00% 204 47 % 0 00 % 52 73 % 0 00 % 7 33 % 0 00% 0 00% 0 00 % 0 00% 0 00% To tal Building Zoning & Plannin g $1 416 328 $1 115 887 $1 499 040 $1 522 196 7 47 % Visio n 20/20 items are funded by an established reserv e Page 10 of 22 P olice FY2006 Act ual Projected Ad opted Description Budget @ 07/31/06 @ 09/30/06 FY2007 Variance 001 08 521 12111 CHIEF OF POLICE $128 369 $103 757 $128 628 $138 831 8 15 / 001 08 521 12112 DIVISION CHIEF $102 637 $82 900 $102 638 $105 717 3 00 / 001 08 521 12120 DEPUTY CHIEF OF POLICE $109 798 $88 683 $109 799 $113 092 3 00 / 001 08 521 12130 POLICE LIEUTENANTS $272 531 $221 111 $274 487 $289 826 6 35 / 001 08 521 12140 POLICE SERGE ANTS $284 944 $229 750 $284 971 $303 890 6 65 / 001 08 521 12151 POLICE OFFICERS $1 025 732 $778 687 $973 983 $1 040 974 1 49 / 001 08 521 12155 MUNICIPAL UTILITY WORKERS $65 383 $52 739 $66 184 $70 712 8 15 / 001 08 521 12156 IT SERVICES TECHNICIAN $48 293 $40 956 $50 707 $54 840 13 56 / 001 08 521 12158 VACATION EXCESS $0 $22 737 $24 000 $60 123 100 00 / 001 08 521 12171 COURT TIME $13 500 $9 024 $10 989 $9 000 33 33 / 001 08 521 12172 ACTING SUPERVISOR PAY $1 000 $0 $0 $0 100 00 / 001 08 521 12211 ADMINISTRATI VE ASSISTANT $79 034 $61 496 $76 776 $84 731 7 21 / 001 08 521 12220 DISPATCHERS $155 608 $109 988 $135 556 $165 782 6 54 / 001 08 521 12230 COMMUNITY SERVICE AIDES $66 563 $53 488 $66 534 $71 988 8 15 / 001 08 521 12251 CLERICAL ASSISTANT PIT $15 000 $2 356 $2 356 $0 100 00 / 001 08 521 12260 CROSSING GUARDS $44 000 $22 290 $28 482 $57 000 29 55 / 001 08 521 14100 OVERTIME $116 886 $99 651 $116 886 $150 281 28 57 / 001 08 521 14110 SPECIAL EVENTS $10 479 $10 746 $11 153 $11 142 6 32 / 001 08 521 15100 HOLIDAY PAY $105 000 $96 862 $105 000 $108 511 3 34 / 001 08 521 15200 INCENTIVE PAY $18 640 $16 302 $18 640 $22 020 18 13 / 001 08 521 15300 ACCREDITATION $18 384 $14 806 $14 806 $7 593 58 70 / 001 08 521 21100 PA YROLL TAXES $202 154 $170 109 $197 964 $218 672 8 17 / 001 08 521 22100 RETIREMENT CONTRIBUTIONS $330 667 $355 522 $310 532 $459 636 39 00 / 001 08 521 23100 LIFE HEALTH DISABILITY INSURANCE $226 800 $213 277 $226 800 $226 800 0 00 / 001 08 521 24100 WORKERS COM PENSATION $133 274 $68 430 $85 000 $94 259 29 27 / 001 08 521 35100 INVESTIGATIO N EXPENSE $17 839 $5 157 $6 189 $10 000 43 94 / 001 08 521 35200 CONFIDENTIAL INFORMANTS $1 000 $0 $0 $0 100 00 / 001 08 521 41000 WEBSITE $7 000 $5 021 $7 000 $7 000 0 00 / 001 08 521 41111 TELEPHONE $26 058 $7 983 $9 580 $10 262 60 62 / 001 08 521 43110 ELECTRICITY $25 000 $34 715 $41 658 $45 664 82 65 / 001 08 521 43210 WATER & SEWER $12 000 $4 127 $4 952 $5 502 54 15 / 001 08 521 44110 EQUIPMENT LEASE $11 741 $10 810 $12 972 $17 343 47 71 / 001 08 521 45111 INSURANCE $107 879 $129 080 $154 896 $222 396 106 15 / 001 08 521 46100 MAINTENANCE & REPAIRS $3 800 $2 143 $2 572 $4 022 5 84 / 001 08 521 46200 VEHICLE MAINTENANCE $35 000 $24 073 $28 887 $40 000 14 29 / 001 08 521 46300 VEHICLE FUEL $60 000 $49 503 $59 404 $84 259 40 43 / 001 08 521 46400 BOAT FUEL $14 000 $7 320 $8 784 $14 000 0 00 / 001 08 521 46411 COMMUNICATIONS MAINTENANCE $65 000 $49 537 $59 445 $55 000 15 38 / 001 08 521 48110 DARE PROGRAM $10 000 $4 337 $5 204 $10 000 0 00 / 001 08 521 49111 RECRUITING/HIRING/PHYSICALS $18 675 $17 879 $21 455 $23 682 26 81 / 001 08 521 49211 EMPLOYEE WELLNESS PROGRAM $2 000 $0 $0 $0 100 00 / 001 08 521 49311 PHOTOGRAPHY $1 500 $1 564 $1 877 $1 500 0 00 / 001 08 521 51100 OFFICE SUPPLIES $32 433 $20 811 $24 974 $30 000 7 50 / 001 08 521 52110 UNIFORMS $37 110 $30 961 $37 110 $25 000 32 63 / 001 08 521 52111 RANGE EXPENSES $6 000 $0 $0 $6 000 0 00 / 001 08 521 54100 MEMBERSHIP & DUES $3 500 $2 647 $3 176 $3 500 0 00 / 001 08 521 54210 EDUCATION & TRAINING $42 000 $18 444 $22 133 $42 000 0 00 / 001 08 521 64210 PO LICE VEHICLES $158 767 $161 938 $161 938 $173 842 9 50 / 001 08 521 64310 POLICE EQUIPMENT $30 000 $8 950 $8 950 $20 000 33 33 / 001 08 521 64410 FEDERAL EXPENDITURES $0 $14 170 $14 170 $0 0 00 / Total Police $4 302 978 $3 636 837 $4 120 196 $4 716 391 9 61 / Folic Vehic le s re p id from eserve fu d as well as offs ton g es th refo th Ill as to thi d p rtme is p po sed b dg t i o ly 2 47% Fed I E pe dit re re pa id fr m typ Hy re tbudg te dy to y ry co t d n ed from res d P g 11 f22 Fire Rescue Descripti on FY2006 Budget Actual Projected @ 07/31/06 @ 09/30/06 Adopted FY2007 Variance 001 09 522 12113 001 09 522 12121 001 09 522 12131 001 09 522 12140 001 09 522 12141 001 09 522 12140 001 09 522 12152 001 09 522 12161 001 09 522 12172 001 09 522 13100 001 09 522 14100 001 09 522 15100 001 09 522 15200 001 09 522 15300 001 09 522 21100 001 09 522 22100 001 09 522 23100 001 09 522 24100 001 09 522 30100 001 09 522 41000 001 09 522 41435 001 09 522 41436 001 09 522 43100 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 09 522 43110 09 522 44100 09 522 45439 09 522 46100 09 522 46200 09 522 46300 09 522 47100 09 522 49111 09 522 49211 09 522 49330 09 522 49331 09 522 49410 09 522 49510 09 522 49610 09 522 49710 09 522 51100 09 522 52100 09 522 52110 09 522 52300 09 522 52400 09 522 52600 09 522 54100 09 522 54210 09 522 64120 09 522 