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
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ARTI LE 0 LA
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DEFENSE
ING FOR
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BILITY PRO
PROVIDING Fbit AN EFIECTJI
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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
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V1D-
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person
anng
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990, all
-ations to
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@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
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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