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20110914 Budget OCRMIAMIBEACH City Commission Meeting (Budget Related Items) City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 14,2011 Mayor Matti Herrera Bower Vice-Mayor Edward L. Tobin Commissioner Jorge Exposito Commissioner Michael G6ngora Commissioner Jerry Libbin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jorge M. Gonzalez City Attorney Jose Smith City Clerk Robert E. Parcher Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. BUDGET RELATED ITEMS R5 - Ordinances R5H An Ordinance Granting To Florida Power And Light Company, Its Successors And Assigns, An Electric Franchise Imposing Provisions And Conditions Relating Thereto, Providing For Monthly Payments To The City Of Miami Beach, And Providing For An Effective Date. First Readinq (Requested by the Budget Process) (Legislative Tracking: Public Works) R51 An Ordinance Amending Chapter 11 0 Of The Miami Beach City Code Entitled "Utilities," Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure Thereof;" Amending Division 2 Thereof, Entitled "Rates, Fees And Charges;" By Amending Appendix A, Entitled "Fee Schedule" To Increase The Sanitary Sewer Service Charges Imposed By The City Pursuant To Section 1 10-1 68 (a); Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by the Budget Process) (Legislative Tracking: Public Works) Budget Related Items, September 14, 201 1 R7 - Resolutions R7A1 A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 6.21 55 Mills For General Operating Purposes, Which Is Five And Three-Tenths Percent (5.3%) More Than The "Rolled-Back" Rate Of 5.9029 Mills; And 2) The Debt Service Millage Rate Of 0.2884 Mills; Further Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY) 201 1/12, On Tuesday, September 27, 201 1 At 5:01 p.m. 5:01 p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7A2 A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year 201 1/12 Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:01 p.m. 5:Ol p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget elated ltemk" book) R7B1 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood - - lmprovement District Adopting The Tentative Ad Valorem Millage Of 1.0935 Mills For Fiscal Year (FY) , 201 1/12 For The Normandy Shores Local Government District, Which Is Nine And Nine-Tenth Percent (9.9%) More Than The "Rolled-Backn Rate Of 0.9946 Mills Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:02 p.m. 5:02 p.m. First Readinn Public Hearing (Office of Budget & Performance improvement) (Item submitted in a separate "Budget Related Items" book) R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood lmprovement District Adopting The Tentative Operating Budget For Fiscal Year (FY) 201 1/12 Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:02 p.m. 5:02 p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) End of Budnet Related Items COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Granting to Florida Power and Light Company, its successors and assigns, an electric franchise imposing provisions and conditions relating thereto, providing for monthly payments to the City of Miami Beach, and providing for an effective date. Key Intended Outcome Supported: I Supporting Data (Surveys, Environmental Scan, etc.): Issue: Shall the City Commission approve the ordinance granting FPL a franchise agreement? Item Summary/Recommendation: The current thirty (30) year non-exclusive franchise agreement with FPL expires on January 22, 2012. 1 Since January, 201 I staff has been negotiating with FPL the terms and conditions of a new franchise agreement. An attached table provides a comparison between the terms and conditions of the current franchise agreement with those initially proposed by FPL, and the final negotiated terms and conditions. It should be highlighted that there are some significant gains that the City has made compared to the terms and conditions of the current agreement. The most significant are as follows: Most Favored Nation (MFN) Clause - If FPL enters into a franchise with any other city or county in Miami-Dade, Broward, or Palm Beach Counties offering a rate base greater that 6.0%, then, if City requests, FPL will match such rate for City. Additionally, since the Miami-Dade County franchise is coming up for renewal in the next decade, if the County negotiates a new franchise with more favorable terms and conditions, then the City can avail itself of those. Franchise Fee - The franchise fee remains the same at 6%. However, due to FPL deciding to no longer deduct property tax payments (approximately $1,041,983) but include uncollectibles (approximately $245,255) in the franchise fee calculation, the net increase to the City will be over $1,000,000 in additional revenue. Right-of-way (ROW) Restoration - Following FPL work within City ROWS, requires FPL, or its contractors, to post a cash security or bond to guarantee restoration work is completed in accordance with City standards and within a specified completion schedule. Indemnity - For the first time, FPL agreed to include the City's own indemnity language, which will better protect the City against liability. Right to Purchase Power from Others - For the first time, the City will have the right to purchase power from others, provided FPL has right to match the third party offer. Renewable Energy Purchases - For the first time, the City will have the right to purchase renewable electrical energy that is developed within City limits. As part of the annual budget review process, the terms and conditions of the proposed new FPL Franchise Agreement were discussed at the September 1, 201 1 meeting of the Finance and Citywide Projects Committee. The Committee directed the Administration to schedule and conduct a public workshop between the First and Second Reading of the proposed ordinance. The Administration recommends approving the Ordinance on First Reading; scheduling a public workshop between First and Second Reading; and scheduling a Second Reading Public Advisory Board Recommendation: I Finance and Citywide Projects Committee Financial Information: I Source of Amount Account I L I City Clerk's Office Legislative Tracking: 1 Fred H. Beckmann, P.E., Ext.6012 Funds: I. OBPl AMIBEACH 1 2 Total AGENDA lTEM 8 H BATE ?+%I/ Financial Impact Summary: NIA MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the Cit Commission 2 FROM: Jorge M. Gonzalez, City Manage FIRST READING DATE: September 14, 201 1 SUBJECT: AN ORDINANCE GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION - - The Administration recommends approving the Ordinance on First Reading; scheduling a public workshop between First and Second Reading; and scheduling a Second Reading Public Hearing. ANALYSIS The City's current thirty (30) year non-exclusive franchise agreement with FPL expires on ~anuary-22, 2012. Since January, 201 1, representatives of the city Manager and City Attorney's Office (with the assistance of specialized outside counsel) have been negotiating the terms and conditions of a new franchise agreement with FPL. The attached table provides a comparison between the terms and conditions of the current franchise agreement, with those initially proposed by FPL in January 2011, and the final negotiated terms and conditions. The City has made significant gains in the proposed new franchise agreement (when compared both to the terms of the existing franchise, and what was initially proposed by FPL). The most significant are as follows: Most Favored Nation (MFN) Clause - If FPL enters into a franchise with any other city or county in either Miami-Dade, Broward, or Palm Beach County offering a franchise rate greater than 6.0%, then, at City's request, FPL will match such rate for City. Additionally, since the Miami-Dade County franchise is coming up for renewal in the next decade, if the County negotiates a new franchise with more favorable terms and conditions (beyond just the rate) than the City's franchise agreement, then the City can also avail itself of those. Per FPL, this is the first time it has agreed to such an expanded MFN claim (among its 177 franchises). Franchise Fee - The franchise fee remains the same at 6%. However, due to FPL deciding to no longer deduct property tax payments (approximately $1,041,983) but include uncollectibles (approximately $245,255) in the franchise fee calculation, the net increase to the City will be over $1,000,000 in additional revenue. Commission Memorandum- FPL Franchise Agreement September 14,201 1 Page 2 of 3 Revenue Type Residential Commercial Industrial Total Revenue I Less: Uncollectibles I Net Revenue 6% of revenue Other payments by FPL: PermitslFees Property Taxes Franchise Fees Difference Current $59,989,154 84,245,585 112,193 $144,346,932 - .- I Franchise revenues and uncollectible amounts are actual 12 months ending June 201 I. Right-of-way (ROW) Restoration - The new franchise agreement requires FPL to remove or relocate its facilities if they unreasonably interfere with the safe, continuous use, maintenance, improvements, extension or expansion of a public road, or if FPL facilities interfere with reasonable egresslingress to abutting property. If FPL fails to perform the removal or relocation within thirty (30) days, then the City may proceed with removal or relocation and charge back to FPL. = If a City ROW is excavated, damaged, or impaired by FPL (or its contractors), the franchise agreement requires FPL to restore within a reasonable time. However, pursuant to subsequent discussions between the City's Public Works Department and FPL, the City has determined, and FPL has agreed, that it can require FPL (or its contractors) to post a bond or cash security as a condition of obtaining a use permit for doing work on the City's ROW. Indemnity - For the first time, FPL has agreed to include the City's indemnity language (rather than FPL's standard provision), which will better protect the City against liability. Right to Purchase Power from Others - Typically, all of FPL's franchises contain a "non- compete" clause, whereby the county or municipal government granting the franchise agrees not to sell or distribute electric capacity and/or electric energy to "retail customers1' (i.e. in competition with what FPL does). For the first time, however, the non-compete clause will contain certain exceptions, to the extent that the City will have the right to purchase power from others, provided FPL has the right to match the third party offer. Additionally, the City will also have the right to purchase and/or distribute power to serve its own facilities; to engage in wholesale transactions; and, of course, to utilize generators and/or other electricity or energy-generating equipment during emergencies. = Renewable Energy Purchases - One of the policy concerns going into negotiation of the new franchise was that the City wanted the opportunity, and certain flexibility, with regard to its ability to be able to avail itself of new technologies that may become available during the term of the new franchise agreement. Accordingly, for the first time, the City will have the right to purchase any technology recognized as "renewable electrical energy" under Commission Memorandum- FPL Franchise Agreement September 14,2011 Page 3 of 3 Florida State Statutes that is developed within City limits; or to have FPL distribute, to City facilities, renewable electrical energy that is developed within City limits. As part of the annual budget review process, the terms and conditions of the proposed new franchise agreement were discussed at the September 1, 201 1 meeting of the Finance and Citywide Projects Committee. Due, in part, to the thirty (30) year term of the new franchise agreement, the Committee directed the Administration to schedule and conduct a public workshop between the First and Second Readings of the proposed Ordinance. Conclusion Based on the favorable negotiated terms and conditions, the Administration recommends approving the Ordinance on First Reading; scheduling a public workshop between First and Second Reading; and scheduling a Second Reading Public Hearing. Attachments: Attachment 1 : Table - FPL Franchise Agreement Overview JMGIDRBIFHB T:WGENDA\2011\9-14-1 I\FPL Franchise Agreernent.doc FPL FRANCHISE AGREEMENT OVERVIEW T:\AGENDA\2011\9-14-11\FPL Franchise Agreement - Attachment 1 - 2011-09-14 Cornrn. Memo 10f3 FINAL NEGOTIATED TERMS 30 Non-exclusive FPL's above grade facilities must be consistent with the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways 1) If City requires removal or relocation of FPL facilities because they unreasonably interfere with the safe, continuous use, maintenance, improvement, extension or expansion of a public "road" (as defined under Florida Transportation Code), or if facilities unreasonably interfere with reasonable egresslingress to abutting property, and FPL fails to remove or relocate at its expense within 30 days, then City may proceed with removal I relocation and charge back to FPL. 2) If ROW is excavated, damaged, or impaired by FPL (or one of its contractors) performing work on FPL facilities, FPL (or contractor) required to restore within a reasonable time. 3) HOWEVER, as to #2 above, upon further research, City has determined that FPL (or its contractors) are not exempt from bonding requirements. Accordingly, in order to ensure that future excavation work does not interfere with timely restoration of ROW following such work, City has put FPL on notice that, pursuant to existing City Code requirements, City may require FPL (or its contractors) to post cash security (or bond) in order to guarantee restoration of ROW following excavation work. City successfully negotiated inclusion of its own indemnity language, which protects City from liability for accident, injury or damage resulting from FPL's construction, installation, maintenance, etc. of its facilities. FPL also required to indemnify 1 hold City harmless from I against liability loss, costs, damages. Indemnification also includes attorney's fees incurred by City in defending third party claims. lndemnity provision also survives expiration or termination of franchise agreement. NEW FRANCHISE (As originally proposed by FPL) 30 Non-exclusive None Within a reasonable time FPL's standard indemnity language ITEM Term (Years) TY Pe Installation Standards ROW Restoration Following FPL Work Indemnity CURRENT 30 Non-exclusive None Within a reasonable time FPL's standard indemnity language T:VIGENDA\2011\9-14-11\FPL Franchise Agreement - Attachment 1 - 2011-09-14 Comm. Memo FINAL NEGOTIATED TERMS Remains the same at 6%. However, due to FPL deciding to no longer deduct property tax payments (approximately $1,041,983) but include uncollectibles (approximately $245,255) in the franchise fee calculation, the net increase to the City will be over $1,000,000 in additional revenue. In addition to proposed terms, expanded exceptions to City's Non- Compete Clause to exclude and therefore allouCity to: 1) Utilize generators andlor other electricity or energy generating equipment during emergencies; 2) Exempt City from definition of "retail customer", which means that City can distribute electrical capacity I electrical energy, or can obligate FPL to distribute electrical capacity I electrical energy generated by City, to other City facilities. Permitted (no change) 1) City can purchase renewable electrical energy (i.e. recognized and defined as renewable technology under Section 377.803 or 366.91, Florida Statutes) that is developed within City limits; or have FPL transmit andlor distribute to City facilities renewable energy produced within City limits and purchased from third parties. 2) If City issues a bid, RFP, RFQ, etc. for renewable energy, FPL has right, but not obligation, to submit bidlproposal. 3) FPL agrees that it will not initiate territorial complaint or dispute against any supplier of renewable energy with which City contracts. Yes. If FPL enters into a franchise with any other city or county in Miami- Dade, Broward, or Palm Beach Counties offering a rate base greater that 6.0%, then, if City requests, FPL will match such rate for City. Additionally, since the Miami-Dade County franchise is coming up for renewal in the next decade, if the County negotiates a new franchise with more favorable terms and conditions, then the City can avail itself of those. NEW FRANCHISE (As originally proposed by FPL) 5.9% Only permits City to engage with other utilities or persons in "wholesale transactions" subject to Federal Power Act. Permitted; provided FPL has right to match the third party's offer within 90 days. If FPL elects not to, City can consummate purchase with third party and franchise stays in effect. No ITEM Franchise Fee Exceptions to City's Non-Compete Clause (i.e. City can't distributelsell electr!cal power to FPL's retall customers in competition with FPL) City's Right to Purchase Power from Others Renewable Energy Purchases Most Favored Nation Clause CURRENT 6.0% City will not engage in the business of distributing and selling electricity during the life of this franchise. No No No Opting Out (by FPL) T:\AGENDA\2011\9-14-11\FPL Franchise Agreement - Attachment 1 - 2011-09-14 Comm. Memo 30f3 FINAL NEGOTIATED TERMS FPL to provide, with each payment, a statement of its gross revenues, against which the franchise fee is calculated. If the City grants a right, privilege or franchise to construct, operate or maintain electric power facilities within areas in which FPL may serve, and if FPL determines that those terms are materially more favorable than the Franchise Agreement, FPL shall give the City at least 180 days advance written notice of its intent to terminate, and if, following negotiations, those terms and conditions are not remedied within 120 days by the City, FPL may terminate the Franchise Agreement by delivering written notice to the City Clerk. 1) Section affirming City's position in favor of undergrounding utilities; 2) Section affirminglpromoting meters using "smart grid technology", and providing that if FPL implements this technology, it will use best efforts to provide it to its retail customers in the City; 3) FPL received Florida Public Service Commission (PSC) approval for, and will proceed to implement, a plan which includes strengthening feeders delivering power to critical infrastructure facilities, including those located within City limit. NEW FRANCHISE (As originally proposed by FPL) N.A. If the City grants a right, privilege or franchise to construct, operate or maintain electric power facilities within areas in which FPL may serve, and if FPL determines that those terms are materially more favorable than the Franchise Agreement, FPL shall give the City at least 60 days advance written notice of its intent to terminate, and if, following negotiations, those terms and conditions are not remedied within 60 days by the City, FPL may terminate the Franchise Agreement by delivering written notice to the City Clerk. ITEM Auditing of Payment Records Additional (New) Sections included as a result of City's negotiations CURRENT N.A. N.A. ORDINANCE NO. AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CIN OF MIAMI BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is currently in effect a franchise agreement between the City of Miami Beach ("City") and Florida Power & Light Company ("FPL"), the terms of which are set forth in City of Miami Beach Ordinance No. 82-2294, passed and adopted January 20, 1982, and FPL's written acceptance thereof dated January 22, 1982, granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise AgreementJ'); and WHEREAS, FPL and the City desire to enter into a new agreement ("New Franchise Agreement") providing for the payment of fees to the City in exchange for the non-exclusive right and privilege of supplying electricity and other electricity-related services within the City of Miami Beach free of competition from the City of Miami Beach, pursuant to certain terms and conditions; and WHEREAS, the City Commission deems it to be in the best interest of the City of Miami Beach and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of thirty (30) years from the effective date hereof, the non-exclusive right, privilege, and franchise (hereinafter called "Franchise") to construct, operate, and maintain in, under, upon, along, over, and across the present and future roads, streets, alleys, bridges, easements, and rights-of-way (hereinafter called "Public Rights-of-way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Miami Beach, Florida, and its successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying retail electricity service and other electricity-related services incidental thereto (which other electricity-related services are defined as FPLJs facility-to-facility data capabilities over the lines to identify faults, load information, and other data necessary or helpful to the provision of electric service, and which do not include any services that are sold to others) to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2(a). The facilities of the Grantee shall be so located, re-located, installed, constructed, and erected as to not unreasonably interfere with the convenient, safe, continuous use, or with the maintenance, improvement, extension or expansion of any public "road," as defined under the Florida Transportation Code, nor unreasonably interfere with reasonable egress from and ingress to abutting property. (b) To minimize such conflicts with the standards set forth in subsection (a) above, the location, relocation, installation, construction, or erection of all facilities shall be made as representatives of the Grantor may prescribe in accordance with all applicable federal, state, and local statutes, laws, ordinances, rules, and regulations, and pursuant to Grantor's valid rules and regulations with respect to utilities1 use of Public Rights-of-way relative to the placing and maintaining in, under, upon, along, over, and across said Public Rights-of-way, provided that such rules and regulations shall be (i) for a valid municipal purpose; (ii) shall not prohibit the exercise of Grantee's rights to use said Public Rights-of-way for reasons other than conflict with the standards set forth above; (iii) shall not unreasonably interfere with Grantee's ability to furnish reasonably sufficient, adequate, and efficient electric service to all its customers while not conflicting with the standards set forth above; or (iv) shall not require relocation of any of the Grantee's facilities installed before or after the effective date hereof in any Public Rights-of-way unless or until the facilities unreasonably interfere with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such Public Rights-of-way. (c) Such rules and regulations shall recognize that above-grade facilities of the Grantee installed after the effective date hereof should, unless otherwise permitted, be installed near the outer boundaries of the Public Rights-of-way to the extent possible, and such installation shall be consistent with the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, as same may be amended from time to time. (d) When any portion of a Public Right-of-way is excavated, damaged, or impaired by Grantee, or any of its agents, contractors or subcontractors, because of the installation, inspection, or repair of any of its facilities, the portion of the Public Right-of- Way so excavated, damaged, or impaired shall, within a reasonable time and as early as practicable after such excavation, damage, or impairment, be restored to its original condition before such excavation, damage, or impairment by the Grantee at its expense. (e) The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's facilities required under this Section, except, however, the Grantee may be entitled to reimbursement of its costs from others and as may be provided by law. (f) In the event the Grantor requires removal or relocation of Grantee's facilities because the facilities unreasonably interfere with the standards set forth in subsection (a) hereof, and Grantee fails to remove or relocate such facilities at Grantee's expense within thirty (30) days after written notice from Grantor, then Grantor may proceed to cause the facilities to be removed or relocated and the