2007-3575 OrdinanceORDINANCE NO. 2007-3575
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
IMPLEMENTING PROVISIONS OF THE 2006-2009
COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY AND THE COMMUNICATIONS WORKERS OF
AMERICA LOCAL 3178; IMPLEMENTING PROVISIONS
OF THE 2006-2009 COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY AND AFSCME; AND
IMPLEMENTING A 2007 MEMO OF UNDERSTANDING
BETWEEN THE CITY AND GSA; AMENDING THE MIAMI
BEACH EMPLOYEES' RETIREMENT PLAN CREATED BY
ORDINANCE 2006-3504, AS SUBSEQUENTLY AMENDED;
AMENDING SECTION 5.12 CONCERNING THE EARLY
RETIREMENT INCENTIVE PROGRAM AND OTHER
CHANGES TO BE DETERMINED BY THE CITY
COMMISSION; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1. Section 5.12 of the Miami Beach Employees' Retirement Plan
created by Ordinance 2006-3504, as subsequently amended, is amended to read:
5.12 Early Retirement Incentive Program
Effective October 27. 2007, a voluntary early retirement incentive orogram
(ERIP) shall be established in accordance with the following terms. The ERIP shall be
available to all Members in classifications within the CWA AFSCME and GSA
bargaining units who are ape 47 or older and have attained 25 or more years of
creditable service on or before January 25, 2008. To elect the ERIP an eligible Member
must submit a completed ERIP election form to the City between October 27 2007 and
January 25, 2008. Members who elect the ERIP must terminate Citv employment and
retire after meeting all ERIP eligibility requirements but not later than January 25 2008
The amount of the retirement benefit payable to Members who elect the ERIP shall be
equal to the pension benefit accrued by such Member at the time of retirement with no
reduction for early retirement.
Section 2. Conflicts and Severability.
(a) All Ordinances, and parts of ordinances, in conflict herewith shall be and
the same, are hereby repealed.
(b) In the event any article, section, paragraph, sentence, clause, or phrase
of this Ordinance shall be adjudicated invalid or unconstitutional, such adjudication shall
in no manner affect the other articles, sections, paragraphs, sentences, clauses or
phrases of this Ordinance, which shall be and remain in full force and effect as fully as if
the item so adjudged invalid or unconstitutional was not originally a part hereof.
Section 3. Effective Date. This Ordinance shall become effective upon adoption,
except as otherwise specifically provided herein.
PASSED and ADOPTED by the City Commis n o t e City of Miami Beach
this 17th day of October ~ 2007.
a
David Dermer
A st: ~ RrV! & ~N UAC3E
City Clerk Robert Parcher
(Seal) /a~/y~
T:WGENDA\2007\sep2607 budget\Regular\Employee Retirement Incentive Plan (ERIP) Ordinance Amendment - 1st
reading.doc
COMMISSION ITEM SUMMARY
I•
Condensed Title:
An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, implementing
provisions of the 2006-2009 collective bargaining agreement between the City and the
Communications Workers of America (CWA) Local 3178; implementing provisions of the 2006-2009
collective bargaining agreement between the City and American Federation of State, County and
Municipal Employees(AFSCME); and implementing a 2007 memo of understanding between the City
and GSA; amending the Miami Beach Employees' Retirement Plan created by ordinance 2006-3504
and other changes to be determined by the City Commission, providing for severability; repealing all
ordinances in conflict therewith; and rovidin an effective date.
Key Intended Outcome Supported:
Attract and maintain a quality workforce.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
These adjustments amend the ordinance to allow for the negotiated Early Retirement Incentive
Program (ERIP) to comply with the GSA, AFSCME and CWA a reements.
Item Summa /Recommendation:
Adopt the Ordinance on second and final reading.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $265,176 Included in various
Department salary
bud ets for Year I
2 <399,401 >
3
4
OBPI Total <134,225>
Financial Impact Summary:
If all eligible employees elect the ERIP, it is estimated that City payroll costs would be reduced by
approximately $399,401 during the 2007-08 fiscal year. The payroll cost savings would be offset by an
increase in the Ci 's re uired ension contributions of a roximatel $265,176 er ear.
Ci Clerk's Office Le islative Trackin
Linda Gonzalez, Labor Relations Director
Sign-Offs:
Department Director Assistant City Director City Manager
Ramiro Inguanzo Jorge M. zalez
T:1
,v~i~ur+~cwi wc~ ~ ~ vi viceywancmpwyee rcenremern incen[roe rian (trot) item Summary 2ntl reading - 10_17_07.¢bC/ ~~
M I AM I B EAR H AGENDA ITEM s~- _
DATE X0--(7-a7
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 17, 2007
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IMPLEMENTING PROVISIONS OF THE 2006-2009
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE
COMMUNICATIONS WORKERS OF AMERICA LOCAL 3178; IMPLEMENTING
PROVISIONS OF THE 2006-2009 COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY AND AFSCME; AND IMPLEMENTING A 2007 MEMO OF
UNDERSTANDING BETWEEN THE CITY AND GSA; AMENDING THE MIAMI
BEACH EMPLOYEES' RETIREMENT PLAN CREATED BY ORDINANCE 2006-
3504, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 5.12
CONCERNING THE EARLY RETIREMENT INCENTIVE PROGRAM AND
OTHER CHANGES TO BE DETERMINED BY THE CITY COMMISSION;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance on second and final reading.
