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2009-3654 Ordinance ORDINANCE NO. 2009 - 3654 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 86 OF THE MIAMI BEACH CITY CODE ENTITLED "SALES," BY AMENDING ARTICLE III THEREOF, ENTITLED "NONPROFIT VENDING AND DISTRIBUTION," BY AMENDING DIVISION 2, ENTITLED "PERMIT," BY AMENDING SECTION 86 -173, ENTITLED "PROCESSING FEE," TO ADD A $135.00 PERMIT APPLICATION FEE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach processes approximately 200 Nonprofit Vendor lottery applications on an annual basis; and WHEREAS, the process surrounding the nonprofit vending lottery application, from commencement to conclusion is a lengthy and detailed process, which involves several members of the City of Miami Beach staff reviewing and approving applications for compliance; and WHEREAS, at its meeting on July 8, 2009, the Finance and Citywide Projects Committee recommended an increase in the application processing fee for Nonprofit Vendor lottery applicants; and WHEREAS, the proposed fee will supplement the General Fund expenditures incurred by the City of Miami Beach in reviewing and approving the Nonprofit Vendor Lottery program. NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 86 -173 of Article Ill, entitled "Nonprofit Vending and Distributing," of Chapter 86 entitled "Sales," of the Miami Beach City Code, is hereby amended, as follows: Sec. 86 -173. Processing fee. The city may shall charge an application processing fee in the amount of one hundred thirty five dollars ($135.00) as set forth in appendix A per for each application. (Ord. No. 97 -3094, § 2(25-66.1d.3), 9- 24 -97) SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordnance. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 24th day of September , 2009. ATTEST: , * de TI HERR RA B • WER ( t - ( P ti/tit POO CPAA MAYOR ROBERT PA " � 14% CITY CLE..5• \ B * .INCORP ORATED: I '7? APPROVED AS TO �`� ,••• .. • ORM & LANGUAGE 4� CH 26 FO CUTION f • VIZ- ........ - . A ORNE AT T:\AGENDA\2009 \September 10 \Nonprofit Application Fee Ordinance.doc COMMISSION ITEM SUMMARY Condensed Title: An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Chapter 86 of the Miami Beach City Code entitled "Sales," by Amending Article III thereof, entitled "Nonprofit Vending and Distribution," by amending Division 2, entitled "Permit," by amending Section 86 -174, entitled "Processing Fee," to add a $100.00 permit application ... Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Ensure expenditure trends are sustainable over the long term. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey states that 65% of residents and 55% of businesses ranked the City either excellent or good for the overall value of City Services received for tax dollars paid. 67% of business respondents would recommend Miami Beach to others as a place to run a business. 66% of residents and 55% of businesses felt they received the right amount of information from the City. Issue: Whether to implement an application fee for the Nonprofit Vendor's Lottery? Item Summary /Recommendation: SECOND READING The City of Miami Beach processes approximately 200 nonprofit vending lottery applications on an annual basis. The City currently uses a joint process to issue nonprofit vending permits for entities wishing to promote and raise funds for their charity in the City of Miami Beach. Collectively, the nonprofit vending lottery application and lottery, from beginning to end, is an involved process with several members of City staff reviewing and approving applications for compliance. Nonprofit vending applications are initially processed by the Finance Department, which reviews applicants for compliance to City Ordinances, as well as the entities' exemption as a Charity and /or Non - Profit organization, 501 (c) (3) status, with the Department of Treasury Internal Revenue Service. The process is labor intensive and involves cooperation from the following City Departments: Finance Department, Code Compliance Division, City Manager's Office and the City Attorney's Office. Advisory Board Recommendation: The City of Miami Beach Finance and Citywide Projects Committee, on July 8, 2009, recommended a fee increase for all Nonprofit Vendor lottery applications. Financial Information: Source of Amount Account Approved Funds: 1 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Trish Walker, Chief Financial Officer Sign -Offs: Department Director Ass' t Manager Ci 46. nager PDW PDW , JMG Il`/ I • / ,I AGENDA ITEM R.) J — MIAMI BEA CH � DATE q -ay-09 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager . ---- --- 6 DATE: September 24, 2009 SECOND READING SUBJECT: Nonprofit Vendors Application Fee AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 86 OF THE MIAMI BEACH CITY CODE ENTITLED "SALES," BY AMENDING ARTICLE III THEREOF, ENTITLED "NONPROFIT VENDING AND DISTRIBUTION," BY AMENDING DIVISION 2, ENTITLED "PERMIT," BY AMENDING SECTION 86 -173, ENTITLED "PROCESSING FEE," TO ADD A $100.00 PERMIT APPLICATION FEE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the Ordinance Amendment on second reading. KEY INTENDED OUTCOMES SUPPORTED Improve the City's overall financial health and maintain overall bond rating. Ensure expenditure trends are sustainable over the long term. ANALYSIS On September 10, 2009, the City Commission, on first reading, approved an amendment to the Nonprofit Vending Distribution Ordinance. This amendment increased the proposed application fee from $50 to $100 for Nonprofit Vendor Lottery applicants. Additionally, the City Commission requested the Administration provide the estimated cost of processing Nonprofit Lottery applications. The City currently uses a joint process to issue nonprofit vending permits for entities wishing to promote and raise funds for their charity in the City of Miami Beach. Collectively, the nonprofit vending lottery application and lottery, from beginning to end, is an involved process with several members of City staff reviewing and approving applications for compliance. Nonprofit vending applications are initially processed by the Finance Department, which reviews applicants for completeness, compliance to City Ordinances, as well as verifies the entities' exemption as a Charity and /or Non - Profit organization, 501 (c) (3) status, with the September 24, 2009 City Commission Memo Nonprofit Application Fee Ordinance Page 2 of 4 Department of Treasury Internal Revenue Service. Lotteries are conducted every three months by City staff. The process is labor intensive and involves cooperation from the following City Departments: Finance Department, Code Compliance Division, City Manager's Office and the City Attorney's Office. The City of Miami Beach processes approximately 200 nonprofit vending lottery applications on an annual basis. With an annual average of 200 applications, the proposed $100 fee will generate approximately $20,000 in revenues. This revenue will help off -set the cost associated with reviewing and processing applications. The cost associated with processing Nonprofit Lottery applications is approximately $20,700 (Figure 1). The Finance Department and Office of Budget and Performance Improvement have conducted an analysis of the City's costs to process Nonprofit Lottery applications. This analysis takes into account the labor costs, as well as, related materials and overhead associated with processing the applications. City staff takes approximately forty five minutes to process and review each of the 200 Nonprofit Vendor Lottery applications annually. This time includes nonprofit vendor and staff interactions, as well as, the review for compliance and electronic filing of the application, for a total of 150 hours annually. In addition to reviewing all applications, two staff members spend five hours every quarter preparing for and conducting the Nonprofit Vendor lottery, for a total of 40 additional hours annually. After lotteries are conducted, an additional ten hours per quarter are spent creating and issuing photo identification cards for all winning vendors and their numerous volunteers, equating to an additional 40 hours annually. The total productive hours involved in the Nonprofit Lottery application process amounts to 230 hours (150 + 40 + 40). With an average of 200 applications per year, costs amount to $20,700, with staff spending approximately 230 hours on lottery applications at the Finance Department's Revenue Division's blended hourly rate of $90. The blended hourly rate includes all costs associated with running the Finance Department's Revenue Division, including labor, materials and overhead. Figure 1 — Nonprofit Vendor Lottery Application Analysis No. of Proposed Proposed Description Applications $100.00 Fee Revenue Annual Avg. of Nonprofit Applications 200 $100.00 $20,000.00 Proposed Application Funded Description Revenue Costs By Gen. Fund Im•act of •ro•osed Revenue Increase $20,000.00 $20,700.00 $700.00 As a result of this labor intensive effort, the City of Miami Beach Finance and Citywide Projects Committee, at their July 8, 2009 meeting, recommended an increase for all Nonprofit Vendor lottery applications. The increase would assist the City in recovering some of the costs associated with administering the lottery program. The fee would be increased from its current $15.00 amount to $100.00 for all lottery applications. September 24, 2009 City Commission Memo