20120111 SuppMIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
Jaaaua~y %I, 2012
Mayor Matti Herrera Bower
Vice-Mayor Deede Weithorn
Commissioner Jorge R. Exposito
Commissioner Michael G6ngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
Chapter 2, Ae%icBe V81, Division 3 of the City Code of Miami Beach entitled 'Xobbyists" requires the
registration of ali lobbyists with the City Clerk prior to engaging in any Oobbying activity with the City
Commission, any City Board or CommiBee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City ClerKs office.
Questions regarding the provisions of the Ordinance shouid be dtrected to the Office of the City
SUPPLEMENTAL MATERlAl
C7F A Resolution Authorizing The Administration To Issue Purchase Orders, In The Amount Of
$225,000, For The Maintenance And Repair Of The Gated Revenue Control Equipment For
The City's Parking Garages From The Sole Source Provider, Consolidated Parking
Equipment.
(Parking Department)
(Resolution)
C7G A Resolution Approving And Appropriating Funding For The Sole Source Purchase Of
Software Upgrades To The Gated Revenue Control Equipment From Consolidated Parking
Equipment For The City's Parking Garages, In An Amount Not To Exceed $30,250.
(Parking Department)
(Resolution)
Supplemental Material, January 11, 2012
R5H An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards,"
Division 5, "Board Of Adjustment," Section 1 18-1 34, "Notification Of Hearings;" Article IV, "Conditional
Use Procedure," Section 118-193 "Applications For Conditional Uses"; Article VI, "Design Review
Procedures;" Article X, "Historic Preservation;" And Article XI "Neighborhood Conservation Districts
(NCD);" To Clarify That Continuances Shall Be Noticed By Mail After The First Continuance Granted
By A Land Use Board; Providing For Repealer; Codification; Severability And An Effective Date.
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Planning Department)
(Ordinance)
R51 Temporary Removal Of Parking Spaces
An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 82, "Public
Property," Amending Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests For Expansion,"
To Permit Sidewalk Cafes To Extend Into A Loading Zone Fronting A Restaurant; Providing For
Repealer, Codification, Severability And An Effective Date.
(Requested by the Land Use & Development Committee)
(Legislative Tracking: Planning Department)
(Ordinance)
R7 - Resolutions
R7B Amendments To The FY 2010/11 And 201 1/12 Budgets
4. A Resolution Adopting The Second Amendment To The FY 201 011 1 General Fund Budget
And The First Amendment To The Enterprise, Internal Service And Resort Tax Funds
Budgets For Fiscal Year (FY) 201 011 1.
2. A Resolution Adopting The First Amendment To The General Fund, Enterprise, Internal
Service And Special Revenue Funds Budgets For Fiscal Year (FY) 201 1/12 To Appropriate
Encumbrances And Prior Appropriations Carried Forward From FY 2010/11 And To
Appropriate Funds Carried Forward For Special Revenue Budgets.
(Budget & Performance Improvement)
(Memorandum)
R7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee At
Its October 27,201 1 Meeting, To Extend The Current Management Agreement With Greensquare,
On A Month-To-Month Basis, Until Such Time As The New Flamingo Park Tennis Center Is Nearing
Completion, And Coordinate The lssuance Of A Tennis Center(s) Operation And Management
Agreement Request For Proposals (RFP) In A Manner To I-lave The Selected Operator In Place To
Coincide With The Grand Opening Of The New Flamingo Park Tennis Center Facility, And
Authorizing The lssuance Of The Above Referenced Request For Proposals, As Described.
(Parks & Recreation)
(Resolution)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClW COMMISSION OF THE
C11W OF MIAMI BEACH, FLORIDA, AUTHOWZING THE
ADMIN%STMTION TO ISSUE PURCHASE ORDERS, BBII THE AMOUNT
OF $225,880, FOR THE WAAlNENANCE AND REPAIR OF THE GATED
REVENUE CONTROL EQUBPMENT FOR THE CI%V9S PARKING
GARAGES FROM THE SOLE SOURCE PROVIDER, CONSOLiDATED
PARKBNG EQUIPMENT.
WHEREAS, the gated parking revenue control system is an extremely important tool
that the City's Parking Department utilizes to operate and manage all of its parking garages; and
WHEREAS, the system is provided and maintained by Consolidated Parking
Equipment (CPE) and it is comprised of software, hardware, and equipment which monitors,
processes, and provides audit trails for all parking transactions, including transient and monthly
parking uses; and
WHEREAS, on July 27, 2005, the City Commission adopted Resolution No. 2005-
25959, which approved Consolidated Parking Equipment (CPE) as the sole source provider of
Federal APD gated revenue control equipment, pursuant to Section 2-367 (d) of the Miami
Beach City Code; and
WHEREAS, the aforestated Resolution also authorized the Administration to open
purchase orders for maintenance and repair, in the total amount of $1 10,000 annually; however,
since the approval of Resolution No. 2005-25959, the City has opened three (3) additional
garages and added equipment to the existing garages, resulting in an increase to the annual
maintenance and repair expenses; and
WHEREAS, the Administration requests approval to open purchase orders for the
maintenance and repair of all existing City garages, an annual amount not to exceed $225,000;
and
WHEREAS, funds for these expenses are already appropriated and included in the
Parking Department's Annual operating budget.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CfTY
68MM1SSION OF THE CITY OF MIAM1 BEACH, FLORIDA, that the Mayor and City
Commission authorize the Administration to issue purchase orders, in the amount of $225,000,
for the maintenance and repair of the gated revenue control equipment for the City's parking
garages from the sole source provider, Consolidated Parking Equipment.
PASSED AND ADOPTED this day of 2012,
APPROVED AS TO
CITY CLERK
JMGIJGGISFIRAR
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Agenda item C 7 F
3 Date l-ll-lL
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMBSSION OF THE
C OF MIAMI BEACH, FLORIDA, APPROVING AND
APPROPRIATING FUNDING FOR WE SOLE SOURCE PURCHASE
OF SOFWARE UPGRADES TO THE GATED REVENUE CONTROL
EQUlPMENWROU CONSOLIDATED PARKING EQUIPMENT FOR
THE CBTPB'S PARKING GARAGES, IN AN AMOUNT NOT TO EXCEED
$3O,25Om
WHEREAS, the gated parking revenue control system is an extremely important tool
that the City's Parking Department utilizes to operate and manage all of its parking garages; and
WHEREAS, the system is provided and maintained by Consolidated Parking
Equipment (CPE) and it is comprised of software, hardware, and equipment which monitors,
processes, and provides audit trails for all parking transactions, including transient and monthly
parking uses; and
WHEREAS, on December 14, 201 1, the City Commission awarded the Parking Mobile
Application RFP to Parking in Motion (PIM); and
WHEREAS, this mobile application will provide information on the availability of
parking in the City's garages and in order to retrieve this information from the gated revenue
control equipment, CPE will need to upgrade and install the space count application interface;
and
WHEREAS, the cost for the interface is $30,250 and includes all municipal garages;
and
WHEREAS, On July 27, 2005, the City Commission adopted Resolution No. 2005-
25959 which approved Consolidated Parking Equipment (CPE) as the sole source provider of
Federal APD gated revenue control equipment, pursuant to Section 2-367 (d) of the Miami
Beach City Code.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMlSSION OF THE GHW OF MIAMIPI BEACH, FLORIDA, that the Mayor and City
Commission approve and appropriate funds for the sole source purchase of software upgrades
to the gated revenue control equipment from Consolidated Parking Equipment for the City's
Parking garages, in an amount not to exceed $30,250.
