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HomeMy WebLinkAboutQ. Public Hearings * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: J anuarv 20, 20 I 0 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Commissioner Wigington #3440 Suzanne Hutton #3473 AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance implementing a Momoe County Lobbyist Registry, utilizing lobbyist registration fees and financial reporting. ITEM BACKGROUND: It is in the public interest to ensure adequate disclosure of information about efforts to lobby County government. Momoe County government functions to serve th~ needs of all citizens. The citizens of Monroe County have a aright to know the identity of interests which attempt to influence decisions of County government, as well as the means employed by those interests. Public disclosure of the financing of lobbyists and those who employ their services is essential to citizen confidence in the integrity of their local govermnent. PREVIOUS RELEVANT BOCC ACTION: 12/16/09 BOCC approved public hearing for 1120/1 0 @ 3 :00 p.m. 8/19/09 BOCC tabled request for approval to advertise a public hearing on an ordinance drafted to prohibit certain types of lobbying activities CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes XX No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH Year APPROVED BY: County Atty $ OMB/Purchasing _ Risk Management _ DOCUMENT A TION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # Commissioner Wigington ORDINANCE NO. - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAYrER 2, PROVIDING FOR REGULATION OF LOBBYING ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the public interest to ensure adequate disclosure of information about efforts to lobby County government; and WHEREAS, Monroe County government functions to serve the needs of all citizens and those citizens have a right to know the identity of interests which attempt to influence decisions of County government, as well as the means employed by those interests; and WHEREAS, public disclosure of the financing of lobbyists and those who employ their services is essential to citizen confidence in the integrity of their local government; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following definitions: Board means the Monroe County Board of County Commissioners. Compensation means fees, retainer, contract payments, salary. wages. any other payment of money, or any other consideration of any kind, either monetary or nonmonetary. except that compensation does not include direct reimbursement of actual out-of-pocket expenses. County means Monroe County. Florida. County chairman and County mavor are interchangeable terms which mean the Chairman of the Monroe County Board of County Commissioners. Development permit means the same as this term is defined in F.S. ~ 163.3164. Expenditure means the same as this term is defined in F.S. ~ 112.3215. Lobbying Registry 1 Commissioner Wigington Lobbvist means any person, partnership, corporation or other business entity that receives compensation to lobby on behalf of a principal. Further. lobbyist means an employee of a principal only when governmental relations, acting as a governmental liaison, or communicating with governmental agencies is a primary or substantial part of the employee's ongoing job responsibilities. Lobbyist does not mean a county official. county employee or any other person affiliated with the county while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement to express support of or opposition to any item, shall not be required to register as a lobbyist. Principal means the person. partnership, joint venture, trust. association. corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lobbyist. SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: Lobbying means~ a. 8any degree of advocating by brand name or corporate name any product or service, whether done through individual private or public personnel effort, with or without receiving, having received, or intending to receive funds from any source of such advocation: or b. Any of the following acts which seek to encourage the approval. disapproval. adoption, repeal. rescission. passage. defeat or modification of any ordinance. resolution. agreement. development permit. other type of permit. franchise. contract. vendor. consultant. contractor. recommendation, decision or other foreseeable action of the board: (1) To communicate or the act of communicating directly with the county chairman. with any other member of the board. or with any member of a procurement committee. or (2) To communicate indirectly with the county chairman or any other member of the board by communicating with county officer or employee. or advisory board member. Lobbying shall include all such communications, regardless of whether initiated by the lobbyist or by the person being lobbied and regardless of whether oral. written or electronic. SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be created to read as follows: 2-154. Registration and Re-registration of Lobbyists. a) All lobbyists shall register and re-register with the County Clerk at the times specified in this article and on the forms prescribed from time to time by the County Administrator. (b) All lobbyists shall. at the time of initial registration and each annual registration, pay a registration fee of three hundred dollars ($300.00). No lobbyist shall be required in any year to pay more than three hundred dollars ($300.00) to register. regardless of the number of principals represented. Registration fees shall be used first to offset the costs of the Clerk in implementing Lobbying Registry 2 Commissioner Wigington and maintaining the registry created under this article. Any fees in excess of the Clerk's costs shall be remitted to the general fund to offset the costs of County administration and the County Attorney's office with respect to the registry. (c) The forms prescribed for the registration and re-registration of lobbyists shall require. at a minimum. the following information and State under oath: (1) The lobbyist's name and business address; (2) The name and business address of each principal represented; (3) The specific areas of the principars governmental interest: (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (5) Where the principal is a general partnership or joint venture. the names of all partners; (6) Where the principal is a limited partnership, the name of the