64200 09 522 64300 09 522 80002 FIRE CHIEF (1) DEPUTY FIRE CHIEF (1) FIRE CAPTAINS (3) EXECUTIVE ASSISTANTS TO FIRE CHIEF(3) FIRE LIEUTENANTS (3) DRI VER/ENGINEER (12) FIREFIGHTER/PARAMEDIC (15) ADMINISTR ATIVE ASSISTANT (1) ACTING SUPERVISOR PAY OFF DUTY E MPLOYMENT OVERTIME HOLIDAY PAY INCENTIVE PAY VACATION EXCESS PAY PAYROLL TAXES RETIREMENT CONTRIBUTIONS LIFE HEALTH DIS ABILITY INSURANCE WORKERS COMPENSATION CONSULTANTS FEE WEBSITE COM MUNICATIONS POSTAGE WATER & SEWER ELECTRICITY FIRE TRUCK LEASE INSURANCE MAINTENANCE & REPAIRS VEHICLE M AINTENANCE VEHICLE FUEL & OIL PRINTING RECRUITING/HIRING/PHYSICALS EMPLOYEE WELLNESS PROGRAM AUTOMATIC AID AGREEM ENT AUTOM ATIC AID TRAINING / OT FIRE RESCUE SAFETY AGREEMENTS ALS LICENSE FIRE SAFETY PHOTOGRAPHY MISCELLANEOUS OFFICE SUPPLIES LINEN SUPPLIES UNIFORMS SMALL TOOLS CONSUMABLE EQUIPMENT EM S GRA NT FIRE ACT GRANT EXPENSES MEM BERSHIP & DUES EDUCA TION & TRAINING FIRE/RESCUE EQUIPM ENT FIRE/RESCUE FACILITIES FIRE/RESCUE V EHICLES GRANT FIRE ACT 2006 $141 687 $115 289 $286 430 $0 $498 140 $0 $1 506 545 $43 991 $7 000 $5 500 $95 000 $81 000 $22 320 $85 000 $215 036 $361 050 $210 600 $131 599 $10 000 $7 000 $18 000 $500 $3 000 $37 200 $117 000 $84 993 $36 000 $5 000 $2 000 $2 500 $28 800 $4 000 $500 000 $0 $10 000 $5 000 $1 000 $6 000 $9 000 $1 000 $50 000 $2 000 $1 400 $0 $4 875 $49 600 $35 000 $11 980 $4 000 $0 $114 439 $88 683 $231 347 $201 460 $201 954 $608 741 $565 457 $29 494 $8 233 $0 $141 330 $38 671 $9 679 $76 926 $175 773 $490 562 $227 085 $118 110 $0 $5 139 $19 602 $0 $8 212 $20 953 $109 140 $67 880 $13 119 $4 076 $2 286 $3 387 $4 395 $0 $399 300 $21 000 $0 $1 149 $0 $4 030 $4 566 $168 $29 386 $6 233 $0 $4 150 $2 409 $21 304 $22 355 $1 055 $0 $561 $138 962 $107 687 $280 922 $244 999 $226 477 $751 326 $681 044 $35 972 $10 406 $0 $150 000 $42 000 $11 000 $85 000 $211 583 $508 674 $272 502 $131 732 $0 $6 167 $23 523 $0 $9 854 $25 144 $109 140 $81 456 $15 743 $4 891 $2 744 $4 064 $5 274 $0 $479 169 $21 000 $0 $1 378 $0 $4 836 $5 480 $202 $29 386 $7 480 $0 $4 150 $2 891 $25 564 $22 355 $1 055 $0 $561 $145 937 $113 092 $295 023 $269 369 $261 523 $844 461 $763 739 $39 549 $7 000 $5 500 $108 000 $81 000 $22 320 $85 000 $232 676 $327 923 $284 400 $148 964 $10 000 $7 000 $20 000 $500 $5 614 $27 374 $117 000 $116 956 $36 000 $5 000 $5 000 $2 500 $28 800 $7 500 $479 000 $21 000 $10 000 $5 000 $1 000 $6 000 $9 000 $1 000 $50 000 $2 000 $1 400 $0 $4 875 $49 600 $35 000 $11 980 $4 000 $0 3 00/ 1 91 / 3 00/ 100 00/ 47 50 / 100 00/ 49 31 / 10 10/ 0 00/ 0 00/ 13 68/ 0 00/ 0 00/ 0 00/ 8 20/ 918/ 35 04/ 13 20/ 0 00/ 0 00/ 11 11 / 0 00/ 87 14/ 26 41 / 0 00/ 3761/ 0 00/ 0 00/ 150 00/ 0 00/ 0 00/ 87 50 / 4 20/ 100 00/ 0 00/ 0 00/ 0 00/ 0 00/ 000/ 0 00/ 000/ 0 00/ 0 00/ 0 00/ 0 00/ 0 00/ 0 00/ 0 00/ 0 00/ 0 00/ To tal Fire $4 853 035 $4 103 799 $4 783 792 $5 115 576 5 41 / rage iZ or Zl Public Works Description FY2006 Budget Actual @ 07/31/06 Projected @ 09/30/06 Ad opted FY2007 Variance 001 10 539 12900 001 10 539 12901 001 10 539 12902 001 10 539 12161 001 10 539 14900 001 10 539 21100 001 10 539 22100 001 10 539 23100 001 10 539 24100 001 10 539 31114 001 10 539 31214 001 10 539 34100 001 10 539 34110 001 10 539 34112 001 10 539 34300 001 10 539 41000 001 10 539 41100 001 10 539 43110 001 10 539 43210 001 10 539 43300 001 10 539 43400 001 10 539 44110 001 10 539 45100 001 10 539 46100 001 10 539 46200 001 10 539 46220 001 10 539 49120 001 10 539 52120 001 10 539 52300 001 10 539 54210 001 10 539 64101 PUBLIC WORKS DIRECTOR MAINTENANCE SUPERVISOR #1 MAINTENANCE SUPERVISOR #2 ADMINISTRATIVE ASSISTANT HOURLY EMPLOYEES/OVERTIME PAYROLL TAXES RETIREMENT CONTRIBUTIONS LIFE HEALTH DISABILITY INSURANCE WORKERS COMPENSATION ENGINEERING LANDSCAPE ARCHITECT CONSULTING SERVICES CONTRACTUAL SERVICES TREE TRIMMING FPL LINE CLEARING BEACH CONSERVATION MONITORING WEBSITE TELEPHONE ELECTRICITY WATER & SEWER ELECTRICITY VILLAGE WIDE WATER VILLAGE WIDE VEHICLE LEASE INSURANCE MAINTENANCE & REPAIRS VEHICLE MAINTENANCE MAINTENANCE CONTRACTS HURRICANE EXPENDITURES SUPPLIES SMALL TOOLS CONSUMABLE EDUCATION & TRAINING EQUIPM ENT $87 560 $47 341 $27 295 $36 050 $66 923 $20 285 $26 792 $27 000 $9 251 $45 500 $5 000 $5 000 $533 000 $0 $25 000 $7 000 $7 000 $4 000 $35 000 $35 000 $120 000 $8 760 $28 555 $55 000 $25 000 $50 000 $0 $5 350 $7 000 $2 000 $10 000 $70 722 $39 100 $14 463 $29 077 $28 635 $13 443 $22 330 $13 500 $7 630 $270 $0 $3 755 $661 856 $0 $8 926 $5 059 $4 427 $5 786 $688 $41 052 $74 672 $7 997 $15 930 $14 495 $20 025 $16 566 $2 591 270 $4 725 $4 252 $324 $6 765 $87 560 $48 410 $21 098 $36 000 $33 779 $17 354 $27 222 $27 000 $9 251 $324 $0 $4 506 $794 227 $0 $10 711 $6 071 $5 313 $6 943 $825 $49 263 $89 606 $9 596 $19 116 $17 394 $24 030 $19 880 $2 591 270 $5 670 $5 102 $389 $8 118 $90 187 $50 917 $36 628 $38 649 $50 000 $20 378 $25 966 $21 600 $9 647 $45 500 $5 000 $5 000 $650 000 $150 000 $25 000 $7 000 $7 000 $7 608 $917 $60 270 $100 063 $8 760 $27 442 $55 000 $25 000 $50 000 $0 $5 350 $7 000 $2 000 $10 000 3 00% 7 55% 34 19% 721% 25 29 % 0 46% 3 08 % 20 00% 4 28 % 0 00% 0 00 % 0 00 % 21 95 % 100 00 % 0 00% 0 00 % 0 00% 90 19% 97 