PASSED AND ADOPTED this day of 2012.
ATTEST:
CITY CLERK
JMGIJGGISFIRAR
t:\agenda\2012\1-11-12\parkingrevenuecontrolcpe-pkgapp.res.docx
MAYOR
Agenda Item C 7,6
Date 1-11-12
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""CONTINUANCES BY LAND USE BOARDS"
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH AMENDING THE LAND DEVELOPMENT
REGULATBOMS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER I"/, "ADMlNISTWl(aTIVE AND REVIEW
PROCEDURES," ARTICLE IZ, ""BOARDS," DBVlSlON 5, ""BOARD OF
ADJUSTMENT," SECTlON 118-134, "NOTIFICATION OF HEARINGS;"
ARTICLE IV, "CONDBTIONAL USE PROCEDURE," SECVON 1%8-q93
"APPL8CATlONS FOR "CONDBTIONAL USES"; ARTlCbE \/I, "DESIGN
REVIEW PROCEDURES;" ARBBCLE X, 'WISTORIC PRESERWTION;"
AND ARTICLE XI "WEIGHBORHOOD CONSERVATiON DiSTRlCTS
(NCD) ;" TO CLARIFY THAT CONTINUANCES SHALL BE NOTICED
BY MAIL AFTER "bE FIRST CONTINUANCE GMNED BY A LAND
USE BOARD; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILIV AND AN EFFECTIVE DATE.
WHEREAS, the TRAC Committee recommendations make the Land
Development Application and Review Process more transparent and accessible to the
public; and
WHEREAS, an important recommendation of the Committee was to extend the
required mailed and newspaper notice for all four land use boards from 15 days to 30
days minimum; and
WHEREAS, the City Commission adopted an ordinance requiring 30 days mailed
notice on December 8, 2010, Ordinance No. 2010-371 1; and
WHEREAS, the Land Use and Development Committee believes that any
continued item before any of the land use boards, either at a board or an applicant
request should also be noticed by mail; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAME BEACH, FLORIDA, AS FOLLOWS:
Section I. That Chapter 118, "Administration and Review Procedures," Article II,
Boards, Division 5,"Board of AdjustmentYq9 Section 118-134, "Notification of hearings" is
hereby amended as follows:
Sec. 1 +I 8-1 34. Notification sf hearings.
The board of adjustment shall not vary or modify any regulation or provision of these
land development regulations or hear an appeal of an administrative decision until a
public hearing has been held. At least 30 days prior to the public hearing date, a
description of the request, and the date, time and place of such hearing shall be
(i) posted on the property,
Agenda laem
Date l-l/-lz
(ii) advertised in a paper of general paid circulation in the community, and
(iii) given by mail to the owners of record of land lying within 375 feet of the
property. This mailed notification requirement shall be the responsibility
of the applicant. Where the application is for an appeal of an
administrative decision the preceding information shall be supplemented
by an explanation of what is being appealed.
The board mav continue an application to a date certain at either the request of the
applicant or at its own discretion, with notice through a verbal announcement at the
public meeting at the time of the board vote approving the continuance only one time.
All further continuances of the same application shall be noticed at least 30 days prior to
the public hearing date, in accordance with the provisions of (i) through (iii) above. The
mail notification requirement shall be the responsibility of the applicant. Agenda items
that the board cannot consider due to the absence of a quorum shall be automatically
continued to the board's next regular meeting without further required notice.
Section 2. That Chapter 118, "Administration and Review Procedures," Article IV,
"Conditional Use Procedure," Sec. 11 8-193. "Applications for conditional uses" is hereby
amended as follows:
Sec. 11 8-1 93, Applications for conditional uses.
Applications for approval of a conditional use shall be submitted to the planning
department, which shall prepare a report and recommendation for consideration by the
planning board, and when required, by the city commission. Within a reasonable time,
but in no instance less than 30 days after receipt of a completed application, the board
shall hold a public hearing, at which parties in interest and citizens shall have an
opportunity to be heard. At least 30 days prior to the public hearing date, a description
of the request, and the-date, time and place of such hearing shall be:
posted on the property,
advertised in a paper of general paid circulation in the community, and
(iii) given by mail to the owners of record of land lying within 375 feet of the
property. This mailed notification requirement shall be the responsibility
of the applicant.
The board may continue an application to a date certain at either the request of the
applicant or at its own discretion, with notice through a verbal announcement at the
public meeting at the time of the board vote approving the continuance only one time.
All further continuances of the same application shall be noticed at least 30 days prior to
the public hearing date, in accordance with the provisions of (i) through (iii) above. The
mail notification requirement shall be the responsibility of the applicant. Agenda items
that the board cannot consider due to the absence of a quorum shall be automatically
continued to the board's next regular meeting without further required notice
Section 3. That Chapter 118, "Administration and Review Procedures," Article Vl,
"Design Review Procedures," is hereby amended as follows:
Sec. 1 18-254. "Decision of design review board"
(b) At least 30-days prior to the public hearing date, a description of the request, and
the date, time and place of such hearing shall be:
(i) posted on the property,
(ii) advertised in a paper of general paid circulation in the community; and
(iii) given by mail to the owners of record of land lying within 375 feet of
property. The mail notification requirement shall be the responsibility of
the applicant.
Additionally, courtesy notice shall also be given to any state nonprofit community
organization which has requested of the director in writing to be notified of board
hearings.
Set. 1 18-257. Deferrals, continuances, and withdrawals.
(a) An applicant may defer an application before the public hearing only one time.
The request to defer shall be in writing. When an application is deferred, it shall be re-
noticed at the applicant's expense as provided in section 118-254. The applicant shall
also pay a deferral fee as set forth in this article. In the event that the application is not
presented to the design review board for approval at the meeting date for which the
application was deferred, the application shall be deemed null and void. If the application
is deferred by the board, the notice requirements shall be the same as for a new
application as provided in section 11 8-254, and shall be at the city's expense.
(b) The board may continue an application to a date certain at either the request of
the applicant or at its own discretion, with notice through a verbal announcement at the
public meeting at the time of the board vote approving the continuance onlv one time.
All further continuances of the same application shall be noticed at least 30 davs prior to
the public hearing date, in accordance with the provisions of (i) through (iii) above. The
mail notification requirement shall be the responsibilitv of the applicant. Agenda items
that the board cannot consider due to the absence of a quorum shall be automaticallv
continued to the board's next regular meeting without further required notice.
Section 4. That Chapter 118, "Administration and Review Procedures," Article
X, "Historic Preservation," is hereby amended as follows:
Division 3. Issuance of Certificate of AppropriatenessICertificate to DigICertificate of
Appropriateness for Demolition"
Section 1 18-563, "Review procedure"
(c) All applications for a certificate of appropriateness for the demolition or partial
demolition of any building, structure, improvement, significant landscape feature, public
interior or site individually designated in accordance with sections 11 8-591, 11 8-592 and
118-593, or located within an historic district and all applications for a certificate of
appropriateness for new building construction, alteration, rehabilitation, renovation,
restoration or any other physical modification of any building, structure, improvement,
significant landscape feature, public interior or site individually designated in accordance
with sections 1 18-591, 1 18-592 and 1 18-593, or located within an historic district shall
only be considered by the board following a public hearing. At least 30 days prior to the
public hearing date, a description of the request with the date, time and place of such
hearing shall be:
(i) posted on the property,
(ii) advertised in a paper of general paid circulation in the community, and
(iii) given by mail to the owners of record of land lying within 375 feet of the
property. The mail notification requirement shall be the responsibility of
the applicant.