expense therefore shall be charged against the Grantee. Section 3. The Grantor shall in no way be liable or responsible for any accident, injury, or damage, whether to persons or property, that may occur in the construction, installation, location, relocation, reconstruction, maintenance, repair, or operation by Grantee of its facilities hereunder. Accordingly, acceptance of this New Franchise Agreement by Grantee shall be deemed an agreement on the part of the Grantee to indemnify and hold harmless Grantor, and its officers, employees, agents, servants, contractors, or subcontractors, from and against any and all liability, loss, costs, damages, attorneys' fees, or expenses (including, without limitation, those for or related to any accident, injury, personal injury, wrongful death, or other damage to persons or property), including Grantor's reasonable attorneys1 fees and costs incurred in defending itself against any claims for such liabilities, losses, costs, damages, or expenses asserted against Grantor by others which may accrue to or be incurred by or charged or sought against Grantor, or any of its officers, employees, agents, servants, contractors, or subcontractors, by reason of construction, installation, location, relocation, reconstruction, maintenance, repair, or operation of Grantee's facilities, or by any acts or omissions of negligence, gross negligence or intentional torts, default, or misconduct of the Grantee, or any of its officers, directors, agents, servants, employees, contractors, or subcontractors. The indemnity hereunder shall include not only the reasonable costs, expenses, and attorneys1 fees incurred by the Grantor in defense of any third party's claim (prior to and during all phases of litigation, including trial and post-trial and appellate proceedings), but shall also include the reasonable costs, expenses, and attorneys' fees incurred by the Grantor in the event it must enforce the terms of this indemnity prior to and during all litigation, including trial, post-trial, and appellate proceedings. This indemnity shall survive expiration or other termination of this New Franchise Agreement. Section 4. All rates and rules and regulations established by the Grantee from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this Franchise, the Grantee shall pay to the Grantor, commencing ninety (90) days after the effective date hereof, and each month thereafter for the remainder of the term of this Franchise, an amount which when added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations, and against the property, business, or operations of the Grantee's subsidiaries that are directly involved in supplying electricity and other electricity-related services as defined in Section 1 of this New Franchise Agreement, during the Grantee's monthly billing period ending sixty (60) days prior to each such payment, will equal 6.0 percent (six percent) of the Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial, and industrial customers (as such customers are defined by Grantee's tariff) within the incorporated areas of the Grantor for the monthly billing period ending sixty (60) days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 6.0 percent of such revenues for any monthly billing period of the Grantee. The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the Current Franchise Agreement, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (9 Late Payment Charges as described in Grantee's tariff; (g) Field Collection Charges as described in Grantee's tariff; (h) other service charges permissible under Grantee's tariff. Section 6. As a further consideration, during the term of this Franchise, the Grantor agrees: (a) not to engage in the distribution andlor sale, in competition with the Grantee, of electric capacity andlor electric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retail customer formerly served by the Grantee; and (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit andlor distribute, electric capacity andlor electric energy from any third party(ies) to any other retail customer's facility(ies); provided, however, that the Grantor shall not be considered a "third party" or an "other retail customer" for purposes of this provision. Nothing specified herein shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act, or from utilizing generators andlor other electricity or energy-generating equipment during emergency situations. Nothing specified herein is intended to restrict the Grantor from providing services other than retail electricity service, which is the subject of the Grantor's agreement not to compete set forth in this paragraph. Nothing specified herein shall prohibit the Grantor, if permitted by law: (i) from purchasing electric capacity andlor electric energy from any other person or utility; or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or electric energy purchased by the Grantor from any other person or utility in compliance with applicable laws and regulations; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person or utility, the Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates, terms and conditions that have been offered by the other person or utility and identify the Grantor's facility(ies) to be served under the offer. The Grantee shall thereafter have ninety (90) days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the other person or utility, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously-identified facility(ies) of the Grantor for a term no shorter than that offered by the other person or utility. If, within such ninety (90) day period, the Grantee does not offer rates, terms and conditions that are equal to or better than those offered by the other person or utility, then the Grantor shall be free to consummate such purchase transaction with such other person or utility, and all of the terms and conditions of this Franchise shall remain in effect. Nothing herein shall prohibit the Grantor: (i) from purchasing renewable electric energy, which may include either or both of electric capacity or electric energy that is produced within Grantor's corporate limits using any technology recognized as renewable under Section 377.803 or Section 366.91, Florida Statutes (as same may be amended from time to time), or any applicable successor statute(s) that defines renewable energy, from any other person or utility in compliance with applicable laws and regulations; or (ii) from seeking to have the Grantee transmit andlor distribute to any facility(ies) of the Grantor renewable electric energy produced within the corporate limits of the Grantor and purchased by the Grantor from any other person or utility in compliance with applicable laws and regulations; provided, however, that if Grantor seeks to purchase such renewable energy from any other person or utility by conducting a competitive solicitation process for the provision of such renewable energy, then the Grantee shall have the right, but not the obligation, to participate in such competitive solicitation process on the same basis, under the same terms and conditions, and with the same opportunity to be awarded the contract to provide the renewable energy sought by the City, as any and all other proposers or bidders participating in the process. All of the terms and conditions of this Franchise shall remain in effect without regard to whether the Grantee, or any other vendor, is awarded the contract to provide renewable energy to the Grantor, provided the Grantor awards the contract pursuant to its competitive solicitation process, or alternatively awards the contract in accordance with Section 2-367 of the Code of the City of Miami Beach (as same may be amended from time to time) or any successor ordinance(s) without going through the competitive solicitation process. Grantee agrees that it will not initiate any territorial complaint or territorial dispute litigation against any supplier of renewable energy with which the Grantor contracts following such competitive procurement process or following the award of the contract without going through the competitive solicitation process in accordance with Section 2-367 of the Code of the City of Miami Beach or any successor ordinance(s). Section 7. If during the term of this New Franchise Agreement the Grantee enters into a franchise agreement with any other municipality or county government located in Miami-Dade County, Broward County, or Palm Beach County, Florida, the terms of which provide for the payment of franchise fees by the Grantee at a rate greater than 6.0 percent of the Grantee's residential, commercial and industrial revenues (as such customers are defined by Grantee's tariff), under the same terms and conditions as specified in Section 5 hereof, then the Grantee, upon written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor in which the percentage to be used in calculating monthly payments under Section 5, using the same terms and conditions as specified in Section 5 hereof, shall be the greater rate provided to the other Miami-Dade County, Broward County, or Palm Beach County, Florida municipality or county; provided, however, that if the franchise with such other Miami-Dade County, Broward County, or Palm Beach County, Florida municipality or county contains additional benefits given to Grantee in exchange for the increased franchise rate, and such additional benefits are not contained within this New Franchise Agreement, then Grantee shall have the sole discretion to include within such new franchise agreement with Grantor the additional benefits found within the triggering franchise (i.e., the franchise that triggers the operation of this Most Favored Nations provision) which Grantee may choose to include in the new franchise agreement with Grantor. In addition to the foregoing, if during the term of this New Franchise Agreement the Grantee enters into a franchise agreement with Miami-Dade County on terms and conditions that the Grantor reasonably determines are materially more favorable to Miami- Dade County than the terms and conditions contained herein, then the Grantee, upon written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor that contains the terms and conditions that the Grantor has identified in the Miami-Dade County franchise as being materially more favorable to Miami-Dade County; provided, however, that if the franchise with Miami-Dade County contains additional benefits given to Grantee in exchange for the materially more favorable terms and conditions, and such additional benefits are not contained within this New Franchise Agreement, then Grantee shall have the sole discretion to include within such new franchise agreement with Grantor the additional benefits found within the triggering franchise (i.e., the Miami-Dade County franchise that triggers the operation of this Most Favored Nations provision) which Grantee may choose to include in the new franchise agreement with Grantor. Section %.If the Grantor grants a right, privilege or franchise to any other person or utility or otherwise enables any other such person or utility to construct, operate, or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee reasonably determines are materially more favorable than the terms and conditions contained herein, the Grantee may at any time thereafter terminate this Franchise Agreement if such terms and conditions are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 180 days advance written notice of its intent to terminate, and the Grantor and Grantee agree to negotiate in good faith toward a mutually acceptable resolution of Grantee's claimed disadvantage during this I80 day period. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers materially more favorable. The Grantor shall then have 120 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee reasonably determines that such terms and conditions are not remedied by the Grantor within said time period, the Grantee may terminate this Franchise Agreement by delivering written notice to the Grantor's Clerk and termination shall be effective on the date of delivery of such notice. Nothing contained herein shall be construed as constraining Grantor's rights to legally challenge at any time Grantee's determination of "materially more favorable" terms or conditions" leading to-termination under this Section. Section 9.lf as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them), any person or utility is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee reasonably determines that its obligations hereunder, or otherwise resulting from this Franchise in respect to rates and service, place it at a material competitive disadvantage with respect to such other or utility person, the Grantee may, at any time after the taking of such action, terminate this Franchise Agreement if such material competitive disadvantage is not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 120 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted in the material competitive disadvantage. The Grantor shall then have 120 days in which to correct or otherwise remedy the material competitive disadvantage, and the Grantor and Grantee agree to negotiate in good faith toward a mutually acceptable resolution of Grantee's claimed disadvantage during this 120 day period. If such material competitive disadvantage is, in the reasonable determination of Grantee, not remedied by the Grantor within said time period, and if no mutually acceptable resolution of the matter is reached through negotiation, the Grantee may terminate this Franchise Agreement by delivering written notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice. Nothing contained herein shall be construed as constraining Grantor's rights to legally challenge at any time Grantee's determination of "material competitive disadvantage" leading to termination under this Section. Section 10. Failure on the part of the Grantee to comply in any material respect with any of the provisions of this Franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a material respect with any of the provisions of this Franchise, and the Grantee shall have six (6) months after such final determination to make good the default before a forfeiture shall result, with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. Section 11. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this Franchise, including but not limited to: (a) denying the Grantee use of Public Rights-of-way for reasons other than as set forth in Section 2 hereof; (b) imposing conditions for use of Public Rights-of-way contrary to Florida law or the terms and conditions of this Franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in Public Rights-of-way, shall constitute breach of this Franchise and entitle the Grantee to withhold such portion of the payments provided for in Section 5 hereof as a court of competent jurisdiction has, upon action instituted by Grantee, determined to be equitable, just, and reasonable, considering the totality of the circumstances, until such time as a use permit is issued, or a court of competent jurisdiction has reached a final determination (after the expiration or exhaustion of all rights of appeal) in the matter. The Grantor recognizes and agrees that nothing in this New Franchise Agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such right as provided by law. The Grantee recognizes and agrees that nothing in this New Franchise Agreement constitutes or shall be deemed to constitute a waiver of the Grantor's delegated sovereign right of condemnation and that the Grantor, in its sole discretion, may exercise such right as provided by law, provided that the Grantor shall not exercise such right so as to violate the Grantor's covenant, set forth in Section 6 hereof, not to compete against the Grantee in the distribution andlor sale of electricity to retail customers. Section 12. The Grantor may, at its option, upon reasonable notice to Grantee, within 180 days after each anniversary date of this Franchise, at the sole expense of Grantor, examine the books and records of Grantee as such books and records relate to the calculation of the franchise fee payment to the Grantor for the calendar year preceding such anniversary date. Grantee shall use a system of accounts and form of materials as prescribed by applicable law or regulation. Grantee shall attach to each payment to Grantor a statement of its gross revenues against which the franchise fee is to be calculated as to all residential, commercial, and industrial accounts. Acceptance of payment by Grantor shall not stop Grantor from asserting that the amount paid is not the amount due. Grantee shall make available for review all accounts and records of Grantee that Grantor may reasonably request or require relative to calculating the franchise fee. Such examination of books and records of Grantee by Grantor shall be made during the regular business hours of the Grantee at the general office of the Grantee. Records not prepared by the Grantee in the ordinary course of its business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Additionally, where copies of Grantee's records may be properly obtained by Grantor for purposes of this Section, said copies will be made at the Grantor's expense. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. Records shall be retained by Grantee for a period of five (5) years. The provisions of this Section shall survive termination of this New Franchise Agreement. Notwithstanding the preceding paragraph, Grantor shall have one (1) year following the expiration of the Current Franchise Agreement within which to conduct the examination and audit contemplated by this Section, as to such Agreement; such examination and audit to cover the last three (3) years of the Current Franchise Agreement. Section 13. Notwithstanding any provision of this New Franchise Agreement, nothing herein shall prevent, prohibit, or in any way restrict the Grantor's ability to take advantage of all applicable services set forth in Grantee's tariffs as those tariffs are approved from time-to-time by Grantee's regulators, and nothing herein shall prevent, prohibit, or in any way restrict the Grantor's ability to avail itself of all rights accruing to Grantor as a retail customer of Grantee under Florida law and the rules and regulations of the Florida Public Service Commission. Section 14. Should any section or provision of this New Franchise Agreement or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. Section 15. Grantee understands and acknowledges that Grantor's policies strongly favor undergrounding of utilities and improvement of safety and aesthetics. Grantee has filed a tariff and has adopted a Mechanism for Governmental Recovery of Undergrounding Fees (MGRUF), along with other undergrounding tariffs. Requests made by Grantor for undergrounding shall by implemented by Grantee in accordance with the applicable tariffs in effect on the date of Grantor's request. Section 16. Grantee acknowledges that Grantor's policies strongly favor the widespread dissemination of meters featuring "smart grid technology" which utilize an interactive monitoring network capable of providing real time electrical energy usage information to both Grantee and Grantee's retail customers via an advanced, two-way communication device. If this technology is implemented by Grantee, Grantee shall utilize its best practicable efforts to provide such technology to retail customers located in the incorporated area of Grantor consistent with good and prudent utility practice. Section 17. Grantee understands and acknowledges that Grantor's policies strongly favor strengthening electric utility infrastructure. Grantee has filed and received Florida Public Service Commission (FPSC) approval for a plan which includes strengthening feeders delivering power to critical infrastructure facilities, including feeders located within the Grantor's boundaries. Subject to continued FPSC or regulatory approval, Grantee will implement its infrastructure hardening plan within the Grantor's boundaries. Section 18. Grantor acknowledges it is fully informed concerning the existing franchise granted by Miami-Dade County, Florida, to the Grantee herein, and accepted by the Grantee as set out in Ordinance No. 60-16, adopted on May 3, 1960, and subsequently renewed and accepted by the Grantee as set out in Ordinance No. 89-81, adopted on September 5, 1989 by the Board of County Commissioners of Miami-Dade County, Florida. Grantor agrees to indemnify and hold Grantee harmless against any and all liability, loss, cost, damage and expense incurred by Grantee in respect to any claim asserted by Miami-Dade County against Grantee arising out of the franchise set out in the above referenced ordinances for the recovery of any sums of money paid by Grantee to Grantor under the terms of this New Franchise Agreement. Grantee acknowledges and Grantor hereby relies on the Dade County Resolution No. R-709-78, adopted on June 20, 1978, in the granting of this Franchise. Section 19. As used herein, "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other legal entity of any nature whatsoever. Section 20. Ordinance No. 82-2294, passed and adopted January 20, 1982 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are hereby repealed. Section 21. As a condition precedent to the taking effect of this Ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this Ordinance. Upon Grantee's filing of such acceptance, Grantor and Grantee hereby agree and acknowledge that the effective date of this Ordinance shall be October 3, 201 1, provided that the Ordinance has passed on first and second reading on or before October 3,201 1. PASSED on first reading this day of , 2011. PASSED AND ADOPTED on second reading this day of CITY OF MIAMI BEACH, FLORIDA By: ATTEST: By: City Clerk of the City of Miami Beach, Florida (SEAL) APPROVED AS TO FORM & LANGUAGE THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY ' Condensed Title: An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Chapter 11 0 of the Miami Beach City Code entitled "Utilities," amending Article IV, entitled "Fees, Charges, Rates and Billing Procedure Thereof," Amending Division 2 Thereof Entitled "Rates, Fees and Charges;" Amending Appendix A, (Entitled "Fee Schedule,") to increase the Sanitary Sewer Charge imposed by the City Pursuant to Section 11 0-168 (a) ; Providing for Codification, Severability, and an Effective Date. Key Intended Outcome Supported: Ensure well maintained infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey indicated that 79% of businesses rated recently completed capital projects as excellent or good. Issue: Shall the Mayor and City Commission approve the amendment to the Ordinance on first reading and schedule a second reading public hearing? Item SummarylRecommendation: I FIRST READING The City's utility rates are structured to collect the necessary revenues to meet operating and maintenance costs of the water and sewer infrastructure, to cover debt service for water and sewer bonds, to maintain adequate operating fund reserves, and, to pay Miami-Dade County for wholesale water purchased, the treatment of the City's sewage and other fees. It is expected that the South Florida Water Management District (SFWMD) will continue the same level of irrigation restrictions long-term; therefore, we are using current fiscal year's water consumption levels to forecast future fiscal year revenues which reflects a slight increase in the consumption of water. WASD has informed all wholesale customers that the proposed water rate for FY2011112 would remain the same as the current rate, $1.7142 per thousand gallons. Further, WASD has proposed a sewer rate of $2.1 528 for FY2011112, an increase of $0.1092, or 5.34% above the current rate of $2.0436. The cost of the proposed FY2011112 sewer rate increase to Miami Beach is approximately $732,062. The sewer rate increase for FY2011112 is $0.1 1 per 1,000 gallons. There is no increase in the water rate. For the average 11,000 gallons per month customer, the combined water and sewer rates result in a monthly increase of $1.21 in FY2011112. For the minimum usage customer (5,000 gallons or less per month), the combined monthly impact would be a total of $0.55. The