38% 72 20% 16 61 % 0 00% 3 90% 0 00% 0 00% 0 00% 0 00 % 0 00% 0 00% 0 00 % 0 00% Total Public Works $1 361 662 $3 727 739 $3 976 025 $1 597 881 17 35% Humcane Expenditures are offset by FEMA fun ds and typically are not budgeted See revenues se ctio n for FEMA receipts "FPL line cleanng tree tnmming costs cov ered by FPL Franc hise Fee Rev enue Increase Page 13 of 22 Parks & Recreation Description FY2006 Budget Actual Projected @ 07/31/06 @ 09/30/06 Adopted FY2007 Variance 001 11 572 12920 001 11 572 12921 001 11 572 12940 001 11 572 13100 001 11 572 21100 001 11 572 22100 001 11 572 23100 001 11 572 24100 001 11 572 34910 001 11 572 40100 001 11 572 41000 001 11 572 41100 001 11 572 43110 001 11 572 44100 001 11 572 44910 001 11 572 45100 001 11 572 46200 001 11 572 46220 001 11 572 46930 001 11 572 48190 001 11 572 48200 001 11 572 48300 001 11 572 48400 001 11 572 48500 001 11 572 48600 001 11 572 48700 001 11 572 51100 001 11 572 52110 001 11 572 52900 001 11 572 54100 001 11 572 54210 001 11 572 64900 001 11 572 64920 RECREATION DIRECTOR ATHLETICS SUPERVISOR ADULT PROGRAMS SUPERVISOR AD MINISTRATIVE ASSISTANTS PAYROLL TAXES RETIREMENT CONTRIBUTIONS LIFE HEALTH DISABILITY INSURANCE WORKERS COMPENSATION SENIOR SERVICES TRAVEL & PER DIEM WEBSITE COMMUNICATIONS ELECTRIC SERVICE VEHICLE LEASE RENT ST AGNES PLAYING FIELD INSURANCE VEHICLE M AINTENANCE MAINT/REPAIRS PARKS/PLAYGRND FIELD MAINTENANCE ADVERTISING SPECIAL EVENTS KEY BISCAYNE ATHLETIC CLUB KEY BISCAYNE ART FESTIVAL LIGHTHOUSE RUN & WALK FOURTH OF JULY FIREWORKS WINTERFEST OFFICE SUPPLIES UNIFORMS PROGRAM SUPPLIES MEMBERSHIP & DUES EDUCATION & TRAINING PARK IMPROVEMENTS PROGRAM EQUIPM ENT $85 010 $57 709 $52 528 $76 568 $20 794 $23 430 $16 200 $8 763 $37 440 $2 500 $7 000 $4 000 $15 000 $3 600 $36 000 $28 706 $10 000 $30 000 $100 000 $50 000 $85 000 $100 000 $5 000 $10 000 $70 000 $35 000 $8 000 $2 000 $30 000 $1 500 $1 500 $15 000 $10 000 $68 662 $49 726 $39 154 $56 465 $16 316 $19 530 $13 500 $1 130 $29 520 $1 577 $5 021 $4 423 $4 364 $3 600 $36 000 $23 210 $5 015 $6 611 $89 540 $46 669 $82 797 $0 $0 $7 203 $76 955 $33 833 $7 393 $3 245 $28 156 $1 203 $1 473 $8 604 $8 586 $85 010 $61 039 $48 477 $70 109 $20 245 $23 343 $16 200 $1 356 $35 424 $1 892 $6 025 $5 308 $5 237 $4 320 $36 000 $27 852 $6 018 $7 933 $107 448 $50 000 $85 000 $100 000 $5 000 $8 644 $76 955 $33 833 $8 000 $3 245 $30 000 $1 444 $1 473 $8 604 $8 586 $91 811 $63 536 $50 123 $79 624 $21 810 $28 446 $21 600 $1 383 $48 878 $2 500 $7 000 $7 000 $9 185 $3 600 $36 000 $39 983 $10 000 $30 000 $105 000 $50 000 $90 000 $100 000 $5 000 $10 000 $70 000 $40 000 $8 000 $4 000 $30 000 $2 000 $2 000 $15 000 $10 000 8 00 % 10 10% -4 58% 3 99% 4 88 % 21 41% 33 33% 84 22% 30 55% 0 00% 0 00% 75 00% 38 77% 0 00 % 0 00% 39 28% 0 00% 0 00% 5 00% 0 00% 5 88% 0 00% 0 00% 0 00% 0 00% 14 29% 0 00% 100 00 % 0 00% 33 33 % 33 33% 0 00 % 0 00% To tal Parks & Recreatio n $1 038 248 $779 482 $990 019 $1 093 478 5 32% Page 14 of 22 C ommunity Center Description FY2006 Budget Actual Projected @ 07/31/06 @ 09/30/06 Adopted FY2007 Variance 001 12 572 12920 001 12 572 12960 001 12 572 12970 001 12 572 12980 001 12 572 21100 001 12 572 22100 001 12 572 23100 001 12 572 24100 001 12 572 34100 001 12 572 41000 001 12 572 41200 001 12 572 43100 001 12 572 43210 001 12 572 45100 001 12 572 46100 001 12 572 46110 001 12 572 48190 001 12 572 51100 001 12 572 52100 COMMUNITY CENTER SUPERVISOR YOUTH SERVICES COORDINATOR FRONT DESK MANAGER PART TIME CENTER PERSONNEL PAYROLL TAXES RETIREMENT CONTRIBUTIONS LIFE HEALTH DISABILITY INSURANCE WORKERS COMPENSATION CONTRACT SERVICES COMMUNICATIONS POSTAGE UTILITIES WATER & SEWER INSURANCE M AINTENANCE MINOR REPAIRS ADVERTISING OFFICE SUPPLIES SUPPLIES $67 336 $33 477 $33 477 $371 406 $38 686 $16 115 $16 200 $67 343 $210 800 $5 000 $2 500 $108 000 $3 000 $67 479 $249 595 $5 000 $50 000 $2 500 $82 000 $54 630 $26 653 $27 889 $339 940 $35 859 $13 430 $18 000 $5 460 $297 230 $11 652 $3 467 $92 204 $0 $43 680 $194 022 $6 396 $23 492 $338 $78 186 $67 579 $32 992 $34 545 $446 122 $44 465 $16 214 $18 000 $6 552 $356 675 $13 982 $4 161 $110 645 $0 $52 416 $232 826 $7 676 $28 191 $406 $93 823 $72 723 $35 597 $37 377 $401 000 $41 822 $17 484 $16 200 $6 928 $319 476 $5 000 $2 500 $119 847 $3 000 $75 249 $230 000 $5 000 $50 000 $2 500 $82 000 8 00 % 6 33% 1165% 7 97% 811% 8 49 % 0 00% 89 71 % 51 55% 0 00 % 0 00% 10 97 % 0 00% 11 51% 7 85% 0 00% 0 00% 0 00% 0 00% Total Community Center $1 429 914 $1 272 528 $1 567 267 $1 523 702 6 56% Page 15 of 22 Debt Service Description FY2006 Actual Projected Adopted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance 001 06 517 71100 PRINCIPAL CIVIC CENTER LOAN #1 $410 000 $410 000 $410 000 $430 000 4 88% 001 06 517 71200 PRINCIPAL CIVIC CENTER LOAN #2 $400 000 $400 000 $400 000 $420 000 5 00% 001 06 517 71300 PRINCIPAL CIVIC CENTER LOAN #3 $405 523 $404 646 $405 523 $420 279 3 64 % 001 06 517 71400 PRINCIPAL CIVIC CENTER LOAN #4 $116 103 $0 $116 103 $120 579 3 85% 001 06 517 71500 PRINCIPAL SEWER LOAN $18 374 $18 142 $18 142 $18 609 1 28% 001 06 517 72100 INTEREST CIVIC CENTER LOAN #1 $409 026 $473 057 $473 057 $389 223 4 84% 001 06 517 72200 INTEREST CIVIC CENTER LOAN #2 $493 608 $495 820 $495 820 $472 124 4 35% 001 06 517 72300 INTEREST CIVIC CENTER LOAN #3 $335 653 $335 665 $335 665 $320 898 -4 40% 001 06 517 72400 INTEREST CIVIC CENTER LOAN #4 $103 681 $108 729 $108 729 $99 206 4 32% 001 06 517 72500 INTEREST - SEWER LOAN $9 760 $9 993 $9 993 $9 525 2 41 % Total Debt Service $2,701,730 $2,656,052 $2,773,033 $2,700,443 0 05% Page 16 of 22 Operating Transfers Descripti on FY2006 Actual Pr ojected Ad opted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance 001 13 581 90100 OPERATING TRANSFERS OUT 001 13 590 90900 OPERATING TRANSFERS IN $1 730 193 $1 730 193 $1 730 193 $4 787 347 176 69 % $0 ($168 870) ($168 870) $0 0 00 % Total Other $1 730 193 $1,561 323 $1,561,323 $4,787,347 176 69% Page 17 of 22 Transportation Special Re venue Fund Descripti on FY2006 Budget Actual Projected Adopted @ 07/31/06 @ 09/30/06 FY2007 Variance Operating Revenues 101 00 312 00302 101 00 331 00352 101 00 331 00352 101 00 337 00332 101 00 361 00349 101 00 366 00351 101 00 366 00351 101 00 366 00352 101 00 384 00353 101 00 384 00354 LOCAL OPTION GASLOINE TAX TRANSPORTATION SURTAX COUNTY BRIDGE TOLL REVENUE GRANT REVENUE INTEREST INCOME FDOT FUNDS XOXO FUNDS FORCEMAIN REIMBURSEMENT PROCEEDS 2005 BOND PROCEEDS 2006 BOND $240 000 $183 808 $200 000 $213 607 11 00% $264 000 $216 656 $264 000 $377 072 42 83% $0 $0 $0 $393 000 100 00% $0 $87 399 $87 399 $0 0 00% $500 $8 836 $9 500 $9 500 1800 00% $0 $0 $0 $1 000 000 100 00% $0 $0 $0 $1 000 000 100 00% $0 $171 697 $171 697 $0 0 00% $0 $3 450 000 $3 450 000 $0 0 00% $0 $0 $0 $4 000 000 100 00% Total Operating Revenues $504 500 $4 118 396 $4 182 596 $6 993 179 1286 16% Expenditures 101 00 541 64140 CRANDON BLVD PHASE II 101 00 541 64150 CRANDON BLVD PHASE III 101 00 541 49140 OTHER CURRENT CHARGES 101 00 541 71000 PRINCIPAL ON DEBT 2005 101 00 541 72000 INTEREST ON DEBT 2005 101 00 541 71000 PRINCIPAL ON DEBT 2006 101 00 541 72000 INTEREST ON DEBT 2006 101 00 541 73000 DEBT SERVICE RESERVE $0 $4 085 167 $4 800 000 $0 0 00% $0 $237 610 $300 000 $5 500 000 100 00 % $0 $111 018 $25 000 $25 000 100 00 % $57 959 $0 $57 959 $119 481 106 15 % $141 458 $66 198 $141 458 $137 603 2 73 % $0 $0 $31 346 $129 956 100 00 % $0 $0 $66 844 $262 804 100 00 % $305 083 $0 $0 $0 100 00% Total Expenditures $504 500 $4 499 993 $5 422 607 $6 174 845 1123 95% Fund Balance @ 10/01/05 Fund Balance @ 09/30/06 $0 $0 Page 18 of 22 $0 ($1 240 011) ($1 240 011) ($421 676) Capital Projects Fund Description FY2006 Actual Projected Adopted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance Operating Revenues 301 00 381 00354 OPERATING TRANSFERS IN $1 730 193 $1 730 193 $1 730 193 $4 787 347 176 69% 301 00 361 00349 INTEREST INCOME $10 000 $1 683 $5 000 $10 000 0 00% 301 00 337 00318 GRANT REVENUES $0 $2 500 $2 500 $0 0 00 % Total Operating Revenues $1,740,193 $1,734,376 $1,737,693 $4,797,347 176 69% Expenditures 301 00 559 64000 CAPITAL OUTLAY $1 730 193 $980 517 $1 730 193 $4 787 347 176 69% To tal Expenditures $1,730,193 $980,517 $1,730,193 $4,787,347 176 69% Page 19 of 22 CAPITAL OUTLAY ALLOCATIO NS ANALYSIS - FY 2006-2007 ITEM DESCRIPTION FISCAL 2007 ALLOCATION 1 Fire Equipment 10 000 2 Fire Vehicle Replacement 45 000 3 Beach Renounshment 250 000 4 Maintenance Reserve Community Center 212 695 5 Maintenance Res erve Police/Adman Building 175 000 6 Maintenance Reserve Fire Station 175 000 7 Community Center Equipment Replacements 158 367 8 Grapetree Drive Uplighting 90 000 9 Union Labor Contract 50 000 10 Emergency Hurricane Reserves 1 510 507 11 Additional Working Capital Reserves 400 000 12 Drainage Glenndge/Woodcrest/Buttonwood 300 000 13 Master Plan Initiatives 1 110 778 14 Galen Drive Lighting 150 000 15 Sunrise Drive Lighting 150 000 TO TAL 4 787 347 St orm Water Enterprise Fund Description FY2006 Actual Projected Ad opted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance Operating Revenues 401 00 344 00352 STORM WATER FEES 401 00 361 00349 INTEREST INCOME $530 000 $30 000 $288 203 $3 634 $530 000 $30 000 $530 000 $30 000 0 00% 0 00% To tal Operating Revenues $560,000 $291,837 $560 000 $560 000 0 00% Expenditures 401 00 538 34110 CONTRACTURAL SERVICES 401 00 538 34432 ADMINISTRATIVE EXPENSES 401 00 538 72100 DEBT SERVICE $80 000 $8 500 $473 213 $160 847 $26 758 $123 815 $118 123 $30 000 $473 213 $120 000 $8 500 $473 921 50 00% 0 00 % 0 15 % Total Ex penditures $561 713 $311 421 $621 336 $602,421 50 15 % Fund Balance @ 10/01/05 Fund Balance @ 09/30/06 $2,969 582 $2,967 869 $2 906 533 $2 967 869 $2 906,533 $2 864,113 Page 21 of 22 Solid Waste Enterprise Fund Description FY2006 Actual Projected Adopted Budget @ 07/31/06 @ 09/30/06 FY2007 Variance Operating Revenues 402 00 343 00352 SOLID WASTE COLLECTION 402 00 361 00349 INTEREST INCO ME $545 162 $544 073 $544 073 $544 320 0 15 % $500 $258 $500 $500 0 00 % Total Operating Revenues $545,662 $544 331 $544 573 $544,820 0 15% Expenditures 402 00 534 34110 CONTRACTURAL SERVICES $514 008 $457 583 $514 008 $514 008 0 00% 402 00 534 34432 ADM INISTRATIVE EXPENSES $4 000 $1 655 $2 000 $4 000 0 00 % 402 00 534 