The board mav continue an application to a date certain at either the request of the
applicant or at its own discretion, with notice through a verbal announcement at the
public meeting at the time of the board vote approving the continuance onlv one time.
All further continuances of the same application shall be noticed at least 30 davs prior to
the public hearing date, in accordance with the provisions of (i) through (iii) above. The
mail notification requirement shall be the responsibilitv of the applicant. Aaenda items
that the board cannot consider due to the absence of a quorum shall be automaticallv
continued to the board's next regular meeting without further required notice
Division 4. Designation
Sec. 1 18-591. Historic designation procedure.
(4) Public hearing; notification. A public hearing on a proposed historic preservation
designation shall be conducted by the historic preservation board after the date a
designation report has been filed. The property owners of record within 375 feet of the
property proposed for designation shall be notified by mail of the public hearing at least
4-5 3 days in advance of the hearing. This notification requirement shall be the
responsibility of the applicant.
(g) Designation procedures initiated by owners of single-family homes in single-
family districts. Notwithstanding the above, the following shall apply to any request by
property owners for the individual designation of their single-family homes as historic
structures:
(2) Public notice requirements. At least 30 days prior to the public hearing date for
the subject designation, a description of the request with the time and place of the public
hearing, shall be advertised in a paper of general paid circulation in the community.
The board mav continue an application to a date certain at either the request of the
applicant or at its own discretion, with notice through a verbal announcement at the
public meeting at the time of the board vote approving the continuance onlv one time.
All further continuances of the same application shall be noticed at least 30 davs prior to
the public hearing date, in accordance with the provisions of (i) through (iii) above. The
mail notification requirement shall be the responsibilitv of the applicant. Agenda items
that the board cannot consider due to the absence of a quorum shall be automatically
continued to the board's next regular meeting without further required notice.
Section 5. That Chapter 118, "Administration and Review Procedures," Article XI.
"Neighborhood Conservation Districts (NCD)" is hereby amended as follows:
Sec. 11 8-705. Procedures for adoption of specific NCD overlay districts.
* * *
Preliminary review.
(2) Notification of the preliminary public hearing shall be advertised in accordance
with section 11 8-1 64(2)(b) regardless of acreage and, in addition, all property owners
within the proposed district as well as within a 375-foot radius of the proposed district
shall be notified by individual mail notice with a description prepared in plain English,
and postmarked 30 days in advance of the hearing.
Discussion and recommendations by the design review board.
(2) Notification of this public meeting shall be advertised in a newspaper of general
circulation 30 days prior to the meeting.
The board mav continue an application to a date certain at either the request of the
applicant or at its own discretion, with notice through a verbal announcement at the
public meeting at the time of the board vote approving the continuance onlv one time.
All further continuances of the same application shall be noticed at least 30 days prior to
the public hearing date, in accordance with the provisions of (i) through (iii) above. The
mail notification requirement shall be the responsibilitv of the applicant. Agenda items
that the board cannot consider due to the absence of a quorum shall be automaticallv
continued to the board's next renular meetinn without further required notice
Section 6. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
Section 7. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section" or
other appropriate word.
Section 8. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 9. Eeective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2012.
MAYOR
ATTEST:
CIW CLERK
APPROVED AS TO
FORM AND LANGUAGE
First Reading:
Second Reading:
Verified by:
Richard G. Lorber, AlCP
Acting Planning Director
Underscore denotes new language.
denotes deleted language.
T:WGENDADO12\1-1 I-12\Noticing requirements for continuances by any of the LUB - ord.docx
ORDINANCE No.
AN ORDINANCE OF THE MAYOR AND 61$Y COMMISSION OF THE
61$Y OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF WE
C1W OF MIAMI BEACH BY AMENDING CHAPTER 82, 'TUBLIC
PWOPERW," AMENDING SECTION 82-384, "PERMI'$$ED SBDEWALK
CAF~ FRONMGE; REQUESX FOR EXPANSION," TO PERMIT
SIDEWALK CAFES TO EXTEND INTO A LOADiNG ZONE FRON"ll"NG
A RESTAURANT; PROVIDING FOR REPEALER, COD1FICATlON7
SEVERABILIW AND AN EFFECTIVE DATE.
WHEREAS, on S,eptember 15, 2010, the Mayor and Commission referred the
issue of permanent parking space removals from City inventory to the Land Use and
Development Committee (LUDC); and
WHEREAS, on September 27, 2010, the LUDC held a discussion regarding
strengthening the process by which permanent parking spaces may be removed from
City inventory, for instance by limiting the purpose and/or requiring Commission
approval; and
WHEREAS, at the May 18, 2011 meeting the LUDC discussed the temporary
removal of parking spaces for additional sidewalk cafe seating and recommended to
send it to the full City Commission; and
WHEREAS, on June 1, 201 1 the full City Commission ratified this directive from
the LUDC through approval of the LUDC Committee report on the Consent Agenda; and
WHEREAS, the amendments set forth below are necessary to
accomplish all of the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIn
COMMISSION OF THE C1m OF MIAMI BEACH, FLORIDA.
SECTlON 1. That Chapter 82, "Public Property," Section 82-384, "Permitted sidewalk
cafe frontage; requests for expansions," is hereby amended as follows:
Sec. 82-384. Permitted sidewalk cafe frontage; requests for expansions.
Sidewalk cafes are restricted to the sidewalk frontage of the restaurant to which
the permit is issued or, if the restaurant is an ancillary and/or secondary use to
another type of business establishment, the sidewalk cafe shall be restricted to
the sidewalk frontage of the building (or portion thereof) of the "primary" business
establishment (within which the restaurant is located). Only a restaurant whose
premises are on a ground floor adjacent to and fronting the sidewalk may be
issued a sidewalk cafe permit. Sidewalk cafes mav be extended into a loadinq
zone fronting a restaurant as provided in subsection (d) below.
Agenda Item 8 5 1
Date 1-!\-I2
Loading zones in front of a around floor restaurant use with sidewalk frontage
and a sidewalk cafe permit may be used as part of an expanded sidewalk cafe
permit area when the street on which the loading zone is located is closed to
traffic, provided that the loading zone is within a street area that is reaularlv
closed to traffic during certain days or hours, a minimum of five davs each week.
All platforms, tables and chairs in the loading zone shall be removed at the close
of business each night. A permit modification will be required before use of a
loading zone may commence, subiect to suspension or revocation at the
discretion of the Public Works Director. The fee for the temporary expanded
sidewalk cafe permit area shall be as provided in Section 82-383, City Code.
SECUION 2. CODIFICA"$ON.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed
SECTION 4. SEVEMBILIW.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEC"IP"VE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of ,2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:
Richard G. Lorber, AlCP
Acting Planning Director
Underscore denotes new language.
denotes deleted language.
T:\AGENDA\2012\1-1 I-lP\temporary removal of parking spaces
MAYOR
APPROVED AS
TO FORM & LANGUAGE
& FOR EXECUTION
*PP I
aty hK6rneyda Date
ord rev gh 1st reading 1-6-12.doc
COMMISSION ITEM SUMMARY
Condensed TitIe:
I A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA,
ADOPTING THE SECOND AMENDMENT TO THE FY 2010111 GENERAL FUND BUDGET AND THE FIRST
AMENDMENTTO THE ENTERPRISE, INTERNAL SERVICE AND RESORTTAX FUNDS BUDGETS FOR FISCAL
YEAR (FY) 201 011 1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA,
ADOPTING THE FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE, INTERNAL SERVICE AND
SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR (FY) 201 1112 TO APPROPRIATE ENCUMBRANCES
AND PRIOR APPROPRIATIONS CARRIED FORWARD FROM FY 2010111 AND TO APPROPRIATE FUNDS
CARRIED FORWARD FOR SPECIAL REVENUE BUDGETS
Key Intended Outcome Supported:
Ensure expenditure trends are sustainable over the long term
Improve the City's overall financial health and maintain overall bond rating
Supporting Data (Suweys, Environmental Scan, etc.):
The $3.6 million in prior year surplus set-aside for FY 201 1112 will not be available for FY 201211 3, immediately
creating a gap that will need to be addressed in FY 2012113.
Issue: I Whether to adopt the amendrqents to the FY 201011 1 and FY 201 1112 operating budgets.
item SummaryIRecommendation::
Overall, there is a General Fund operating budget surplus of $3,658,538 (1.5% of budget). This surplus is despite
an estimated revenue shortfall of approximately $2.1 million and pension contributions in excess of budget by
approximately $665,000 as explained in prior quarterly projection reports. Combined, this represents the absorption
of nearly $2.8 million in deviations from budget, once again reflecting the pro-active initiatives taken by the City to
reduce expenses below the adopted budget. Further, an additional $2 million in Resort Tax transfer is recommended
for FY 201011 1, consistent with the level of transfer included in the FY 201 1112 budget, and supported by increased
Resort Tax revenues. However, the $1,546,709 previously budgeted Building Reserves to help offset FY 201011 1
Building Department expenses is recommended not be used for FY 201011 1, given the preliminary actual revenues
and expenditures of the Building Department in FY 2010111, Instead it is recommended that those funds remain
available for future years.
In addition, there are $275,281 in encumbrances from FY 201 011 1 for goods or services which have been procured
but not yet received and expended, which will need to be re-appropriated in FY 201 111 2 and $426,704 in FY 2010111
General Fund appropriations not expended or encumbered in FY 201011 1 be set aside for appropriation and
expenditure in FY 201 1112. The resulting impact of these changes is a revised net surplus of $3,409,844.
An amendment to the FY 201 1112 budget is also needed to provide the authorization necessary for departments to
expend $275,281, $77,344 and $307,069 in General, Enterprise and Internal Service Funds encumbrances,
respectively from FY 201011 1 for goods or services which were procured but not received and expended as of
September 30,201 1 ; re-appropriates $426,704 in FY 201 1/12 for General Fund items appropriated but not expended
or encumbered in FY 201 011 1 and $199,895 in Special Revenue Fund appropriations for Education Compact Funds
appropriated in prior years to be used for teacher development programs and fees to the International Baccalaureate
Organization; Greenlsustainability Funds and Waste Hauler Additional Services and Public Benefit Contributions
Financiai Information:
( Financial impact Summary:
AQ EM DA .ITEM
DATE 1-ii-12
Source of
Funds: m
OBPl
I FY 201 119 2
Amount
($ 1,609,445)
3,026,271
4,949,271
234.108
FY 201 Oll l
-
Account
General Fund
Enterprise Funds
Resort Tax Fund
Internal Service Funds
$701,985
77,344
307,069
199,895
General Fund
Enterprise Funds
lnternal Service Funds
Special Revenue Funds
City of: Miami Bscach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 1 1, 201 2 3
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE
FY 2010lll GENERAL FUND BUDGET AND THE FIRST AMENDMENT TO
THE ENTERPRISE, INTERNAL SERVICE AND RESORT TM FUNDS
BUDGETS FOR FISCAL YEAR (FYI 201 011 1
A RESOLUTION OF THE MAYOR AND ClW COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE
GENERAL FUND, ENTERPRISE, INTERNAL SERVICE AND SPECIAL
REVENUE FUNDS BUDGETS FOR FISCAL YEAR (FY) 2011112 TO
APPROPRIATE ENCUMBRANCES AND PRIOR APPROPRIAT1ONS
CARRIED FORWARD FROM FY 2010111 AND TO APPROPRIATE FUNDS
CARRIED FORWARD FOR SPECIAL REVENUE BUDGETS
ADMBNISTRATION RECOMMENDATION
Adopt the resolution amending the FY 201011 1 General Fund, Enterprise Funds, Internal
Service Funds and Resort Tax Fund Budgets, appropriating funds to cover prior year
encumbrances, and amend certain department budgets.
Adopt the resolution amending the FY 2011112 General Fund Budget, appropriating
encumbrances carried forward from FY 201011 1 and appropriating special revenue funds
carried forward from FY 201 011 1 to FY 201 111 2.
GENERAL FUND ANALYSIS
The year-end budget to preliminary actual comparisons are presented in the following
pages.
These comparisons show that, overall, there is an operating budget surplus of $3,658,538
(1.5%) in the General Fund. A summary of the preliminary General Fund Revenues and
Expenditures as of September 30, 201 1 is as follows:
Second Amendment to the FY 2010111 General Fund Budget and First Amendment to the FY 201 011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1112 General Fund Budget and Special Revenue Budgets
Page 2
Expenditures 1 239,468,664 1 233,747,390 1 (5,721,27411
General Fund
Revenues*
I Surplus1 (Deficit) ( $ 0 1 $ 3,658,538 1 $ 3,658,538 1
Note: * The amended budaet reflected above includes the budaet amendment that
was adopted February, 201'i. This amendment authorized the uie of $1.95 million in
reserves to be set aside for the FY 2011112 budget, and had no net impact on
revenues versus expenditures
Budget FY
201011 1 As
Amended
$ 239,468,664
It is important to note that this is despite an estimated revenue shortfall of approximately
$2.1 million and pension contributions in excess of budget by approximately $665,000 as
explained in prior quarterly projection reports. Combined, this represents the absorption of
nearly $2.8 million in deviations from budget, once again reflecting the pro-active initiatives
taken by the City to reduce expenses below the adopted budget. These initiatives included
the continuation of a modified hiring freeze, delayed hiring of other positions, re-bidding of
contracts where appropriate to take advantage of the more competitive economic
environment, close scrutiny of major purchases, and continuous evaluation of
opportunities to reduce costs in all departments.
Further, given how we ended the year in the Resort Tax Fund and the fact that Resort Tax
related expenses in the General Fund are estimated to be above the level of the budgeted
transfer, I am recommending that the Resort Tax transfer to the General Fund for FY
201011 1 be increased by $2 million, consistent with the level of transfer included in the FY
201 111 2 budget.
Preliminary
Actual FY
201 011 1
$ 237,405,928
At the same time, I am recommending that the $1,546,709 previously budgeted Building
Reserves to help offset FY 201 011 I Building Department expenses not be used at for FY
201011 1, but rather continue to be held in reserve for future years given the uncertainty in
the construction industry. As you may recall, the General Fund Revenue Budget included
the use of the $1,546,709 in Building Department Reserves. Given the preliminary actual
revenues and expenditures of the Building Department in FY 2010111, the use of this
reserve is not needed. Instead those funds will remain available for future years.
