HomeMy Public PortalAbout2023-05 Creating the Sustainability Advisory BoardORDINANCE NO. 2023-05
AN ORD INANCE OF THE VILLAGE OF KE Y BISCAYNE,
FLORIDA, CRE ATING THE SUSTAINABILITY
ADVISORY BOARD ; PROVIDING FOR SEVERA BILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
W HERE AS, Section 4.12 of the Charier of the Village of Key Biscayne (the "Village")
permits the Village Council to establish advisory boards; and
W HERE AS, the Village Council desires to create the Sustainability Advisory Board (the
"Board") to provide advice and recommendations to the Village Council relating to sustainability
efforts in the Village; and
W HERE AS, the Village Council finds that adoption of this Ordinance is in the best interest
and welfare of the Village and its residents.
NOW, THERE FORE , BE IT ORD AINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Creation of Sustainability Advisory Board. That the Village Council
hereby creates the Sustainability Advisory Board as follows:
1. Creation, composition and qualifications.
a. In accordance with Section 2-10 of the Village Code, there is hereby created
and established the Sustainability Advisory Board (the "Board"). The Board
shall be composed of seven (7) members appointed by the Mayor, with the
approval of the Village Council.
b. Each member of the Board shall serve at the pleasure of the Village Council
as provided by Village Code Section 2-10.
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with highlighted thrnlll~ strilrnthroMgh and double underline
c . E a c h m e m b e r o f th e B o a rd sh a ll se rv e w ith o u t co m p en sa tio n an d sh a ll n o t
b e re im b u rse d fo r tra v e l, m ile a g e , or p e r d ie m ex p e n se s.
d . E a c h m e m b e r o f th e B o a rd m u st be a re sid e n t o f th e V ill a g e . A n y m e m b er
w h o c e a se s to resid e w ith in th e V ill a g e lim its d ur in g h is or h er term o f o ffi c e
sh a ll b e d e e m ed to h a v e resig n e d a s o f th e d a te o f h is o r h e r ch a n g e o f
re sid e n c e fr o m th e V ill a g e .
e . In th e e v e n t o f th e re sig n a tio n o r rem o v a l o f an y m e m b e r o f th e B o a rd , th e
M a y o r sh a ll ap p o in t a p e rso n to fi ll th e v a ca n cy on th e B o a rd fo r th e
u n e x p ire d p o rtio n o f th e term o f th e m e m b e r v a ca tin g su c h o ffi c e , su bje ct
to a p p ro v a l o f th e V ill a g e C o u n cil.
2. Term of Office.
Members shall be appointed for a term of up to two (2) years. Members may be
reappointed to additional terms of office by the Mayor for a maximum of eight
years, subject to Village Council approval.
3. 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, 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, Florida Statutes, and any other
standards of conduct set by federal, state, county, Village or other applicable law.
4. Rules of Procedure; other requirements.
a. The Board may adopt rules of procedure as authorized by Village Code
Section 2-1 0(k). In the absence 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 Chairperson, Vice-Chairperson and Secretary.
c. The Board shall be subject to and shall comply with the applicable
provisions of Village Code 2-10.
d. The Board shall submit an annual report to the Village Council at the first
Council meeting in December of each year, unless otherwise determined by
the Village Council. The report shall comply with the applicable provisions.
of Village Code Sec. 2-1 0(e).
5. Jurisdiction and Dissolution.
a . T h e jur is d ic tio n o f th e B o a rd sh a ll b e so le ly a d v is o ry a n d sh a ll in cl u d e :
1. M a k in g re c o m m e n d a tio n s w ith re g a rd to im p ro v in g th e e n v iro nm e n ta l
s u s ta in a b ility o f V ill a g e p ro g ra m s , se r v ic e s, e q u ip m e n t a n d fa c ilitie s;
in c r e a s in g th e a w a r e n e s s o f is s u e s o f e n v iro nm e n ta l su s ta in a b ility w ith th e
re s id e n ts a n d b u s in e s s e s , a n d e n c o u ra g in g in c r e a s e d e n v iro nm e n ta ll y
c o n s c io u s a c tiv itie s b y th e re s id e n ts a n d b u s in e s s e s ;
11. M a k in g re c o m m e n d a tio n s w ith re g a rd to p o s s ib le in c e n tiv e s fo r re s id e n ts,
b u s in e s s e s , a n d o r g a n iz a tio n s to p ra c tic e e n v iro n m e n ta l c o n se rv a tio n ,
w a te r a n d e n e r g y c o n s e rv a tio n , g re e n d e v e lo p m e n t, re c y cl in g , th e
re d u c tio n o f w a s te , th e im p ro v e m e n t o f e n e rg y e ffi c ie n c y , th e p r e se rv a tio n
o f g r e e n sp a c e s , th e u s e o f n o n p o ll u tin g tra n s p o r ta tio n a lte rn a tiv e s w h e re
p o s s ib le , x e r is c a p in g , a n d o th e r m e a s u re d to h e lp re d u c e p o ll u tio n a n d k e e p
o ur e n v iro nm e n t h e a lth y fo r fu tu re g e n e ra tio n s ;
11 1. M a k in g re c o m m e n d a tio n s w ith re g a rd to g o a ls , c rite r ia , a n d stra te g ie s w ith
re s p e c t to re s ilie n c y m e a s ur e s , g r e e n b u ild in g d e s ig n , in cl u d in g e n e rg y a n d
w a te r e ffi c ie n t c o n s tru c tio n ; a n d
b.
