city of sunny isles beach

City of Sunny Isles Beach18070 Collins AvenueSunny Isles Beach, Florida 33160 (305) 947-0606 City Hall(305) 949-3113 Fax

MEMORANDUM

TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 11/17/2011 RE: Ordinance amending Chapter 33-2 of the City Code RECOMMENDATION:

It is recommended that the City of Sunny Isles Beach (the"City") adopt the proposed Ordinance amending Chapter 33-2 of the City Code.

REASONS:

The purpose of the Lobbyist Registration Ordinance set forth in Chapter 33-2 of the City Code is to facilitate a non-bureaucratic approach to lobbyist registration. The City's concern is to work with lobbyist to ensure registration when appropriate, not to use the Lobbyist Registration Ordinance to generate revenues to create unnecessary obstacles. Currently, the Lobbyist Registration Ordinance requires that all lobbyists, including principals, register with the City Clerk before engaging in any lobbying activites in the City. The City desires to amend the Lobbyist Registration Ordinance to clarify that only those principals who have not employed a lobbyist are required to register with the City Clerk. If a principal has employed a lobbyist who is registered with the City Clerk, then the principal is not required to register with the City Clerk. This proposed amendment will ensure the City implements a non-bureaucratic, common sense approach to lobbyist registration. The proposed amendment is consistent with past practice.

ATTACHMENTS:

l Newpapaer Article l Ordinance amending Chapter 33-2 of the City Code l Notice of Public Hearing

Agenda Item No.9ADate 11/17/2011

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Attachment number 1Page 1 of 1


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Words added underlined, words stricken deleted (ed) Page 1 of 3

ORDINANCE NO. 2011-_____

AN ORDINANCE OF THE CITY COMMISSION OF THE CITYOF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION33-2 OF THE CODE OF ORDINANCES OF THE CITY OFSUNNY ISLES BEACH RELATING TO LOBBYISTREGISTRATION AND FEES; PROVIDING FORSEVERABILITY; PROVIDING FOR REPEALER; PROVIDINGFOR INCLUSION IN THE CODE; PROVIDING FOR ANEFFECTIVE DATE.

WHEREAS, the City Commission desires to update its lobbyist registration and feesprocedures by amending Section 33-2 of the City Code; and

WHEREAS, there is a need to amend the current lobbyist registration requirement thatall principals must register with the City Clerk; and

WHEREAS, the City desires to amend the lobbyist registration ordinance to clarify thatonly those principals who have not employed a lobbyist are required to register with the CityClerk, and

WHEREAS, this amendment to the lobbyist registration ordinance will promote a moreeffective and efficient lobbyist registration system.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THECITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:

Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified andconfirmed as being true and the same are hereby made part of this Ordinance.

Section 2. Amendment. Section 33-2 of the Code of Ordinances of the City of Sunny IslesBeach is hereby amended as shown, with additions shown in underline and deletions shown instrikethrough.

§ 33.2. - Lobbying.

B. Definitions. For purposes of this section, the following words, terms and phrases shall havethe meanings as indicated below:

…LOBBYIST – All persons, firms, or corporations employed or retained by a principal who

seeks to encourage the passage, defeat, or modifications of (1) any ordinance, resolution, actionor decision of the City Commission; (2) any action, decision, recommendation of a City board orcommittee; or (3) any action, decision or recommendation of City personnel during the timeperiod of the entire decision-making process on such action, decision or recommendation whichforeseeably will be heard or reviewed by the City Commission, or a City board or committee.