Budgeff Actual
Over1 (Under)
$ (2,062,736)
In addition, there are $275,281 in encumbrances from FY 2010111 for goods or services
which have been procured but not yet received and expended, which will need to be re-
appropriated in FY 2011112. Further, it is recommended that the following FY 2010111
General Fund appropriations totaling $426,704 not expended or encumbered in FY
201011 1 be set aside for appropriation and expenditure in FY 201 1112. These funds need
to be set aside in order to ensure that they are available for re-appropriation in FY 201 1112
when it is anticipated that the goods andlor services will be received.
$66,143 of the remaining balance of funds previously set aside for transportation of
senior citizens. This fund was created several years ago with initial funding of
$1 50,000. Setting the remaining balance aside will ensure that it is available for re-
appropriation and expenditure in FY 201 1112.
e $132,000 for ongoing assessments of City buildings - these assessments were
deferred in FY 201011 1 but are needed in FY 201 1112 to continue to ensure major
components of City Building are replaced in a timely manner.
Second Amendment to the FY 2010/11 General Fund Budget and First Amendment to the FY 2010/11
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1/12 General Fund Budget and Special Revenue Budgets
Page 3
$200,000 for the FY 201 1112 elections - in FY 2010111 we began funding for
elections in level annual amounts each year rather than funding every other year
when elections occur. In order for these funds to be available in FY 201 1112 for
the November 12 elections, they should be set aside in FY 201011 1.
$28,561 for purchase of tough books by the Public Works Department - these
were planned for FY 201 011 1 but will occur in FY 201 1/12.
The resulting impact of these changes would be a revised net surplus of $3,409,844.
Preliminary Year End Suplus
Changes in Revenue Appropriations
Additional Resort Tax Transfers to the General Fund
Reserve for Building Department Operations (7,546,709)
Total Additional Revenue Appropriations $ 453,291
Changes in Expenditure Appropriations
Reserve - Encumbrances 275,281
Reserve- Carryforward of PI 201 011 1 Appropriations 426,704
Total Additional Expenditure Appropriations $ 701,985
Revised Year-end Surplus
The City's financial policies adopted pursuant to Resolution 2006-26341 and Resolution
2002-24764 require that one time revenues (such as the year-end ouapbus) mslst be
used for non-recasrri~pgr expenses, and that at Beast hasf of the annuad year-(end
surplus must be ajiocated to the City's Capital R~eme Fund However, the City's
Capital Reserve was established in FY 2005106 at a time when the industry was at a peak,
and project bids were often coming in significantly higher than budgeted. The market for
the last couple of years, however, has been very different, with construction bids being
received significantly under projects budgets, and at the same time, the Capital Reserve
has accumulated approximately $12 million in funding. Therefore, I am recommending
that the Capital Reserve transfer requirement again be waived for the FY 2010111 year-
end surplus similar to what was done last year.
Further, as in FY 2008109 and FY 2009110, no use of the General Fund surplus is
recommended to address the City's FY 201011 1 accrued liability for post employment
benefits (primarily health insurance) pursuant to recently enacted reporting requirements
of Governmental Accounting Standards Board Statement #45 (GASB 45).
The City's budgets for the last several years have been extremely challenging due to the
recession and declining property values. In response to declining revenue in several
categories, the City has responded with substantial reductions totaling $49 million and 269
positions over 5 years. In addition, employee "give-backs" totaled approximately $12
million in savings in FY 201011 1 and almost $15 million between FY 2009110 and FY
201 011 1, representing abmosf $64 midlion in ccrombi~ed "@vebacks3' and mductiono
over 5 years,
Second Amendment to the FY 201011 1 General Fund Budget and First Amendment to the FY 201 011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 111 2 General Fund Budget and Special Revenue Budgets
Page 4
The FY 201011 1 budgets included the use of $3.7 million in FY 2008109 surplus and the
FY 2011112 budget included the use of $3.6 million set aside between FY 2009110 and FY
201 011 1. Since prior year surpluses are one-time revenue that will not be available for FY
2012113, this creates a gap that will need to be addressed in FY 2012113, unless other
revenues increase to offset this amount or expenditures decrease. At this time, the
outlook for FY 2012113 property tax revenues remains uncertain; and, as an example, a
5% change in property values represents $5 million in property tax revenues, if tax rates
remain unchanged. Further, additional pension increases are anticipated for FY 2012113
as poor investment experience from FY 2007108 and FY 2008109 continues to be
recognized along with poor investment experience in FY 201011 1 (although these may be
somewhat mitigated by recent changes to the pension plans and salary freezes). For this
reason, I am once again recommending that the FY 2010/11 General Fund budget be
amended to set aside $3.4 million in a reserve for possible use to address potential
shortfalls in the FY 2012113 budget, very similar to the amount budgeted for in FY
201 1112.
GENERAL FUND OPERATING REVENUE AND EXPENDITURE VARIANCES
Revenues
Preliminary year-end actual revenues are approximately 99% of the original budget or
237,405,928.
Detailed comments on those revenue categories with significant variances over $300,000
are shown in the following section.
1. Ad Valorem Propem Taxes - Year-end collections of $98,707,435 are 1.5% under
budget, creating a net shortfall of $1,514,587. This is primarily due to higher than
anticipated property value appeals approved by Miami-Dade County.
2. Other Taxes - This category includes franchise and utility taxes on services. As
projected from early in the fiscal year, actual collections of $24,074,326 resulted in a
shortfall of $1.3 million, or 5%, at year-end. This is primarily due to decrease in
revenues from electric and telephone utility taxes.
3. Licenses and Permits - This category is comprised of licenses and building and
special use permits. In total, the actual collections for Licenses and Permits
exceeded budget by $2.9 million, or 9.7%. This is slightly above third quarter
projections. The majority of this increase was from building development process fee
revenues, as a result of an increased number of permits and larger projects reflecting
the improving economy.
4. Intergovernmental Revenues - Year-end collections are above budget by 3.7% or
$0.35 million. This is primarily due to increases in the local government '% cent sales
tax revenues, also reflecting the improving economy.
5. Fines and Forfeits - Year-end collections are below budget by 17.3% or $0.56
million. This is mainly due to lower than budgeted fines from red light cameras. As
reported to you at the March 2011 Commission meeting and quarterly projection
reports throughout the fiscal year.
Second Amendment to the FY 201011 1 General Fund Budget and First Amendment to the FY 201011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1112 General Fund Budget and Special Revenue Budgets
Page 5
6. interest - Year-end collections are below budget by 34% or $1.2 million. This is
mainly due to reduced investment returns from long term investment vehicles that
matured in the current fiscal year and are reinvested at prevailing interest rates which
are much lower in this investment climate, as well as approximately $0.6 million in
"Unrealized Losses on Investments" which have a non-cash impact for FY 201011 1.
Governmental Accounting Standards Board Statement #31 (GASB 31), implemented
in 1997, requires the City to report its investments at fair market value as if they were
immediately liquidated on September 30 each year, and to recognize these as
"unrealized gains or losses in investments", although the actual cash impact is not felt
until future years. By comparison, in FY 2008109 and FY 2009110, the City had a gain
of $2.3 million and a loss of $1.95 million, respectively. Although this is a non-cash
impact, it will still reflect on the financials as a loss for FY 201011 1, however, given
there remains a year-end surplus for the General Fund overall, thereby mitigating this
loss.