Administration recommends approving the amendment to the Ordinance on first reading and scheduling a second reading public hearing. I I Advisory Board Recommendation: I OBPl I Total I City Clerk's Office Legislative Trackirg: / Keith Wilder, ext 61 92 Financial Information: MIAM BEACH AGENDA STEM DATE 'z Approved Account Source of Amount Funds: 1 I 1 425-8000-34351 0 Sewer MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jorge M. Gonzalez, City Manager FIRST READING DATE: September 14, 201 1 SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH ClTY CODE ENTITLED "UTILITIES," AMENDING ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE THEREOF;" AMENDING DIVISION 2 THEREOF, ENTITLED "RATES, FEES AND CHARGES," AMENDING APPENDIX A ENTITLED "FEE SCHEDULE" TO INCREASE THE SANITARY SEWER SERVICE CHARGE IMPOSED BY THE ClTY PURSUANT TO SECTION I1 0-1 68 (a); PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Ordinance amendment on First Reading and scheduling a Second Public Hearing setting water and sewer rates for FY 201 1/12. ANALYSIS The City's utility rates for water and sanitary sewer services are structured to collect the necessary revenues to meet annual operating and maintenance costs of the water and sanitary sewer infrastructure, to cover debt service for water and sewer bonds to maintain adequate operating fund reserves, and, to pay Miami-Dade County for wholesale water purchased, the treatment of the City's sewage and other fees. Increasing the sanitary sewer rate in the amount levied by the County, and maintaining the existing water rate to pay all other costs listed above will keep the City water and sewer funds balanced. In general, the rates for water supply and sanitary sewer services consist of: a Pass-through of the wholesale rate the City pays to Miami-Dade County for the purchase of potable water and treatment of sewage; a Debt service for the Water and Sewer Revenue Bonds; Operating and maintenance costs for the water and sewer utility; a 7.5% fee of previous year total revenue paid to the Miami-Dade County Environmental Resource Management Department (DERM). Commission Memo September 14,201 1 Water and Sewer Rate Ordinance Memo Page 2 of 3 It is expected that the South Florida Water Management District (SFWMD) will continue the same level of irrigation restrictions long-term. Therefore, we are using current fiscal year's water consumption levels to forecast future fiscal year revenues, which reflect a slight increase in the consumption of water from previous years. FY2011/12 Miami Dade Countv Wholesale Water and Sewer Rates The Miami-Dade Water and Sewer Department (WASD) has informed all wholesale customers that the proposed water rate for FY2011112 would remain the same as the current rate, $1.7142 per thousand gallons. Further, WASD has informed the City that it is entitled to a credit of $868,964 for water treatment charges paid in FY2009110. The 'credit' is largely due to lower operating expenses 1.e. source of supply, water pumping expenses, water treatment, and water transmission and distribution costs. While the City continues to have concerns regarding the County's cost allocation methodology, to date the County's position is that their methodology is sound. All operational expenditure increases related to proposed Cost of Living Adjustment to salaries, increased costs of health insurance and pension, and increases in other operating costs have been absorbed without fee increases. WASD has also notified wholesale customers that their proposed sewer rate will be $2.1528, an increase of $0.1092, or 5.34% above the current rate of $2.0436. WASD has determined that the City is also entitled to a credit of $1,201,806 for FY2009110 sewage treatment charges, which also includes a credit to the Satellite Cities of $192,438. The 'credit' is largely due to lower operating expenses i.e. sewer collection, sewer pumping sewer treatment and disposal, as well as an initial decrease in debt service and renewal and replacement. The cost of the proposed FY2011112 sewer rate increase to Miami Beach is approximately $732,062. The proposed wholesale water and sewer rates are subject to approval by the Board of County Commissioners at their Public Budget Hearings, scheduled for September 8 and September 22,201 1. The sewer rate increase for FY2011112 is $0.1 1 per 1,000 gallons. There is no increase in the water rate. For the average 11,000 gallons per month customer, the combined water and sewer rates result in a monthly increase of $1.21 in FY2011112. Forthe minimum usage customer (5,000 gallons or less per month), the combined monthly impact would be a total of $0.55. CONCLUSION: Monthly Cost to 11,000 gallon Customer Monthly Cost to 5,000 gallon Customer $1 14.40 $52.00 $1 -21 $0.55 $1 15.61 $52.55 $1 -21 $0.55 Commission Memo September 14,201 1 Water and Sewer Rate Ordinance Memo Page 3 of 3 The Administration recommends approving the Ordinance amendment on First Reading and cond Reading Public Hearing setting water and sewer rates for FY 201 1/12. T:\AGENDA\2011\9-14-11\FY12 Water and Sewer Rate Ordinance MEMO.doc FIRST READING ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH ClTY CODE ENTITLED "UTILITIES," AMENDING ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE THEREOF;" AMENDING DIVISION 2 THEREOF, ENTITLED "RATES, FEES AND CHARGES;" BY AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE" TO INCREASE THE SANITARY SEWER SERVICE CHARGES IMPOSED BY THE ClTY PURSUANT TO SECTION 110-168 (a); PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City implemented a Water and Sewer System Improvement Program ("Program"), which is funded by Water and Sewer Revenue Bonds; and WHEREAS, the rate increases proposed herein are for the payment of the phased in debt instruments to continue improvements to the water and sewer infrastructure and to maintain adequate operating fund reserves; and WHEREAS, the rate increases also provide for the operating and maintenance costs for the water and sewer utility; and WHEREAS, the rate increases also provide for the 7.5% fee paid to the Miami-Dade County Environmental Resource Management Department (DERM); and WHEREAS, the rate increases proposed include the pass-through of the wholesale rate the City pays to Miami-Dade County for the purchase of potable water and treatment of sewage; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, as follows: SECTION I. That Chapter 110, Article IV, Division 2, Section 110-168 (c) of the Miami Beach City Code is hereby amended as follows: Chapter 1 10. UTILITIES * * * Article IV FEES, CHARGES, RATES AND BILLING PROCEDURE * * * Division 2. RATES, FEES AND CHARGES * * * SECTION 3. That Appendix A to Chapter 110, entitled "Utilities," of the Miami Beach City Code is hereby amended as follows: Section this Code Description APPENDIX A FEE SCHEDULE * * * Chapter 1 10 Utilities Article Ill Stormwater Utility Division 2. Rates, Fees and Charges Sanitary sewer service charge, shall be as follows: $3.73 per 1,000 gallons, effective with billings on or after October 1, 2000; $3.81 per 1,000 gallons, effective with billings on or after October 1, 2001 ; $3.90 per 1,000 gallons, effective with billings on or after October 1, 2002; $4.03 per 1,000 gallons, effective with billings on or after October I, 2003; $4.12 per 1,000 gallons, effective with billings on or after October I, 2004; and $4.21 per 1,000 gallons, effective with billings on or after October I, 2005; and $4.25 per 1,000 gallons, effective with billings on or after October I, 2006; and $4.93 per 1,000 gallons, effective with billings on or after October I, 2007; and $5.62 per 1,000 gallons, effective with billings on or after October 1, 2008; and $6.04 per 1,000 gallons, effective with billings on or after October I, 2009; and $6.15 per 1,000 gallons, effective with billings on or after October 1, 201 1. Amount SECTION 3. CODIFICATION 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 re-lettered to accomplish such intention, and the word "ordinanceJ' may be changed to "section", "article" or other appropriate word. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 5. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on the lSt day of October, 201 1. PASSED and ADOPTED this day of ,201 1 ATTEST: MAYOR CITY CLERK T:\AGENDA\2011\9-14-11\FY12 Water and Sewer Rate 0rdinancelstRdg.doc APPROVED AS TO FORM & LANGUAGE Ex€CUtlOM g(-b5/ Date THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH. FLORIDA.l ADOPTING: 1) THE TENTATIVE AD VALOREM MILLAGE OF 6.2155 MILLS FOR GENERAL OPERATING PURPOSES, WHICH IS FIVE AND THREE-TENTHS PERCENT (5.3%) MORE THAN THE "ROLLED-BACK" RATE OF 5.9029 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2884 MILLS; FURTHER SElTlNG THE SECOND PUBLIC HEARING TO CONSIDER THE MILLAGE RATE FOR FISCAL YEAR (FY) 2011112, ON TUESDAY, SEPTEMBER 27,201 1 AT 5:01 P. M. Key Intended Outcome Supported: Minimize taxes; Control Costs of payroll including salary and fringes; ensure expenditure trends are sustainable over the long term; Improve the City's overall financial health and maintain overall bond rating; Increase community satisfaction with city services Supporting Data (Surveys, Environmental Scan, etc.): r In the 2009 survey, 65% of residents and 55% of businesses rated the value of city services for tax dollars paid as excellent or good, and higher (73.5% excellent or good) among those residents understanding that only a portion of their property tax bill goes to fund city services. Resident ratings improved 19% compared to 2007 and 15% compared to 2005. Business ratings remain steady compared to 2007, but improved by 14% compared to 2005. Over the last several years, the City of Miami Beach has adopted budgets that provided tax and fee relief while at the same time providing improving services that address community priorities (e.g. public safety, cleanliness, landscaping and beautification, recreation and cultural arts programming, renewal and replacement funding for our facilities, and buildingldevelopment functions). In FY 2007108 alone, the property tax rate declined by approximately 1.8 mills, with savings to the average property owner of over $400. In addition, in FY 2005106 and FY 2006107, the City funded $200 and $300 "homeowner dividends" paid to homesteaded property owners in the City. .However, recent years have been more challenging due to declines in property values and increasing costs, particularly pension costs. Since FY 2007108, property values have declined $4.9 billion, approximately 18 percent, despite almost $3 billion in new construction added to the roll. Without the new construction, the decline in values would be even greater, at 29 percent. Outside the City Center RDA, which impacts General Fund Property Tax revenues, the decline in values is even more significant at 20 percent, even after new construction. The July 1, 201 0 Certification of Taxable Value from the Miami-Dade County Property Appraiser reflects a more modest decline of $0.1265 billion or 0.6 percent decline in property values, and a decline of 1.2 percent excluding new construction. The decline outside the City Center Redevelopment area which impacts General Fund property tax revenues was 0.8 percent. Issue: Shall the Mayor and City Commission adopt the resolution? I Item SummarylRecommendation: The total nronosed tentative oneratina millaae is ke~t flat from FY 2010/11 at 6.2155 mills, including a general operating millage rate of 6.1072 and a General Fund Capital Renewal and Replacement millage of 0.1 083. The voted debt service millage rate is increased from 0.2870 to 0.2884. The administration is continuing to evaluate opportunities to further reduce the millage, with the potential for additional changes at the second public hearing on Tuesday September 27,201 1 -- for every $180,000 reduction to the proposed FY 201 1112 General Fund budget, the FY 2011112 millage can be reduced by 0.01 mills. Advisory Board Recommendation: I Financial Information: City Clerk's Office Legislative Tracking: I - OBPl Account 4 I I Total 1 Amount Source of Funds: - Financial Impact Summary: The combined millage rate overall remains approximately 2.2 mills lower than it was in FY 1999100. In addition, the millage rate is approximately 1.2 mills lower than it was in FY 2006107, when property values were similar to the July 1,201 1 certified values resultina in a nettaxlewreduction of$29million since FY 2006/07. 1 n MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfI.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager 975 DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ADOPTING: 1) THE TENTATIVE AD VALOREM MILLAGE OF 6.2155 MILLS FOR GENERAL OPERATING PURPOSES, WHICH IS FIVE AND THREE-TENTHS PERCENT (5.3%) MORE THAN THE "ROLLED-BACK RATE OF 5.9029 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2884 MILLS; FURTHER SETTING THE SECOND PUBLIC HEARING TO CONSIDER THE MILLAGE RATE FOR FISCAL YEAR (FY) 2011112, ON TUESDAY, SEPTEMBER 27,2011 AT 5:Ol P. M. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached Resolution which sets the following: 1) Proposed Millage Rates for FY 201 111 2: General Operating 6.1072 mills Capital Renewal & Replacement 0.1083 mills Sub-Total Operating Millage 6.2155 mills (6.2155 FY 201011 1, 0.0 increase) Voted Debt Service 0.2884 mills (0.2870 FY 201011 1, 0.0014 increase) Total 6.5039 mills (6.5025 FY 201011 1, 0.0014 increase) 2) The tentatively adopted combined millage rate of 6.5039 mills is 0.0014 mills more than the 6.5025 combined millage rate for FY 201011 1. The tentatively adopted operating millage of 6.2155 mills for FY 201 1112 is 0.3126 mills more than the roll-back rate of 5.9029, and thus, the City is required to publish a Notice of Tax Increase. 3) The second public hearing to consider the final millage rates and budgets for FY 201 1/12 shall be on Tuesday September 27, 201 1 at 5:01 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive. The rollback rate is the millage rate required to produce the same level of property tax revenues in FY 201 1/12 as collected in FY 201011 1. The rollback rate is calculated by dividing the prior year property tax revenues by the current year property values, after new construction, major improvements, annexations, deletions and tax increment districts are removed from current year property values. It is important to note, that the January 1, 2010 tax roll Citywide declined by almost $1.4 billion between the July 1, 2010 valuation and the July 1, 201 1 valuation due to FY 201 111 2 Tentative Millage September 14, 201 1 Page 2 appeals, adjustments, etc,, which resulted in the FY 201 1/12 "roll-back rate" being less than the FY 201011 1 current millage rate. The area outside of City Center RDA declined by almost $1 billion. While the administration is continuing to evaluate opportunities to further reduce the millage, it is recommended that the Mayor and Commission adopt the tentative operating and debt service millage rates, with the potential for additional changes at the second public hearing to consider the final millage rates for FY 201 111 2 on Tuesday September 27,201 1. For every $1 80,000 reduction to the proposed FY 201 111 2 General Fund budget, the FY 201 111 2 millage can be reduced by 0.01 mills. Under the recently enacted State legislation, the City may elect to approve millage rates above the roll-back rate up to the constitutional cap of 10 mills subject to an extraordinary vote by the Commission or referendum: Option I: A majority of the approval of the Commission Millage is required to approve a millage up to 8.1906 (equivalent to a 0.55% increase in ad valorem proceeds allowed by a majority vote, net of the impact of the Tax Increment Districts). The adjustment of 0.55% reflects the statewide per capita personal income increase for the prior year Option II: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 9.0097 (equivalent to a 10% increase in the ad valorem revenues above Option I). Option Ill: A unanimous approval of the Commission or referendum is required to approve a millage above 9.0097 up to the 10 mill cap PROCEDURE Florida Statutes 200.065 requires that at the conclusion of the first public hearing on the proposed tax rate and budget, the City Commission proceed in the following specific manner: Adopt a tentative ad valorem millage rate for FY 201 1/12 operating purposes. This is accomplished by adopting a Resolution that includes the percentage increase or decrease over the "Rolled-back" rate; the required Debt Service millage rate; and, the date, time, and place of the second public hearing State statute requires that only the title be read aloud. Adopt a tentative general operating budget for FY 201 1/12. Also included, are budgets for the Enterprise and Internal Service Funds. This is accomplished by adopting a companion Resolution. (See accompanying City Budget Agenda Item). Both the millage and budget Resolutions must be adopted again after a second and final public hearing. SUMMARY The Administration is recommending a total combined millage rate for the City of Miami Beach of 6.5039. The total proposed operating millage remains at 6.2155 mills, including a general operating millage rate of 6.1072 and a General Fund Capital Renewal and Replacement millage of 0.1083. The proposed voted debt service millage rate is adjusted from 0.2870 to 0.2884, an increase of 0.0014 mills. FY 201 111 2 Tentative Millage September 14,201 1 Page 3 It is important to remember that in prior years, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY I999100 and FY 200911 0, total combined City of Miami Beach property tax rates declined approximately 2.8 mills. In FY 2007108 alone, the millage rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property of over $400. In addition, in FY 2005106 and FY 2006107 the City provided "homeowner dividends" of $200 and $300, respectively, to all homesteaded property owners in the City of Miami Beach. Further, the per capital tax levy was $1,649 for FY 2006107 as compared to an estimated $1,276 for FY 2010111, a decrease of $374, per resident, or 23 percent. City of Miami Beach combined millage rates remain approximately 2.2 mills lower than in FY I999100 (25 percent), and approximately 1.2 mills lower than 2006107 when property values were similar to today's values, resulting in a net tax levy reduction of approximately $29 million. Miami Beach continues to provide more direct value for tax dollars paid than many other taxing jurisdictions. For example, in FY 200911 0, the owner of an average value homesteaded property would have paid approximately $1,700 in property taxes to the City; as compared to approximately $4,000 to the County, the school board and other local taxing jurisdictions; approximately $2,400 in sales taxes to the state; and approximately $7,000 in income taxes to the Federal government. ANALYSIS OF PROPERTY VALUES IN MIAMI BEACH On July 1, 201 1, the City received the "201 1 Certification of Taxable Value" from the Property Appraiser's Office stating that the taxable value for the City of Miami Beach is $21,978,289,928 including $98,792,544 in new construction. The preliminary 201 1 value represents a decrease of $0.1265 billion or 0.6 percent less than the July 1, 2010 Certification of Taxable Value of $22.1 billion, and a decline of 1.2 percent excluding new construction. The comparative assessed values for the Miami Beach Redevelopment Agency City Center redevelopment district increased from $3,404,963,718 to $3,423,353,944, an increase of $0.01 84, billion or a 0.5 percent increase in values over 2010 certified values. In addition, assessed values within the geographic area formerly known as the South Pointe redevelopment district increased from $3,324,165,654 to $3,446,036,913, an increase of $0.1 219 billion, or a 3.7 percent increase in values over 201 0 certified values. As a result, taxable values in the areas outside the City Center RDAlSouth Pointe area decreased by 1.7 percent, from $1 5.3756 billion to $1 5.1089 billion, a decrease of $0.2667 billion. FY 201 1/12 Tentative Millage September 14,201 1 Page 4 COMPARATIVE ASSESSED VALUES [in billions1 RDA - City Ctr South Pointe General Fund Total Citvwide Citywide Net c City Ctr Jan. 1 21 As ot July I 201 0 (For FY 201 0/11 Budget] $ 3.4050 3.3242 15.3756 $ 22.1047 10 Value (in Kev~sed Value (For FY 201 0/11 Projection] $ 2.9780 3.1 138 14.628 1 $20.71 98 Change in 201 0 Jan. 1 201 1 Value (in billions] As ot July I 201 1 (For 201 1/12 Values 1 Budget] $ (0.4270) $ 3.4234 Change from 201 0 Value (Bud et] 7- ' % Change from Prior Year Revised lin billions1 I % I Value DETERMINING THE OPERATING MILLAGE LEVY The first building block in developing a municipal budget is the establishment of the value of one mill of taxation, wherein the mill is defined as $1 .OO of ad valorem tax for each $1,000 of property value. For the City of Miami Beach, this value for each mill is determined by the 201 1 Certification of Taxable Value and has been set at $21,978,290. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $20,879,376. Impacts of Decline in Property Values In FY 2010/11, the operating millage rate for general City operations was adopted at 6.2155. Based on the July 1, 2011 Certification of Taxable Value, 6.2155 mills would generate approximately $129,775,762 in tax revenues, a decrease of $746,668 over FY 2010/11 budgeted property tax revenues Citywide (General Fund, City Center RDA and the South Pointe area). The General Fund property tax revenues will decrease by $0.85 million, if the FY 201011 1 millage rate is maintained. Further, the January, 1 2010 tax roll Citywide declined by almost $1.4. billion between the July 1, 2010 valuation and the July 1,201 1 valuation due to appeals, adjustments, etc., which resulted in the FY 201 1/12 "roll-back rate" being less than the FY 201011 1 current millage rate. The area outside of City Center RDA declined by almost $1 billion. DETERMINING THE VOTED DEBT SERVICE MILLAGE LEVY (GENERAL OBLIGATION DEBT SERVICE FUND) The general obligation debt service payment for FY 201 1/12 is approximately $6.02 million. Based on the July I, 201 1 Certified Taxable Value from the Property Appraiser, these bonds would require the levy of a voted debt service millage of 0.2884 mills. This represents an increase of 0.0014 mills. FY 201 1/12 Tentative Millage September 14,201 1 Page 5 COMBINING THE OPERATING AND VOTED DEBT SERVICE MILLAGE LEVIES Illustrated below is a comparison of the combined millage rates and ad valorem revenues to the City of Miami Beach for FY 2010/11 (final) and FY 201 1/12 (preliminary) including RDA. It is recommended that in the General Fund, 0.1083 mills of the total operating millage continue to be dedicated to renewal and replacement, resulting in approximately $1.76 million in renewal and replacement funding. If these recommended millage rates are tentatively adopted, then the City of Miami Beach's total operating millage will remain unchanged from the current year, and the voted debt service millage will increase by 0.0014 mills. CITY OF MIAMI BEACH MILLAGE LEVY IMPACT ON MIAMI BEACH PROPERTY OWNERS Homesteaded Properties Amendment 10 to the State Constitution took effect on January I, 1995 and limited the increase in assessed value of homesteaded property to the percentage increase in the consumer price index (CPI) or three percent (3%), whichever is less. For 2010, the CPI has been determined to be 1.5 percent and therefore, the increase is capped at 1.5% for increased values as of January 1,201 1. The impact of the millage and the CPI adjustment to homesteaded properties will vary significantly based on how much below market value the property is assessed and the taxable value of the property. Properties assessed at market value will not be affected by the 1.5 percent CPI adjustment. As of the 2009 tax roll, the latest roll analyzed, 33 percent of properties were assessed at market value. Overall, based on an analysis of the homesteaded properties in the 2010 tax roll (the latest available from the Miami-Dade County Property Appraiser at this time), the median value of homesteaded property in Miami Beach for 201 1 (as of August 2010) was $1 19,000, and the average $271,000. Applying the decline to the market value of all existing homesteaded properties from the 2010 tax roll, and the 1.5 percent CPI adjustment, the impact of the millage rate adjustment to homesteaded properties would be as shown in the following table. FY 201 I11 2 Tentative Millage September 14,201 1 Page 6 Non-Homesteaded Properties Homesteaded Properties It is anticipated that, overall commercial properties, would reflect a decline based on the overall decline in the property values, although individual properties could vary significantly. Historical Perspective Taxable Value City of Miami Beach Taxes Operating Voted Debt Total Miami Beach $ Change in Taxes Operating Voted Debt Total Miami Beach As stated earlier, in prior years, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY 1999100 and FY 200911 0, property tax rates declined approximately 2.8 mills. In FY 2007108 alone, the property tax rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property of over $400. In addition, in FY 2005106 and FY 2006107, the City funded $200 and $300 "homeowner dividends" paid to homesteaded property owners in the City. * Source: Miami-Dade County Property Appraiser File as of 8117110 FY 2011/12 (as of January 1 2011) Total Combined Millage with 0.6% Decline Median I Average $ 118,286 $ 269,374 $ 735 $ 1,674 34 78 $ 769 $ 1,752 $ (5)s (lo)$ $ (5) $ (10) FY 201 011 1 (as of January 1 2010)* Median I Average $ 119,000 $ 271,000 3 QI 00 h a P m - - $ d m N rl 0 98 99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 11 12 Fiscal Years $ 740 34 with no change Median I Average $ 119,000 $ 271,000 $ 740 $ 1,684 34 78 $ 774 $ 1,762 - $ - 16 - $ - $ 1,684 78 with 1.5% CPI Median I Average $ 120,785 $ 275,065 $ 751 $ 1,710 35 79 $ 786 $ 1,789 $ 11, 26 1 1 $ 12 $ 27 $ 774 $ 1,762 FY 201 111 2 Tentative Millage September 14,201 1 Page 7 The combined millage rate overall remains approximately 2.2 mills lower than it was in FY 1999100. In addition, the millage rate is almost 1.2 mills lower than it was in FY 2006107, when property values were above the July 1, 201 1 certified values. As a result, the proposed property tax levy is lower in FY 201 111 2 than it was in FY 2006107. Property Values and Tax Levy I '07 '08 '09 '10 '1 1 '12 Property Values -Tax Levy including Debt Property Values, Millage and Property Tax Levy I I I I I Impact to a average value I FY 201 1112 Tentative Millage September 14,201 1 Page 8 COMBINING JURISDICTIONAL OPERATING AND DEBT SERVICE MILLAGE LEVIES City of Miami Beach property owners must also pay property taxes to Miami-Dade County, the Miami-Dade County School Board, the Children's Trust, the South Florida Water Management District, and the Florida Inland Navigation District. The countywide tax rate for Miami-Dade County is proposed to decrease from 5.4275 mills to 4.8050 mills; the library tax rate is proposed to decrease from 0.2840 mills to 0.1 795 mills; and the debt service millage decreased from 0.4450 to 0.2850. The proposed tax rate for the Miami-Dade School District is 8.0050; 0.2440 mills less than the prior year millage of 8.2490. The Children's Trust millage is maintained at 0.5 mills. The proposed tax rate for the South Florida Water Management District is 0.4363; 0.1877 mills less than the prior year millage of 0.6240. The proposed tax rate for the Florida Inland Navigation District is 0.0345; unchanged from the FY 201 011 1 millage. A summary of the tax rate changes is provided in the following table. With the Proposed millage rates for FY 201 111 2, the Miami Beach portion of the FY 201 111 2 tax bill is approximately 31 percent of the total bill. Of note, even with the recently proposed millage decreases by the County, the County millage is 1. 1 mill less than their millaae in FY 2006/07, as comoared to the City's proposed millaae which is 1.2 mills less than the City millaae in FY 2006/07. Further, the School Board millage is only minimally below the FY 2006107 millage rate, despite the recently proposed decrease. The significant difference in the total overlapping millage rate is a direct result of the City's effort to keep the millage rates as low as possible FY 201 111 2 Tentative Millage September 14,201 1 Page 9 Impact of Combined Tax Rates of Overlapping Jurisdictions on Homesteaded Properties Applying the proposed millage rates to the median and average January 1,201 1 taxable values of $1 19,461 and $277,201, respectively, half of the homesteaded properties would pay less than $2,478 for all taxing jurisdictions combined, while the average taxes generated would be approximately $5,753 per homesteaded property. Of these taxing jurisdictions, the highest component is the Miami-Dade School Board, at $956 for a median value property, and $2,219 for an average valued property. The following table provides examples of changes in property taxes for homesteaded properties as a result of these declines in values, using the proposed tax rates and potential changes from 201 0 values. FY 201 111 2 Tentative Millage September 14,201 1 Page 10 As with the City of Miami Beach millage rates, impacts of the combined jurisdictional millage rates for non-homesteaded properties will likely reflect declines in property values, although individual properties may vary. Total Miami Beach Miami Dade County SC~OO~S Other Total SECOND PUBLIC HEARING The second public hearing on the tentatively adopted millage rate and budget for FY 201 111 2 must be advertised no later than 15 days after the first public hearing. It is recommended that the second public hearing be set for Tuesday, September 27, 201 1 at 5:01 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive. $ 774 $ 1.762 $ 733 $ 1,668 $ 982 $ 2,235 $ 138$ 314$ $ 2.627 $ 5,979 CONCLUSION Change in Taxes City of Miami Beach The Administration recommends adoption of the attached Resolution which sets both tentative operating and debt service millage rates for FY 201 1/12 and establishes a second public hearing to be held on Tuesday, September 27, 201 1, at 5:01 P. M. $ 769 $ 1,752 $ 623 $ 1,419 $ 947 $ 2,156 115$ 262$ $ 2,454 $ 5,589 Operating Voted Debt Total Miami Beach Miami Dade County Schools Other Total $ 774 $ 1,762 $ 627 $ 1,428 $ 953 $ 2,169 116$ 263$ $ 2.470 $ 5,622 $ 786 $ 1.789 $ 636 $ 1,449 $ 967 $ 2,202 117$ 267 $ 2,506 $ 5,707 11s 26 $ 1 $ 1 12s 27 $ (97) $ (219) $ ($5) $ (33) $ (21) $ (47) $ (121) $ (272) $ (5)s (lo)$ $ (0) $ 0 $ (5) $ (10) $ (I 10) $ (249) $ (35) $ (79) $ (23) $ (52) $ (173) $ (390) - $ (0)s $ (0) $ 0 $ (0) $ (0)s $ (106) $ (240) $ (29) $ (66) $ (22) $ (51) $ (157) $ (357) RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ADOPTING: 1) THE TENTATIVE AD VALOREM MILLAGE OF 6.2155 MILLS FOR GENERAL OPERATING PURPOSES, WHICH IS FIVE AND THREE-TENTHS PERCENT (5.3%) MORE THAN THE "ROLLED-BACK RATE OF 5.9029 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2884 MILLS; FURTHER SETTING THE SECOND PUBLIC HEARING TO CONSIDER THE MILLAGE RATE FOR FISCAL YEAR (FY) 201 1112, ON TUESDAY, SEPTEMBER 27,201 1 AT 501 P. M. WHEREAS, on July 13, 201 1, the City Commission following a duly noticed public hearing, adopted Resolution No. 201 1-27699, which set the proposed general operating millage rates at 6.21 55 mills (excluding debt service), the same level as FY 201 011 1 for general operating purposes, and 0.2884 mills for debt service; and WHEREAS, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY 1999100 and FY 2009110, total combined City of Miami Beach property tax rates declined approximately 2.8 mills; and WHEREAS, In FY 2007108 alone, the millage rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property of over $400; and WHEREAS, City of Miami Beach combined millage rates remain approximately 2.2 mills lower than in FY I999100 (25 percent), and approximately 1.2 mills lower than 2006107 when property values were above today's values, resulting in a net tax levy reduction of approximately $29 million; and WHEREAS, the administration is continuing to evaluate opportunities to further reduce the millage, with the potential for additional changes at the second public hearing to consider the final millage rates for FY 201 1112 on Tuesday September 27, 201 1 ; and WHEREAS, For every $180,000 reduction to the proposed FY 2011112 General Fund budget, the FY 201 1112 millage can be reduced by 0.01 mills; and WHEREAS, Section 200.065, Florida Statutes, requires that at the conclusion of the first public hearing on the City's proposed tax rate and budget, the City Commission: 1) adopt a tentative ad valorem millage rate for FY 2011112 operating purposes; and 2) the required Debt Service millage rate; this is accomplished by adopting a Resolution that includes the percentage increase or decrease over the "rolled-back" rate; and WHEREAS, at this time the Administration would recommend that the City Commission set the second and final public hearing to consider the aforestated millage rates for FY 201 1112. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, as follows: (1) Pursuant to Section 200.065, Florida Statutes, there is hereby levied a tax for FY 201 1/12, on all taxable and non-exempt real and personal property located within the corporate limits of the City of Miami Beach, Florida, as follows: For the purpose of operating the government of the City, the rate assigned amounts to 6.2155 mills. Also included are appropriate reserves and contingencies, which are not limited to reserves for tax discounts and abatements of uncollected taxes. The millage rate reflected is five and three-tenths percent (5.3%) more than the "Rolled-back rate of 5.9029 mills. For the purpose of providing payment on the principal and interest portions of the General Obligation Bond Debt outstanding, the rate assigned amounts to 0.2884 mills. (2) The tentative adopted millage rates for the City of Miami Beach, Florida for FY 201 1/12 are subject to a second and final public hearing, herein set for and to be held at 5:01 p.m., Tuesday, September 27, 201 1, in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. PASSED and ADOPTED this 14th day of Se~tember. 201 1. MAYOR ATTEST: ClTY CLERK 8 MIAMIBEACH - CITY OF MIAMI BEACH iy. NOTICE OF PUBLIC HEARINGS NOTiCE IS HEREBY given that public hearings will be held by the ~a~or'and City Commission of the City of Miami Beach, Florida, in the Bmmission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 14w, 2011, to consider the following: 1 \i 5:Ol p.m. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILLAGE RATE AND BUDGET FOR FISCALYEAR 2C1112012 FORTHE CIN OF MIAMI BEACH. 5:02 p.m. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILLAGE RATE AND BUDGET FOR FISCAL YEAR 201 11201 2 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT. tnquiries may be directed to the Budget Office at (305) 673-7510. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clesk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 331 39. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 1 THURSDAY, AUGUST 25,2071 NE COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City Of Miami Beach, Florida, adopting tentative budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and lnternal Service Funds for Fiscal Year 201 1/12 subject to a second public hearing scheduled on Tuesday, September 27, 201 1 at 501 P.M. (ey Intended Outcome Supported: Minimize taxes; Control Costs of payroll including salary and fringes; Ensure expenditure trends are sustainable over the long term; Improve the City's overall financial health and maintain overall bond rating; Increase community satisfaction with city services Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 community survey, quality of life in the City is rated highly, the City is seen as an 'excellent' or 'good' place to live, work, play or visit, and over Ws of residents would recommend it to others as a place to live. Impressively, 31 of the residential tracking questions from 2007 experienced increases in each of the areas measured by an overall average of approximately 7.0%; and 28 of 32 business tracking questions experienced increases measured by an overall average of approximately 8.8%. Important findings were: Cleanliness of canals/waterways, the job the city is doing to address homelessness, and storm drainage were all identified as areas for improvement, although improved from prior surveys; cleanliness, code enforcement, and arts and culture were identified as services the city should strive not to reduce; and value of service for tax dollars paid, cleanliness of streets, satisfaction with contacting the City government handling of special events, traffic flow, code enforcement, police ratings, condition of roads, availability of public parking, and consistency of inspections were all identified as key drivers of overall satisfaction levels. Issue: Shall the Mayor and City Commission adopt the attached resolution establishing tentative budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and lnternal Service Funds for Fiscal Year 201 1/12 and setting the date for the second public hearing? Item SummarylRecommendation: The FY 201 1/12 Proposed Work Plan and Budget maintains current service priorities for the community, despite property tax rates set at 1.2 mills (16 percent) lower than FY 2006107 when property values were similar to the 201 1 certified values. Advisory Board Recommendation: r I Financial Information: Account bneral Fund O~erating - 0. Debt Service recurring reductions over the last4 years, ad the General Fund Operating budget is 3 percent more than in FY 2006107, in spite of 13 percent growth in the Consumer Price IndexJCPI) in a similar period. over 80 percent growth ( in pension costs, and many new facilities and projects ( . OBPl City Clerk's Office Legislative Tracking: I AM1 BEACH Financial lmoact Summary: This budget represents more than $63 million in reductions in predominantly 2 3 4 Total AGENDA 1TEM R7A2 DATE .- $ 6,021,612 $ 17,010,810 G.1 RDA Funds-Ad Valorem Taxes $425,633,275 $ 54,349,331 *Net of lnternal Service Funds Internal Service Funds MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ADOPTING TENTATIVE BUDGETS FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM TAXES, ENTERPRISE, AND INTERNAL SERVICE FUNDS FOR FISCAL YEAR 2011112 SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27,2011 AT 5:01 P.M. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached Resolution which establishes tentative budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and Internal Service Funds for Fiscal Year (FY) 201 1/12. PROCEDURE As outlined in the companion General Operating Millage Agenda Item, Section 200.065, Florida Statutes specifies the manner in which budgets are adopted. First, the tentative millage rate for both the general operating and debt service is adopted, then immediately thereafter, tentative budgets by fund are adopted. The attached Resolution adopting tentative budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and Internal Service Funds for FY 201 1/12 is therefore presented to you at this time for adoption. Additional details are contained in my Budget Message which is attached, however, highlights of that document are outlined below. BACKGROUND Over the last several years, the City of Miami Beach has adopted budgets that provided tax and fee relief while at the same time providing improved services that address needs and priorities identified by the community (primarily in public safety, cleanliness, landscaping and beautification, recreation and cultural arts programming, renewal and replacement funding for our facilities, and building/development functions); and providing structural changes that enhanced capital funding and reserves. Adopting Tentative Budgets September 14,201 1 Page 2 In 2009, the City of Miami Beach conducted its third set of statistically-valid community surveys. The Community Survey was designed to provide resident input on quality of life, city services, and taxes; and to identify key drivers for improvement. Impressively, all 31 of the residential tracking questions from 2007 experienced increases in each of the areas measured by an overall average of approximately 7.0%; and 28 of 32 business tracking questions experienced increases measured by an overall average of approximately 8.8%. It is unusual for an entity to see improvement across such a broad range of areas, and the significant percentage increase in each of these areas is even more unusual. These results indicate a high level of satisfaction with Quality of Life in Miami Beach and the services provided by the City. However, these objectives have become increasingly more challenging in the last several years, due to changes in property tax legislation, property values that first increased and then declined, and increasing pension plan contributions due to the downturn in the investment market. Between FY 2007108 and FY 201 011 1, the General Fund absorbed more than $41 million in reductions (almost 20 percent of the $237.5 million FY 201011 1 General Fund budget) and reductions of approximately $47 million and 260 positions across all funds. Combined with more than $15 million in employee "give-backs" between FY 200911 0 and FY 201 011 1, this represents more than $62 million in combined "aivebacks" and reductions over 4 vears. Despite this significant reduction and despite increases in costs such as pension, living wage impacts, fuel, and other operating expenses, the City of Miami Beach has essentially kept services and enhancements that were added through FY 2006107 to address needs and priorities identified by the community. We have continued to focus on priorities: public safety, cleanliness, landscaping and beautification, recreation and cultural arts programming, renewal and replacement funding for our facilities, buildingldevelopment functions, and structural changes that enhanced capital funding and reserves, while bringing on line several capital projects with expanded operations and maintenance and resulting increases in operating costs for facilities as shown such as by the examples provided below: North Shore Park and Youth Center South Pointe Park, Soundscape Park e Collins Parks and surrounding neighborhood streetscapes 0 Bandshell Facility improvements e Normandy Shores Golf Course Normandy Isle Park and Pool Beachfront Bathrooms Colony and Byron Carlyle Theatres 0 Beachwalk and Baywalk Multiple streetscapes As a result, we have been able to achieve significant value to our community. The median taxable value for a homesteaded property on Miami Beach as of January 1, 2010 was $1 19,461, resulting in $774 in total taxes paid to the City of Miami Beach, with half of the homesteaded properties paying even less than this. In fact, 6 percent of homesteaded properties, almost 1,000 properties, pay no taxes at all to the City of Miami Beach. Adopting Tentative Budgets September 14,201 1 Page 3 POTENTIAL CHANGES TO THE FY 2011112 PROPOSED WORK PLAN AND BUDGET During the Commission Retreat in May, 201 1, at the time of adoption of the proposed operating millage on July 13, 2011, and, again, during Finance and Citywide Projects Committee (FCWPC) meetings in late July, 2011, it was agreed to set the proposed operating millage at the same level as FY 201011 1, with the caveat that the Administration should strive to reduce the millage before final adoption. Further, as highlighted in the Proposed Work Plan and Budget distributed in August, 201 1, a few potential reductions and enhancements presented at the July, 2011 FCWPC meeting were pending additional evaluation, a couple of which had the potential to reduce the millage. For perspective, it is important to note that every reduction of $1 80,000 to the proposed FY 201 1/12 General Fund budget is equivalent to 0.01 mills. Every 0.01 mills results in annual savings of $1 .I 9 to the median value homesteaded property, and $2.77 to the average value property. Based on this further review, the following items are considered potential reductions for inclusion in the FY 201 1/12 General Fund Budget. A brief explanation for each item is provided on the following pages. days per week18 hours per day on a year round schedule $ (400,000) (0.022) Total I$ (903,270)l (0.050) Adopting Tentative Budgets September 14,201 1 Page 4 Eliminate the additional continqencv derived durinq the balancing of the General Fund Operatina budget - as a result of the reductions and transfers incorporated to balance the budget, the proposed FY 201 1/12 General Fund budget includes $89,155 in additional contingency, beyond the $1,100,000 in operating contingency typically included each year. Eliminating this additional $89,155 brings the budgeted General Fund Operating contingency back to $1 .I million. Eliminate Contingency Fundinq in the FY 201 1/12 Information and Technoloqv Fund Transfer- The proposed FY 201 1/12 General Fund budget includes a transfer of $71 5,000 to the Information and Technology Fund, the same level of transfer as in FY 201011 1. At the time of presentation to the FCWPC in July 201 1, the Administration identified projects totaling $518,085, leaving a contingency of $1 96,915. During the meeting, the Committee requested adding computers for Code enforcement to the list of projects in the amount of $28,800, thereby reducing the contingency to $168,115. 