Coversheet

Ordinances - R5 C

COMMISSION MEMORANDUM

TO:	Honorable Mayor and Members of the City Commission
FROM:	Jimmy L. Morales, City Manager
DATE:	February 8, 2017
	10:10 a.m. Second Reading Public Hearing
SUBJECT:	AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY", AT DIVISION V, ENTITLED "SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFÉ PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI INCREASE OF FIVE (5) PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends approving the Ordinance on Second Reading Public Hearing.

ANALYSIS

The City of Miami Beach is in the process of implementing the EnerGov permitting system. In addition, staff has reviewed the Sidewalk Café Ordinance for potential modifications to fit the EnerGov system as well as improving tracking.

The current Sidewalk Café Ordinance (Section 82-383) allows applicants to pay their permit fee in two semi-annual installments if the fee exceeds $2,000, with the first installment due on October 1st and the second due on April 1st. This process cannot be accommodated in the new permit tracking system and has led to increased staff resources to track and bill for the second installment.

The City's auditor, Crowe Harworth, has reported the manual processing of permits to be in high risk and presented audit findings related to such practices.

For the current permit cycle, staff will be entering manual invoice amounts to effectuate the current code provision. Should the Ordinance modification be approved, the elimination of partial payments would be discontinued in the next permit cycle starting October 1, 2017. This would provide businesses sufficient time to plan accordingly and modify their business model to avoid any hardship.

On September 14, 2016, the City Commission referred this item to the Finance and Citywide Projects Committee for discussion and further direction.

On September 30, 2016, at the Finance and Citywide Projects Committee, the Committee recommended changing the Ordinance to remove the exemption of allowing partial payment to all funds being due. Staff was directed to bring back a draft Ordinance to the Commission reflecting the change.

On January 11, 2017, the Commission discussed the Ordinance change to discontinue the partial payments. Vice-Mayor Malakoff noted that Section (e) has to do with the ability to review and adjust the annual permit fee if the CPI increases by 5% or greater. Vice-Mayor Malakoff recommended that the CPI increased value be reduced to 1.5%. The recommendation was discussed and the item deferred to incorporate it into the Ordinance version.

On January 25, 2017, the City Commission approved the Ordinance on First Reading, and made a motion to move the item forward for Second Reading, Public Hearing.

CONCLUSION

The Administration recommends approving the Ordinance on Second Reading Public Hearing.

Legislative Tracking
Public Works

Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
	Description
	Ordinance