7. Rents and Leases - As anticipated in prior quarterly projection reports, year-end
revenues are above budget by $0.6 million, or 12%. This is due primarily to increased
revenues from various leases,
8. Miscellaneous - This category includes concessions, planning fees, and other
reimbursements. Year-end revenues are 9% below budget or approximately $1
million. As explained in prior quarterly projection reports, this is due primarily to lower
than anticipated revenues from the Commercial Pole Banner Program and corporate
sponsorships which are still being pursued and negotiated as well as decreased
reimbursement from capital projects for the Capital Improvement Office due to
vacancies. This decrease in revenues is offset by a decrease in expenditures in the
Capital Improvements Office.
Operating Expenditures
Preliminary year-end actual expenditures are approximately 98% of the original budget or
$233,747,390.
It is important to note that, at the time of adoption of the FY 2010111 budget, the City was
at impasse with the Communication Workers of America (CWA) bargaining unit, and the
budget included the impact of several initiatives that would have significantly reduced
expenditures related to CWA employees through contracting, conversion to part-time
schedules for more efficient scheduling, etc. (Plan B). The first-year savings from these
initiatives amounted to over $200,000 in the General Fund across various departments.
Not being able to anticipate the outcome of these negotiations at the time of adopting the
budget, an increased operating contingency was budgeted under the Citywide Accounts.
Subsequent to the adoption, an agreement was reached with CWA that included several
employee give-backs that fully met our budgeted savings in exchange for a no-layoff
provision. Therefore the proposed Plan B initiatives were not implemented and, while most
departments were able to still remain below budget at year-end, three departments
exceeded their budget by less than one percent, at least in part due to these reasons.
No department exceeded its budget by more than $300,000. Additionally, several
departments were more than $300,000 under budget as shown on the following pages.
Second Amendment to the FY 2010/11 General Fund Budget and First Amendment to the FY 2010/11
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1/12 General Fund Budget and Special Revenue Budgets
Page 6
Parks and Recreation - Excluding Golf Courses
Budget/ Prelim. % Over1
Amended Budget Preliminary Actual Actual (Under)
Expenditures $ 21,648,891 $ 21,072,041 $ (576,850) -2.7%
Approximately $0.6 million in savings (2.7% of budget) was achieved in the Parks and
Recreation Department from the rebidding and continued management of contracted
landscaping cycles, as well as salary savings and savings across multiple operating
accounts in the Recreation division.
Budget/ Prelim. % Over1
Amended Budget Preliminary Actual Actual (Under)
Expenditures $ 6,372,884 $ 5,511,856 $ (861,028) -1 3.5%
Approximately $0.9 million in savings (13.5 % of budget) was achieved in the Public
Works Department in the General Fund primarily due to salary savings associated with
vacant positions, as well savings in operating accounts including the Building
assessments as discussed previously in this memo, and contingency contracts for
streets and streetlight repairs.
Capital Improvements Program Office
Budget/ Prelim. % Overl
Amended Budget Preliminary Actual Actual (Under)
Expenditures $ 4,520,748 $ 3,849,538 $ (671,210) -14.8%
Consistent with prior quarterly projections, there are $0.7 million (14.8% of budget) in
expenditures savings in the Capital Improvements Program Office primarily due to
vacancies and resulting salary savings.
4. Police
Budget/ Prelim. % Overl
Amended Budget Preliminary Actual Actual (Under)
Expenditures $ 88,920,529 $ 88,151,029 $ (769,500) -0.9%
Consistent with prior quarterly projections, there are $0.8 million (0.9% of budget) in
expenditures savings in the Police Department primarily due to vacancies and
resulting savings in personnel costs (although these savings are partially offset by
increased court overtime) and significant savings in professional services primarily due
to savings in recruitment costs contributed to the Department being under budget.
Second Amendment to the FY 2010/1 1 General Fund Budget and First Amendment to the FY 201 0/11
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1/12 General Fund Budget and Special Revenue Budgets
Page 7
Ciwide Accounts - Including Contingency and Transfers
Budget1 Prelim. % Over1
Amended Budget Preliminary Actual Actual (Under)
Expenditures $ 15,700,892 $ 14,138,949 $ (1,561,943) -9.9%
Approximately $1.6 million in savings (17% of budget) was achieved in Citywide
accounts, primarily due to unspent contingency of $1.3 million, deferral of the
Community Satisfaction Survey to FY 201 1/12 as directed by the Commission, carry
forward of $200,000 in funds budgeted annually for elections, $75,000 in savings from
funds budgeted for a local government lobbyist, and $67,170 encumbered for special
studies but not yet spent.
Although the total General Fund expenditure is below budget, Florida Statues require that
the actual expenditures not exceed budget at the level at which the budget is adopted,
which in Miami Beach is at the Department level. Therefore a budget amendment is
required for departments that overspent their appropriation and to allow the transfer to the
Set Aside amounts for FY 201 111 2 and FY 201211 3. A summary of the resulting increases
and decreases to revenues and expenditures and the resulting proposed amended budget
for FY 2010/11 is provided below and on the following pages.
GENERAL FUND
REVENUES
OPERATING REVENUES
Property Tax (5.5472)
Property Tax (5.5472)-So Pt Costs
Property Tax (0.1083)-Capital R & R
Property Tax - Norm Shores (0.8567)
Other Taxes
Licenses and Permits
Intergovernmental
Charges for Services incl. Golf Courses
Fines and Forfeits
Interest
Rents and Leases
Miscellaneous
Other - Resort Tax
Other - Non Operating revenues
Reserves - Building Department Revenues
FY 09 Year-End Surplus Set Aside
Pr~or Yr Surplus from Park~ng Oper Fd
Fund Bal-Resrv Future Budget Shortfalls
Total General Fund
Changes in
FY 2010/11 Rev/Exp Rec. Additional FY 2010/11
Amended Budget Appropriation Appropriation Amended Budget
Second Amendment to the FY 201011 1 General Fund Budget and First Amendment to the FY 201 011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1/12 General Fund Budget and Special Revenue Budgets
Page 8
FY 201011 1
Amended Changes in
Budget As of 2- RevlExp Rec. Additional
9-1 1 Appropriation Appropriation
FY 2010/11
Amended
Budget GENERAL FUND
APPROPRIATIONS
Department
MAYOR & COMMISSION
ClTY MANAGER
Communications
BUDGET&PERFORMANCElMPROVE
FINANCE
Procurement
HUMAN RESOURCESILABOR RELATIONS
CITY CLERK
ClTY ATTORNEY
REAL ESTATE, HOUSING & COMM. DEV
Community Services
Homeless Services
BUILDING
Code Compliance
PLANNING
TOURISM & CULTURAL DEVELOPMENT
PARKS & RECREATION
PUBLIC WORKS
CAPITAL IMPROVEMENT PROJECTS
POLICE
FIRE
Citywide Accounts-Other
Citywide Accounts - Operating Contingency
Citywide Accounts-Normandy Shores
Sub Total General Fund
TRANSFERS
Capital Reserve Fund
Pay-As-You-Go Capital Fund
Capital Investment Upkeep Account
Info & Comm Technology Fund
Reserve Future Building Dept Needs
Reserve - FY 201 1/12 Budget Shortfalls
Reserve - FY 2012113 Budget Shortfalls
Reserve- Carryforward of FY 201011 1 Appropriations
Reserve - Encumbrances
CAPITAL RENEWAL & REPLACEMENT
Sub Total Transfers
Total General Fund
Second Amendment to the FY 201011 1 General Fund Budget and First Amendment to the FY 2010/11
Enterprise, lnternal Service and Resort Tax Budgets
First Amendment to the FY 201 1112 General Fund Budget and Special Revenue Budgets
Page 9
ENTERPWDSE FUNDS FY 2010114 BUDGET AMENDMENT
The City accounts for proprietary operations in Enterprise Funds. Convention Center,
Parking, Sanitation, Sewer, Stormwater, and Water in this grouping. As highlighted in
prior quarterly projections, the Water Fund requires a budget amendment for increased
payments to Miami-Dade County for wholesale water and increased funding for renewal
and replacement, although partially offset by contingency savings. However, these
increased payments are offset by increased revenues from water sales to City customers.