general partner or partners; (7) Where the principal is a trust. the names of all trustees and beneficiaries; (8) Where the principal is a partnership, joint venture. corporation. association. trust or nongovernmental entity other than a natural person. the names of all natural persons holding. directly or indirectly, a five (5) percent or more ownership interest in the entity; and (9) Disclosure of any business. professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. (d) The County Clerk shall post the Registry to the County website on a quarterly basis reflecting registrations which have been filed in accordance with this ordinance. The Clerk shall notify the Board of the failure of a lobbyist to file a report and/or pay the assessed fines. (e) All lobbyists shall register with the County Clerk within five (5) business days of being retained as a lobbyist. before engaging in any lobbying activities. whichever shall come first. and re-register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. There shall be no fee for filing a notice of withdrawal. (f) Statement of lobbying expenditures. On or before April first of each year. all lobbyists shall submit to the County Clerk a statement signed under oath listing all expenditures incurred by the lobbyist during the preceding calendar year for the purpose of lobbying. Such statement shall be prepared and shall disclose such information as is prescribed in F.S. ~ 112.3215 for executive branch lobbyists, except that reports shall be submitted only annually and shall pertain only to expenditures incurred by the lobbyist, not the principal. Any lobbyist who fails to file the required expenditure report by April first shall be assessed an administrative fine of $50.00 per day through the day that the report is filed. Any lobbyist who fails to file the required expenditure report by June first shall be automatically suspended from lobbying until all fines are paid. Lobbying Registry 3 Commissioner Wigington (1) In order to resume lobbying activities prior to or as of January first of the following year. the lobbyist shall pay the administrative fee of $3.050 for not filing between April first and June first. and shall submit the required statement of expenditures. Any lobbyist suspended under this subsection shall not be allowed to register for a period of three years without paying the $3.050 administrative fine and submitting the expenditure statement. (g) Investigation of violations: penalties~ validity of actions. (1) The county attorney or county administrator, or their designee, shall be informed by any county employee or officer who knows of any of any person engaged in lobbying activities who has failed to comply with the registration and expenditure reporting requirements of this article and, in each such instance. shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the board. (2) Mter determination of a first violation of registration or reporting requirements. the board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time: provided. however. that any suspension or prohibition may not exceed a period of two (2) years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation, the board shall suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time~ provided, however. that any suspension or prohibition may not exceed a period of two (2) years. and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. Except for the administrative fine specified above for late filing of expenditure reports, the penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration and reporting requirements of this article. The failure or refusal of any lobbyist to comply with any order of the board suspending or prohibiting the lobbyist from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the county may pursue. including injunctive relief. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman. one or more county commissioners. or a member of the pertinent procurement committee has been lobbied in violation of the registration and expenditure reporting requirements. wbbying Registry 4 Commissioner Wigington SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION S. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION S. EFFECTIVE DATE. This Ordinance shall take effect on provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _th day of , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson Lobbying Registry 5 * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 20.2010 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado/Dent Pierce AGENDA ITEM WORDING: A public hearing for an ordinance amending Sec. 18-27 of the Monroe County Code relating to Burr Beach/Park hours. ITEM BACKGROUND: In response to citizen complaints of excessive noise and misuse of the Burr beach area, the County is seeking to amend the hours of operation for Burr Beach in order to curtail the undesirable activity. PREVIOUS RELEVANT BOCC ACTION: 12/16/09 BOCC approved public hearing for 1/20/10 @ 3:00 p.m: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes XX No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No XX AMOUNTPERMONTH_ Year APPROVED BY: County Arty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # ORDINANCE - 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 18-27, MONROE COUNTY CODE, BY THE ADDITION OF BURR BEACH PARK TO SECTION 18-27(a); AMENDING SECTION 18-27(c) SETTING HOURS OF OPERATION FOR BURR BEACH PARK; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 16, 1997, the Board of County Commissioners of Monroe County, Florida, passed and adopted Ordinance 01-1997, placing restriction~ on the use of alcoholic beverages in parks, setting park hours for any parks enumerated within the Monroe County Code of Ordinances, and establishing penalties for violations of the applicable sections of the Monroe County Code; and WHEREAS, section 18-27(c)(1) of the Monroe County Code of Ordinances currently designates park hours with exceptions; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1. SectionI8-27(a), Monroe County Code, is hereby amended to read as follows: (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bay Point Park means the area described as follows: Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 2, Bay Point Amended Plat, Bay Point Key according to the Plat thereof as recorded in Plat Book 3, Page 75 of the Public Records of Monroe County, Florida, RE#'s 00160060, 00160070, 00160080, 00160090, 00160100- 0160130. 