1 am comfortable reducing the transfer by $1 14,115 for FY 201 111 2, leaving a contingency of $54,000. Reduce Police overtime bv $300.000 out of $3.3 million in General Fund overtime - Overtime in the Police Department is used to address manpower shortages; crime investigations; pro-active crime enforcement initiatives; neighborhood community meetings; special details; and training activities . This does not include Memorial Day, Spring Break or other special events which are in the Proposed Resort Tax Fund Budget; overtime within the City Center Redevelopment Area (RDA) which is charged to the RDA Fund; nor Court overtime within the Police Department budget. This brings the overtime levels similar to the FY 201011 I projected expenditures. While I do not have specific recommendations as to how this overtime reduction will be accomplished, I would like to challenge the Police Department to find opportunities for increased efficiencies. Change Ocean Rescue Division Schedule to 5 days per weeW8 hours per dav on a year round schedule - This potential reduction was discussed at the July, 201 1 FCWPC meeting and the Committee directed the Administration to pursue further evaluation. While independent specific counts are not available by time of day, the Fire Chief and I are comfortable reducing seasonal staff by $400,000, resulting in a later morning start at lifeguard stands except Lummus Park, while retaining approximately $100,000 in overtime for roving lifeguards on ATVs in the morning or other unanticipated needs. In addition to the reductions identified above, the FCWPC directed the Administration to evaluate contracted security service being provided and asked for further analysis from the Police Department regarding eliminating Citywide contracted security expenditures while maintaining Redevelopment Areas (beach walks, boardwalks, Lincoln Road, etc.). Based on the review to date, the Police Department is not recommending any reductions in contracted security. The Police Department will continue to review throughout the year for potential improvements. Adopting Tentative Budgets September 14,201 1 Page 5 Further, additional information was requested by the FCWPC regarding the proposed addition of a position in the Capital Improvements Project (CIP) Office for project estimating and scheduling. Since July, the CIP Director has met with Commissioners and further clarified the role of this position as follows: Ensures maximum productivity and optimized delivery of construction management and support services by developing, implementing and maintaining electronic project management and scheduling systems that will streamline processes and increase their efficiency. Allows project and construction managers to better utilize their resources and time, and in turn improve their teams' performance by more clearly defining planning needs, tasks, resource allocation requirements, milestones and specific timelines, to name a few. Provides support to the administration by producing reports, tables and charts from a centralized scheduling and data management tool that can be used to more globally assess construction resource planning and workload management to more effectively manage the capital construction program. Provides work planning and scheduling assistance by providing "look-ahead activity reports that can be used to enhance planning activities associated with presentations to boards, regulatory agencies and Commission. Based on these discussions, I am recommending that this position be added to the FY 201 111 2 General Fund Budget, an impact of $81,679 to be offset by charge-backs to capital projects. Further, as the change in leadership in the Police Department progresses, there is potential opportunity to further streamline the Department organizational structure. I hope to bring you recommendations in this area later in the year, but anticipate that, rather than just reduce cost, I am hopeful that streamlining will allow the potential to enhance patrol deployment. I have, therefore, not incorporated any changes in this regard, at this time. As a result, the total General Fund Operating Budget potentially could decrease by $0.9 million based on these reductions from $245,175,318 to $244,353,727, with a commensurate decrease in the operating millage rate of 0.05 mills. A reduction of 0.05 mills results in annual savings of $5.97 to the median value homesteaded property, and $13.86 to the average value property. Should the Commission support any or all of these reductions, they will be incorporated into the proposed FY 201 1/12 budget for consideration at the second budget hearing on Tuesday September 27,201 1. Adopting Tentative Budgets September 14,201 1 Page 6 OTHER OPPORTUNITIES TO REDUCE THE FY 2011112 BUDGET There has been discussion also, albeit to a lesser extent, of more dramatic reductions in millage rate. It is important to note that the recommendations regarding the City's operating millage was made after a careful review of expenditures. As shown in the table below, the greatest component of General Fund expenditures are salaries and benefits, representing approximately $177.6 million, or 72 percent, of the $245.2 million FY 201 1/12 proposed budget. When salaries and benefits from the internal service funds that are charged to the General Fund are included, this increases to $185 million, or 75 percent of the General Fund proposed budget. Given the no layoff and wage provisions subsequently incorporated into City contracts through September 30,201 2, reductions in personnel costs are challenging to implement for FY 201 111 2, although the proposed FY 201 111 2 budget does incorporate some reductions. However, all City bargaining agreements, except one, expire September 30,2012, and the pension reform initiative currently underway by the City's Budget Advisory Committee, provides greater opportunities to further reduce personnel costs, and pension costs in particular, for FY 2012113, and not impact service levels to the community. Pension - F&P Pension - MBERP Other Pension Costs Healthand Life Other Benefits Total Benefits The balance of $27.2 million in operating costs include rents and utilities; expenditures related to our two golf courses; public safety supplies and maintenance items, contracted landscape maintenance; supplies and expenditures related to arts, culture, parks and recreation; general maintenance contracts, auditing services; notifications and promotions; outside legal support and special master support; elections expenditures; grants to organizations and social services; recruitment related expenditures, including background checks and testing; contracted Building and Code enforcement support, including inspectors and the Call Center; as well as $1.2 million in operating contingency. Adopting Tentative Budgets September 14,201 1 Page 7 PROPOSED FY 2011112 GENERAL FUND BUDGET The City of Miami Beach has experienced significant change in the last several years, due to changes in property tax legislation, property values that first increased and then declined, and increasing pension plan contributions due to the downturn in the investment market. However, property values and the General Fund operating budget in FY 2010111 as compared to FY 2006107 are essentially the same, $22.7 billion versus $22.1 billion, and $237.7 million versus $237.5 million, respectively. In addition to reduction and employee givebacks, today's General Fund Operating Budget also reflects greater diversification of revenues since FY 2006107. In FY 2006107, the percentage of the budgeted supported by property taxes paid by Miami Beach property owners was 59 percent. As of FY 201 011 1, the percentage decreased to 47 percent. Of note, the FY 201 1112 proposed General Fund budget net of pension costs, is only about $7.5 million (3 percent) more than the FY 2006107 budget, despite pension increases of $24 million during the same period. Inflation from October, 2006 through June, 201 1, a similar period, was approximately 13 percent. This reflects a decrease across all other expenditures during that time, and even offsetting increases in health and salaries, a growing concern to us, as there is and should be a limit to the proportion of budget allocated to these costs. At this point, pension costs alone represent $52.4 million (22 percent) of the total General Fund budget. As a result, pension reform continues to be a high priorityforthe City, with recommendations anticipated from the Budget Advisory Committee in January, 2012. This timing allows for the recommendation to be incorporated into the next set of contract negotiations which will begin next summer. Further, while a significant portion of property taxes in our City are collected from hotels, restaurants and other businesses; a significant source of revenue to the General Fund is from non-property tax tourism and business-related sources which have increased steadily over the years. The Proposed Work Plan and Budget includes resort taxes and a transfer of Parking Operations Fund year-end surplus as well as Parking Operations Fund reimbursements and right-of-way fees paid to the General Fund that total almost $37 million; approximately 15 percent of the Proposed General Fund FY 201 1112 Budget. In large part due to these alternative sources, property tax revenues represent less than half (45 percent) of the total funding for the General Fund budget, as compared to 59 percent in FY 2006107, a significant reduction over the past several years. In addition, the FY 201 1112 Proposed Work Plan and Budget incorporates $400,000 in additional funding from the corporate beverage sponsorship agreement approved by the City Commission in July 201 1, pending final negotiations. This $400,000 represents the beginning of $7 million in cash and in-kind payments to the City estimated over the 10 years of the agreement as we continue to pursue options to reduce the tax burden on our residents and commercial property owners. At the time of adoption of the proposed millage in July, it was estimated that the City had a gap of $5.4 million, a significantly improved position from the estimated gap of $32 million at the same time in the development of the FY 2010111 budget. Between setting the preliminary millage in July and finalizing the Proposed Work Plan and Budget, as we committed to do, we refined our projections. Our revenues, in particular, tend to have greater fluctuations than expenditures, and we are conservative early in the process and Adopting Tentative Budgets September 14,201 1 Page 8 refine these projections over the summer. Changes since July include increased revenue estimates (primarily building development process fees, and rents and leases, offset by decreased interest earnings). As a result, the projected gap has been reduced to $4 million. The major components of the gap are explained below. $1.9 million increase to reflect previously bargained salary adjustments for employees $0.3 million increase in overtime cost primarily due to increases in Police court overtime. $4.2 million increase in the General Fund portion of the City's annual required contributions to the Fire and Police ($2.2 million) and General Employees ($2 million) pension plans. e $2.8 million increase in health insurance costs. $1 .I million Increase in Internal Service Fund charge-backs primarily due to similar increases in salary and pension costs as described above. $0.8 million in reduced property tax revenues. These are partially offset by: $0.7 million reduction in operating expenditures. $6.4 million in increased non property tax revenues. Together, salaries and fringes charged directly to the General Fund represent approximately 73 percent of the total current service level (CSL) General Fund budget of $247 million, (including the impacts of meritlsteps increases, and pension contributions). It is important to note, that the approximately $27 million in other operating costs (1 1 percent of CSL budget) reflects a decrease of approximately $700,000. This savings reflects the results of various cost savings initiatives by the City such as re-bidding contracts, careful review of department line item expenditures, and other efficiencies. Approximately $4 million of the $6.4 million increase in non property tax revenues was planned for at the time of the adoption of the FY 201011 1 budget, through increased transfers from prior year Parking Operating Fund surplus and sidewalk cafe fee revenue. The remainder reflects improving conditions in the City of Miami Beach, including sales taxes, building development process fees, and rents and lease revenues. Exhibits A through E to my budget message provide a summary of the efficiencies/reorganizations, service reductions, revenue enhancements, and service enhancements considered as part of the development of the proposed FY 201 1/12 Work Plan and Budget. As a result of these initiatives, the proposed budget continues our focus on providing "value of services for tax dollars paid" by continuing to provide services to the community free of charge or at significantly reduced fees, including free arts and movies in the parks, free access to pools and youth centers, reduced fee recreation programming, etc. - the services that our residents and businesses told us yet again are important to them during the 2009 Community Satisfaction Survey. Further, the approximately $4 million gap between Current Service Level revenues and expenditures has been addressed through the efficiencies and reductions, in addition to transferring special event like expenditures to the resort tax fund and increasing resort tax revenue transfers into the General Fund. $0.4 million Efkiencies and Reductions Adopting Tentative Budgets September 14,201 1 Page 9 $2.1 million Expenditures more appropriately funded from the Resort Tax Fund $2.0 million Increased transfers from Resort Tax to the General Fund This leaves approximately $0.5 million of revenues in excess of expenditures that allows for some modest enhancements in response to community priorities, provides funding for adjustments to the living wage requirements for contracted services, and provides approximately $89,000 in additional operating contingency. $0.3 million Senlice Enhancements $0.1 million Living Wage adjustments $0.1 million Additional Contingency Use of One-Time Revenues The City's policy regarding use of one-time revenues states that "The City of Miami Beach will use one time, non-recurring revenue for capital expenditures or one time expenditures and not subsidize recurring personnel, operations, and maintenance cost". The FY 201 1112 Proposed Work Plan and Budget includes the use of $3.55 million in year- end surplus (revenues in excess of expenditures) from FY 2009110 year- end and the FY 201 011 1 mid-year budget amendment that was set aside for possible use in balancing the FY 201 1/12 budget, as needed. As a result, it is recommended that the Commission waive this pdlicy for this use of prior year-end surplus. A similar amount ($3.66 million) was included in the adopted FY 201011 1 budget. While this is generally not a recommended financial practice, it is being recommended at this time so as to allow for a gradual decline in the use of one-time revenues over the next few years. Please note that this recommendation is made cautiously. As with the FY 201011 1 budget, it is my intention to expend these dollars last during the fiscal year, so that if any savings are achieved throughout the year, the amount of funds needed from this source will be reduced, in which event the funds will be available to be used in subsequent fiscal years. PROPOSED FY 2011112 ENTERPRISE FUND BUDGETS Enterprise Funds are comprised of Sanitation, Water, Sewer, Stormwater, Parking, and Convention Center Departments. The Proposed FY 201 1/12 Enterprise Funds Budget is $1 57.4 million. This represents an increase of $1.6 million from the FY 201 011 1 Enterprise Fund Budget, an increase of 1 percent. In addition to increases in $1.6 million in pension and internal service charges, the primary drivers of this increase are the following: An additional $5.5 million is in other costs in the Parking Operating Fund primarily due to: o a $1.6 million increase in salaries, health insurance, and funding for post retiree health similar to increases in the General Fund o a $1 -4 million decrease in other operating costs o a $3.6 million increase in the prior year Parking Operating Fund surplus transfer to the General Fund, from $3.6 million to $7.2 million, and Adopting Tentative Budgets September 14,201 1 Page 10 o a $1.7 million increase in the transfer to Parking Reserves from $3.6 million in the FY 201011 1 adopted budget to $5.4 million in the FY 201 1112 proposed budget. $5.8 million in debt service due to $4.4 million anticipated with the issuance of approximately $50 million in Stormwater bonds in FY 201 111 2 as well as an increase of $1.4 million for the second year of debt service for the series 2009 Stormwater bonds. $0.7 million due to increase in the County wholesale rate for sewer. These increases are offset by a $9.2 million decrease in transfers to the Water, Sewer and Stormwater rate stabilization funds and a $3 million decrease in sewer wholesale payments (prior to the fee increase) to Miami-Dade County as compared to budget. Of note, the transfers to the rate stabilization fund are made for debt coverage purposes only so that the net revenues at year-end are sufficient to exceed the bond coverage requirements. Since they are not anticipated to be needed to cover expenditures, they are projected to return to the water and sewer rate stabilization funds at year end and are then available for debt coverage calculations in the following year. Further, the Miami-Dade County wholesale rate increase of 1.092 cents per thousand gallons, results in an average increase of $1.21 per month based on an average of 1 1,000 gallons per month. The sanitation fee impact is 37 cents per household per month. PROPOSED FY 2011112 INTERNAL SERVICE FUND BUDGETS Internal Service Funds are comprised of the Central Services, Fleet Management, Information Technology, Risk Management and Property Management Divisions. The Proposed FY 201 1/12 Internal Service Fund budget is $54.3 million. This represents an increase of $1.9 million (4 percent) from the FY 201 011 1 budget, primarily due to increases in salary, pension and health cost similar to those described in the General Fund. These costs are completely allocated to the General Fund and Enterprise Fund departments, and the Risk Management Fund reimburses the General Fund for the cost of legal services. The Property Management Fund includes the modest reduction in janitorial services offset by the purchase of a Vacuum Truck for the enhanced maintenance of Beach Showers and the additional $50,000 in contractual support for40 year building recertification's required by Miami-Dade County Code. Adopting Tentative Budgets September 14,201 1 Page 11 CONCLUSION In summary, the proposed FY 201 1112 General Fund operating budget maintains current service priorities for the community, despite property tax rates set at 1.2 mills (16 percent) lower than FY 2006107 when property values were similar to the 201 1 certified values. The Administration recommends adoption of the attached Resolution which establishes tentative budgets for General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and Internal Service Funds for FY 201 1/12, subject to a second public hearing scheduled on Tuesday, September 27,201 1 at 5:01 P.M. Attachment RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING TENTATIVE BUDGETS FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM TAXES, ENTERPRISE, AND INTERNAL SERVICE FUNDS FOR FISCAL YEAR 2011112 SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27,201 1 AT 5:Ol P.M. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that the City of Miami Beach hereby adopts tentative budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and Internal Service Funds for Fiscal Year 201 1/12 as summarized and listed below, subject to a second public hearing scheduled at 5:Ol P.M., Tuesday, September 27, 201 1. G.O. DEBT INTERNAL REVENUES GENERAL SERVICE RDA ENTERPRISE TOTALS SERVICE GENERAL OPERATING REVENUES Ad Valorem Taxes Af Valorem - Sogh Pointe Costs Ad Valorem - Capital Renewal & Repl. Ad Valorem Taxes - Normandy Shores Other Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Interest Rents and Leases Miscellaneous Other - Resort Tax Contribution Reserves- Buildiing Dept Operations Other - Non Operating Revenues FY 09 Surplus Set Aside Prior Year Surplus From Parking Op Fund Sub-total. G.O. DEBT SERVICE FUND Ad Valorem Taxes Sub-total FUND TOTAL RDA FUND-City TIF only AD VALOREM TAXES Property Taxes-RDA City Center (net) FUND TOTAL ENTERPRISE FUNDS Convention Center Parking Sanitation Sewer Operations Storm Water Water Operations FUND TOTAL INTERNAL SERVICE FUNDS Central Services Fleet Management Information Technology Property Management Risk Management FUND TOTAL TOTAL ALL FUNDS APPROPRIATIONS G.O. DEBT INTERNAL FUNCTIONIDEPARTMENT GENERAL SERVICE RDA ENTERPRISE TOTALS SERVICE MAYOR & COMMISSION $ 1,584,212 $ 1,584,212 ADMINISTRATIVE SUPPORT SERVICES ClTY MANAGER Communications BUDGET & PERFORMANCE IMPROV FINANCE Procurement Information Technology HUMAN RESOURCESILABOR RELATIONS Risk Management ClTY CLERK Central Services ClN AlTORNEY ECONOMIC DEV. & CULTURAL ARTS Economic Development REAL ESTATE, HOUSING & COMM DEV. Homeless Services BUILDING PLANNING Cultural Arts TOURISM & CULTURAL DEV Tourism & Cultural Development CONVENTION CENTER OPERATIONS Code Compliance Community Sewices PARKS & RECREATION PUBLIC WORKS Property Management Sanitation Sewer Stormwater Water CAPITAL IMPROVEMENT PROJECTS PARKING FLEET MANAGEMENT PUBLIC SAFETY POLICE FIRE CITYWIDE ACCOUNTS CITYWIDE ACCTS-Normandy Shores CITYWIDE ACCTS-Operating Contingency CITYWIDE ACCTS-Other Transfers Capital Investment Upkeep Fund Info & Comm Technology Fund CAPITAL RENEWAL & REPLACEMENT G.O. DEBT SERVICE RDA-City TIF only City Center (Net) TOTAL -ALL FUNDS PASSED and ADOPTED this 14th day of Seotember, 201 1. MAYOR ATTEST: CITY CLERK MIAMIBEACH Ciiy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov Jorge M. Gonzalez, Ciiy Manager Tel: 305-673-701 0, Fax: 305-673-7782 August 3 1, 201 1 Honorable Mayor Matti Herrera Bower and Members of the City Commission: I am pleased to transmit the Proposed Work Plan and Operating Budget for Fiscal Year (FY) 201 1 /12, commencing on October 1, 201 1 and ending on September 30, 201 2 (Proposed Work Plan and Budget), including the Proposed Work Plan, the Proposed Operating Budget, the Proposed Capital Budget, and the associated Capital Improvement Program for FY 201 1/12 through FY 201 5/16. The total Proposed General Fund Operating Budget is $245,175,3 1 8, which is $7.7 million or 3 percent more than the FY 201 0/11 adopted budget of $237,5 18,1 14. Further, General Fund reserve levels as of September 30, 2010 for the 1 1 percent emergency reserve and the 6 percent contingency goal was a total of $38.6 million. The General Fund 11 percent requirement for FY 201 1 /12 based on the proposed operating budget net of capital transfers is $26.7 million, resulting in $1 1.9 million (a 4.9 percent additional contingency), if there are no additional changes in fund balance, and no additional transfers made. The City's Proposed operating budget in total for FY 201 1 /12 is $425,633,275 including the General Fund, General Obligation Debt Service, Enterprise Funds and Transfers to the Redevelopment District. This reflects an increase of $9.1 million, 2 percent, over the prior year total adopted operating budget of $41 6/51 2,891. In addition, the budget for Internal Service Funds, which are wholly supported by transfers from the General Fund, Enterprise Funds and the Redevelopment District, is $54,349,331, an increase of $1.9 million, 4 percent, over the prior year total adopted operating budget of $52,434,877. FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 20 1 1 Page 2 The City of Miami Beach has experienced significant change in the last several years, due to changes in property tax legislation, property values that first increased and then declined, and increasing pension plan contributions due to the downturn in the investment market. However, property values and the General Fund operating budget in FY 2010/11 as compared to FY 2006/07 are essentially the same, $22.7 billion versus $22.1 billion, and $237.7 million versus $237.5 million, respectively. Since their peak in FY 2007/08, property values Citywide have declined almost $4.9 billion, approximately 18 percent, despite almost $3 billion in new construction added to the roll. Without the new construction, the decline in values would be even greater, at 29 percent. Outside the City Center RDA, which impacts General Fund Property Tax revenues, the decline in values is even more significant at 20 percent, even after new construction. Between FY 2007/08 and FY 2010/11, the General Fund absorbed more than $41 million in reductions (almost 20 percent of the $237 million FY 2010/1 1 General Fund budget) and reductions of approximately $47 million and 260 positions across all funds. Combined with more than $15 million in employee "give-backs" between FY 2009/10 and FY 201 0/1 1, this represents more than $62 million in combined "aivebcrcks" and reducfions over 4 Years. * FY 201011 I Budget included reductions for contracting outlconverting positions to part-time mid-year, resulting in $221,901 in department savings offset by increased operating contingency in the General Fund. These were not implemented and the FY 2010l11 reductions shown above exclude these "Plan B" reductions ** The City Center RDA also includes the reduction of 1 full time position as part of minimal service impact efficiencies (4 full time positions as part of "Plan B were not implemented) General Fund Public Safety Operations Administrative Support Econ & Cultural Dev Citywide Subtotal Reductions Transfers Total General Fund Reductions Internal Sewice Funds Enterprise Funds GRAND TOTAL REDUCTIONS** Estimated Employee Givebacks GRAND TOTAL REDUCTIONS AND GIVEBACKS Total 4-Year $ Impacts $ (7,282,340) (5,716,536) (2,797,510) (1,193,426) (1,392,642) $ (18,382,454) $ (22,734,851) $ (41,117,305) $ (3,398,225) (2,558,728) $ (47,074,258) $ (15,297,085) $ (62,371,343) Reductions* FT (69.0) (59.5) (31.9) (17.0) (177.4) (177.4) (37.1) (31.5) (246.0) (246.0) PT 1.0 (23.0) (22.0) (22.0) 8.0 (14.0) (14.0) FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 3 In addition to reduction and employee givebacks, today's General Fund Operating Budget also reflects greater diversification of revenues since FY 2006/07. In FY 2006/07, the percentage of the budgeted supported by property taxes paid by Miami Beach property owners was 59 percent. As of FY 201 0/1l, the percentage decreased to 47 percent. It is important to remember that in prior years, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY 1999/00 and FY 201 0/11 , property tax rates declined approximately 2.2 mills. In FY 2007/08 alone, the property tax rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property of over $400. In addition, in FY 2005/06 and FY 2006/07, the City funded $200 and $300 homeowner dividends paid to