ENTERPRISE FUNDS
Revenue Appropriation
Charges for Service
Total Revenue lncrease
Expenditure Appropriation
Payroll and Fringes
Operating Costs
Funded for Future Renewal & Replacement
Water Purchase
Operating Contingency
Internal Service Charges
Capital and Debt
Total Expenditure lncrease
Water
lNTERNAL SERVICE FUNDS FY 201011% BUDGET AMENDMENT
The City accounts for those goods and services provided by one department to other
departments citywide on a cost reimbursement basis. Central Services, Fleet
Management, Information Technology, Property Management, and Risk Management
(Self Insurance) are included in this grouping.
Despite absorbing the pension contribution increases as described above all Internal
Service Funds are anticipated to be under budget, except Central Services and Fleet
Management. Central Services is anticipated to have expenditures in excess of budget by
$28,709 of which $1,625 is due to additional pension contributions. The balance is due to
health and life insurance increases to more accurately reflect current costs, and increases
in contributions for "Other Post Employment Benefits" (OPEB) based on prior year
actuarial requirements. Fleet Management is anticipated to have expenditures in excess
of budget by $205,399 primarily due to increases in contributions for "Other Post
Employment Benefits" (OPEB) and increased fuel costs.
Second Amendment to the FY 201 011 1 General Fund Budget and First Amendment to the FY 201 011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 111 2 General Fund Budget and Special Revenue Budgets
Page 10
INTERNAL SERVICE FUNDS
Additional Revenue Appropriation
Interdepartmental Revenues
Total Revenue lncrease
Additional Expenditure Appropriation
Payroll and Fringes
Operating Costs
Internal Services
Depreciation
Capital & Debt
Total Expenditure lncrease
CENTRAL
SERVICES
FLEET
MANAGEMENT
RESORT TAX FUND FY 20"l/14 BUDGET AMENDMENT
The City's Resort Tax Fund is primarily supported by resort taxes collected pursuant to
Chapter 67-930 (Section 6) of the Laws of Florida, as amended, and Section 5.03 of the
City of Miami Beach Charter, as amended. This legislation authorizes the use of ~esort
taxes for the promotion of the tourist industry, which includes, but is not restricted to the
following: Publicity, advertising, news bureau, promotional events, convention bureau
activities, capital improvements and the maintenance of all physical assets in connection
therewith; and for the payment of the reasonable and necessary expenses of collecting,
handling and processing of said tax.
The City imposes a two percent tax on the rent of rooms in any hotel, motel, rooming
house or apartment house. This two percent tax is also levied upon the total sales price of
all food and beverages (including alcoholic beverages). In addition to funding collection of
the tax, contributions to the Miami Beach Visitor and Convention Authority, and the
Greater Miami Visitor and Convention's Bureau, the City has considered the following
services as "Services related to the promotion of tourism":
e Police officers serving entertainment areas
e A portion of fire rescue services from Fire Stations 1 &2
e Ocean rescue services
e Sidewalk pressure cleaning in south, middle and north beach visitor areas
South Beach sanitation
e Enhanced code compliance provided to respond to evening entertainment area
violations and staffing of special events
ss Other code compliance activities in tourism and visitor related facilitieslareas
Tourism and Culture Department and the Cultural Arts Council
ss Museums and Theatres (Garden Center, Bass Museum, Colony and Byron Carlyle
Theatres)
Golf courses (net of revenues)
as Memorial Day and other special event costs
Homeless services
July 4th, Visitor Center funding, Holiday Lights, Festival of the Arts, Jewish
Museum, MDPL, Orange Bowl, Monuments, etc.
Second Amendment to the FY 201 011 1 General Fund Budget and First Amendment to the FY 201 011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1/12 General Fund Budget and Special Revenue Budgets
Page 11
These allowable uses have led to increased tourist activities, such as special events, Art
Basel, and various concerts.
An additional one percent resort tax is levied on room rent. The proceeds of the
additional one percent (1%) tax are used as follows. Fifty percent of the amount earned is
committed to the payment of a portion of the debt service on the Miami Beach
Redevelopment Agency City Center1 Bonds. The remaining fifty percent is allocated
equally among North Beach, Middle Beach, and South Beach for capital projects that
enhance Miami Beach's tourist related areas and various arts and cultural programs.
Actual revenues from the additional one percent that exceed budget are automatically
allocated to these categories, and, therefore, any revenues collected in excess of budget,
result in expenditures in excess of budget, thereby requiring a budget amendment.
The Resort Tax Fund operating revenues, including both one percent and two percent
resort tax revenues, are in excess of budget by approximately $8.3 million and, as a result
certain expenditures which are based on a percent of revenues are projected to exceed
budget. The preliminary year-end actual expenditures are approximately $1.8 million
above budget, resulting is a surplus of $6.6 million.
I am, therefore, recommending that an additional $2 million transfer be made to the
General Fund consistent with the increased level funded for the FY 2011112 budget.
Further, revenues collected from the North Shore special assessment are deposited into
the 2 percent Resort Tax Fund. Per a reconciliation performed by the Finance
Department, the Resort Tax Fund has collected approximately $3.6 million in special
assessments from the North Shore district between 2003 and 201 1 and $4.4 million in
special assessments from the Lincoln Road district between 2003 and 201 1, of which
$616,315 should be transferred to the North Shore Community Area Improvements Project
and $550,671 should be transferred to the Lincoln Road Impro\/ements Fund to address
prior year deficits in those districts. I am therefore recommending that these additional
transfers be made also.
RESORT TAX FUND
Additional Revenue Appropriation
2% Resort Tax
1 % Resort Tax
Other Revenues
Total Revenue Increase
Additional Expenditure Appropriation
General Fund Contribution
Other Operatinglother Uses
Transfer to Service and Special Improvement Districts Funds
Contributions to VCA and GMCVB
Marketing
Contingency
2% Debt Service
1 % Debt Service
Transfer to Capital and the Arts (1%)
Total Expenditure Increase
Additional 2% Resort Tax Revenues (Surplus)
Second Amendment to the FY 2010111 General Fund Budget and First Amendment to the FY 201011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1112 General Fund Budget and Special Revenue Budgets
Page 12
The resulting recommended changes above result in a revised surplus of approximately
$3.4 million.