1 Bernstein Park means the area described as follows: Lots 1,2,3,4 and 5, Block 57. George L. McDonald's Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the Easterly 30 feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, ofthe Public Records of Monroe County. Florida. Also a parcel of submerged land lying South of such Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed recorded in Official Records Book 866, Pages 2446-2450, of the Public Records of Monroe County. Florida, TWP. 67/68 RNG. 25 SEC. 35, 36 & 2 RE# 12385 OR 380-381-382. Big Coppitt Volunteer Fire Department Park means the area described as follows: Block 4, Lots 3, 4 and 5 Coppitl Subdivision Amended Plat, Big Coppitt Key. OR: 761-408. Plat Book: 4-50, Section 22. Township 67S, Range 26E. Big Pine Key Park means Tract A, Whispering Pines subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida (RE#286360-000000) formerly known as Mariners Resort. Burr Beach Park means the area described as follows: Section 33, Township 62. Range 38. Park Sunny Haven PBI-185 Key Largo (Alternate Key: 8654944, Parcel ID: 00557181-000000) Friendship Park means the area described as follows: Lots 29, 30, 31 and 32, Block 2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19, 20 and 21. Block 4, Industrial Acres Subdivision, Section 22 & 27, Township 61S, Range 39E. Garden Cove Park means the area described as follows: Tract F, Key Largo Beach, a subdivision in Section 33, Township 61 South, Range 39 East, Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149, Public Records of Monroe County, Florida. 2 Harry Harris Park means the area described as follows: Portions of Government Lot 3 and 4, Section 27, Township 62S, Range 38E, lying in open waters of Tavernier Harbor and Florida Bay. Government Lot 3, Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the mean high tide line: Beginning at the SE corner of such Government Lot 3 and run N on the E line of Government Lot 3, a distance of 27 feet more or less to the mean high tide line on the shore of Florida Bay; thence SWly meandering such mean high tide line, a distance of 55 feet more or less to the S line of such Government Lot 3; thence E on the S line of such Government Lot 3; a distance of 38 feet more or less to the point of beginning. Government Lot 4 in Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the high tide line: Beginning at the SW corner of Government Lot 4 and run E on the S line of such Government Lot 4, a distance of220 feet more or less to the shore line on the W side ef Tavernier Harbor; thence NW'ly along such shore line a distance of 400 feet more or less to the W side of such Government Lot 4, thence S 13 of30' W along such W side of Government Lot 4, a distance of 400 feet more or less to the point of beginning. The above two parcels contain a net acreage of70.98 acres, more or less. Key Largo Community Park means Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 61S, Range 39E, Monroe County, Florida. This parcel contain 615,623 square feet. Little Duck Key Park means the area described as follows: Little Duck Key, Lot 1, Section 19, Township 66S, Range 31 E, OR: 15-374-376, RE# 00106160- 000000; Alternate Key: 1124800. Old Settlers Park means the area described as follows: A tract in Government Lot 2, Section 34, Township 62 South, Range 38 East, comprising portions of Lots 16 & 17, according to the George L. McDonald Plat of the Albury property, as 3 recorded in Plat Book 1~ Page 64, RE# 90020, 90030, 90040-0001, 90070~ 90090, 90100, 90120 and 90130 and that portion of Lot 16 as identified in Book 397 Page 737 of the Official Records of Monroe County. Palm Villa Park means the area described as follows: Park-Palm Villa, Big Pine Key RE# 00285080-00000; Plat Book 1-89, Section 23, Township 66S, Range 29E (.61 acres). Ramrod Park means Lot 2, Block 3, Silver Shore Estates, according to the plat thereof as recorded in Plat Book 4, Page 111 of the public records of Monroe County, Florida~ RE# 00211080-000000. Sunset Point Park means the area described a~ follows; Tract A of Sunset Point, according to the Plat thereof, recorded in Plat Book 2~ Page 81 of the Public Records of Monroe County, Florida, together with all riparian rights thereunto belonging or in any use appertaining, less the following tracts: Less that part of Tract 4 above described as platted in Sunset Point Addition, according to the Plat thereof, recorded in Plat Book 3, Page 41 ,of the Public Records of Monroe County, Florida, and thereon referred to as Lot 12 and Sunset Lane; and Less a tract or strip of land ten feet wide and extending from the I'Boat Basinl1 as shown on the plat of Sunset Point Addition above referred to and running parallel to the SW'ly boundary line of such Lot 12 and the SW'ly line of Sunset Lane and as shown on such plat and such strip ten feet wide extending as above stated :from the "Boat Basin" to the north line of Sunset Road. Wilhelmina Harvey Park means the area described as follows: Block 2. Lot 4, 5, 6 and 7, amended Plat of Coppitt Subdivision, Section 22, Township 67S, Range 26E as recorded in Plat Book 4, Page 50 of the Public Records of Monroe County, Florida. Such amended plat is a resubdivision of that subdivision originally recorded in Plat Book 3, Page 116. 4 Section 2. Section 18-27(c)(l), Monroe County Code, is hereby amended to read as follows: (c) Park hours. (1) The parks and beaches listed above are open to the public, Monday through Sunday, for 7:30 a.m. until sunset with the following exceptions: . Bay Point Park, and Bernstein Park are open everyday from 7:30 a.m. until 10:30 p.m.; . Big Coppitt Volunteer Fire Department is open everyday from 7:30 a.m. until 1 0:00 p.m.; . Burr Beach Park is open everyday from sunrise until sunset; . Friendship Park is open everyday from 7:30 a.m. until 8:30 p.m.; . Key Largo Community Park is open everyday from 7:00 a.m. to 9:00 p.m. . Big Pine Key Park is open everyday from 7:30 a.m. to 8:30 p.m. Section 3. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 6. The provisions of this ordinance shaH be included and incorporated in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto, and the Monroe County Code shall be appropriately renumbered to conform to the uniform numbering system of the Code. 5 Section 8. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the _ day of ,2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario DiGennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor 6