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repealed.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.
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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).
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