homesteaded property owners in the City. Further, the per capital tax levy was $1,649 for FY 2006/07 as compared to an estimated $1,276 for FY 201 0/1 1, a decrease of $374, per resident, or 23 percent. FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 4 Total Combined Millage z! - Millage Rate Q, - 00 -3 h -- I a, *-: z' -: - f * -- m -- N -- l4 -- 98 99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 11 Fiscal Years Miami Beach continues to provide more tangible value for tax dollars paid than many other taxing jurisdictions. In FY 201 0/1 1, it is estimated that the homesteaded property owner of an average value homesteaded property would have paid approximately $1,700 in property taxes to the City (28 percent of the tax bill) as compared to over $4,000 to the County, the school board and other local taxing jurisdictions. For comparative purposes, it is estimated that in FY' 2009/10, a homesteaded property owner of an average value property would have paid approximately $2,400 in sales taxes to the state, and approximately $7,000 in income taxes to the Federal government. Despite this significant reduction and despite increases in costs such as pension, living wage impacts, fuel, and other operating expenses, the City of Miami Beach has essentially kept services and enhancements that were added through FY 2006/07 to address needs and priorities identified by the community. We have continued to focus on priorities: public safety, cleanliness, landscaping and beautification, recreation and cultural arts programming, renewal and replacement funding for our facilities, building/development functions, and structural changes that enhanced capital funding and reserves, while bringing on line several capital projects with expanded operations and maintenance and resulting increases in operating costs for facilities as shown such as by the examples provided below: North Shore Park and Youth Center South Pointe Park, Soundscape Park Collins Parks and surrounding neighborhood streetscapes Bandshell Facility improvements Normandy Shores Golf Course Normandy Isle Park and Pool Beachfront Bathrooms Colony and Byron Carlyle Theatres o Beachwalk and Baywalk e Multiple streetscapes FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 5 As a result, we have been able to achieve significant value to our community. The median taxable value for a homesteaded property on Miami Beach as of January 1, 201 0 was $1 19,461, resulting in $774 in total taxes paid to the City of Miami Beach, with half the properties paying even less than this. In fact, 6 percent of homesteaded properties, almost 1,000 properties, pay no taxes at all to the City of Miami Beach. Of note, the FY 201 1 /12 proposed General Fund budget net of pension costs, is only about $7.5 million (3 percent) more than the FY 2006/07 budget, despite pension increases of $24 million during the same period. Inflation from October, 2006 through June, 201 1, a similar period, was approximately 13 percent. This reflects a decrease across all other expenditures during that time, and even offsetting increases in health and salaries, a growing concern to us, as there is and should be a limit to the proportion of budget allocated to these costs. At this point, pension costs alone represent $52.4 million (22 percent) of the total General Fund budget. As a result, pension reform continues to be a high priority for the City, with recommendations anticipated from the Budget Advisory Committee in January, 201 2. This timing allows for the recommendation to be incorporated into the next set of contract negotiations which will begin next summer. Further, while a significant portion of property taxes in our City are collected from hotels, restaurants and other businesses; a significant source of revenue to the General Fund is from non- property tax tourism and business-related sources which have increased steadily over the years. The Proposed Work Plan and Budget includes resort taxes and a transfer of Parking Operations Fund year-end surplus as well as Parking Operations Fund reimbursements and right-of-way fees paid to the General Fund that total almost $37 million; approximately 15 percent of the Proposed General Fund FY 201 1 /12 Budget. In large part due to these alternative sources, property tax revenues represent less than half (45 percent) of the total funding for the General Fund budget, as compared to 59 percent in FY 2006/07, a significant reduction over the past several years. In addition, the FY 201 1/12 Proposed Work Plan and Budget incorporates $400,000 in additional funding anticipated from the corporate beverage sponsorship, the beginning of $7 million in cash and in-kind payments to the City estimated over the 10 years of the agreement as we continue to pursue options to reduce the tax burden on our residents and commercial property owners As in past years, the Proposed Work Plan and Budget was developed through an intensive review process with our City Commission. Commission Retreats were held on May 20, 201 1 and May 21, 201 1. Preliminary budget information was provided to the Commission and budget strategies and priorities were established. Between June 29, 201 1 and July 29, 201 1, three additional budget briefings were held with the Finance and Ciiywide Proiects Committee, including a FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 20 1 1 Page 6 discussion of capital proiect priorities, projected General Fund revenues and expenditures, proposed efficiencies, impacts of service level alternatives, potential revenue enhancements, and potential service enhancements. In addition, the Mayor and several Commissioners individually reviewed budgets for Police, Fire, Parks and Recreation and the Building department. The City's Budget Advisory Committee also provided additional input, with individual members reviewing specific department budgets for Police, Fire, Parks and Recreation, Building, Capital Improvements Office, Information Technology, Property Management, and Communications departments. At the time of adoption of the proposed millage in July, it was estimated that the City had a gap of $5.4 million, a significantly improved position from the estimated gap of $32 million at the same time in the development of the FY 201 0/1 1 budget. Between setting the preliminary millage in July and finalizing the Proposed Work Plan and Budget, as we committed to do, we refined our projections. Our revenues, in particular, tend to have greater fluctuations than expenditures, and we are conservative early in the process and refine these proiections over the summer. Changes since July include increased revenue estimates (primarily building development process fees, and rents and leases, offset by decreased interest earnings). As a result, the proiected gap has been reduced to $4 million. The major components of the gap are explained below: $1.9 million increase to reflect previously bargained salary adiustments for employees $0.3 million increase in overtime cost primarily due to increases in Police court overtime. $4.2 million increase in the General Fund portion of the City's annual required contributions to the Fire and Police ($2.2 million) and General Employees ($2 million) pension plans. $2.8 million increase in health insurance costs. $1.1 million Increase in Internal Service Fund charge-backs primarily due to similar increases in salary and pension costs as described above. $0.8 million in reduced property tax revenues. These are partially offset by: $0.7 million reduction in operating expenditures. $6.4 million in increased non property tax revenues. Together, salaries and fringes charged directly to the General Fund represent approximately 73 percent of the total current service level (CSL) General Fund budget of $247 million, (including the impacts of merit/steps increases, and pension contributions). It is important to note, that the approximately $27 million in other operating costs (1 1 percent of CSL budget) reflects a decrease of a~~roxirnatelv $700.000. This savings reflects the results of various cost savings initiatives by the City such as re-bidding contracts, careful review of department line item expenditures, and other efficiencies. Approximately $4 million of the $6.4 million increase in non property tax revenues was planned for at the time of the adoption of the FY 201 0/11 budget, through increased transfers from prior year Parking Operating Fund surplus and sidewalk caf6 fee revenue. The remainder of reflects improving conditions in the City of Miami Beach, including sales taxes, building development process fees, and rents and lease revenues. FY 201 1/12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 7 Exhibits A through E provide a summary of the efficiencies/reorganizations, service reductions, revenue enhancements, and service enhancements considered as part of the development of the proposed FY 201 1 /12 Work Plan and Budget. As a result of these initiatives, the proposed budget continues our focus on providing "value of services for tax dollars paid" by continuing to provide services to the community free of charge or at significantly reduced fees, including free arts and movies in the parks, free access to pools and youth centers, reduced fee recreation programming, etc. - the services that our residents and businesses told us yet again are important to them during the 2009 Community Satisfaction Survey. Further, the approximately $4 million gap between Current Service Level revenues and expenditures has been addressed through the efficiencies and reductions, in addition to transferring special event like expenditures to the resort tax fund and increasing resort tax revenue transfers into the General Fund. $0.4 million $2.1 million $2.0 million Efficiencies and Reductions Expenditures more appropriately funded from the Resort Tax Fund Increased transfers from Resort Tax to the General Fund This for approximately $0.5 million of revenues in excess of expenditures that allows for some modest enhancements in response to community priorities, provides funding for adiustments to the living wage requirements for contracted services, and provides approximately $89,000 in additional contingency. $0.3 million $0.1 million o $0.1 million Service Enhancements living Wage adjustments Additional Contingency Efficiencies, Reductions, and Revenue Enhancements versus Service Enhancements As with the preparation of budgets for the last four years, departments are continuing to analyze and present their budget from two perspectives: 1) reviewing for potential efficiencies, reorganizations to reduce cost, etc., without impacting services; and 2) performing a modified sero- based analysis of each department budget, identifying potential service reduction alternatives versus core functions. For each of the potential service reductions, departments provided the type of impact and the magnitude of the impact. Core functions were defined as those functions which, if cut, render it impossible for the department to provide basic service at a reasonable level. However, given the significant reductions in the General Fund in the last 4 years, most of the reductions identified for FY 201 1/12 are more focused on Enterprise Funds. While these do not impact the General Fund millage and property taxes paid by Miami Beach property owners, reductions in these Funds in prior years has enabled us to keep the City portion of utility user fees flat longer than previously anticipated. FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 8 Increased use of Resort Tax Funds to Offset Expenses Currently in the General Fund Based on an outside consultant study conducted in 201 0 using FY 2007/08 actual costs, it is estimated that there are approximately $50.5 million in eligible resort tax expenditures in the General Fund. These include expenses associated with police officers serving entertainment areas; a portion of fire rescue services from Fire Stations 1 &2; ocean rescue services; enhanced code compliance provided to respond to evening entertainment area violations and staffing of special events; other code compliance activities in tourism and visitor related facilities/areas; Tourism and Culture Department and the Cultural Arts Council; museums and theaters (Garden Center, Bass Museum, and Colony Theater); golf courses (net of revenues); Memorial Day and other special event costs; homeless services; July 4th; Visitor Center funding; holiday lights; Jewish Museum; Miami Design Preservation League (MDPL) Orange Bowl; monuments; etc. However, $8.8 million of these costs are addressed by dedicated funding for the South Pointe area pursuant to the Miami-Dade County Convention Development Tax interlocal agreement, thereby resulting in approximately $41.7 million in eligible Resort Tax expenses in the General Fund. Based on FY 201 0/1 1 resort tax collections to date, it is estimated that there will be an additional $4.2 million available in resort tax collections to provide additional funding for these General Fund activities in FY 201 1 /12. The Proposed Work Plan and Budget includes approximately $2.1 million in special event like expenditures, which can be easily quantified and do not require allocation studies, are more appropriately charged directly to the Resort Tax Fund. Further, it is recommended that an additional $2 million in Resort Tax funds be transferred to the General Fund to offset other tourism- eligible expenses in the General Fund, with approximately $82,000 remaining in the Resort Tax Fund to fund an initiative for enhanced management of maior special events. The total proposed Resort Tax Fund transfer to the General Fund for FY 201 1 /12 is $26.5 million compared to $24.5 million in FY 2010/1 1. Other Potential Reductions or Revenue Enhancements In the July 13, 201 1 Commission agenda item setting the preliminary millage for FY 201 1/12, 1 mentioned a couple of additional opportunities to further reduce expenditures or increase revenues including a decrease in funding for Claims Incurred but Not Reported (IBNR) in the Risk Management Fund, which ultimately impacts the General Fund, as well as the potential for increased transfers from the Building Operations Reserve. In addition, due to a change in approach by the State Division of Retirement, there is the potential for the City to realize a credit on its FY 201 0/1 1 Annual Required Contribution to the Fire and Police Pension Plan as well the Miami FY 201 1/12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 9 Beach Employees Retirement Plan which could be used to reduce expenses in future years. However, the amount of this credit will not be known until September 30, 201 1, after the FY 201 1 /12 budget is adopted. Further, given recent events, no decreases in funding for IBNR claims or pension plans are recommended at this time. Recent events have resulted in greater uncertainty in the future of the City's IBNR claims and the recent downturn in the stock market could lead to further increases in pension funding requirements for FY 2012/13. Therefore, it is recommended that any credit on the FY 201 0/1 1 pension contribution requirement, be set aside to reduce potential pension increases in FY 2012/13. The amount of non-permit fee funding that the General Fund is having to contribute in support of Building Department operations has been increasing as costs have increased while revenues collections remain essentially at FY 2007/08 levels. However, at this time I am not recommending increases in transfers to the General Fund from Building Operations Reserves. Building Department permit revenues reflect an increase since the FY 201 1/12 CSL budget was presented to the Commission at the July 13, 201 1 meeting. In addition, maintaining the current level of transfer from the Building Operations Reserve to the General Fund will ensure that the use of Building Operations Reserves will be available at essentially current levels through FY 201 2/13. FY 200911 0 Actual FY 201 111 2 FY 2011112 Preliminary CSL Proposed Budget Finally, it is my intent to continue to examine opportunities to further reduce costs between now and the first budget hearing scheduled for September 14, 201 1. Any changes to the proposed budget will be incorporated into the Commission agenda item at that time. Use of One-Time Revenues The City's policy regarding use of one-time revenues states that "The City of Miami Beach will use one time, non-recurring revenue for capital expenditures or one time expenditures and not subsidize recurring personnel, operations, and maintenance cost". The FY 201 1/12 Proposed Work Plan and Budget includes the use of $3.55 million in year-end surplus (revenues in excess of expenditures) from FY 2009/10 year- end and the FY 201 0/11 mid- year budget amendment that was set aside for possible use in balancing the FY 201 1 /I 2 budget, as needed. As a result, it is recommended that the Commission waive this policy for this use of prior year-end surplus. A similar amount ($3.66 million) was included in the adopted FY 201 0/1 1 budget. While this is generally not a recommended financial practice, it is being recommended at this time so as to allow for a gradual decline in the use of one-time revenues over the next few FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 10 years. Please note that this recommendation is made cautiously. As with the FY 201 0/1 1 budget, it is my intention to expend these dollars last during the fiscal year, so that if any savings are achieved throughout the year, the amount of funds needed from this source will be reduced, in which event the funds will be available to be used in subsequent fiscal years. In 2009, the City of Miami Beach conducted its third set of statistically-valid community surveys. The Community Survey was designed to provide resident input on quality of life, city services, and taxes; and to identify key drivers for improvement. Impressively, all 3 1 of the residential tracking questions from 2007 experienced increases in each of the areas measured by an overall average of approximately 7.0%; and 28 of 32 business tracking questions experienced increases measured by an overall average of approximately 8.8%. It is unusual for an entity to see improvement across such a broad range of areas, and the significant percentage increase in each of these areas is even more unusual. These results indicate a high level of satisfaction with Quality of Life in Miami Beach and the services provided by the City. Detailed survey results are available on the City's website and in the Strategic Planning section of the FY 201 1 /12 Proposed Work Plan and Budget in Brief document. CITYWIDE WORK PLAN A summary of our Citywide Work Plan is attached (Exhibit F) for your review along with the highlights presented on the following pages. Cleaner and Safer The resident surveys in 2005, 2007 and 2009 confirmed that safety is one of the top quality of life factors for our residents. In contrast to recent trends, in 2010, the City of Miami Beach experienced an increase (2.80 percent) in total violent crimes and non-violent crimes combined, when compared to 2009. Of significance, however, while non-violent crimes (which include burglary, larceny and auto theft) increased 3.60 percent, violent crimes declined 4.64 percent. Despite the recent increase, there has been a 21.85 percent decline in total violent crimes and non-violent crimes since 2000 in light of the increase in daily population and special events. Despite this long term trend, the Miami Beach crime rate is slightly above the latest total nationwide violent crimes and non-violent crimes reported by the FBI for the first six months of 2010. Nationwide, violent crime declined by 6.2 percent and property crimes declined by 2.8 percent. FY 201 1/12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 1 1 The Proposed Work Plan and Budget maintains 2 marine officers added in FY 2005/06; the use of Patrol officers for the Neighborhoods contact program initiated in FY 2005/06; and lifeguard coverage for 100% of our publicly accessible beaches. The Proposed Work Plan and Budget does not recommend any reductions in public safety in service. However, we are continuing to evaluate lifeguard stand staffing during non-peak hours and the use of contracted security personnel for additional efficiencies. Cleanliness of our City continues to be a priority for our residents and businesses. We will maintain expanded services that have been implemented in recent years, The City uses a quantitative index to assess the impact of these efforts and results have shown significant overall improvement. Between FY 2005/06 and FY 2009/10, 79.4 percent of public areas Citywide were rated as clean or very clean as compared to 65.2 percent in FY 2005/06. None-the-less, our residents continue to view cleanliness as an important service area, and in the 2009 survey, it was cited as the most important service to retain. As a result, no reductions in service levels are recommended in existing sanitation services, and additional funding is proposed for enhanced cleaning of heavily used parking lots using contractual services. More Beautiful and Vibrant; Mature and Stable; Unique Historic and Urban Environment Funding for landscaping and beautification continues to be a priority. During FY 201 0/1 1 the City completed the construction of the Mid-Beach Community Garden within Pinetree Park and the dog park at Washington Avenue, as well as the renovation of fitness facility at Brittany Bay Park. We also completed the construction of Outdoor Fitness Center at 6th Street and Ocean Drive within Lummus Park and the new multi-faceted playground with safety surfacing and a shade structure at South Pointe Park. Additionally we have begun the construction of the North Beach Dog Park which is anticipated to be complete by December, 201 1. Of major significance, during FY 201 0/1 1 the City completed the construction of the nationally recognized and award winning Soundscape Park and the FY 201 1/12 budget incorporates funding for the maintenance of the newly installed landscaping for South Pointe and for the City Center areas as well as maintenance of the Soundscape Park. As part of the City's reforestation program, 400 trees were planted Citywide bringing the reforestation program total to 4,250 trees installed to date. Further, in addition to ongoing re- forestation efforts, the following proiects are programmed to be underway in Fiscal Year 201 1 /12: Fire Station #3 Landscape Restoration North Beach Police Sub-station Landscape Restoration FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 12 Fairway Drive swale Irrigation NSPYC-Sports Field Restoration Polo Park-Sports Field Restoration is currently in the design phase. Restorative Tree Wells on Collins from 64lh to 7Sh Replacement of the Fisher Park Playground, safetysurface, and the installation of a shade system Installation of a new playground, safety surface, shade system and FF&E at Indian Beach Park located on 46Ih and Collins on the beach , Replacement of safety surfacing Lummus Park Playground at 1 4'h Street The Proposed Work Plan and Budget provides almost $200,000 in funding for reforestation, replacement of landscaping, pavers, uplighting, etc. through the Capital Investment Upkeep Account. The availability of quality recreation programs continues to be one of the highest priorities for our community. Eighteen percent of residents responding to the 2009 Community Satisfaction Survey identified recreation as a service that the City should strive not to reduce. I am please to present a Proposed Work Plan and Budget that reflects no reductions in our offering of recreation programs. Successful recreation programs for teens and seniors also continue to be a priority, along with weekly classes in visual or performing arts in after school programs and summer camps. Further, efforts are underway for a "Sleepness Night" event in November 201 1, which will be funded from sources other than the General Fund. Ensuring compliance with code regulations was highlighted as a priority, during last fiscal year,, especially with regard to littering on the beaches on weekends, spring break, etc. The nine part time code enforcement officers added in FY 201 0/11 continue to support these