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2010-27356 ResoRESOLUTION NO. 2010-27356 and funds; and A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL, AND INTERNAL SERVICE FUNDS BUDGETS FOR FISCAL YEAR (FY) 2008/09 TO APPROPRIATE PRIOR YEAR ENCUMBRANCES AND AMEND CERTAIN BUDGETS. WHEREAS, Florida Statutes prohibit the over expenditure of departmental budgets WHEREAS, the budget for the City Attorney, Building Development, and Community Services, as well as the Capital Investment & Upkeep Account reflect additional expenses in excess of budget that are offset by increased revenue and expenditure savings in other areas; and WHEREAS, the Administration has performed a detailed review and it is anticipated that the General Fund will have an overall operating budget surplus of $5.35 million; and WHEREAS, the City's financial policies adopted pursuant to Resolution 2006- 26341 and Resolution 2002-24764 require one time revenues (such as the year-end surplus) must be used for non-recurring expenses, and that at least half of each annual year-end surplus must be allocated to the City's Capital Reserve Fund; and WHEREAS, however, the City's Capital Reserve was established in FY 2005/06 at a time when the industry was at a peak, with project bids often coming in significantly higher than budgeted; today is a very different market, with construction bids being received significantly under project budgets; and the Capital Reserve has accumulated approximately $12 million in funding; and WHEREAS, the City has performed an updated analysis of building permit fee revenues and building department expenses pursuant to Florida Statute that requires that unexpended building fee revenues be carried forward to future year to fund allowable activities in enforcing the Florida Building Code, and this analysis has shown the carry forward balance to be $12.5 million through September 30, 2009 of which $4.5 million was funded in FY 2007/08, primarily due to the ongoing review of the application of building permit fee ordinance, and the implementation of new processes which required up-front and back-end disclosure of the actual cost of remodeling and square footage of new facilities, over the last three years, and the City needs to continue to increase funding in the building reserve with the $1.7 million in Building revenues net of Building expenditures received in FY 2008/09; and WHEREAS, as a result, it is recommended that the Commission waive the policy that requires that at least half of the FY 2008/09 year-end surplus be used to fund the City's Capital Reserve; and WHEREAS, it is recommended that the General Fund budget be increased by using the FY 2008/09 year-end $5.3 million surplus as follows $3.6 million to be set aside in a reserve for one-time/non-recurring expenses in the FY 2010/11 budget; and $1.7 million to a reserve for future Building Department needs; and WHEREAS, the Internal Service Fund Budgets of the Central Service and Risk Management Funds require an amendment; the Central Services Fund exceeded its budget by $49,126 and The Risk Management Fund exceeded its budget by $3,040,274 offset by charges to departments and use of retained earnings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the policy is waived for FY 2008/09 requiring that fifty percent of year-end surplus in the General Fund be used to increase funding in the City's Capital Reserve Account; and that the first amendment to the Fiscal Year 2008/09 General Fund and Internal Service Funds budgets is adopted as shown 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 (0.7227) Other Taxes Licenses and Permits Intergovernmental Charges for Services incl. Golf Courses Fines and Forfeits Interest Unrealized Gains/(Loss) -Investments Rents and Leases Miscellaneous Other- Resort Tax Other -Non-Operating SubTOtal Total Net of Unrealized Gains/(Loss) FY 2008/09 Changes in FY 2008!09 Adopted Rev/Exp Rec. Additional Amended Budget Appropriation Appropriation Budget $ 113,704,841 $ (2,920,546) $ 0 $ 110,784,295 10,014,389 0 0 10,014,389 2,218,974 0 0 2,218,974 98,981 0 0 98,981 24,001,750 1,685,916 0 25,687,666 14,807,042 4,797,083 0 19,604,125 10,001,420 (447,428) 0 9,553,992 10,937,981 (1,556,481) 0 9,381,500 2,075,000 (287,314) 0 1,787.686 6,310,000 (678,743) 0 5,631.257 0 2,317,283 0 2,317,283 4,483,002 401,213 0 4,884,215 7,685,555 (259,159) 0 7,426,396 21,865,440 0 0 21,865,440 7,162,550 5,958 0 7,168,508 $ 235,386,925 $ 3,057,782 $ 0 $ 238,424,707 $ 235,386,925 $ 740,499 $ 0 $ 236,107,424 FY 2008/09 Changes in FY 2006/09 Adopted RevlExp Rec. Additional Amended GENERAL FUND Budget Appropriation