49100 UNCOLLECTABLE ACCOUNTS $27 154 $0 $0 $26 312 3 10 % To tal Expenditures $545 162 $459,238 $516 008 $544 320 0 15 % Fund Balance @ 10/01/05 $220 904 Fund Balance @ 09/30/06 $221 404 Page 22 of 22 $221 404 $249,969 $249,969 $250 469 ORDINANCE NO 2006-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CREATING AN ADVISORY BOARD TO BE KNOWN AS THE PUBLIC SAFETY 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 Public Safety Committee (the "Board") to provide recommendations to the Village Council, on the adoption of a public health and safety plan 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 XIII "Public Safety Committee" of Chapter 2 "Administration" of the Village Code is hereby created, to read as follows Article XII Public Safety Committee Sec 2-206 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 Public Safety Committee (the "Board") The Board shall be composed of 17 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 backgrounds and qualifications for the members of the Board shall be as follows (i) All members of the Board shall be residents of the Village, and (ii) If possible, the committee should be composed of members with qualifications as follows a 1 pediatncian b 1 internist or other physician c 1 social worker d 1 school pnncipal e 1 elementary school teacher f 1 middle or high school teacher g 1 nurse h 1 parent of middle or high school age children i 1 parent of elementary school children J 2 senior citizens k 1 representative of the community houses of worship 1 1 Youth Council representative A Board member 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, if residency is required (c) 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 advisory in nature (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 2 (b) Dunng the first meeting of the Board, the members shall elect one of their members to act as Chairman, Vice -Chairman and a Secretary (c) A majority of the 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 majority of the members present at an official meeting of the Board Sec 2-203 Jurisdiction, duties The jurisdiction of the Board shall be solely advisory Final actions of the Board shall be in the appropnate form and written recommendations shall be provided to the Village Council The following matters shall be within the advisory jurisdiction of the Board (1) Research and evaluate the most significant health and safety issues within the Village, through methods that include public participation and forums (2) Based upon the work in item (1) above, prepare and submit a comprehensive public health and safety plan for Village Council consideration including identifying funding sources and grants in furtherance of the plan (3) Any other related matters assigned to the Board by the Village Council 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 Section 3, Severability That the provisions of this Ordinance are declared to be 3 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 appropnate word 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 October, 2006 PASSED AND ADOPTED on second reading this 24th day of October, 2006 4,0GeteA MAYOR ROBERT OLDAKOWSKI AT C • NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO ORM AND LEGAL SUFFICIENC VILLAGE AT ORN F \ 100\ 103001 \ordinances\' . he afety Committee doc 4 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 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) ^ewcpaper 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 OCTOBER 24 2006 in the XXXX Court was published in said newspaper in the issues of 10/12/2006 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 corn - or refund for the purpose of securing t adverts ent for publication in the said newspape Sworn to and subscribed before me this 12 day of OCTOBER (SEAL) 0 V FERBEYRE personally A D 2006 ,r Cheryl H Marmer 'P r rr a ommission D0338559 ovoirExpires July 18 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance wilt be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, October 24 2006 at 7 00 p m in the Coundl 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 PUBLIC SAFETY 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 The proposed Ordinance may be inspected by the public at the Office of the Village Clerk Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk pnor to that item being heard In accordance with the Americans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne 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 evidende 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 10/12 06-4 88/737239M ORDINANCE NO 2006-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,000,000 OF ROAD IMPROVEMENT 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 $4,000,000 of bonds for the purpose of financing a portion of the costs of road improvements within the Village (Crandon Boulevard Improvements --Phase III), 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 by revenues received by the Village from Miami -Dade County denved from toll revenues from the Rickenbacker Causeway, 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 Road