efforts. Homeless outreach and placement services are expanded to provide part-time staffing on weekends. While much was accomplished between 2000 and 2008, with the census count for the number of homeless in the City declining from 3 14 in November 2000 to 98 in January 2008, the census count has been more erratic in recent years, with counts of 149 in January 201 0 and 177 in January 201 1. Cultural, Entertainment and Tourism Capital and an International Center for Innovation and Business After lengthy negotiations, in FY 2008/09, the Board of County Commissioners approved Building Better Communities General Obligation Bond funds for a Master Plan Study for the Miami Beach Convention Center (MBCC) to be developed by Arquitectonica. The Master Plan was completed in FY 2010/11 and all information has been published online at http://www.miamibeachfl.aov/news/scroll.aspx?id=58484. The City continues to pursue various funding options for the master plan and also issued an RFP on May 24, 201 1, for a consultant who will conceptualize and recommend ideas and options to maximize the City's resources assets and attract private investments to address identified needs, including but not limited to: the expansion FY 20 1 1 / 1 2 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 13 and enhancement of the Convention Center, and the potential development of an adjacent Convention Center Hotel. The consultant may also identify potential redevelopment options for public assets in the area surrounding the Convention Center campus to support the Convention Center project. A synopsis of the anticipated timeline is as follows: September 201 1 Award of contract to selected consultant 0 Begin new briefing and discussion with new County Mayor and new County Commissioners regarding MBCC Master Plan and Financing Alternatives. Fall /Winter 201 1 Review information provided by consultant and determine methodology and approach for next steps of development, such as procurement strategies (e.g. design competition, RFP, RFQ, etc.) and program management options. Restart State legislative efforts and alternatives. In addition, the Resort Tax component of the Proposed Work Plan and Budget maintains $5.25 million to be transferred to the Greater Miami Convention and Visitors Bureau and $1.8 million to be transferred to the Miami Beach Visitors Convention Authority. Further, $1 00,000 is funded to continue a Miami Beach marketing campaign, towards maximizing Miami Beach as a destination brand and $82,000 for enhanced management of maior events. Well-Improved Infrastructure Along with, and related to, growth management, traffic flow continues to be one of our community's major concerns. In FY 201 1/12, while discontinuing the use of Police Officers on overtime to enforce "Clearing of Lanes, Easements and Alleyways" (CLEAR), we will continue monitoring of red-light cameras. In addition to reducing severe accidents at intersections, we hope red light camera enforcement will alleviate vehicles blocking traffic at busy intersections. Further, the Self-service Bicycle Rental Program (Deco Bike) implemented this year has increased multi-modal mobility throughout the City, in addition to supporting environmental sustainability. We adopted the City's first Bikeways Master Plan in October 2007, and an estimated 244 bike racks have been installed to date. We have also adopted the City's Traffic Calming Manual in June 201 1. The criteria in City's Traffic Calming Manual has a lower threshold than the County. This will allow the implementation of more traffic calming devices throughout the City. Traffic calming ensures the development of a safe, efficient and integrated transportation system in the City that promotes neighborhood livability using adequate technical planning and traffic engineering practices. The City continues to coordinate and fund the South Beach Local, the most successful bus circulator in the County. Although ridership has declined from prior years, the average monthly ridership of 141,000 passengers in FY 2010/11 was still significantly greater than the 60,000 in prior years for the Electrowave. The overall decrease in ridership can be attributed to numerous factors FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 14 including a change in the method for collecting ridership data, changes in the economy, and changes in transit service, as the County experienced a system-wide decrease in transit ridership of approximately 10% when comparing summer 2009 ridership data with summer 2010 data. In spite of the ridership decreases, the South Beach Local is Miami-Dade Transit's (MDT) most successful operating bus circulator. In addition, we continue to explore the establishment of similar circulators for the mid and north beach areas. The City has also received a grant from the Miami Dade County Metropolitan Planning Organization for a transit planning study for local transit circulator improvements in the North and Middle Beach neighborhoods. This study will help evaluate existing transit service and recommend solutions to improve quality of transit service. Further, the City has worked with Miami-Dade County to implement the Airport Flyer/Route 150 which provides direct bus service to the airport from Miami Beach seven (7) days per week, operating from 6 a.m. to 1 1 p.m., with service approximately every thirty (30) minutes. The new route uses the regular MDT 40-foot buses with interior space provided for luggage. The buses are branded with a special logo for easy identification and to help promote ridership. The fare is $2.35 each way, which is the fare for all MDT express buses. Since its implementation on December 1 3, 2009, ridership has increased to an average of approximately 1,420 passengers per weekday and an average of over 44,000 passengers per month. The Proposed Work Plan and Budget includes capital funding for ongoing renovation of several parking lots that are anticipated to provide additional parking spaces when complete; the new City Hall garage and the Alton and 5Ih facility provide 1,150 additional parking spaces combined; and construction is complete on the City garage adjacent to the New World Symphony new performing Arts project that provided a significant increase to the number of parking garage spaces in the City Center area. Further, the Sunset Harbor Garage is under construction and we are in the process of soliciting an architect for the design of the Collins Park garage. Implementation of the City's capital improvement program also continues as a top priority. In addition to the previously mentioned parking garages, in FY 2010/1 1, The total value of the Capital Improvement Program (CIP) has grown from approximately $400 million to over $1.2 billion, including approximately 300 completed projects. During FY 201 0/1 1, the CIP Office oversaw the completion of 51 projects, with a total value of approximately $57 million. The completed projects ranged from essential parking garage repairs, seawalls, general facility improvements, underground utility infrastructure rehabilitation, and neighborhood improvements, to magnificent recreational facilities and parks. Projects that were completed in the past year include the following: e Neighborhood Right of Way lmprovements and Underground infrastructure Upgrades o Flamingo Lummus Streets/Sidewalks lmprovements - 7" Street to 9'" Street from Washington Avenue to Meridian Avenue o South Pointe Streetscape Phase II BP 12C Streets/Sidewalks lmprovements - Second, Third and Fourth Streets from Alton Road to Washington Avenue, and include Michigan, Jefferson, Meridian and Euclid Avenues o Venefian Causeway Cross Street Water Main Extensions - Venetian Causeway between Rivo Alto, DiLido and San Marino Islands on Venetian Way FY 201 1/12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 15 o Oceanfront Phase II BP 6 Streets/Sidewalks Improvements - Area west of Collins Avenue bounded by 23rd Street to the South, 63rd Street to the north, and lndian Creek Waterway to the west. Venetian Islands BPI 3C1 - Venetian Causeway Cross Street Water Main Extensions o New World Sym phony/Lincoln Lane North and Pennsylvania Avenue lmprovements Scoit Rakow Youth Center Roof Replacement and Phase II Renovations o New entryway and expanded parking lot o Upgraded life-safety systems, including: alarms, sprinklers and security features and ADA compliance o Various new rooms: soundproof music room, new fitness room, new multipurpose room, new computer room, o Renovated reading room, game room and bowling lane o New floors, ceilings, elevator, restrooms, and snack bar Bandshell Facility lmprovements o Refinishing terrazzo floor and structural canopies o Installing precast decorative open blocks around the perimeter of the facility o Installing soaring pylons that serve as the three public entrances o Installing special materials to enhance outdoor acoustics o New lighting o Expanded backstage facilities, including new dressing rooms and additional storage Collins Park/Rotunda and Streets/Sidewalks lmprovements o New pedestrian walkways and paths to accommodate bicycles o Landscape enhancements o Restoration of the rotunda o Installation of an interactive Art in Public Places by artist Brian Tolle Seawall lmprovements o Lincoln Road Street End o Pine Tree Drive and 63rd Street o Washington Court o Rue Bourdeaux o Trouville Esplanade Utlility lmprovements o Sunset Island 1 - Outfalls 1 and 2 o North Shore Water Mains crossing FDOT Right-of-way along 71 st Street o North Shore Water Main at 69 Street from Harding Avenue to Indian Creek Drive o 24" PVC Sanitary Sewer lmprovements (James Avenue within City Center) o Stormwater Pipe Repairs (Washington Avenue from 1 8Ih to 20th Streets) o Belle Isle Outfall Pipes Replacement Phase I o Upsizing Under-capacity Water Mains on lndian Creek from 25h Street to 41 st Street FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 16 o Pump Station 22 Landscaping Parking lmprovements o Surface Parking Lot 9A at 6948 Harding Avenue The proposed Work Plan and Budget enhances CIP project supervision by adding 2 pool cars and provides supplementary cost estimating and project support, both of which are offset by increased chargeback to capital projects. The following capital projects are already in construction or are anticipated to be in construction in FY 201 1 /12. Neighborhood Right of Way lmprovements and Underground Infrastructure Upgrades o South Pointe Streetscape Phase Ill, IV, & V Streets/Sidewalks lmprovements - Alton Road, Collins Avenue, Collins Court, Ocean Drive and Ocean court between South Pointe Drive and 5" Street, South Pointe Drive, Biscayne Court, Jefferson Avenue, Commerce Street and lSt Street between Washington Avenue and Ocean Drive. o Biscayne Point Streets/Sidewalks lmprovemenfs o Star Island Streets/Right of Way lmprovements o Venetian Islands - Venetian Causeway Streets/Sidewalks lmprovements o City Center Streets/Sidewalks lmprovements - Lincoln Road between Collins Avenue and Washington Avenue o City Center Streets/Sidewalks lmprovements - 16 Street to just south of Dade Boulevard, between Washington Avenue to just east of Collins Avenue o Central Bayshore lmprovements o Sunset Islands 1 and 2 lmprovements o Traffic Signalization Project - 69 Street at lndian Creek Drive o Upsizing Undercapacity Wastewater Lines on Indian Creek from 25th Street to 41 st Street Roadway Milling and Resurfacing Projects o Byron Avenue 79s' Street to 86'h Street o Dickens Avenue from 71" Street to Tatum Waterway Drive o lndian Creek Drive between Abbot Avenue and 71St Street Botanical Garden lmprovements e Sunset Harbor/Purdy Avenue Garage Fire Station 2 (Historic Building and 2 Hose Tower Refurbishment) Convention Center ADA Compliance Improvernents/Restroom Renovations o 7th Street Parking Garage Structural Repairs programmed in FY2008/09 FY 20 1 1 / 1 2 Proposed Work Plan and Budget Message August 31, 201 1 Page 17 The Proposed Work Plan and Budget maintains funding assessments of our facilities to identik and plan for these renewal and replacement needs and funding for the capital renewal and replacement program for general fund facilities. Since the 2004 Resolution establishing a Capital Renewal and Replacement Fund to provide a dedicated source of support for Capital Renewal and Replacement (CRR) projects, over 115 facility projects have been funded, totaling approximately $1 6 million, through FY 201 0/1 1. Twenty seven projects valued at approximately $4 million were completed in FY 2010/1 1. Over 20 additional active projects are in the procurement and construction phases, with a value of approximately $4 million. Facility Improvements/ Renewal and Replacement Projects that were completed in the past year include the following: 1701 Meridian 2nd Floor lmprovements 225 Washington Avenue lmprovements City Hall (Building Department Renovations, Upgrade Halon System, City Hall Southeast Small Passenger Elevator) Fire Station 1 (Acoustical Ceiling and Lighting, Fire Alarm System Replacement, lnterior and Bay Doors Replacement, Replace Exterior Windows to lmpact Resistant, Roof Flashing Replacement, Air Distribution, Exhaust Fan and Window Unit) Fire Station 3 - Ceiling Replacement and Lighting, Overhead Door and lnterior Doors Replacement, Replace Exterior Windows to lmpact Resistant, Air Distribution, Exhaust Fan and Vehicle Bay Exhaust, Roof AC Curbs Replacement) Flamingo Pool Deck - Structural Assessment Fleet Management - Electrical Upgrades Police Garage/Station (Glass Blocks Replacement, Ceiling Replacement Restroom Renovation) South Shore CC Chiller Pipe Replacement Phase I1 Lummus Park Temperature and Date Monument The following renewal and replacement proiects are anticipated to be in construction in FY 201 1/12. Police Building - Elevators Renovation o Fleet/Sanitation Buildings Waterproofing & Paint City Hall lmpact Glass The Proposed Work Plan and Budget maintains funding of the City's pavement assessment and repair program, street light maintenance and assessments, broken sidewalk replacement, and a regular maintenance program for outfall and catch basin cleaning. In addition, while the Proposed Work Plan and Budget provides funding for a Vacuum Truck for enhanced maintenance of beachfront shower facilities, modest reductions in janitorial services in our facilities are also incorporated, particularly for those areas with less public contact. FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 18 Further, the City is developing a new Stormwater Management Master Plan that will create a comprehensive model to evaluate the existing system, identify and prioritize areas that are experiencing reduced Levels of Service, and assess long-term solutions. Value of Services For Tax Dollars Paid With the planned $1.1 5 million in reductions incorporated in the Proposed Work Plan and Budget our 5 year total of reductions and employee Givebacks is approximately $63.5 million. However, despite the dramatic impact of five years of reductions due to property tax reform exacerbated by a dramatic downturn in property values and dramatic increases in pension costs, the Proposed Work Plan and Budget preserves benefits specifically for City of Miami Beach residents, including: Our free "Culture in the Parks" series; Access to free cultural arts programs (theater, dance, music and visual arts) for children involved in after school and summer camps; Scholarship specialty camps in the summer, in addition to children participating in day camps; and programs for traveling athletic leagues. Free access to City pools on weekends and during non-programmed hours; Free general admission to our Youth Centers on weekends and during non-programmed hours; Free Learn-to-Swim programs for 3 to 4 year old residents; Reduced resident rates for recreation programs Free "family friendly" Movies in the Park; Special programming by the Miami City Ballet for the Miami Beach community, including a new contemporary dance series; FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 19 Free admission to museums on Miami Beach, including the Bass and Wolfsonian Museums every day and the Jewish Museum on Wednesdays, Fridays and Saturdays; Free access to the majority of our senior citizen programs and special populations programs, including several free dances that take place throughout the year; Free of charge play at the Par 3 golf course for all residents; Free crime analysis of residents' homes by our Police Department; and e Free child safety seat checks by our Fire Department. We have also prioritized Key lntended Outcomes to ensure the long-term sustainability of our City government, including improved communications with our residents, ensuring financial sustainability and ensuring that we have the best possible employees to deliver services to our community. Environmental Sustainability, Communications, Customer Service and Internal Support Functions Regarding environmental sustainability, the City established a permanent committee in FY 2007/08 called the Sustainability Committee, with the obiective of providing a mechanism to discuss green (environmental) issues of concern to the community. To date, the City has implemented the several initiatives recommended by the Committee: Development of *he Sustainability Plan. The Sustainability Plan will assist in the accomplishment of the Key lntended Outcome (KIO) to enhance the environmental sustainability and guide the Sustainability Committee. The Plan provides structure to green initiatives in order to successfully protect the City's natural resources and enhance the social, economic, and environmental well-being of the community. The Plan focuses on ten (1 0) specific Program Areas: Green Building & Housing; Solid Waste Management; Water Conservation & Quality; Energy Conservation; Alternative Transportation; Natural Resources & Ecosystem Management; Community Outreach & Civic Participation; Green Procurement; Economic Development & Planning; and Air Quality & Climate Change. The Plan also acts as a guiding document for the Sustainability Committee and serves to focus its agenda and initiatives. o Energy Consewation: The City Commission awarded a $13.7 million energy conservation contract to Ameresco, an Energy Services Company. The contract will implement six (6) Energy Conservation Measures (ECM) that once completed will result in "guaranteed" energy savings of $1 .I million for the initial year, the annual savings are escalated at 3.75% per year. The project ~ayback time of just slightly over thirteen (13) years. The Domestic Water Conservation city wide proiect has been completed, and the Geothermal Cooling Police Station project will be completed by the end of September 201 1. The remaining ECM projects are as follows: Facility Lighting and Lighting Controls Upgrades city wide * HVAC Controls in various city facilities FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 20 Geothermal District Cooling plant Power Transformer Replacement All ECMs are scheduled to be completed by the end of FY 201 2. Reducing energy consumption cuts operating costs, increases efficiencies, decreases dependence on natural resources and reduces green house gas emissions. Solid Waste Management: The City's Recycling Program has expanded to include recycling in selected public areas, which includes parks, beach entrances, high pedestrian traffic areas, and many City facilities. The Program also now includes single-stream (co- mingled) recycling for single-family residences through collaboration with Miami-Dade County. A new Citywide recycling ordinance is also under development that will increase the City's commercial and multi-family recycling levels. In addition, the City has amended it's Solid Waste Ordinance requiring franchise contractors in the City of Miami Beach to: Offer recycling for any and all accounts serviced by the contractor (including, without limitation, any and all commercial and residential accounts). Offer a recycling proposal to every account that to the maximum extent that's commercially feasible; maximize recycling activity in the City. Each recycling proposal shall disclose the anticipated savings offset as a result of the recycling and the consequent reduction of solid waste disposal. Effective May 1, 201 0, all contracts between a franchise waste contractor and the account holder were modified to include a provision to offer/ provide recycling. Dedicate a percentage of their revenues to be used toward education, hazardous waste events, additional recycling bins in public rights-of-way, and for sustainable initiatives. o Green Buildings and infrastructure: A voluntary green building ordinance has been adopted that provides incentives to participants who are doing new construction or renovating buildings using the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) standards in Miami Beach. LEED is an internationally recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies intended to improve performance in metrics such as energy savings, water efficiency, CO:, emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impactshe green building practices preserve natural resources, reduce green house gas production, and increase indoor air quality and occupant health. The design of the new Property Management Facility will be a minimum LEED Silver Certified by the US Green Building Council. The Project is being designed by Wolfberg Alvarez & Partners and was approved by the Design Review Board in June 7, 201 1. Further, the City is testing some new ways to build and maintain infrastructure. This year, the City is incorporating pervious and high albedo (reflective) concrete, cisterns and other energy, water saving features, and LED lighting (light emitting diode lighting which has lower energy consumption, longer lifetime, improved robustness, smaller size, and greater durability and reliability), into 5 test sites including alleys, parking lots, bike paths and FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 2 1 parks. Benefits of applying these green features include better visibility and safety, improved groundwater recharge, decreased urban runoff, increased water quality, and decreased heat island effect. Water Quality/Conservation: As part of the new Stormwater Management Master Plan (SWMMP), the study will consider future climate proiections into the planning, engineering design, construction, and operations of the stormwater system. The new SWMMP will create a comprehensive model that will evaluate the existing system to identify areas that are experiencing reduced Levels of Service. The SWMMP will then prioritize problem areas and identify existing and future regional operational and maintenance needs. In addition, the SWMMP will evaluate cost-effective alternatives for improvements to current capital improvement projects and develop environmental applications to meet water quality criteria. The SWMMP will make capital improvement plan projections and provide an outline of available funding options and opportunities, including grants, loans, and/or stormwater utility rate revenues. The Proposed Work Plan and Budget continues funding to enhance communications with our residents, enhance the availability of city services and processes that can be accessed and transacted via the internet, and preserve our technology infrastructure. To that end, the Proposed Work Plan and Budget continues to fund the City's MB Magazine, and MB N. In addition, the Proposed Work Plan and Budget includes funding for expanded use of the City's contracted call Center (currently used for Building calls) to handle calls related to Utility billing and Parking. Further, the Proposed Work Plan and Budget still includes a $0.7 million transfer to the lnformation and Communications Technology Fund. Projects to be funded in FY 201 1/12 include: Uninterrupted Power Supply !UPS! and Generator: annual debt service payments (payment 6 of 10 through FY 201 5/16): Power supply for Citywide Information Technology System CitiSourced Mobile Application: Mobile application which will provide branded, customized application for iPhone, Android, Blackberry and Windows 7, providing residents the ability to report issues, such as potholes and graffiti, right from their smartphone. Conduit Repairs at Scott Rakow, Fire Station No. 