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Home My Public Portal About2023-13 Creating Article VIII of Chapter 2 of the Village Code of Ordinances establishing supplemental open meeting proceduresO RD I N A N C E N O . 2 0 2 3 -13 A N O RD IN A N C E O F T H E V IL L A G E O F KE Y B I S C A Y N E , F L O RI D A , C RE A T IN G A R T IC L E V III O F C H A P T E R 2 O F T H E V I L L A G E C O D E O F O RD IN A N C E S E S T A B L I S H IN G S U P P L E M E N T A L O P E N M E E T IN G P R O C E D U RE S ; P R O V ID I N G F O R S E V E RA B I L I T Y ; P R O V ID IN G F O R C O D IF IC A T I O N ; P R O V ID I N G F O R C O N F L I C T S ; A N D P R O V ID I N G F O R A N E F F E C T IV E D A T E . W H E RE A S , on April 1, 2022, the Village of Key Biscayne (the "Village") Charter Revision Commission (the "Commission") submitted its final report to the Village Council pursuant to Section 7.06 of the Village Charter; and WHEREAS, in its final report, the Commission recommended that various proposed Charter amendments be placed on the ballot at the November 8, 2022 general election; and WHEREAS, one of the Commission's proposed Charter amendments required the Village Council to adopt an ordinance establishing supplemental procedures and guidelines to ensure compliance with open meeting laws (the "Amendment"); and WHEREAS, on November 8, 2022, the electors of the Village approved the Amendment; and WHEREAS, pursuant to Section 7.09 of the Village Charter, the Village Council desires to adopt this Ordinance creating Article VIII of Chapter 2 of the Village Code of Ordinances to establish supplemental open meeting procedures; and WHEREAS, the Village Council finds that adoption of this Ordinance is in the best interest and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED 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. Creating Article VIII of Chapter 2 of the Village Code. That the Code of Key Biscayne, Florida, is hereby amended by creating Article VIII, "Supplemental Open Meeting Procedures," of Chapter 2, which article reads as follows: CHAPTER 2 - ADMINISTRATION *** ARTICLE VIII. - SUPPLEMENTAL OPEN MEETING PROCEDURES 1 Coding: Strikethrough ,.,,,ords are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with €l@ttlil(l stril:(lthrottgh and double underline S e c tio n 2 -1 5 5 . Supplemental Sunshine Meeting Requirements. In addition to the requirements of Chapter 286, Florida Statutes, members of the Village Council shall comply with the supplemental open meeting requirements provided below when calling and holding a Sunshine Meeting. For purposes of this Section, the term "Sunshine Meeting" shall mean a meeting called by a Council Member for two or more members of the Village Council to discuss any item or matter of public business which may come before the Village Council, excluding regularly scheduled Council meetings, Special Council meetings, Council workshops, and such other meetings of the entire Village Council. ill Notice. Sunshine Meetings must be publicly noticed at least 48 hours prior to the meeting. A courtesy electronic public notice of the Sunshine Meeting shall also be posted on the Village website or through other similar means of electronic communication in accordance with Section 7.08 of the Village Charter. Sunshine Meeting notices shall include, at minimum: ill the date and time of the meeting noticed; {ill the location of the meeting; (iii) the general subject matter of the meeting; and (iv) the Council Member calling the meeting and any other Council Members who are expected to be in attendance at the time of notice. ill Location. Sunshine Meetings must occur at (a) the Village Council Chambers unless the subject matter of the Sunshine Meeting necessitates another location for the meeting or (b) at a virtual public meeting utilizing communications media technology if the Council Member calling the Sunshine Meeting or a Council Member participating in the Sunshine Meeting is unable to physically attend in-person. Notwithstanding the foregoing, Sunshine Meetings shall not occur in individual offices. ill Meeting Minutes. Any Council Member that calls a Sunshine Meeting shall ensure that minutes of the Sunshine Meeting are promptly recorded and transmitted to the Village Clerk in a manner consistent with Chapter 286, Florida Statutes. Section 2-156. Review of Supplemental Open Meeting Procedures. The Village Council shall review this Article every two years to determine if any modifications to the provisions of this Article are necessary. *** 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. 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 S. Confli cts. 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 29th day of August , 2023. PASSED AND ADOPTED on second reading on the 10th day of October , 2023. JOE I. RASCO MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: ~J~ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY M IA M I-D A D E STATE OF FLORIDA COUNTY OF MIAMI-DADE: 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 - OCT. 10, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 09/29/2023 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. o and subscribed before me { s 29 day of SEPTEMBER, A.O. 2023 VILLAGE OF K-EY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE (SbL) GUILLERMO GARCIA personally known to me 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, October 10, 2023 at 6:30 p.m., in the Council Chamber, ·located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE VIII OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES. ESTABLISHING SUPPLEMENTAL OPEN MEETING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. . AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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 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 .au , 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 via email to publiccomments@keybiscayne.fl.gov or presented in person at the public hearing. 9/29 Jocelyn B. Koch, Village Clerk . 23-36/0000685880M