Improvement Revenue Bonds (the "Bonds") of the Village, in an aggregate pnncipal amount not to exceed $4,000,000, 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 III), financing architectural, engineering, 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 Road Improvement 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 sixteen (16) years from their date of issuance, shall bear interest from their dated date at a rate or rates not exceeding the {M1554820_2} 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 prices, 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 Section 2 The Village Manager and the Village Finance Director are each hereby authorized 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 October , 2006 PASSED AND ADOPTED on second reading this 14th day of Nov e er , 2006 MAYOR ROBERT L VERNON AT he? CONCHITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS T FORM AND LEGAL SUFFI VILLAGE AT • RNE VILLAGE OF KEY BISCAYNE 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 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 Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING BY THE VILLAGE COUNCIL FOR NOVEMBER 14 2006 in the XXXX Court was published in said newspaper in the issues of 11/02/2006 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 com in or refund for the purpose of securing ' ' adverts • aril f• r publication in the said newspap Sworn to and subscribed before me this (SEAL) 0 V FERBEYRE personally known to me t! cr Z 4 Man3 Mesa C-r"mi on DD29'855 r si 0 20GA 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 Key Biscayne at a meeting to be held on Tuesday November 14rt 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 AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4 000,000 OF ROAD IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTM"THE DETAILS OF SAID BONDS AND PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING CHAPTER 30 'ZONING" OF THE CODE OF KEY BISCAYNE FLORIDA BY AMENDING DEVELOPMENT REGULATIONS FOR SMILE FAMILY AND IWO-FAMILY DISTRICTS IMMO MAXIMUM FLOOR AREA RATIO REQUIREMENTS FOR DEVELOPMENT ON TWO OR MORE LOTS PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE AND 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 Hearing and be heard with respect to the proposed Ordinance Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk pnor to that item being heard. In accordance with the Americans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Cleric 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 writing and or presented in person at the public hearing 11/2 Conclvta H Alvarez CMC Viliageolerk 06-4-54/745471M ORDINANCE NO 2006-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA BY AMENDING DEVELOPMENT REGULATIONS FOR SINGLE FAMILY AND TWO-FAMILY DISTRICTS, LIMITING MAXIMUM FLOOR AREA RATIO REQUIREMENTS FOR DEVELOPMENT ON TWO OR MORE LOTS, 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 Single Family and Two -Family Distncts of the Village Zoning and Land Development Regulations contained in Chapter 30 of the Code of Key Biscayne, Flonda, in relation to maximum floor area ratio for development on two or more lots 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 Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Amendments to Section 30-100 That Section 30-100 "Single Family and Two -Family distncts" of Chapter 30 "Zoning and Land Development Regulations" of the Code of Key Biscayne, Flonda is hereby amended as follows Sec 30-100 Single Family and Two -Family districts * * (b) Development Regulations TABLE INSET * Regulation VR Village Residential VE Village Estate IR Island Residential PS Parkside Residential Lot Frontage Lot Area Minimum as platted * Maximum two platted Lots * Minimum Pervious Area (% of Lot) Maximum Lot Coverage Maximum Floor Area Ratio (FAR) Minimum as platted * Maximum two platted Lots * Minimum as platted * Maximum two platted Lots * Minimum as platted * Maximum two platted Lots * Minimum 7,500 sq ft or as platted * Maximum two platted Lots * 30% Minimum 10,000 sq ft or as platted * Maximum two platted Lots * Minimum 10,000 sq ft or as platted * Maximum two platted Lots * Minimum 7,500 sq ft or as platted * Maximum two platted Lots * 30% 30% 30% One Story residences, 45% Multistory residences, 35% Porches and landings that are completely open on at least two sides, with the exception of railings and balustrades, shall not be included in the Lot Coverage calculation (See Lot Coverage definition ) 47 For new construction on vacant Lots and Development that exceeds 50 percent of the assessed value of the Building the following shall apply 2 Base FAR 30 for Developments on one platted Lot in the VR and PS distncts 36 for Developments in the VE and IR distncts 13 for Developments on more than one platted Lot Notwithstanding the above, the base FAR for a One Story Home is 36 Maximum FAR 47 for Developments on one platted Lot 35 for Developments on two or more platted Lots * Platted as of the effective date of this ordinance (October 24, 2000) ** Except where said platted Lot was created by the resubdivision (through platting or otherwise) of two or more platted Lots, from and after October 10, 2006 Said newly created Lot shall be deemed to be two platted Lots and limited to a maximum FAR of 35. A development may exceed the base FAR but contain no more than the maximum FAR as set forth above subject to an administrative determination by the Building, Zoning, and Planning Director that the design meets one or more of the below cntena The FAR bonus must be listed on the Site Plan page and approved by the plans reviewer and the Building, Zoning and Planning Director No certificate of occupancy or completion shall be issued unless the completed development includes each of the bonuses listed on the approved Site Plan VR and PS Districts Designs that do not receive both bonuses 3 and 11 shall be assigned a minus 10 VE and IR Districts Designs that do not receive bonus 11 shall be assigned a minus 10 TABLE INSET Cntena FAR Increase 1 Porch facing a Street 00005 per sq ft of Floor Area to a maximum of 03 FAR increase 2 Open and unenclosed balconies located above the first finished floor 00005 per sq ft of Floor Area to a maximum of 03 FAR increase 3 Building located 15--20 ft from a front of property line 001 per Linear Foot of Frontage of a Wall that is located 15--20 ft from a front property line (maximum 03) 4 Garage or Carport containing two or more vehicles parked parallel with an exterior column separating each of the spaces 03 3 5 Single Story Home 03 6 Combination One and Two Story Home with the second floor occupying less than 50 percent of the Floor Area of the first floor under roof 10 7 Entrances to Parking garages Intenor Lot placed in a location that does not face the Street 02 Corner Lot entrance in a Side Yard 02 8 All windows above the first floor facing an adjacent Building which are —five ft above the finished floor 01 per side or if all Building Walls along the intenor side of a property do not have windows 03 per home side 9 Side Yard Setback which a Exceeds the required Yard 00005 per each sq ft to a maximum of 03 b Has a minimum 15 ft Side Yard Setback 03 10 Building located within 15--20 ft of the rear Lot line 001 per linear foot of a Wall located 15--20 ft from the rear property line with a maximum of 03 11 VR and PS Districts Structures that provide a frontSetback of less than 25 ft which have a roof at least three ft lower than the roof of the main Structure 03 IR and VE Districts A portion of the Building havinga length of at least ten ft with a Front Yard Setbackthat exceeds the required 25 ft Setback 0002 per sq ft , maximum 03 12 Reduction in Building Height 006 per foot or fraction thereof with a maximum of 03 * * * 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 4 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 This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 24th day of October , 2006 PASSED AND ADOPTED on second reading this 14th day of November , 2006 MAYOR ROBERT L VERNON (61 CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC S VILLAGE ATT�Y) % V 5 VILL-AGEOF `EY SCAVN 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 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 Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING BY THE VILLAGE COUNCIL FOR NOVEMBER 14 2006 in the XXXX Court was published in said newspaper in the issues of 11/02/2006 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 corn •n or refund for the purpose of securing ► ' adverts - ant fi r publication in the said newspap Sworn to and subscribed before me this (SEAL) 0 V FERBEYRE personally known to me Wria I Mesa 1) Cor'rnission DD2Q185g r"xp re 'I- QA 200,' OFFICE OF THE VIL CLERK PUBLIC io Notice is hereby given that the fp Second -Reading by the Village C meeting to be held= Tuesday Council Chamber located at 584E Flonda AN ORDINANCE OF THE FLORIDA AUTHORIZt1+� EXCEEDING $4 000,009 REVENUE BONDS OF FLORIDA PRQVIDI , RESOLUTION ETitN BONDS AND# AN ORDINANCE OF TH FLORIDA AMENDING CODE OF KEY MSC DEVELOPMENT REGU TWO FAMILY -)iSTRiC AREA RATIO REQUIR TWO OR MORE `LOTS, P PROVIDING FOR IN PROVIDWOP) i N E The proposed Ordinances may the Village Clerk Interested parties be heardwith respect to the prop address the Village Council on air $ register with the Village Clerk,p. ei � haltetn In accordance with the AmencaaVih persons who are disabled and participate in this proceeding beca� Office of the Village Clerk 88 West Mfntyr 4 _ Biscayne Flonda 33149 telephone number (30) 365 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 theproceedingsis 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 publiceanng CorCh v -11mi CMG 1711141 11/2 06-4 54/745471M ORDINANCE NO 2006-12 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CREATING AN ADVISORY BOARD TO BE KNOWN AS THE ZONING ORDINANCE REVIEW 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, PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Flonda, Comprehensive Plan legislation requires municipalities to adopt land development regulations that are consistent with the Comprehensive Plan, and WHEREAS, in 1999 the Village established a Zoning Ordinance Review Committee