Nonprofit Application Fee Ordinance Page 3 of 4 At their July 8, 2009 meeting, the Finance and Citywide Projects Committee additionally recommended an increase for all Street Performer and Artist Vendor lottery applicants. The Street Performer and Artist Vendor lottery application process is similar to the Nonprofit Vendor lottery process. The City Code, under Chapter 18- 905(7), authorizes the City to administratively set the fees for the Street Performer and Artist Vendor lotteries, so no Ordinance change is required at this time to Chapter 18. With an annual average of 300 Street Performer and Artist Vendor lottery applicants, the $100.00 fee would generate approximately $30,000 in revenues. City Finance staff takes approximately twenty minutes to process, review and input each of the 300 Street Performer and Artist Vendor lottery applications annually. This time includes customer and staff interactions, as well as, the review for compliance and electronic filing of the application, for a total of 100 hours annually. In addition to reviewing all applications, two staff members spend sixteen hours each, every quarter preparing for the Street Performer and Artist Vendor lottery, for a total of 128 additional hours annually. The date of the Lottery, two staff members spend four hours conducting the lottery, for a total of 32 hours annually. Staff calculates that an additional eight hours per quarter are spent in responding to phone and email inquiries regarding the lottery, as well as updating lottery information on the City web page, for a total of 32 hours annually. The total productive hours involved in the Street Performer and Artists Vendor Lottery application process annually amounts to 292 hours (100 + 128 + 32+ 32). With an average of 300 applications per year, Finance Department costs amount to $26,280; with staff spending approximately 292 productive hours on lottery applications at the Finance Department's Revenue Division's blended hourly rate of $90. The blended hourly rate includes all costs associated with running the Finance Department's Revenue Division, including labor, materials and overhead. The blended hourly rate is based on 1,560 productive hours net of vacation and sick leave. These hours account solely for Finance Department staff time dedicated to the lottery application process. In addition, the Code Compliance Division is involved in identifying lottery locations, staffing and assisting in conducting the lottery, re- assigning lottery locations, maintaining lists of alternates, coordinating supplemental lotteries and responding to inquiries relating to the artist vendor /street performer lottery and permit. As you are aware, Code staff monitors and inspects Street Performers and Artist Vendors for compliance to City Code and Administrative Rules. All Code functions in support of the lottery and the program are also funded by the General Fund. Code Compliance staff spend four hours per quarter identifying lottery locations and creating maps, for a total of 16 hours annually. In addition, the day of the Lottery, four staff members spend four hours conducting and assisting with the lottery, for a total of 64 hours annually. Additionally, three staff members spend three total hours every quarter staffing the supplemental lottery, for a total of 12 hours per year. After lotteries are conducted, an additional twenty hours per week, for a total of 1040 hours per year are spent creating permits, issuing permits, managing alternate lists, reissuing permits, maintaining attendance logs, revoking permits for attendance and reissuing permits per order on list, tracking violations, and responding to inquiries from vendors. September 24, 2009 City Commission Memo Nonprofit Application Fee Ordinance Page 4 of 4 The Code Compliance Division also conducts two daily artists and street performer counts daily with count taking three hours each. These six hours per day equate to 2,190 hours per year. The total number of hours devoted by the Code Compliance Division for this effort is 3,322 (16+ 64 + 12 + 1,040 + 2,190). Total Code Compliance costs amount to $209,286; with staff spending approximately 3,322 productive hours on the lottery process at the Code Division's blended hourly rate of $63. The total number of hours devoted to this complete effort is 3,614 annually, at a cost of $235,566. Figure 2 — Street Performer and Artist Vendor Lottery Application Analysis No. of Proposed Proposed Description Applications $100.00 Fee Revenue Annual Av.. of A. •lications 300 $100.00 $30,000.00 Proposed Lottery Funded Description Revenue Costs By Gen. Fund Impact of proposed Revenue Increase $30,000.00 $235,566.00 ($205,566.00) Both lottery programs together