BACKGROUND:
The Mayor and City Commission adopted the Miami Beach Employees' Retirement Plan
(MBERP) ordinance (Ordinance 2006-3504) in March 2006. The MBERP ordinance merged
the Classified and Unclassified Retirement Systems. As originally adopted, the MBERP
contained a voluntary early retirement incentive program ("ERIP") for members of the CWA
bargaining unit. Under this ERIP, members age 48 or older could retire immediately with no
penalty for early retirement. The original ERIP was expanded to members of the AFSCME
and GSA bargaining units in September 2006. The original ERIP expired December 29,
2006.
The Administration negotiated a voluntary ERIP as part of the 2006-2009 collective
bargaining agreement with the CWA which will result in an overall cost savings to the City.
Under the new ERIP, bargaining unit members age 47 or older with 25 or more years of
credited service as of January 28, 2008, would be eligible for this ERIP. The amendment
was adopted on first reading at the September 26, 2007, City Commission meeting. The
second reading will take place on October 17, 2007, and become effective ten (10) days
after that (October 27, 2007). Eligible members would have to elect the ERIP and retire
between October 27, 2007 and January 28, 2008. Members who elect the ERIP would
receive their accrued benefit under the MBERP with no penalty for early retirement. The new
ERIP would also be available to members of the AFSCME and GSA bargaining units. It is
estimated that approximately twenty (20) employees will be eligible for the ERIP.
If all eligible employees elect the ERIP, it is estimated that City payroll costs would be
reduced by approximately $399,401 during the 2007-08 fiscal year. The payroll cost savings
would be offset by an increase in the City's pension contributions of approximately $265,176
per year.
CONCLUSION
The CWA membership held a ratification vote on the proposed Agreement on August 31,
2007. The final vote was 234 in favor and 5 opposed. (Ninety eight percent (98%) of the
voting members were in favor of the proposed Agreement.)
The Administration recommends adopting the ordinance amending the Miami Beach
Employees' Retirement Plan created by Ordinance 2006-3504, by amending Section 5.12 to
provide a new early retirement incentive program for eligible members of the CWA,
AFSCME and GSA bargaining units, effective October 27, 2007 and any other changes to
be determined by the City Commission; providing for severability; repealing all ordinances in
conflict therewith; and providing an effective date.
T:WGENDA\2007\oct17071Regular\Employee Retirement Incentive Plan (ERIP) Commission Memo 2nd reading -10_17_07.doc
2
+~ N1lAN1I BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading 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 Wednesday, October 17, 2007, to consider the following:
10:30 a.m.
x An Ordinance Implementing Provisions Of The 2006-2009 Collective Bargaining Agreement Between The City And The
Communications Workers Of America Local 3178; Implementing Provisions Of The 2006-2009 Collective Bargaining
Agreement Between The City And AFSCME; And Implementing A 2007 Memo Of Understanbing Between The City And GSA;
Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504, As Subsequently Amended;
Amending Section 5.12 Concerning The Early Retirement Incentive Program. ,
Inquiries may be directed to the Office of Labor Relations at (305) 673-70Q~.
10:55 a.m.. " n
An Ordinance Amending The Code Of The City Of Miami Beach, By -" ending Chapter 106, Traffic And VehiGes Article II,
"Metered Parking"By Amending Sections 106-55, "Parking Rates,, Fges, And Penalties; Amending Monthly Municipal Parking
Permit Rates; And Special Event Flat Rates.
Inquiries may be directed to the Parking Department at (305) 673-7275.
11:00 a.m.
An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities," By Amending Article II Entitled
"Water," By Amending Division 1, Entitled "Generally,° By Amending Sections 110-39 (E) And (G) Entitled "Metered Water
Supply Service," By Amending Section 110-42 (B), Entitled "Turning On Md Smutting Off,"And ByAmendmg Section 110-43
(C), Entitled "Leaks And Waste," To Provide For Fee Schedules In Appendix A Entitled "Fee Schedule,"And Amending
Appendix A To Create Fee Schedules Therefor And New Fees For Meter Tampering; Amending Article IV, Entitled "Fees,
Charges, Rates And Billing Procedure," By Amending Division 2, Entitled "Rates, Fees And Charges," By Amending Secfion
110-166, Entitled "Schedule Of Water Rates And Tapping Charges,"By Amending Subsections (F), (G), (H), And, (I) Thereof To
Provide Additiona{ Water Meter Fees And Amending Appendix A, Entitled "Fee Schedule," To Create Fees -Therefor And To
Increase The Sanitary Sewer Service Charge Imposed By The City Pursuant To Sections 110-166 (A) And (B) And 110-168 (A),
And Amending Section 110-192, Entitled "Delinquent Accounts; Payment Of Collection Costs And Attorney Fees; Creation Of
Liens," Of Division 3, Entitled "Billing Procedures,"By Amending Subsections 110-192 (B) To Provide For A Fee Schedule In
Appendix A, Entitled "Fee Schedule,° And By Amending Appendix A To Create Fee Schedule Therefor.
Inquiries may be directed to the Public. Works Department at (305) 673x7080. -
11:15 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By A~ending Chapter 98, "Streets And Sidewalks," Article III
"Excavations" Division 2, "Permit,"Section 98-92, "Application; Amount Of Deposit; Use Of Deposit To Replace Surface;
Permit Fees"By Specifically Amending Appendix "A"Section 98-92 (C) Thereof; Said Amendment Modifying Permit Fees To An
Increase Of Twenty Five (25%) Percent, Following City In-House Survey Of Fees For Similar Services In Surrounding County/
Municipalities.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writ-
ing 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 m the C'rry Clerk's
Office, 1700 Convention Center Drive, 1st 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 irrelevant 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 persons with disabilities,
and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact
(305) 604-2489 (voice), (305)673-7218(TTY) fivE days in advance to initiate your request. TTY users may also call 711
(Florida Relay Service).
Ad #456