and tasked it with recommending a Village zoning ordinance to be consistent with the Village's Comprehensive Plan and to replace the County's regulations, a task which was successfully accomplished by that Zoning Ordinance Review Committe, and WHEREAS, the Village Council finds it to be in the Village's best interests to evaluate and update the Village's zomng ordinance and land development regulations, and maintain consistency with the Village's existing Comprehensive Plan, and to reestablish a Zoning Ordinance Review Committee for that purpose BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2. Creation of Board That Article XIV "Zoning Ordinance Review Committee" of Chapter 2 "Administration" of the Village Code is hereby created, to read as follows Article XIV Zoning Ordinance Review Committee Sec 2-212 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 Zoning Ordinance Review Committee (the "Board") The Board shall be composed of 9 members appointed by the Mayor, with the approval of the Village Council, as provided by Village Charter Section 2 02 and a liaison from the Council acting in an ex -officio capacity as a non -voting member 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 backgrounds and qualifications for the members of the Board shall be as follows (1) All members of the Board shall be residents of the Village, and (ii) If possible, the committee should be composed of members with qualifications as follows a Three (3) registered architects or owners of an architectural company, b One (1) real estate developer, c Four (4) citizens recognized as having a high degree of knowledge and expertise in land use, d One (1) real estate agent or broker who specializes in the sale of property in the Village, and e A liaison from the Council acting in an ex officio capacity as a non voting member A Board member who ceases to reside within the Village limits during 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 Board shall designate one of its 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 2-213 Advisory capacity (a) The powers and duties of the Board shall be solely advisory in nature (b) The Board shall act in accordance with Village Code Section 2-10 Sec 2-214 Rules of procedure (a) The Board may adopt rules of procedure as authorized 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) During the first meeting of the Board, the members shall elect one of their members to act as Vice -Chairman and a Secretary (c) A majority of the 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 majority of the members present at an official meeting of the Board Sec 2-215 Jurisdiction, duties The junsdiction of the Board shall be solely advisory Final actions of the Board shall be in the appropriate form and written recommendations shall be provided to the Village Council The following matters shall be within the advisory junsdiction of the Board (1) Evaluate the Village Land Development Code with the exception of any regulations governing HR distracts (2) Based upon the work in item (1) above, prepare and submit a report to the Village Council recommending specific changes to the Land Development Code (3) Any other related matters assigned to the Board by the Village Council Sec 2-216 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 2-217 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 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 14th day of November, 2006 PASSED AND ADOPTED on second reading this 5th day 2006 CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORN Y MAYOR ROBERT L VERNON 4 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 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 Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING 12/5/2006 ORD CREATING AN ADVISORY BOARD ETC in the XXXX Court was published in said newspaper in the issues of 11/22/2006 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 is adverbs or publication in the said newspap Sworn to and subscribed before me this 22 day of NOVEMBER A D 2006 (SEAL) 0 V FERBEYRE personally known to me 4,03%. Cheryl H Manner My Commission DD338559 1 Expires July 18 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGECLERK 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 December 5 2006 at 700 pm in the Council Chamber located at 560 Crandon Boulevard Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA CREATING AN ADVISORY BOARD TO BE KNOWN AS THE ZONING ORDINANCE REVIEW COMMITTEE PROVIDING AMONG OTHER THINGS THE NUMBER AND QUALIFICATIONS OF BOARD MEMBERS RULES OF PRO- CEDURE AND THE DUTIES AND RESPONSIBILITIES OF THE BOARD PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE 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 prior to that item being heard In accordance with the Americans With Disabilities Act of 1990 all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk 88 West McIntyre Street Suite 220 Key Biscayne Florida 33149 telephone number (305) 365 5506 not later than two business days 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 heanng Conch►ta H Alvarez CMC Village Clerk 11/22 06 4 148/754755M