Loading...
Item 7A - Ordinance 45-16-22AGENDA1TEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ORDINANCE NO. 45-16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE HI, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENAL TIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUiREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLJANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTfVE DATE. SUBMITTED BY: Nelson VanLiere, City Managerc?:? DATE: Ma rch 2 , 2016 STRA TEGLC PLAN LINK: Succession Planning AGENDA ITEM #7A MARCH 14,2016 BACKGROUND: In an eff01t to streamline operations of th e Cit y to continua lly do more with fewer resources, I am propos ing a shift in responsibiliti es of the d ai l y duties of managing th e Business Tax Receipts from the City C lerk to the City Manager, more specifically to the Finance Department. In my opinion, the job duties arc better suited for the Finance Department than for the Clerk 's Office due to the nature of the duties. Reasons for this change are highlighted below: I. One of the most significant reasons to implement a change is that although the code indicates that the Clerk's Office is responsible, a significant portion of the work is not supervised by the C lerk. The zoning approvals, insp ections and the collection of the fee s are all p e rform ed by other departments. When problems arise, the Clerk has no authority over the persons o utside her department perfonning the tasks. There should be one person responsible for the total process to insw·c that the treatment of customers is unifom1 and consistent, the fees are applied conectly and the inspections are performed timely. 2 . According to the C l erk, the C lerk's Office has been experiencing great difficulty perfotming thi s function at a front counter, taking up much needed time that s hould be devoted to records m anagement. The Clerk has r epeated ly brought it to my attention that her Records Clerk has difficulty working o n record s with the interruptions of the fro nt coun ter. Moving the Business Tax Receipt function across the hall shou ld alleviate some of this pressure. The Record's Clerk would be better utilized assisting the City C lerk with public records reques ts and processing records that need to be scanned and indexed for future reference. AGENDA ITEM# 7 A MARCH 14, 2016 3. The Finance Department already processes tax receipt payments, the Building and Planning Department performs a zoning review and the Building Official coordinates any inspections that need to be done. The Finance Department has front counter support and is capable of performing the remaining required procedures of taking the applications and verifying once trained. 4. The software that the Clerk's Office has been using has proven to be troublesome and time consuming. The software will be upgraded in the near future and will require many hours of training. By transferring these duties now, the Finance Department will have time to train and migrate to the new software and unburden the Clerk's Office with this responsibility. Finance personnel have more resources to go through the conversion and get the programs running smoothly. They will have the support of the Finance Director and two Accountants and a Billing Specialist. Having people trained and cross trained should make the process work more efficiently. This will also mean that the Clerk's Office will never need to spend resources on the City's integrated software except for requisition input. 5. When there is a critical function in a small department and only the person assigned the task knows how to perform the task or has time to perform the tasks and that person leaves employment, it puts the City in a difficult position to recover, especially when the process is complicated and involves specific software. These types of duties would be better off with a pool of employees that are familiar with the program. 6. This code revision also removes language that requires the City Clerk to cut off water services to those businesses that do not pay by January 31st. The City Clerk has never enforced this section of the code. The business may be closed for non-payment, but utilities may need to remain on if paid for. 7. This revision of the code also clarifies the dates for half year tax receipts and removes the provision that asks for hardship consideration before a partial year tax receipt would be given. This is not a necessary provision when partial year receipts are allowed. Declaring a hardship is very subjective and difficult to apply. For these reasons, the transfer of the responsibility of managing the Business Tax Receipts from the City Clerk to the City Manager or his designee by amending Section 20 of Chapter 20, Article III, of The Atlantic Beach Code of Ordinances would be in the best interest of the City. BUDGET: None RECOMMENDATION: To approve Ordinance 45-16-22 as read by title. ATTACHMENT: Ordinance No. 45-16-22 ORDINANCE NO, 45-16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENAL TIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7A MARCH 14, 2016 WHEREAS, the City Clerk is currently assigned the duties related to the issuance and renewal of business tax receipts and is accomplishing this task with the support of a records clerk; and, WHEREAS, there are significant records of the City that have not been scanned and indexed for future reference and increases in public records requests are taking up more time than in the past; and, WHEREAS, the City Manager, through the realignment of some other job duties proposes to perform the duties of the management of the business tax receipts and bring that function into the Finance Department. The collection of fees is already performed by the Finance Department and they have front counter support for this function. WHEREAS, the City Commission now finds that it is in the best interest of the City to transfer the responsibility of managing the Business Tax Receipts from the City Clerk to the City Manager or his designee and therefore desires to amend Section 20 of Chapter 20, Article III, of the Atlantic Beach Code of Ordinances. AGENDA ITEM #7A MARCH 14, 2016 NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION I Code Amended. That Section 20 of the Code of Ordinances, relating to the Bus iness Tax Receipts of the C ity of A tl antic Beach, Florida, is hereby amended as fo ll ows: Sec. 20-53. -Half-year receipts. The eity cleric, upoB proper shewing tha~ the iss~:tanee of a receipt fer a full year would weriE a hardship iR any instance duriBg the period from April first to Ootober first, may issue a half year's reeeipt. PeFSOfls app lying for a receipt aftef Ootober fifst ffHlY be issued a kalf year's reoeipt. No receipt shall be issued for more than o ne year. For each receipt obtained from October 1 through March 31, the full tax fo r one year shall be paid; for each receipt obtained from April I through September 30, one-half of the fu ll tax shall be paid. Sec. 20-54. -Due dates and delinquencies; penalties. (a) All receipts shall be sold by the city manager or designee e ity olerk beginning September first of each year and s ha ll be due and payable on or before October first of each year and shall expire on September thirti eth of the s ucceeding year. lf October first falls on a weekend o r ho lid ay, the tax sha ll be due and p ayable on or before the first working day following October first. Those receipts not renewed when due and payable s hall be considered d e linquent and subject to a delinquency penalty often (1 0) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twe n ty-five (25) percent of the local business tax fee for the delinquent establis hment. If receipt is not paid b~· January thirty first, tJ:te eity olerlc shall have eity water service diseoMeeted l:I:Rtil business tax fee plus delinEJuent charges are ~aid in full. (b) Any person engaging in o r managing a n y business, occupation o r profession without first ob ta ining a local bus iness tax receipt, if req uired in this article, shall be subject to a penalty of twenty-five (25) percent of the business tax fee determined to b e due, in addition to the penalty provided b y F.S. Ch. 162; any such business may be closed by the city manager or his designee until the bus iness tax requirements have been met. Sec. 20-56. -Compliance by receipt holders. Issuance of a local business tax receipt by the c ity manager or designee oity olerk shall in no Wtse!Y re lieve the h older thereof of responsibil ity for compliance w ith a ll p rovisions of this Code or oth er c ity o rdinances or parts thereof heretofore passed or w hich may hereafter be passed by the c ity commission regulating the co nduct of the business. AGENDA ITEM# 7A MARCH 14, 2016 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be 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 ordinance. SECTION 4. Effective Date. This Ordinance shall take effect May 1, 2016. PASSED by the City Commission on first reading this __ day of ___ , 2016. PASSED by the City Commission on second and final reading this __ day of 2016. --- MITCH REEVES, Mayor, Presiding Officer ATTEST: DONNAL. BARTLE, City Clerk Approved as to form and correctness: City Attorney