It is important to note that, as of September 30, 2010, the two percent Resort Tax Fund
had only $1.3 million in available funds, equivalent to approximately 4% of the operating
budget, and far short of the desired 17 percent goal. Therefore, I am recommending that
this $3.4 million remain in the Resort Tax Fund, thereby increasing the reserve in the
Resort Tax Fund to $4.7 million, or 15 percent, assuming no balance sheet changes.
FY 2011112 BUDGET AMENDMENT
Also, accompanying this agenda item is a separate resolution amending the General Fund
FY 201 1/12 budget to appropriate the $275,281 in encumbrances from FY 201011 1 that
are being carried forward to FY 201 1/12; to appropriate $426,704 for the items described
above so that these funds can be expended in FY 201 1/12; and to appropriate the
following balances for Special Revenue funds so that they can be expended in FY
201 1/12.
e $129,560 in Education Compact Funds appropriated in prior years to be used for
teacher development programs and fees to the International Baccalaureate
Organization.
a $6,335 in GreenISustainability Funds to educate and promote the City's
sustainability efforts. These funds were contributed in 2009 by businesses who
participated in the City's South Florida Green Lodging Workshop.
e $64,000 in Waste Hauler Additional Services and Public Benefit Contributions
Funds for sanitation related services including monthly "Wasteful Weekends" bulk
drop off site expenses, twice yearly hazardous waste drop-off site expenses, and
purchase of recycling containers.
The resolution also appropriates $77,344, and $307,069 in encumbrances for Enterprise
and Internal Revenue Funds, respectively, for goods and services procured in FY 201 011 1
that will not be received and expended until FY 201 1/12.
CONCLUSION
It should be noted that this actual is preliminary in nature due to the fact that the City's
financial records will not be closed until after the external auditors complete their review.
Historically, this occurs in April, with the City's Comprehensive Annual Financial Report
(CAFR) For the Year Ended September 30, 201 1, usually available in May and the
External Auditor's Report available in July. However, this analysis has considered all
year-end entries to date and, typically, any additional changes are minor in nature.
The resolution amending FY 201011 1 budgets will allow the second amendment to the
departmental appropriations within the General Fund, and the first amendment to the
Enterprise Funds, Internal Service Funds and Resort Tax Fund budgets to be enacted.
This action is necessary to comply with Florida Statutes which stipulate that we may not
expend more than our appropriations provide.
Second Amendment to the FY 201 011 1 General Fund Budget and First Amendment to the FY 201 011 1
Enterprise, Internal Service and Resort Tax Budgets
First Amendment to the FY 201 1/12 General Fund Budget and Special Revenue Budgets
Page 13
The resolution amending FY 201 1112 budgets will provide the authorization necessary for
departments to expend $275,281, $77,344 and $307,069 in General, Enterprise and
Internal Service Funds encumbrances, respectively from FY 201 011 1 for goods or services
which were procured but not received and expended as of September 30, 201 1. Further,
it re-appropriates $426,704 in FY 2011112 for General Fund items appropriated but not
expended or encumbered in FY 2010111 and $199,895 in Special Revenue Fund
appropriations.
RESOLUmON NO.
A RESOLUTION OF WE MAYOR AND CITY COMMVIBSSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING WE RECOMMENDATlggN OF THE
FINANCE AND CI IDE PROJECTS COMMITTEE AT ITS OCTOBER 27, 2011
MEETING, TO EXTEND THE CURRENT MANAGEMEN"$"AGREEMENT WITH
GREENSQUARE, ON A MONTH-TO-MONTH BASIS, UNTIE SUCH TIME AS THE
NEW FLAMlNGQ PARK TENNIS CENTER IS NEARING COMVIPLE"$IBN, AND
COORDiNATE THE ISSUANCE OF A TENNIS CENTER(S) OPEMTION AND
MANAGEMENT AGREER6lEN"lBEQlEEST FOR PROPOSALS (RFP) !I\% A MANNER
TO HAVE THE SELECEED OPERATOR lN PLACE TO COINCIDE WITH THE
GRAND OPENING OF THE NEW FLAMINGO PARK TENNIS CENTER FAClklW,
AND AUTHOWiEBNG THE ISSUANCE OF THE ABOVE REFERENCED REQUEST
FOR PROPOSALS, AS DESCRIBED.
WHEREAS, this matter was referred by the Mayor and Members of the City Commission to the
Finance and Citywide Projects Committee at the July 13, 201 I City Commission meeting; and
WHEREAS, the current Agreement with Greensquare Inc., for the management and operation
of the City's tennis centers, is due to expire in April, 2012, and it has been the Administration's intention
to issue a Request For Proposals (RFP) in a timely manner to avoid any break in operations or services
to the City's tennis-playing residents and guests; and
WHEREAS, the RFP is intended to secure a qualified professional management company for
the operation of the City's two (2) public tennis facilities, to include the operation at each facility of the
tennis courts; pro shop; a food and beverage concession; other tennis-related operations, as approved
by the City; and services also customarily associated with the operation of a public tennis center,
including permitted special events related to the tennis center activities; and
WHEREAS, the final price and terms would be negotiated after the City Commission approves
authorization to negotiate with the selected entity; the new management agreement is expected to be
for a three (3) year term, with two (2) one-year renewal options, at the City's option; and
WHEREAS, on October 27, 2011, the Finance and Citywide Projects Committee held a
discussion pertaining to the "Issuance of the Request For Proposals (RFP) for the Comprehensive
Professional Tennis Management and Operations Services at the City's Flamingo Park and North Shore
Park Tennis Centers"; and
WHEREAS, the Finance and Citywide Projects Committee was also informed that the Flamingo
Park Tennis Center construction plan anticipates phasing the work to ensure there are always banks of
courts available for play; and
WHEREAS, the Committee members recommended extending the current Agreement with
Greensquare on a month-to-month basis, until such time as the new Flamingo Park Tennis Center is
nearing completion and, at such time, coordinate the issuance of the new RFP in a manner to have the
selected operator in place to coincide with the grand opening of the new facility; and
Agenda Item 6? 7 C
Date 1-1 1-12
WHEREAS, following discussion of the issue at its October 27, 201 1 meeting, the Finance and
Citywide Projects Committee recommended that the RFP for the selection of the operator of the City's
tennis facilities be issued with sufficient time for the selected operator to be able to assume operations of
the tennis facilities concurrent with the opening of the renovated Flamingo Park Tennis Center; and
WHEREAS, as such, the Committee recommended the extension of the current Agreement
with Greensquare, Inc., on a month-to-month basis, until such time as the RFP process is complete.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND C!m COMMISSION OF THE CBm OF
MIAMI BEACH, FLORIDA, that Mayor and City Commission hereby accept the recommendation of the
Finance and Citywide Projects Committee at its October 27, 2011 meeting, to extend the current
Management Agreement with Greensquare, on a month-to-month basis, until such time as the new
Flamingo Park Tennis Center is nearing completion, and coordinate the issuance of a tennis center@)
operation and management agreement Request for Proposals (RFP) in a manner to have the selected
operator in place to coincide with the grand opening of the new Flamingo Park Tennis Center facility, and
authorizing the issuance of the above referenced Request For Proposals, as described.
PASSED AND ADOPEED this day of 201 2.
ATTEST:
MAYOR
APPROVED AS 9.0
FORM ds MNGUAGE
d FOH EXECUTION