Appropriation Budget APPROPRIATIONS Department MAYOR&COMMISSION $ 1,461,678 (89,291) $ 0 $ 1,372,387 CITY MANAGER 2,351,552 (71,222) 0 2,280,330 Communications 1,084,579 (197,694) 0 886,885 BUDGET 8 PERFORMANCE IMPROVE 1,991,966 (212,953) 0 1,779,013 FINANCE 4.216,476 (123,742) 0 4,092,734 Procurement 919,616 (27,671) 0 891,945 HUMAN RESOURCES 1,868,568 (213,339) 0 1,655,229 CITY CLERK 1,561,692 (86,868) 0 1,474,824 CITY ATTORNEY 4,283,893 1,023,641 0 5,307,534 ECONOMIC DEVELOPMENT 901,374 (15,640) 0 885,734 BUILDING 8,990,621 429.022 0 9,419,643 PLANNING 3,127,421 (72,921) 0 3,054.500 TOURISM & CULTURAL DEVELOPMENT 2,968,414 (48,744) 0 2,919,670 CODE COMPLIANCE 4,237,038 (68,193) 0 4,168,845 COMMUNITY SERVICES 441,561 18,707 0 460,268 HOMELESS SERVICES 718,268 (92,187) 0 626,061 PARKS 8, RECREATION 31,045,463 (2,658,650) 0 28,386,813 PUBLIC WORKS 6,513,259 (42,971) 0 6,470,288 CAPITAL IMPROVEMENT PROJECTS 3,578,721 (366,899) 0 3,211,622 POLICE 80,798,978 (169,159) D 80,629,619 FIRE 49,790,544 (779,431) 0 49,011,113 Citywide Accounts-Other 11,463,991 (785,457) 0 10,678,534 Citywide Accounts-Normandy Shores 152,278 0 0 152,278 Sub Total General Fund $ 224,467,951 $ (4,651,662) $ 0 $ 219,816,289 Transfers Capital Reserve Fund $ 2,500,000 $ 0 $ 0 $ 2,500,000 Pay-As-You-Go Capital Fund 4,500,000 4,500,000 Capitallnvestment Upkeep Account 580,000 34,979 614,979 Info & Comm Technology Fund 1.100,000 1,100,000 Reserve Future Building Dept Needs 1,700,000 1,700,000 Reserve -Future Budget Shortfalls 0 3,657,182 3,657,182 GASB 45 Reserve-OPEB 0 0 CAPITAL RENEWAL & REPLACEMENT 2,218,974 0 2,218,974 Sub Total Transfers $ 10,898,974 $ 34,979 $ 5,357,182 $ 16,291,135 Total General Fund $ 235,366,925 E (4,616,683) $ 5,357,182 $ 236,107,424 FY 2008109 Changes in FY 2008/09 Adopted Rev/Exp Rec. Additional Amended Budget Appropriation Appropriation Budget ENTERPRISE FUNDS APPROPRIATIONS Convention Center $ 17,372,626 $ 0 $ 0 $ 17,372,626 Parking 31,013,618 0 0 31,013,618 Sanitation 15,605,411 0 0 15,605,411 Sewer Operations 31,247,506 0 0 31,247,506 Stormwater Operations 9,196,112 0 0 9,196,112 Water Operations 27,134,743 0 0 27,134,743 Total Enterprise Funds $ 131,570,016 $ 0 $ 0 $ 131,570,016 Total General and Enterprise Funds $ 366,936,941 $ (4,616,683) $ 5,357,182 $ 367,677,440 INTERNAL SREVICE FUNDS APPROPRIATIONS Central Services $ 855,411 $ 49,126 $ 0 $ 904,537 Fleet Management 8,704,379 0 0 8,704,379 Information Technology 13,799,605 0 0 13,799,605 Property Management 9,499,118 0 0 9,499,118 Risk Management 17,704,575 3,040,274 0 20,744,849 Total Internal Service Funds $ 50,563,088 $ 3,089,400 $ 0 $ 53,652,488 Passed and adopted this 10th day of March 2010. Mayor ATTEST: ~u~ ~~ ~ City Clerk APPROVED AS TO FORM & LANGUAGE 8-.FOR EXECUTION 3- 3' -b -->s8~-- ~- COMMISSION ITEM SUMMARY Condensed Title: A resolution to adopt the first amendment to the General and Internal Service Funds Budgets for Fiscal Year i (FY) 2008/09 to appropriate prior year encumbrances and amend certain budgets. mtenaea outcome Ensure expenditure trends are sustainable over the long term Improve the Citv's overall financial health and maintain overall bond rating Supporting Data (Surveys, Environmental Scan, etc.): • The City has performed an updated analysis of building permit fee revenues and building department expenses. Pursuant to Florida Statute, it is required that unexpended building fee revenues be carried forward to future years to fund allowable activities in enforcing the Florida Building Code. This analysis has shown the carry forward balance to be $12.5 million through September 30, 2009, ofwhich the city had set aside $4.5 million in a reserve as of September 30 2008, leaving a balance owed of $8 million. It is recommended that funding in the building reserve be increased with the $1.7 million in Building revenues net of Building expenditures received in FY 2008/09, with repayment of the remaining balance of $6.3 million owed to the Building Departmentfrom prioryears to be re-evaluated at the end of FY 2009/10. • The FY 2009/10 Adopted Budget is the third year of significant budget reductions by the City which cumulatively reflect a reduction of almost $50 million and 245 positions, and the FY 2010/11 budget is once again anticipated to be extremely challenging as we are anticipating further property value declines and further increases in pension costs. Working with an assumption of a 15 percent decline in property values between January 1, 2009 and January 1, 2010 (because that decline is similar to the decline in existing properties in the prior year) and a projected increases in