cost the City $256,266. Together the two lottery fee increases will result in $50,000 in revenues. This revenue will help off -set some of the cost associated with processing and administering lottery applications, a function which is funded entirely by the General Fund. In order to obtain full cost recovery the City would have to charge each of the 500 annual lottery applicants approximately $512 per quarter. CONCLUSION The City Administration is recommending approving and implementing the proposed application fee increase to support the General Fund. JMG /PDW /GE /MM T:\AGENDA\2009 \September 24 \Nonprofit Application Fee.doc SUNDAY, SEPTEMBER 13, 2009 I 211M113 miAm E 18 CITY OF MIAMI BEACH „ NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and 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 24, 2009, to consider the following: 5:05 p.m. - An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Entitled "Standards Of Conduct"; Amending Section 2-482, Entitled "Registration"; Amending Section 2-482(A) And 2-482(F) Thereof, To Respectively Increase The "Per Issue" And Annual .Lobbyist Registration Fees; And Also Amending Appendix "A" Thereto, Entitled "Fee Schedule." Inquiries may be directed to the City Clerk's Office at (305) 673-7411. 5:05 p.m. An Ordinance Amending Article XI, Entitled "Dangerous Intersection Safety," Of Chapter 106, Entitled "Traffic And Vehicles," Of The Miami each City Code, By Amending Section 106 - 490, Entitled "Penalties" To Arnend The Fines For Violations. _ Inquiries may be directed to the City Manager's Office at (305) 673-7010. 505 p.m An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled "Traffic And Vehicles," By Amending Article II, Entitled "Metered Parking," By Amending Division 1, Entitled "Generally," By Amending Section 106-55, Entitled "Parking Rates, Fees, And Penalties;" By Amending Parking Meter'Rates North Of 23rd Street. Inquiries may be directed to the Parking Department at (305) 673-7275. 505 p.m. An Ordinance Amending Chapter 110 Of The Miami Beach City Code, Entitled "Utilities;" Amendigg Article III Thereof, Entitled -- "Stormwater Utility," Amending Section 110-109 Thereof Entitled "Stormwater Utility Fees," By Arnending Appendix A Thereto Entitled "Fee Schedule," To Increase The Stormwater Utility Service Charge Imposed By The City As Of October 1, 2009. Inquiries may be directed to the Public Works Department af (305) 673-7080. 5:05 p.m. An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities," 'Amending Article IV, Entitled "Fees, - Charges, Rates And Billing Procedure Thereof;" Amending Division 2 Thereof, Entitled "Rates, FeesiAnd Charges;" By Amending Section 110-168 (c) Thereof, Entitled "Sanitary Sewer Service Charge," ToProvide Additional Sanitark Sewer Service Charge Fees; - And Also Amending Appendix A To Chapter 110, Entitled "Fee Schedule" To Increase The Water Rates And 'Sanitary Service Charges Imposed By The City Pursuant To Sections 110-166 (A) And (B), 110-168(A), And Providing Submetering Fee In Section 110-170(A); Amending Section 110-170 To Be Entitled "Submetering" To Create Provisions For Subrheters. Inquiries may be directed to the Public Works Department at (305) 673-7080. X 5:05 p.m. . An Ordinance Amending Chapter 86 Of The Miami Beach City Code Entitled "Sales," By Amending Article III Thereof, Entitled "Nonprofit Vending And Distribution," By Amending Division 2, Entitled "Permit," By Amending Sectioh86-174, Entitled "Processing Fee," To Add A $50.00 Permit Application Fee. Inquiries may be directed to the Finance Department at (305) 673-7466. 5:05 p.m. An Ordinance Amending Chapter 102 Of The City Code, Entitled "Taxation.' By Amending Division V Therein, Entitled "Local 1. Business Tax," Amending Section 102-379 Therein, Entitled "Schedule Of Taxes"; Said Amendment Providing For A $15.00 Business Tax Receipt Application Fee.. Inquiries may be directed to the 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, do 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 busines hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.This meeting may be continuedand,under such circumstances additional legal notice would not be provided. Robert E. Parcher4City 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 anyclecision made by the City Commission with respect to any matter considered at its meeting or its hearing,-such person Mustteriftre that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal islo based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible orirreievant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for perSonsIdthtlisabilities,-and/ or any accommodation to review any or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #559