HomeMy WebLinkAbout2006-3536 Ordinance
ORDINANCE NO. 2006-3536
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING
REGULATIONS"; AMENDING DIVISION II THEREIN,
ENTITLED "PERMIT FEES"; AMENDING SECTIONS 14-426
THEREIN, ENTITLED "ANNUAL FACILITY PERMIT";
AMENDING SUBSECTION 14-426(3)(g) THEREIN, PROVIDING
FOR CERTIFICATE OF USE FEES; SAID AMENDMENT
CHANGING THAT CERTAIN ESTABLISHED PERIOD FOR THE
CITY TO DETERMINE THE CORRESPONDING INCREASE IN
FEES FOR CERTIFICATES OF USE, FROM THE "EFFECTIVE
DATE" OF OCTOBER 1, 2006 (FISCAL YEAR 2006-07) TO THE
NEW EFFECTIVE DATE OF OCTOBER 1, 2007 (FISCAL YEAR
2007-08); AND PROVIDING FURTHER THAT THE PERIOD TO
DETERMINE SAID CERTIFICATE OF USE FEE INCREASE (TO
COMMENCE ON THE EFFECTIVE DATE OF OCTOBER 1, 2007)
SHALL ALSO BE AMENDED TO PROVIDE THAT THE FEE
SHALL BE INCREASED BY A PERCENTAGE EQUAL TO THE
CUMULATIVE CHANGE IN THE CONSUMER PRICE INDEX
(CPI) MEASURED BETWEEN MARCH 2003 TO APRIL 2007;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Certificate of Use Fee Ordinance was established in 1988 to recover
building, planning, and zoning inspections and annual follow up; and
WHEREAS, on July 30, 2003, Ordinance No. 2003-3422 was adopted by the City
Commission; this Ordinance established fee increases for Certificate of Use Fees as follows:
effective October 1, 2004 (Fiscal Year 2004-05), by 10%, and effective October 1, 2005 (Fiscal
Year 2005-06), by another 10%; and
WHEREAS, the increase effective October 1, 2006 (Fiscal Year 2006-07) provides for
an increase by a percentage equal to the cumulative change in the Consumer Price Index (CPI),
measured between March 2003 to September 2006; and
WHEREAS, after the October 1, 2006 increase, a subsequent review of the annual
permit fee would be required whenever the change in the Consumer Price Index (CPI), between
the latest CPI and the date of the CPI for the last fee adjustment, was five percent (5%) or
greater; and
WHEREAS, the City Administration would hereby request that the Mayor and City
Commission amend the Certificate of Use Fee Ordinance to defer the respective fee increase
adjustment, effective October 1,2006 (for Fiscal Year 2006-07), to October 1,2007 (for Fiscal
Year 2007-08).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
SECTION 1: That Chapter 14, Division II, Section 14-426, Subsection 14-426(3)(g), is
hereby amended as follows:
(g) The fees for certificate of use shall be as specified in Appendix A. Effective October
1,2004 (Fiscal Year 2004-05), said fees shall be increased by ten percent (10%); effective
October 1, 2005 (Fiscal Year 2005-06), said fees shall be increased by ten percent (10%);
effective October 1, 2006 (Fiscal Year 2006 07), effective October 1. 2007 (Fiscal Year
2007-08), said fees shall be increased by a percentage equal to the cumulative change in
the Consumer Price Index (CPI) measured between March 2003 to September 2006
March 2003 to April 2007.
As provided in Resolution No. 2003-25299, a review of the annual permit fee will be
required whenever the change in the Consumer Price Index (CPI), between the latest CPI
and the date ofthe CPI used for the last fee adjustment, is five percent (5%) or greater.
,
SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article" or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or constitutional, such
portion shall be deemed a separate, distinct and independent provision and such holding shall not
affect the validity or constitutionality of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after it is adopted.
PASSED and ADOPTED this 21st
day of September, 2006
ATTEST:
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Vice-Mayor Jerry Libbin
CITY CLERK
Robert Parcher
1 st Reading 9/06/2006
2nd Reading 9/21/2006
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTlON
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending
Chapter 14 of the City Code, entitled "Building Regulations" amending Division II therein, entitled
"Permit Fees"; amending sections 14-126 therein, entitled "Annual Facility Permit"; amending
subsection 14-126(3)(g) therein, providing for certificate of use fees; said amendment changing that
certain established period for the city to determine the corresponding increase in fees for certificate of
use.
Ke Intended Outcome Su orted:
Improve the City's overall financial health and maintain overall bond rating.
Issue:
To defer the increase in Certificate of Use fees for Fiscal Year 2006-07 and to review the proposed
chan e for Fiscal Year 2007-08.
Item Summary/Recommendation:
Ordinance 2003-3422 increased the fee for the certificate of use by 10% for both Fiscal Years 2004-
OS, 2005-06. For Fiscal Year 2006-07 it calls for fees to be increased by a percentage equal to the
cumulative change in the Consumer Price Index (CPI) measured between March 2003 to September
2006.
It is recommended to defer the increase and to review the proposed change for the Fiscal Year 2007-
08.
Advisory Board Recommendation:
I
Financial Information:
Source of
Funds:
D
aSPI
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Patricia Walker
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MIAMI BEACH
AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM:
Jorge M. Gonzalez, City Manager 5l- ~
September 21, 2006 () ()
SECOND READING
PUBLIC HEARING
DATE:
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE,
ENTITLED "BUILDING REGULATIONS"; AMENDING DIVISION II THEREIN,
ENTITLED "PERMIT FEES"; AMENDING SECTIONS 14-126 THEREIN,
ENTITLED "ANNUAL FACILITY PERMIT"; AMENDING SUBSECTION 14-
126(3)(g) THEREIN, PROVIDING FOR CERTIFICATE OF USE FEES; SAID
AMENDMENT CHANGING THAT CERTAIN ESTABLISHED PERIOD FOR THE
CITY TO DETERMINE THE CORRESPONDING INCREASE IN FEES FOR
CERTIFICATES OF USE, FROM THE "EFFECTIVE DATE" OF OCTOBER 1,
2006 (FISCAL YEAR 2006-07) TO THE NEW EFFECTIVE DATE OF OCTOBER
1, 2007 (FISCAL YEAR 2007-08); AND PROVIDING FURTHER THAT THE
PERIOD TO DETERMINE SAID CERTIFICATE OF USE FEE INCREASE (TO
COMMENCE ON THE EFFECTIVE DATE OF OCTOBER 1,2007) SHALL ALSO
BE AMENDED TO PROVIDE THAT THE FEE SHALL BE INCREASED BY A
PERCENTAGE EQUAL TO THE CUMULATIVE CHANGE IN THE CONSUMER
PRICE INDEX (CPI) MEASURED BETWEEN MARCH 2003 TO APRIL 2007;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance Amendment on Second Reading.
ANAL YSIS
In July 2003 Ordinance 2003-3422 was passed by the City Commission. This ordinance
established fee increases for Certificate of Use Fees effective October 1 , 2004 (Fiscal Year
2004-05) by 10% and October 1, 2005 (Fiscal Year 2005-06) by another 10%. The increase
for October 1,2006 (Fiscal Year 2006-07) was to be increased by a percentage equal to the
cumulative change in the Consumer Price Index (CPI) measured between March 2003 to
September 2006. After the October 1, 2006 increase a subsequent review of the annual
permit fee will be required whenever the change in the Consumer Price Index (CPI),
between the latest CPI and the date of the CPI for the last fee adjustment, is five percent
(5%) or greater.
All Occupational Licenses expire on September 30th of each year. The license renewals are
mailed out the first week in August of each year. This gives the licensee almost two months
to remit payment for a license for the new Fiscal Year (Oct 1, 2006 through Sept 30, 2007).
Since the license renewal is mailed out in August the City is not able to calculate the CPI
through September 2006 as Ordinance 2003-3422 directed.
BACKGROUND:
On July 30, 2003, the Certificate of Use Ordinance No. 2003-3422 increased the fee by 10%
for Fiscal years 2003-04, 2004-05 and 2005-2006 as request by the Finance and Citywide
Projects Committee on May 12, 2003. Additionally, they requested that an automatic annual
escalation provision, based on the increase in the annual CPI, be implemented to insure that
rates keep up with the increased cost of providing services. As such, the ordinance
stipulated that the increase for October 1,2006 (Fiscal Year 2006-07) was to be increased
by a percentage equal to the cumulative change in the Consumer Price Index (CPI)
measured between March 2003 to September 2006. After this date the Ordinance provided
for a required review process to take place whenever the change in the CPI between the
latest CPI and the date of the last CPI used for the last fee adjustment is five percent (5%) or
greater.
CONCLUSION
The Administration recommends that the increase for Fiscal Year 2006-07 be deferred and
that the Administration review the proposed change for Fiscal Year 2007-08.
CITY OF MIAMI B~ACH .
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor,
City Hall. 1700 Convention Center Drive, Miami Beach. Florida, on Thursday, September 21, 2006, to consider the following:
5:03 p.m.
An Ordinance Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504; Amending Section 2.11 Concerning The Definition Of Earnings;
Amending Section 4.05 Concerning The Purchase Of Credited Service By Certain Members Who Previously Had Creditable Service Under The Classified Plan; Creating A
New Section 4.06 Concerning The Purchase Of Creditable- Service By Members Who Participated In A Section 457 Plan During Their Initial Probationary Period; Amending
Section 5.01 Concerning The Normal Retirement Benefit; Amending Section 5.07 Concerning Death Benefits After Retirement; Amending Section 5.12 Concerning The
Early Retirement Incentive Program; Amending Section 6.02 Conc'llrning Contributions By Members; Providing For Severability; Repealing All. Ordinances In Conflict
Therewith. .
Inquiries may be directed to the Labor Relations Department at (305) 673-7009.
5:03 p.m.
An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications In Group II,
Represented By The Fraternal Order Of Police (FOP) In Accordance With The Negotiated Agreement; Effective In The First Pay Period Ending In October Of 2006, There Shall
Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); Effective
With The First Pay Period Ending In October Of 2007, There Shall Be An Across The Board Wage Increase Of Five Percent (5%). And The Minimum And The Maximum Of
Each Pay Range Will Also Be Increased By Five Percent (5%); Effective In The First Pay Period Ending In October 2008, There Shall Be An Across The Board Wage Increase
Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Four Percent (4%); Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
5:03 p.m.
An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications In Group I,
Being Those Classifications Covered By The American Federation Of State, County And Municipal Employees (AFSCME) Local No. 1554, In Accordance With The Negotiated
Agreement; Effectille In The First Pay Period Ending In May Of 2007, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And
Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In May Of 2008, There Shall Be An Across The Board
Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be IncreasedBy Five Percent (5%); Effective In The First Pay Period
Ending In May 2009, There Shall Be An Across The Board Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased
By Four Percent (4%); Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
5:03 p.m.
An Ordinance Amending' Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications In Group V,
Being Those Classifications Covered By The Government Supervisors Association Of Florida, OPIEU Local 100, (GSAF), In Accordance With The Negotiated Agreement;
Effective In The First Pay Period Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of
Each Pay Range Will Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In October Of 2007, There Shall Be An Across The Board Wage
Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Five Percent (5%); Effective In The First Pay Period
Ending In October 2008, There Shall Be An Across The Board.Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will Also Be
Increased By Four Percent (4%); Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
5:03 p.m. .
An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance, For Classifications In Group VI, Being All Other Classifications In The Classified
Service Not Covered By A Bargaining Unit; Providing For All Employees In Group VI, "Others", Effective In The First Pay Period Ending In May Of 2007, There Shall Be An
Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); Effective With The
First Pay Period Ending In May Of 2008, There Shall Be An Across The Board Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range
Will Also Be Increased By Five Percent (5%); Effective In The First Pay Period Ending In May 2009, There Shall Be An Across The Board Wage Increase Of Four Percent
(4%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Four Percent (4%).
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
5:03 p.m. .
An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance; Providing For Cost-Of-Living Adjustments (COLA) For All Unclassified
Employees, Effective In The First Pay Period Ending In May Of 2007, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And
Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In May Of 2008, There Shall Be An Across The Board
Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range WiIIAlso Be Increased By Five Percent (5%); Effective In The First Pay Period
Ending In May 2009, There Shall Be An Across The Board Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased
By Four Percent (4%)Further, By Establishing The Classifications Of Administrative Manager, Assistant Ice Rink Manager, Building Permitting Information Analyst I,
Building Permitting Information Analyst II, Building Records Manager, Contracts Compliance Specialist, Development Review Services Coordinator, Geographic Information
System Manager And Storage Area Network Architect; Amending The TItle And Grade Of The Classification Of Streets & Lighting Superintendent And Grades Of The
Classifications Of Assistant Building Director, Tourism & Convention Director And Property Management Contracts Coordinator.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
)(5:03 p.m.
An Ordinance Amending Chapter 14 Of The City Code, Entitled "Building Regulations" Amending Division II Therein, Entitled "Permit Fees"Amending Sections 14-426
Therein, Entitled "Annual Facility Permit"Amending Subsection 14-426(3)(G) Therein, Providing For Certificate Of Use Fees; Said Amendment Changing That Certain
Established Period For The City To Determine The Corresponding Increase In Fees For Certificates Of Use, From The "Effective Date"Of October 1, 2006 (Fiscal Year 2006-
07) To The New Effective Date Of October 1, 2007 (Fiscal Year 2007-08); And Providing Further ThatThe Period To Determine Said Certificate Of Use Fee Increase (To
Commence On The Effective Date Of October 1, 2007) Shall Also Be Amended To Provide That The Fee Shall Be Increased By A Percentage Equal To The Cumulative
Change In The Consumer Price Index (CPI) Measured Between March 2003 To April 2007.
Inquiries may ~e directed tQ Finance Department at (305) 673-7466.
INTERESTED PARTIES 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, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public Inspection during normal
business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the' City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to
any matter considered at its meeting or its hearing, such person must 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 the introduction or admission of otherwise inadmissible or
. . .. I n h rwise allowed by law.
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