pension costs, a preliminary budget gap of $30 million has been identified as a point of Issue: Whether to ado t the first amendment to the FY 2008/09 O eratin Bud ets? Item Summa /Recommendation: Three General Fund departments as well as the Capital Investment Upkeep Account have FY 2008/09 expenses in excess of appropriations thereby requiring budget amendments. The year-end surplus in the General Fund is estimated at $5.3 million, net of these impacts. On the expense side, impact of several pro-active initiatives by the City to reduce expenses below the adopted budget given the continued deterioration of economic conditions and the resulting impacts on the City's FY 2008/09 budget and for several years to come. 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. On the revenue side, there is an estimated surplus of $740,499 over the adopted budget of $235,366,925, a difference of 0.3% . This increased revenue was primarily due to increased telephone taxes (Other Taxes), increased building permit revenues (Licenses and Permits) and increased revenues from rents and leases (Rents and Leases). These increases were partially offset by reduced ad-valorem property taxes, intergovemmental,gnlf course revenues, miscellaneous revenue, and fines and forfeit revenues. These revenue differences were anticipated in the FY 2008/09 third quarter projections that were included in the Proposed FY 2009/10 Work Plan and Operating Budget. Our financial policies require one time revenues to be used fornon-recurring expenses, and at/eastha/fof each annual year-end surplus to be allocated to the Capital Reserve Fund. However, the City's Capital Reserve was established when the industry was at a peak, and project bids were often coming in significantly higher than budgeted. Today is a different market and the Capital Reserve has accumulated funding. As a result, it is recommended that the Commission waive the requirement that at least half of the FY 2008/09 year- end surplus be used to fund the City's Capital Reserve. Rather, it is recommended that the General Fund budget be increased by using the $5.3 million surplus as follows: $3.6 million to be set aside in a reserve forone- time/non-recurring expenses in the FY 2010/11 budget; and $1.7 million to a reserve forfuture Building Department needs. In the Internal Service Funds budgets, the Central Services Fund exceeded its budget by $49,126 and The Risk Management Fund exceeded its budget by $3,040,274 offset by charges to departments and use of retained earnin s. Financial Information: Sour of Amount Account Fun ~ $740,499 General Fund 2 $3,089,400 Internal Service Funds O PI Total $3,829,899 Finan ial Im act Summa Sinn-Offs: De rt nt Di or Assistant City Manager City Manager _~ O ~ MIAMI BEACH ~U AGENDA ITEM ~7 D DATE 3'I (~-!O m- MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibe°chfl.gov COMMISSION MEMORANDUM To: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 10, 2010 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL AND INTERNAL SERVICE FUNDS BUDGETS FOR FISCAL YEAR (FY) 2008/09 TO APPROPRIATE PRIOR YEAR ENCUMBRANCES AND AMEND CERTAIN BUDGETS. Adopt the Resolution amending the FY 2008/09 General Fund and Internal Service Funds Budgets, appropriating funds to cover prior year encumbrances, and amends certain department budgets. GENERAL FUND ANALYSIS The year-end budget to preliminary actual comparisons for General and Internal Service Funds are presented in the following pages. It shows that, overall, there will bean operating budget surplus of $5,357,182 (2.3%) in the General Fund. A summary of preliminary General Fund Revenues and Expenditures as of September 30, 2009 is as follows: Adopted 3rd Quarter Preliminary" Budget/ Budget Projection Actual/Enc Actual General Fund FY 2008/09 as of 06/30/09 as of 1/31/10 Over/(Under) Revenues $235,366,925 $236,369,089 $236,107,424 $ 740,499 Expenditures 235.366,925 231,850,522 230,750,242 (4,616,683) Surplus/(Deficit) $ 0 $ 4,518,567 $ 5,357,182 $ 5,357,182 Note: * Includes encumbrances and excludes $2.3 million in Unrealized Gains on Investments. This surplus is similar to the 3`d quarter projection for FY 2008/09 that was included in the FY 2009/10 Proposed Work Plan and Operating Budget distributed last August and reflect the impact of several pro-active initiatives by the City to reduce expenses below the adopted budget given the continued deterioration of economic conditions and the resulting impacts on the City's FY 2008/09 budget and for several years to come. 