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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