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“Lobbyist” specifically includes the a principal who has not employed a lobbyist registered withthe City Clerk, as defined in this section, as well as an agent, officer or employee of a principal,regardless of whether such lobbying activities fall within the normal scope of employment ofsuch agent, officer or employee. The term “lobbyist” specifically excludes a principal who hasemployed a lobbyist registered with the City Clerk or any person who only appears as arepresentative of a not-for-profit corporation or entity (such as charitable organization, a tradeassociation or trade union), without special compensation or reimbursement for the appearance,whether direct, indirect, or contingent, to express support or opposition to any item, who shallregister with the City Clerk as required by this section but, upon request, shall not be required topay any registration fees.…

Section 3. Severability. The provisions of this Ordinance are declared to be severable and ifany section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalidor unconstitutional, such decision shall not affect the validity of the remaining sections,sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being thelegislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

Section 4. Inclusion in the Code. It is the intention of the Commission, and it is herebyordained, that the provisions of this Ordinance shall become and be made a part of the code of theCity of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered orrelettered to accomplish such intentions; and that the word “ordinance” shall be changed to“section” or other appropriate word, as required.

Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and thesame are hereby repealed.

Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption onsecond reading.

PASSED and ADOPTED on first reading the ______ day of 2011.

PASSED and ADOPTED on second reading the _____ day of ___________ 2011.

____________________________Norman S. Edelcup, Mayor

ATTEST:

_____________________________Jane A. Hines, CMC, City Clerk



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APPROVED AS TO FORMAND LEGAL SUFFICIENCY:

_____________________________Hans Ottinot, City Attorney

Moved by: _____________________________

Seconded by: _____________________________

Vote:

Mayor Edelcup ____(Yes) ____(No)Vice Mayor Thaler ____(Yes) ____(No)Commissioner Aelion ____(Yes) ____(No)Commissioner Gatto ____(Yes) ____(No)Commissioner Scholl ____(Yes) ____(No)



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Page: NabesNE_22, Pub. date: Sunday, November 6 Last user: cciEdition: 1st Section zone: DadeNE Last change at: 18:37:7 November 3

MiamiHerald.com | THE MIAMI HERALDNE38NE | SUNDAY, NOVEMBER 6, 2011

CITY OF SUNNY ISLES BEACHNOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, November 17, 2011, at 6:30 p.m., to consider fi nal adoption of the following proposed Ordinance:

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-2 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH RELATING TO LOBBYIST REGISTRATION AND FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

Inquiries regarding this item may be directed to the City Clerk at 305-792-1703. A copy of the document is available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk

All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers’ card prior to the item being heard. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.

In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792-1590 for assistance.

CITY OF SUNNY ISLES BEACHNOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning Agency, of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, November 17, 2011, at 6:30 p.m., to consider fi nal adoption of the following proposed Ordinance:

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 “ZONING” INCLUDING SECTION 265-37 “TOWN CENTER ZONING DISTRICT” TO PROVIDE FOR TRANSFERRING BUILDING HEIGHTS WITHIN THE SUNNY ISLES BEACH BOULEVARD SOUTH EDGE STREET TYPE WITHIN THE TOWN CENTER DISTRICT; AND INCLUDING AMENDING SECTION 265-35 “MIXED USE-RESORT DISTRICT (MU-R)” TO MODIFY FLOOR AREA RATIO BONUSES, ESTABLISH FEDERAL AVIATION ADMINISTRATION RESTRICTIONS AS HEIGHT LIMITATIONS THEREIN, ADJUST INTERIOR SIDE SETBACKS FOR PARCELS 200 FEET OR MORE IN WIDTH, AND TO PERMIT CONNECTING BRIDGES BETWEEN CERTAIN ADJACENT PROPERTIES; AND INCLUDING AMENDING SECTION 265-23 “TRANSFERS OF DEVELOPMENT RIGHTS” TO ESTABLISH FEDERAL AVIATION ADMINISTRATION RESTRICTIONS AS THE HEIGHT LIMITATION FOR RECEIVING SITES; PROVIDING FOR ZONING IN PROGRESS;PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE AND APPLICABILITY.

Inquiries regarding this item may be directed to the City Clerk at 305-792-1703. A copy of this document is available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk

All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers’ card prior to the item being heard. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.

In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792-1590 for assistance.



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