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. These initiatives resulted in the following savings to help offset revenue shortfalls: First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 2 • Approximately $1.5 million in savings was generated in the Parks and Recreation Department from the delayed opening and takeover of maintenance services from the contractor for South Pointe Park, through careful management of contracted landscaping cycles, as well as salary savings and savings across multiple operating accounts in the Recreation division. • Approximately $1.2 million was also generated from savings in expenditures at the City golf courses as a result of several cost savings measures introduced in response to reduced demand and corresponding reduced revenues at the golf courses. In addition, savings occurred because of the three month delay in opening of the newly renovated Normandy Shores Golf Club. Approximately $3.3 million in additional expenditures below budget across most departments primarily due to salary savings. These savings were offset by expenditures in excess of budget primarily due to the City Attorney's Office for outside legal counsel due to Federal Court litigation involving the City's effort to provide public access to the Flamingo Baywalk; and in the Building Department for process improvement initiatives recommended by the Watson Rice performance and organizational review and previously approved by the Commission. In addition, Community Services (service for elderly, youth, etc.) expended in excess of its budget by $18,707 or 4.2% primarily due to overtime which should be paid by grants; and Citywide Accounts transfers were in excess of budget by $34,979, less than 1 percent due to the carryover of encumbrances from FY 2007/08 to FY 2008/09. This resulted in net expenditure savings of approximately $4.6 million in the General Fund, approximately 2 percent. With the exception of the City Attorney's Office which increased from the 3ro quarter projection, and the Building and Parks and Recreation Departments which decreased from the 3`d quarter projection, the expenditures are very similar to those projected for FY 2008/09 as part of the information provided in Augustin the Proposed FY 2009/10 Work Plan and Operating Budget. On the revenue side, approximately $3 million in additional revenues are reflected in the City's financials, of which $2,317,283 area result of unrealized gains on investments reflected on the City's financials which have anon-cash impact for FY 2008/09, resulting in an actual surplus of $740,499 more than the adopted budget of $235,366,925, a difference of 0.3% from the adopted budget. 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 impacts as "unrealized gains or losses on investments" on the City's financials, even though there is no cash impact until the investments are actually liquidated in the future. Typically this has not had a significant impact on the City's financials. In the last year, however, the impact was significant, primarily due to the fluctuations in interest rates. This increased revenue was primarily due to increased telephone taxes (Other Taxes), increased building permit revenues (Licenses and Permits) and increased revenues from rents and leases (Rents and Leases). These increases were partially offset by reduced ad- valorem property taxes, intergovernmental, golf course revenues, miscellaneous revenue, and fines and forfeit revenues. These revenue differences were anticipated in the FY 2008/09 third quarter projections that were included in the Proposed FY 2009/10 Work Plan and Operating Budget, although building permit revenues increased further from the third quarter projection. First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 3 The City's financial policies adopted pursuant to Resolution 2006-26341 and Resolution 2002-24764 require one time revenues (such as the year-end surplus) mustbe used for non-recurring expenses, and that at least half of each annual year-end surplus must be allocated to the City's Capital Reserve Fund. However, the City's Capital Reserve was established in FY 2005/06 at a time when the industry was at a peak, and project bids were often coming in significantly higher than budgeted. Today is a very different market, with construction bids being received significantly under project budgets, and at the same time, the Capital Reserve has accumulated approximately $12 million in funding. As importantly, the City has performed an updated analysis of building permit fee revenues and building department expenses. Pursuant to Florida Statute, it is required that unexpended building fee revenues be carried forward to future years to fund allowable activities in