Section 3.
1v. Any other matters assigned to the Board by the Village Council relating to
sustainability efforts.
The Board shall continue to exist until the Board delivers its final report to
the Village Council or at such time that the Village Council, by an
affirmative motion, determines that it is appropriate and necessary to
dissolve the Board.
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. Codification. 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 Village's
Code of Ordinances, and 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. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the 15th day of __ ........ Fe ..... b .... ru .... ary~-----• 2023.
PASSED AND ADOPTED on second reading on the 14th day of March , 2023.
JOE I. RASCO
MAYOR
ATTEST:
,~~1>ko~
VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY:
· ,,,-~il'.11 ------
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
M IA M I-D A D E
STA T E O F FL O R ID A
C O U N TY O F M IA M I-D A D E :
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, of Miami-Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE - ORDINANCES - SECOND
READING - MAR. 14, 2023
in the XXX X Court,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Review on
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
03/03/2023
Affiant further says that the newspaper complies with all
legal for publication in chapter 50, Florida
Swor and subscribed before me this
3 day of MARCH, A.D. 2023
(SEAL)~·
GUILLERMO GARCIA personally known to me
·-----------------r
,::i~y:~~ii;~--- ROSANA SALGADO
({~_::i Commission # HH 336987
··?i,,,-,,f_:-' Expires November 30, 2026 ,,,.,.,,.
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, March 14, 2023 at 6:30 p.rn., in the Council
Chamber, loca ted at 560 Crandon-Boulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING
THE SUSTAINABILITY ADVISORY BOARD; .PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE,
AN ORDINANCE OF THE VILLAGE-OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT·
REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES CREATING
SECTION. 30 -42, "DEVELOPMENT INCENTIVES FOR· STORMWATER
MANAGEMENT"; PROVIDING FOR SEVERABILITY; PROViDING ·FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE, .
AN ORDINANCE OF J'HE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 30 -199, "LEGAL NONCONFORMING SIGNS," OF CHAPTER
30 OF THE VILLAGE CODE OF OijDINANCES RELATING TO THE
CONTINUATION, RECONSTRUCTION, AND ALTERATION OF LEGAL
NONCONFORMING MONUMENT SIGNS IN THE MULTIFAMILY AND
PLANNED UNIT DEVELOPMENT ZONING DISTRICTS; PROVIDING
FOR SEVERABILJTY; PROVIDING , FOR CODIFICATION;- PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE,
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 17., NOISE, SECTION 11-2, PROHIBITED NOISE DISTURBANCES;
OF THE VILLAGE CODE OF ORDINANCES REVISING NOISE REGULATIONS
WITHIN THE· VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDiNG.
FOR CODIFICATION; PROVIDING FOR CONFLICTS; 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 in person 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 Mclntyre·Street, Suite 220, Key Biscayne, Florid.a
33149, telephone number (305) 365-5506, not later than two business days
prior to such proceeding,
Should any person desire to appeal arty decision of the Village .Council with
respect to any matter to be considered at this meetinq, that person sh.all
insure that a verbatim record of the proceedings is made including all testimony
and_evidence upon which any_appeal may bebased (F.S. 286.0105) .
. Comments of any interested party relative to this matter may be submitted
in writing via em ail to publiccomments@keybiscayne.fLgov or presented in
. person at the public hear_ing.
3/3
Jocelyn B. Koch, Village Clerk
23-61 /0000648666M