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HomeMy Public PortalAbout2008-01 Creating a Youth Athletics Advisory BoardORDINANCE NO. 2008-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY CREATING A NEW ARTICLE XV "YOUTH ATHLETICS ADVISORY BOARD"; CREATING A NEW BOARD AND PROVIDING REQUIREMENTS FOR THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Village Code Section 2-10, the Village Council desires to create a Youth Athletics Advisory Board to provide recommendations to the Village Council and Village Manager regarding the Village's youth athletics program; and WHEREAS, the Village Council finds that the creation of the Youth Athletics Advisory Board is in the best interest of the Village and its residents. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the above recitals are true and correct and incorporated herein by this reference. Section 2. Creation of Board. Article XV "Youth Athletics Advisory Board" of Chapter II "Administration" of the Village Code is hereby created, to read as follows: Article XV. Youth Athletics Advisory Board. Sec. 2-220. Creation, composition, and qualifications. (a) In accordance with Section 2-10 of the Village Code, there is hereby created and established the Village of Key Biscayne Youth Athletics Advisory Board (the "Board"). The Board shall be composed of seven (7) members appointed by the Mayor, with the approval of the Council, as provided by Village Charter Section 2.02. (b) Four (4) members of the Board shall be appointed from a list of seven (7) nominees which are recommended by the Key Biscayne Athletic Club, Inc. Three (3) members of the Board shall consist of other qualified persons who express an interest in serving on the Board and have experience in youth sports programs. In the event that the Key Biscayne Athletic Club Inc. fails to provide nominations within 90 days of a written request from the Village for such nominations, all seven (7) members shall be selected, by the Village Council, based upon an interest in serving the Board and experience in youth sports programs. (c) All Board members shall serve at the pleasure of the Village Council as provided by Village Code Section 2-10. (d) Except for the initial Board, each member of the Board shall be appointed to a term of two (2) years. For the initial Board, four (4) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of one (1) year, as determined by the Mayor with the approval of the Village Council. (e) Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (fj Each member of the Board shall be a full time resident of the Village who has continuously resided within the Village for the twelve-month period immediately prior to the appointment, and shall not be an employee of the Village. Any member who ceases to reside within the Village Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the Village. (g) 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. (h) In appointing members of the Board, the following additional membership qualification guidelines shall be considered: (1) demonstrated interest in youth athletics; (2) evidence of a commitment to serve and act in the best interests of the citizens of the Village. (i) One member of the Village Council, appointed by the Mayor (subject to Council approval), and the Village Manager or his designee shall serve as ex - officio, non -voting members of the Board. Sec. 2-221. Term of office. Except for the initial Board, members shall be appointed for a term of two years. Members may be reappointed. Sec. 2-222. Advisory Capacity; Standards of Conduct The powers and duties of the Board shall be solely of an advisory nature to the Village Council and Village Manager. Accordingly, although Board members shall comply with the applicable requirements of the Code of Ethics for Public Officers and Employees as provided in Part III of Chapter 112, F.S., Board members shall be exempt from the provisions of the Miami- Dade County (the "County") Ethics Code, which is provided by Sec. 2-11.1 of the County Code, pursuant to the advisory board exemption which is authorized by Sec. 2-11.39-2 of the County Code. Sec. 2-223. Rules of procedure., Other Requirements (a) The Board may adopt rules of procedure as authorized by Village Code Section 2-10 (k). In the absence of the 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 chairman, vice—chairman and a secretary. (c) The Board shall be subject to and shall comply with the applicable provisions of Village Code Section 2- 10. Sec. 2-224. Jurisdiction. (a) The jurisdiction of the Board shall be solely advisory. Final advisory action of the Board shall be in the appropriate form, and written recommendations shall be provided to the Village Council and Village Manager. The following matters shall be within the advisory jurisdiction of the Board: (1) Provide a forum for Village residents to discuss how the youth athletic program of the Village may best meet the needs and desires of Village residents. (2) Provide recommendations regarding specific types of programs for inclusion in the Village's youth athletics program. (3) Any other matters assigned to the Board by the Village Council or Village Manager relating to the matter of youth athletics. (b) The Board shall not have jurisdiction over or related to any matter concerning the duties, employment or performance of Village employees. 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 4th day of December, 2007. PASSED AND ADOPTED on second reading this 15th day of January , 2008. 4 MAYOR ROBERT L. VERNON CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN 4 1 VILLAGE ATT • RNE -__ F:\100\103001\Ordinances\Youth A' etics Board 12-26-07.doc 5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRES., 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 - JANUARY 15, 2008 ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION", ETC. in the XXXX Court, was published in said newspaper in the issues of 01/03/2008 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 ris advertiSam9n4 for publication in the said newspap Sworn to and subscribed before me this 03 (SEAL) O.V. FERBEYRE personally known to me MANIA I MESA 'NOTARY PUBLIC STATE OF FLORID Commission #DD293855 Expires: MARCH 04, 2008 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, January 15, 2008 at 7:00 p.m., in the Cvc rChamber, located 'at i66G Cra dOI Seeley/aid, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMIMiOING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY CREATING, A NEW ARTICLE XV "YOUTH ATHLETICS ADVISORY BOARDa; CREATING A NEW BOARD -AND PROYSINKi REQUIREMENTS FOR ME BOARD; PFKWILIBIG FOR .SEVERABILITY; PROVIDING FOR INCLU N IN CODE; PROVIDING FOR AN EFFECTIVE DATE. The pre sed Ordinance may be inspected by the pubes at the Office of the Village CIArk: Interested parties may appear at the Public Hearing and be heard,iith 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 ,tie disabled and who need special accommodations to partldpate_in this proceeding because of that disalNMty should contact the Office of the Village Clerk, 88 West Mdntyre Street, Suite 220, Key Biscayne, Flodda 33149, telephone number (305) 365-5506, not later than two builnern 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 1/3 08-4-49/940946M