enforcing the Florida Building Code. This analysis has shown the carryforward balance to be $12.5 million through September 30, 2009, of which the city has set aside $4.5 million in a reserve. This is primarily due to the ongoing review of the application of building permit fee ordinance, and the implementation of new processes which required up-front and back-end disclosure of the actual cost of remodeling and square footage of new facilities, over the last three years. The City needs to continue to increase funding in the building reserve with the $1.7 million in Building revenues net of Building expenditures received in FY 2008/09. While it is recognized that the remaining balance of $6.3 million owed to the Building Department from prior years should be repaid over a reasonable amount of time, given the significant challenges being faced for FY 2010/11, it is recommended that no funds be allocated at this time to reduce the $6.3 million, and ratherthe repayment schedule be re-evaluated at the end of FY 2009/10. The FY 2009/10 Adopted Budget is the third year of significant budget reductions by the City which cumulatively reflect a reduction of almost $50 million and 245 positions, and the FY 2010/11 budget is once again anticipated to be extremely challenging as we are anticipating further property value declines and further increases in pension costs. Working with an assumption of a 15 percent decline in property values between January 1, 2009 and January 1, 2010 (because that decline is similar to the decline in existing properties in the prior year) and a projected increases in pension costs, a preliminary budget gap of $30 million has been identified as a point of departure for FY 2010/11. In order to address a gap of such magnitude, we are looking at all available options including potential revenue enhancements, further efficiencies, and pension reform. However, there is also the possibility of potential further service reductions which could ultimately affect employees. As a result, it is recommended that the Commission waive the requirement that at least half of the FY 2008/09 year-end surplus be used to fund the City's Capital Reserve. Rather, it is recommended that the FY 2008/09 General Fund budget be amended by using the $5.35 million surplus as follows: • $1.7 million to a reserve for future Building Department needs, including offsetting of the discounted building fees adopted in FY 2009/10; and • $3.65 million to be set aside in a reserve for one-time/non-recurring expenses in the FY 2010/11 budget. It should be noted that, unlike prior years, this provides no additional funding from the estimated year-end surplus for the City's FY 2008/09 accrued liability for post-employment benefits (primarily retiree health insurance) pursuant to recently enacted reporting requirements of Governmental Accounting Standards Board standards (GASB 45). First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 4 Pursuant to the GASB 45 standard established in 2004, related to reporting of liabilities for benefits paid to retirees other than pensions (OPEB), the City is now required to recognize the liabilityfor OBEP benefits as incurred. However, it does not prescribe that these must be funded. In FY 2007/08 the Cityfullyfunded the annual liability. The total unfunded liabilityfor OPEB is estimated at $170,685,000 as of October 1, 2008. The annual cost for OPEB for FY 2008/09, as determined by the City's Consultant, Healthcare Analytics, a division of Gallagher Benefit Services, Inc., is $16,008,000, of which $7,571,000 was funded by payments to retirees, and $1,528,877 was funded from the Enterprise Funds, the Internal Revenue Funds, and Special Revenue Funds, thereby funding approximately60 percent of the annual cost. The balance of $6,908,123 is recommended to not be funded at this time. GENERAL FUND OPERATING REVENUES Significant revenue variances are as follows: 1. Ad Valorem Property Taxes -Year-end collections of $110,784,295 are 2.6% under the budget creating a net shortfall of $2,920,546. This is primarily due to higher than anticipated property value appeals and approved by Miami-Dade County. 2. Other Taxes -This category includes franchise and utility taxes on services which are sensitive to local economic indicators. Based on actual collections of $25,687,666, an excess of $1,685,916 or 7.0%, resulted at year-end. This is primarily due to an increase in revenues from taxes on phone service. 3. Licenses and Permits -This category includes licenses and building and special use permits. Based on actual collections of $19,604,125 an excess of $4,797,083, or 32.4%, resulted at year-end. Of this amount, $4.4 million is building permit related revenues primarily due to the ongoing review of the application of building permit fee ordinance, and the implementation of new processes which required upfront and back-end disclosure of the actual cost of remodeling and square footage of new facilities. 4. Intergovernmental -This category includes state-shared revenues such as cigarette, gas and sales taxes. Based on actual collections of $9,553,992, a shortfall of $447,428, or 4.5%, resulted at year-end. This is mainly due to a decrease in collections of taxes on sales due to the overall downturn in the economy. 5. Charges for Services -Golf Courses -This category includes fees collected at the Miami Beach and Normandy Shores Golf Courses. Based on actual collections of $4,925,718, a shortfall of $1,626,082, or 24.8%, resulted at year-end. This is primarily as a result of reduced demand due to the downturn in the economy, approximately two-thirds of which is offset by reduced expenses at the golf courses. 6. Charges for Services -Other -This category includes fees for copies, passports, fire rescue, and other recreational programs. Based on actual collections of $4,455,782, an excess of $69,601 resulted at year-end, a difference of less than 2% of budget. First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 5 7. Fines and Forfeits -This category includes traffic citations, and code and fire violation fees. Based on actual collections of $1,787,686, a shortfall of $287,314, or 13.8%, resulted at year-end. This is due to lower than anticipated revenues from traffic citations. 8. Interest -This category includes interest income from City investments. While the financials reflect interest revenues of $7,948,540, $2,317,283 are as a result of unrealized gains on investments reflected on the City's financials which are anon- cash impact in Fiscal Year 2008/09. Based on actual collections of $5,631,257, a shortfall of $678,743, or 10.8%, resulted at year-end. This is primarily due to lower than budgeted interest rates for long term investments. 9. Rents and Leases -This category includes rents and leases on City-owned facilities such as the Miami Beach Marina, Historic City Hall, and others. Projections indicate that year-end revenues will exceed budget by $401,213 or 8.9%. This is primarily due to revenues in excess of budget from the rental of the Miami Beach Marina, and the Penrod's lease agreement. 10. Miscellaneous -This category includes concessions, planning fees, and other reimbursements. Projections indicate that year-end revenues will be 3.4% below budget or $259,159, due primarily to lower than anticipated revenues as a result of savings in the CIP Department and therefore lower cost allocations to capital improvement projects. GENERAL FUND OPERATING EXPENDITURES Significant department savings and overexpenditures in excess of $300,000 by General Fund department are explained in the following pages. Significant Savings 1. Parks & Recreation Adopted 3rd Quarter Preliminary Budget/ Budget Projection Actual/Enc Actual FY 2008/09 as of 6/30/09 as of 1/31/10 Over/(Under) $23,881,553 $22,952,606 $22,398,381 $(1,483,172) The Parks & Recreation Department spent 94% of its budget, reflecting $1,483,172 below budgeted expenditures primarily due to the delayed opening and takeover of maintenance services from the contractor for South Pointe Park, through careful management of contracted landscaping cycles, as well as salary savings and savings across multiple operating accounts in the Recreation division. 2. Parks 8~ Recreation (Golf Courses) Adopted 3`d Quarter Preliminary Budget/ Budget Projection Actual/Enc Actual FY 2008/09 as of 6/30/09 as of 1/31/10 Over/(Under) $7,163,910 $6,004,739 $5,988,432 $(1,175,478) The Miami Beach and Normandy Shores Golf Courses spent less than 84% of its budget, reflecting $1,175,478 below budgeted expenditures primarily due to reduced First amendment to the FY 2008!09 General Fund and Internal Service Funds Budgets Page 6 expenses at the Miami Beach Golf Club which reflect the decline in visitor and group business as well as market conditions and the three month delay in opening of the newly renovated Normandy Shores Golf Club. 3. Capital Improvement Program (CIP) Office Adopted 3'~ Quarter Preliminary Budget/ Budget Projection Actual/Enc Actual FY 2008/09 as of 6/30/09 as of 1/31/10 Over/(Under) $3,578,721 $3,246,028 $3,211,822 $ (366,899) This department underspent its budget by $366,899 or 10% due primarily to salary savings from vacant positions. 4. Fire Adopted 3`d Quarter Preliminary Budget/ Budget Projection Actual/Enc Actual FY 2008/09 as of 6/30/09 as of 1/31/10 Over/(Under) $49,790,544 $49,040,608 $49,011,113 $ (779,431) The Fire Department expended approximately 98% of its budget and generated a year- end surplus in the amount of $779,431. This is primarily due to salary savings from vacant positions and due to turnover as higher salaried positions retired and were replaced by lower salaried positions. 5. Citywide Accounts-Other Adopted 3ro Quarter Preliminary* Budget/ Budget Projection Actual/Enc Actual FY 2008/09 as of 6/30/09 as of 1/31/10 Over/(Under) $11,463,991 $10,865,266 $10,678,534 $ (785,457) The Citywide Accounts-Other underspent its budget by $785,457or 6.9% due primarily to lower than anticipated Accumulated Leave Settlement payouts as well as not having to use various funds that were set aside for contingencies. Significant Overexaenditures 6. City Attorney's Office Adopted 3`d Quarter Preliminary Budget/ Budget Projection Actual/Enc Actual FY 2008/09 as of 6/30/09 as of 1/31/10 Over/(Under) $4,283,893 $ 4,802,893 $5,307,534 $ 1,023,641 The City's Attorney's Office expended in excess of its budget by approximately $1 million primarily due to outside legal counsel expenses. These outside legal expenses are primarily due to Federal Court litigation involving the City's effort to provide public access to the Flamingo Baywalk. First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 7 7. Building Department Adopted 3`d Quarter Preliminary Budget/ Budget Projection Actual/Enc Actual FY 2008/09 as of 6/30/09 as of 1/31/10 Over/(Under) $8,990,621 $9,869,641 $9,419,643 $ 429,022 Although approximately $450,000 less than the prior quarterly projections (LTC# 104-2009 LTC# 150-2009) and the FY 2008/09 projection presented in the FY 2009/10 Proposed Work Plan and Budget in August 2009, the Building Department has exceeded its budget due to ongoing process improvement initiatives discussed in those projections. These initiatives were among 24 recommendations byWatson Rice as part of their performance and organizational review of the Building Department between 2008 and 2009. Building Permit revenues in excess of budget ($4.4 million) are more than sufficient to offset these additional expenditures. Of the 24 initiatives recommended byWatson Rice, the following had an impact on the FY 2008/09 expenditures for the Building Department: o Central Records Automation o Space Reconfiguration* o Additional Training o Internal Controls (CCTV, GPS) *The space configuration project included reconfiguration for electronic plan review including the third floor area to move building inspectors, records management, creation of three additional plan review stations for improved customer service and reconfiguration of the lobby to be more customer friendly. GENERAL FUND BUDGET AMENDMENT Although the total General Fund expenditure is below budget, Florida Statutes prohibit the overexpenditure of departmental budgets and funds, a budget amendment is necessaryfor those departments which projections indicate will overexpend their appropriation, and to allow the appropriation for the additional transfers to the Building Operations Reserve and the FY 2010/11 Reserve for One-Time/Non-Recurring Expenditures. A summary of the resulting increases and decreases to revenues and expenditures and the resulting proposed amended operating budget for FY 2008/09 is provided in the following section. First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 8 FY 2008/09 Changes in FY 2008/09 Adopted Rev/Exp Rec. Additional Amended GENERAL FUND Budget Appropriation Appropriation Budget REVENUES OPERATING REVENUES Property Tax (5.5472) $ 113,704,841 $ (2,920,546) $ 0 $ 110,784,295 Property Tax (5.5472)-So Pt Costs 10,014,389 0 0 10,014,389 Property Tax(0.1083)-Capital R & R 2,218,974 0 0 2,218,974 Property Tax -Norm Shores (0.7227) 98,981 0 0 98,981 Other Taxes 24,001,750 1,685,916 0 25,687,666 Licenses and Permits 14,807,042 4,797,083 0 19,604,125 Intergovernmental 10,001,420 (447,428) 0 9,553.992 Charges for Services incl. Golf Courses 10,937,981 (1,556,481) 0 9,381,500 Fines and Forfeits 2,075,000 (287,314) 0 1,787,686 Interest 6,310,000 (678,743) 0 5,631,257 Unrealized Gains/(Loss)-Investments 0 2,317,283 0 2,317,283 Rents and Leases 4,483,002 401,213 0 4,884,215 Miscellaneous 7,685,555 (259,159) 0 7,426,396 Other- Resort Tax 21,865,440 0 0 21,865,440 Other-Non-Operating 7,162,550 5,958 0 7,168,508 SubTotal $ 235,366,925 $ 3,057,782 $ 0 $ 236,424,707 Total Net of Unrealized Gains/(Loss) $ 235,366,925 $ 740,499 $ 0 $ 236,107,424 APPROPRIATIONS Department MAYOR&COMMISSION $ 1,461,678 (89,291) $ 0 $ 1,372,387 CITY MANAGER 2,351,552 (71,222) 0 2,280,330 Communications 1,084,579 (197,694) 0 866,885 BUDGET & PERFORMANCE IMPROVE 1,991,966 (212,953) 0 1,779,013 FINANCE 4,216,476 (123,742) 0 4,092,734 Procurement 919,616 (27,671) 0 891,945 HUMAN RESOURCES 1,868,568 (213,339) 0 1,655,229 CITY CLERK 1,561,692 (86.868) 0 1,474,624 CITY ATTORNEY 4,283,893 1,023.641 0 5,307,534 ECONOMIC DEVELOPMENT 901,374 (15,640) 0 885,734 BUILDING 8,990,621 429,022 0 9,419,643 PLANNING 3,127,421 (72,921) 0 3,054,500 TOURISM & CULTURAL DEVELOPMENT 2,968,414 (48,744) 0 2,919,670 CODE COMPLIANCE 4,237,038 (68,193) 0 4,168,845 COMMUNITY SERVICES 441,561 18,707 0 460,268 HOMELESS SERVICES 718,268 (92,187) 0 626,081 PARKS & RECREATION 31,045,463 (2,658,650) 0 28,386,813 PUBLIC WORKS 6,513,259 (42,971) 0 6,470,288 CAPITAL IMPROVEMENT PROJECTS 3,578,721 (366,899) 0 3,211,822 POLICE 80,798,978 (169,159) 0 80,629,819 FIRE 49,790,544 (779,431) 0 49,011,113 Citywide Accounts-Other 11,463,991 (785,457) 0 10,678,534 Citywide Accounts-Normandy Shores 152,278 0 0 152,278 Sub Total General Fund $ 224,467,951 $ (4,651,662) $ 0 $ 219,816,289 First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 9 FY 2008!09 Changes in FY 2008109 Adopted Rev/Exp Rec. Additional Amended GENERAL FUND Budget Appropriation Appropriation Budget Transfers Capital Reserve Fund $ 2,500,000 $ 0 $ 0 $ 2,500,000 Pay-As-You-Go Capital Fund 4,500,000 4,500,000 Capital Investment Upkeep Account 580,000 34,979 614,979 Info & Comm Technology Fund 1,100,000 1,100,000 Reserve Future Building Dept Needs 1,700,000 1,700,000 Reserve -Future Budget Shortfalls 0 3,657,182 3,657,182 GASB 45 Reserve-OPEB 0 0 CAPITAL RENEWAL & REPLACEMENT 2,218,974 0 2,218,974 Sub Total Transfers $ 10,898,974 $ 34,979 $ 5,357,182 $ 16,291,135 Total General Fund $ 235,366,825 $ (4,616,683) $ 5,357,182 $ 236,107,424 ENTERPRISE FUNDS The City accounts for proprietary operations in Enterprise Funds. Convention Center, Parking, Sanitation, Sewer, Stormwater, and Water are included in this grouping. No amendments are anticipated for the Enterprise Funds at this time. We do not have preliminary numbers for the Convention Center Fund at this time. This information will be provided at a later date. INTERNAL SERVICE FUNDS 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. Based upon our review, the Information Technology, Property Management and Fleet Management Funds are projected to be under budget. However, it is necessary to amend the appropriations for the Central Services and Risk Management Funds which our year-end expenditure projections indicate will exceed their budget appropriation. The Central Services Fund exceeded its budget by $49,126 or 5.7% primarily due to higher than anticipated postage usage and their contribution to the OPEB Trust which had not been known at the time of the development of the FY 2008/09 budget. The Risk Management Fund exceeded its budget by $3,040,274 or 17.2% primarily due to higher than anticipated actuarial liability for claims incurred but not reported primarily related to Workman's Compensation. However, the increased operating expenditures are partially offset by increased interdepartmental charges. The remaining $734,761, funded by retained earnings results in increased non-cash deficit in the Risk Management fund related to these potential future claims. First amendment to the FY 2008/09 General Fund and Internal Service Funds Budgets Page 10 INTERNAL SERVICE FUNDS Central Services Fund Revenue Appropriation Interdepartmental Revenues $ 49,126 Total Revenue Increase $ 49,126 Expenditure Appropriation Payroll and Fringes $ 16,312 Operating Costs 30,827 Capital 1,987 Total Expenditure Increase $ 49,126 Risk Management Fund Revenue Appropriation Interdepartmental Charges $ 1,631,492 Other/Interest 674,021 Retained Eamings* 734,761 Total Revenue Increase $ 3,040,274 *Use of Retained earnings will increase the deficit in the fund related to claims incurred but not reported Expenditure Appropriation Payroll and Fringes $ (23,937) Operating Costs 3,064,211 Total Expenditure Increase $ 3,040,274 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, 2009, usually available in May. However, this analysis has considered all year-end closing entries to date and typically, any additional changes are minor in nature. The attached Resolution will allow the first amendment to departmental appropriations within the General Fund and Internal Service Funds Budgets to be enacted. This action is necessary to complywith Florida Statutes which stipulate thatwe may not expend more than our appropriations provide. JMG:KGB:JC