1, and between Fire Station No. 4 and Police North End Sub-station: Repair of numerous conduit issues at these City facilities which are preventing adequate network connectivity and causing technical issues for users and equipment at these sites. Interactive Voice Response [IVR!: Replacement of existing IVR which is 1 1 years old and uses hardware and software that is beyond its life cycle. The new solution will improve the ability and reliability of the system, using current upto-date Voice Extensible Markup Language technology. The City will not be able to continue accepting Credit Card payments through the IVR with the current technology. Loa Management for Payment Card Industrv-Data Securitv Standard fPCI-DSS! Compliance: Implementation of a robust log management infrastructure and automated processes to analyze and manage system, application and network event logs to help detect and prevent FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 22 serious breaches and ensure compliance to PC1 standards and mitigate the risk of unauthorized access to credit card data. Pretty Good Privacv !PGP! Universal and PGP Whole Disk Encryption: Encryption solution to provide Finance, Budget, Human Resources and Labor Relations with disk encryption software for all of the IT workstations and laptops to safeguard information of a sensitive nature when the machines are off. Camera U~arade for the Commission Chamber: Replacement of current obsolete cameras with new upgradable modular robotic cameras. The current cameras are 8 to1 0 years old and are no longer being manufactured and replacement parts are difficult to find. Replacement of 3 Macintosh Com~uters in Communications: Replacement of Macintosh computers used for video editing which are 5 to 8 years old and are run on a processor no longer supported by Apple. These computers would include the most current version of Video Editing software. Replacement of North Shore Youth Center Computer Lab computers: Replacement of the 12 computers, switch, routers and software at the North Shore Park Youth Center. Six (6) Laptops for Quality of Life Code Enforcement Team. To promote transparency of City operations and strengthen internal controls, the City has posted on- line all expenditures and Committee referrals and, in FY 2009/10, the City also began posting on- line Internal and Performance Improvement reports. In FY 2005/06, the City established a financial goal of funding at least 5% of the General Fund operating budget as transfers for capital proiects and capital proiects contingency. The purpose of this goal was multi-faceted: 1. To provide flexibility in the operating budget that would allow the budget to be reduced without impacting services during difficult economic times; 2. To ensure that the City funded needed upkeep on our General Fund facilities, and right-of- way landscaping, lighting, etc. 3. To provide a mechanism to address additional scope of small new proiects prioritized by the community and the Commission instead of having to delay these for a larger General Obligation Bond issue; and 4. To provide contingency funding so that proiects where bids were higher than budgefed did not have to be delayed, especially during a heated construction market where delays often lead to further increases in costs. The Proposed Work Plan and Budget incorporates a reduction from the 5% to 1% for capital components, taking advantage of the flexibility during this difficult financial year, and, at the same time, recognizing that the construction industry prices have declined. It is our intent to increase this in the future to 5% in better financial times. FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 24 Property Values and Ad Valorem Taxes On July 1, 201 1, the City received the "201 1 Certification of Taxable Value" from the Property Appraiser's Office stating that the taxable value for the City of Miami Beach is $21,978,289,928 including $98,792,544 in new construction. The preliminary 201 1 value represents a decrease of $0.1265 billion or 0.6 percent less than the July 1, 201 0 Certification of Taxable Value of $22.1 billion, and a decline of 1.2 percent excluding new construction. This decline was somewhat mitigated by $99 million in new construction and renovations for an overall 0.6 percent decline in Citywide property tax values. However, because property values in the City Center Redevelopment Area increased by 0.5 percent, the decline outside the City Center RDA, which impacts the City's General Fund revenues, was greater, at 0.8 percent. This decrease compares to changes in taxable value of at least an 8 percent increase per year from July 1, 2001 through July 1, 2007. However, it is significantly less than the overall 10.5 percent decrease last year. The comparative assessed values for the Miami Beach Redevelopment Agency City Center redevelopment district increased from $3,404,963,718 to $3,423,353,944, an increase of $0.01 84, billion or a 0.5 percent increase in values over 201 0 certified values. In addition, assessed values within the geographic area formerly known as the South Pointe redevelopment district increased from $3,324,165,654 to $3,446,036,913, an increase of $0.12 19 billion, or a 3.7 percent increase in values over 201 0 certified values. As a result, taxable values in the areas outside the City Center RDA/South Pointe area decreased by 1.7 percent, from $1 5.3756 billion to $15.1089 billion, a decrease of $0.2667 billion. FY 20 1 0/ 1 1 TO FY 20 1 1 / 1 2 COMPARATIVE ASSESSED VALUES (in billions) Further, the following table shows that while property values Citywide are similar to FY 2006/07 levels Citywide, they are more than $1 billion lower outside the City Center RDA than in FY 2006/07. It should also be noted that since their peak in FY 2007/08, property values have declined almost $4.9 billion Citywide, approximately 18 percent, despite almost $3 billion in new construction added to the roll. Without the new construction, the decline in values would be even FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 25 greater, at 29 percent. Outside the City Center RDA, which impacts General Fund Property Tax revenues, the decline in values is even more significant at 20 percent, even after new construction. I RDA - City Ctr Citywide Net of City Ctr Value of One Mill The first building block in developing a municipal budget is the establishment of the value of one mill of taxation, wherein the mill is defined as $1 .OO of ad valorem tax for each $1,000 of property value. For the City of Miami Beach, this value for each mill is determined by the 201 1 Certification of Taxable Value and has been set at $21,978,290. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $20,879,376. Impacts of Decline in Property Values In FY 201 0/1 1, the operating millage rate for general City operations was adopted at 6.21 55. Based on the July 1, 201 1 Certification of Taxable Value, 6.2 155 mills would generate approximately $129,775,762 in tax revenues, a decrease of $746,668 over FY 2010/11 budgeted property tax revenues Citywide (General Fund, City Center RDA and the South Pointe area). The General Fund property tax revenues will decrease by $0.85 million, if the FY 201 0/1 1 millage rate is maintained. Further, the January, 1 201 0 tax roll Citywide declined by almost $1.4. billion between the July 1, 201 0 valuation and the July 1, 201 1 valuation due to appeals, adjustments, etc., which resulted in the FY 201 1 /12 "roll-back rate" being less than the FY 201 0/1 1 current millage rate. The area outside of City Center RDA declined by almost $1 billion. FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 26 State Legislated Operating Millage Requirements Pursuant to recently enacted State legislation, the City may elect to approve millage rates above the roll-back rate up to the constitutional cap of 10 mills subject to the following votes by the Commission or referendum: . Option I: A majority of the approval of the Commission Millage is required to approve a millage up to 8.1906 (equivalent to 100.55% of prior year maximum ad valorem proceeds allowed by a majority vote, net of the impact of the Tax Increment Districts). The adiustment of 100.55% reflects the statewide per capita personal income increase for the prior year Option 11: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 9.0097 (equivalent to a 10% increase in the ad valorem revenues above Option 1)- Option Ill: A unanimous approval of the Commission or referendum is required to approve a millage above 9.0097 up to the 10 mill cap. Determining the Voted Debt Service Millage Levy The general obligation debt service payment for FY 201 1/12 is approximately $6.02 million. Based on the July 1, 201 1 Certified Taxable Value from the Property Appraiser, these bonds would require the levy of a voted debt service millage of 0.2884 mills. This represents an increase of 0.001 4 mills. Combining the Operating and Voted Debt Service Millage levies Illustrated below is a comparison of the combined millage rates and ad valorem revenues to the City of Miami Beach for FY 201 0/1 1 (final) and FY 201 1/12 (preliminary) including RDA. In the General Fund, 0.1083 mills of the total operating millage continues to be dedicated to renewal and replacement, resulting in approximately $1.76 million in renewal and replacement funding. % Incl(Dec) From From FY FYlOlll 06/07 0.0% -16% I 0.0% -15% City of Miami Beach Millage Rates FY 06107 Operating 7.1920 capital Renewal & Replacement -- --- --" - 0.1820 Sub-total operating Millage - .--- -- -- .". - 7.3740 -- Debt SeNice 0.2990 Total 7.6730 - FY 10111 PI 11112 - Incl(Dec) 6.1072 6.1072 0.000-6 0.1083 0.1083 0.0000 - 6.21 55 6.2155' 0.0000 0.2870: 02884 0.0014' 6.5025' 6.5039, 0.0014 FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 27 If these recommended millage rates are adopted, then the City of Miami Beach's total operating millage will remain unchanged from the current year, and the voted debt service millage will increase by 0.001 4 mills. Impact on Homesteaded Properties Overall, based on an analysis of the homesteaded properties in the recently released 201 1 tax roll, the median value of homesteaded property in Miami Beach for 201 1 is $1 19,461, and the average is $277,201. Applying the proposed millage rates to these taxable values, half of the homesteaded properties would pay less than $777, while the average taxes generated would be approximately $1,803 per homesteaded property. Amendment 10 to the State Constitution took effect on January 1, 1995 and limited the increase in assessed value of homesteaded property to the percentage increase in the consumer price index (CPI) or three percent (3%), whichever is less. For 2010, the CPI has been determined to be 1.5 percent and therefore, the increase is capped at 1.5 percent for increased values as of January 1, 201 1. i Homesteaded Properties Tax Levy Based on January I, 201 1 Taxable Values I Median I Average Taxable Value $ 119,461 $ 277,201 The impact of the millage change to homesteaded properties will vary significantly based on how much below market value the property is assessed and the taxable value of the property. Those properties significantly below market value will likely be impacted by the CPI adjustment to assessed values. Based on a prior analysis of the homesteaded properties in the 2009 tax roll, approximately 33 percent of homesteaded properties in Miami Beach were assessed at market value and therefore were likely to decline in taxable value similar to the overall decline. City of Miami Beach Taxes Operating Voted Debt Total Miami Beach Further, the median value of homesteaded property from the prior year 2010 tax role in Miami Beach was $1 19,000, and the average was $271,200. The impact to the median and average properties between the 201 0 and 201 1 depends on the change in value for each individual property. A range of examples are provided below. However, even assuming the maximum increase of 1.5 percent from the 201 0 value, the increase for half of the homesteaded properties would be $1 2 or less, and for $27 for an average value property. $ 743 $ 1,723 34 80 $ 777 $ 1,803 FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 28 Non-Homesteaded Properties Impact on Homesteaded Properties Assuming Changes in Taxable Value from January 1,2010 It is anticipated that overall for commercial properties would, on average, reflect a decline based on the overall decline in property values, although individual properties could vary significantly. Overlapping Jurisdictional Operating and Debt Service Millage Levies Taxable Value City of Miami Beach Taxes Operating Voted Debt Total Miami Beach $ Change in Taxes Operating Voted Debt Total Miami Beach City of Miami Beach property owners must also pay property taxes to Miami-Dade County, the Miami-Dade County School Board, the Children's Trust, the South Florida Water Management District, and the Florida Inland Navigation District. * Source: Miami-Dade County Property Appraiser File as of 8117110 Potential Change as of FY 2011/12 (as of January 1 2011) The countywide tax rate for Miami-Dade County is proposed to decrease from 5.4275 mills to 4.8050 mills; the library tax rate is proposed to decrease from 0. 2840 mills to 0.1795 mills; and the debt service millage increased from 0.4450 to 0.2850. FY 201 011 1 (as of January 1 2010)* Median I Average $ 119,000 $ 271,000 The proposed tax rate for the Miami-Dade School District is 8.0050; 0.2440 mills less than the prior year millage of 8.2490. The Children's Trust millage is maintained at 0.5 mills. The proposed tax rate for the South Florida Water Management District is 0.4363; 0.1 877 mills less than the prior year millage of 0.6240. The proposed tax rate for the Florida Inland Navigation District is 0.0345; unchanged from the FY 201 0/11 millage. with 1.5% CPI Median I Average $ 120,785 $ 275,065 $ 751 $ 1,710 35 79 $ 786 $ 1,789 8 118 26 1 1 $ 12s 27 with 0.6% Decline Med~an I Average $ 118,286 $ 269,374 $ 735 $ 1,674 34 78 $ 769 $ 1,752 $ (6)s (10)s $ (6)s (lo)$ $ 740 34 with no change Median I Average $ 119,000 $ 271,000 $ 740 $ 1,684 34 78 $ 774 $ 1,762 $ - - $ - $ 1,684 78 $ 774 $ 1,762 FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 29 A summary of the tax rate changes is provided in the following table. With the Proposed millage rates for FY 201 1/12, the Miami Beach portion of the FY 201 1/12 tax - bill is approximately 3 1 percent of the total bill. Of note. even with the recently proposed millage decreases by the County. the County millage is I. I mill less than their millage in FY 2006/07, as comwred to the Cip's Drowsed millage which is 1.2 mills less than the Citv millage in FY 2006/07. Further, the School Board millage is only minimally below the FY 2006/07 millage rate, despite the recently proposed decrease. The significant difference in the total overlapping millage rate is a direct result of the City's effort to keep the millage rates as low as possible. Impact of Combined Tax Rates of Overlapping Jurisdictions on Homesteaded Properties Applying the proposed millage rates to the median and average January 1, 201 1 taxable values of $1 19,461 and $277,201, respectively, half of the homesteaded properties would pay less than $2,478 for all taxing jurisdictions combined, while the average taxes generated would be approximately $5.753 per homesteaded property. Of these taxing jurisdictions, the highest component is the Miami-Dade School Board, at $956 for a median value property. and $2.21 9 for an average valued property. FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 30 The following table provides examples of changes in property taxes for homesteaded properties as a result of these declines in values, using the proposed tax rates and potential changes from 201 0 values. As with the City of Miami Beach millage rates, impacts of the combined iurisdictional millage rates for non-homesteaded properties will likely reflect declines in property values, although individual properties may vary. FY 2010111 (as of January City of Miami Beach Voted Debt Total Miami Beach Miami Dade County Schools Other Total $ 34 $ 78 $ 774 $ 1,762 '$ 733 $ 1,668 $ 982 $ 2,235 $ 138 $ 314 $ 2,627 $ 5.979 Change in Taxes City of Miami Beach 34 78 $ 769 $ 1,752 $ 623 $ 1,419 $ 947 $ 2,156 $ 115 $ 262 $ 2,454 $ 5,589 Operating Voted Debt Total Miami Beach Miami Dade County Schools Other Total 34 78 $ 774 $ 1.762 $ 627 $ 1,428 $ 953 $ 2,169 $ 116 $ 263 $ 2.470 $ 5,622 35 79 $ 786 $ 1,789 $ 636 $ 1,449 $ 967 $ 2.202 $ 117 $ 267 $ 2.506 $ 5,707 11s 26 $ 1 $ 1 12$ 27 $ (97) 1 (219) $ (15) $ (33) $ (21) $ (471 $ (121) $ (2721 $ (5) $ (10) $ (0) $ 0 $ 5)$ (10)s $ (16) $ (249) $ (35) $ (79) $ (23) $ (52) $ (173) $ (390) $ - $ (0)s $ (0) $ 0 0) $ (O)$ 1 (1A6) 1 (240) $ (29) $ (66) $ (22) $ (51) $ (157) $ (357) FY 201 1/12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 3 1 GENERAL FUND CURRENT SERVICE LEVEL REVENUES While property values appear to have started to stabilize, other revenues such as sales taxes (Intergovernmental Revenues), licenses and permits, and rents and leases have started to rebound. In addition, sidewalk cafi. revenues reflected under Licenses and Permits incorporate the previously approved $2.50 per sq. ft. per year increase effective October 1 and Business Tax Receipt revenues reflect a previously approved 5 percent increase. Corporate Sponsorships (Miscellaneous) are projected to increase by $400,000 due to a sponsorship program approved by the City Commission in July, 201 1, pending final negotiations. However, uniform sponsorships which were included in the FY 2010/1 1 budget have been delayed resulting in a slightly lower overall increase. Further, the budget reflects decreased revenues previously anticipated from the red light cameras (under Fines and Forfeits), and the Commercial Pole Banner Program (Miscellaneous). Other new initiatives reflected in the FY 201 1/12 CSL budget include a new Florida Power and Light (FPL) franchise agreement anticipated to generate approximately $1 million (offsetting declining revenues in the current fiscal year), $140,000 in additional bus shelter advertising revenues from a new agreement currently under negotiation, and $370,000 in ground lease revenues and administrative fees associated with the New RDA Pennsylvania garage. Further, similar to the FY 201 0/11 budget, FY 201 1 /12 CSL revenues reflect the use of $3.55 million in prior year surplus specifically set aside for this purpose along with $7.2 million in prior year Parking Fund operating surplus as planned last year during the development of the FY 201 0/11 budget. As anticipated, the non-ad valorem revenue proiections were refined over the summer to reflect increased franchise and utility taxes, sales taxes, business tax receipts and fire inspection fees, building development process fees, rents and leases, increased reimbursements from capital projects and administrative fees charged to enterprise funds, offset by decreased interest earnings. As a result the proiected CSL revenues reflect an increase of approximately $1.2 million increase from the estimate included with the July, 201 1 millage memo. This is in addition to the almost $4.7 million increase in ad valorem revenues based on the June 1, 201 1 preliminary property values and $1 million increase in non ad-valorem revenues from the estimate presented at the May Commission Retreat. The total CSL revenue estimate at this time is $243.1 million, an increase of $5.6 million from the FY 201 0/1 1 adopted budget. FY 201 1 /12 Proposed Work Plan and Budget Message August 31, 201 1 Page 32 Property Tax Normandy Shores Fines and Forfeits ther - Reserves - Bldg Dept ther - Parking Surplus Transfer - Prior year set aside GENERAL FUND CURRENT SERVICE LEVEL EXPENDITURES On the expenditure side, CSL expenditures (i.e. the cost of providing the same level of service as in the prior fiscal year - CSL expenditures) typically have increased between 6 percent and 8 percent annually due to salary and benefit increases and other normal cost of living adjustments. In FY 201 1/12, increases are estimated to result in an approximately $9.7 million (4%) increase in expenditures, the maiority of which is due to the following: A $1.9 million increase to reflect a previously bargained salary adiustments for employees, including a 3 percent Cost of Living Adjustment (COLA) for bargaining employees as of April, 201 2; the impact of step increases for employees in the FOP and IAFF bargaining units; a maximum of 2 percent performance-based merit increase for employees in the Government Supervisor's Association (GSA) bargaining unit; and a maximum of 2 percent performance- based merit increase for employees in the American Federation of State, County and Municipal Employees bargaining unit (AFSCME) as of May, 201 2. In addition, the 3 percent COLA and 2 percent performance-based merit increase has been included for unclassified and other employees consistent with past practice of treating all employees equally. FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 33 A $0.3 million increase in overtime cost primarily due to increases in Police court overtime. A $4.2 million increase in the General Fund portion of the City's annual required contributions to the Fire and Police ($2.2 million) and General Employees ($2 million) pension plans, primarily due to the continued recognition of investment losses from FY 2007/08 and FY 2008/09, updated mortality and revised investment rate of return assumptions in the Miami Beach Employees Retirement (MBERP) plan, and revised investment rate of return assumptions in the Fire and Police Pension Plan. A $2.8 million increase in health insurance costs based on an estimated 10 percent increase over the current Fiscal Year, as well as the expiration of the FOP and IAFF additional 5 percent contribution to City health insurance costs which was for an 18 month period, and which will expire in February, 201 2 and January, 201 2, respectively. A $1.1 million Increase in Internal Service Fund chargebacks to departments primarily due to similar increases in salary and pension costs as described above that are then charged back to the general fund, as well as equivalent increases in health insurance costs for retirees, and increases in fuel prices. It is important to note that fuel prices in FY 201 1 /12 are budgeted at current prices. Should prices increase further, the General Fund will need to fund these increases. It is important to note that operating costs are approximately $0.7 million less than the FY 201 0/1 1 budget, reflecting the continuation of various cost savings initiatives by the City such as rebidding contracts, and careful review of department line item expenditures. In addition, this reflects a decrease in expenditures of approximately $1 million from the estimate presented at the Commission retreat in May, 201 1 primarily due to refinements in estimates for the Miami Beach Employees Retirement Plan annual contribution requirements, police overtime, and internal service fund charges. Together, salaries and fringe represent 73 percent of CSL personnel costs, with salaries and pension representing approximately 67 percent of the total current service level (CSL) budget of $246 million, (including the impacts of merit/steps increases, pension contributions, etc.) It should be noted that approximately the $27 million in other operating costs (1 1 percent of CSL budget) reflects a decrease of more than $700,000. This savings reflects the results of various cost savings initiatives by the City such as re-bidding contracts, careful review of department line item expenditures, other efficiencies, etc. FY 201 1 /I 2 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 34 Salaries $ 99,515,410 $101,447,870 41% $ 1,932,460 Overtime/Ot her Wages 12,347,060 1 2,642,593 5% 295,533 Benefits Pension - F&P 33,429,345 35,602,142 14% 2,172,797 Pension - MBERP 8,940,594 10,965,525 4% 2,024,931 Other Pension Costs 5,848,934 5,802,867 2% (46,067) Hea It h and Life 6,355,606 9,155,788 14% 2,800,182 Other Benefits 3,965,449 4,041,231 2% 75,782 Total Benefits 58,539,928 65,567,553 27% 7,027,625 Total Salary and Benefits 170,402,398 179,658,016 73% 9,255,618 Operating 27,778,666 27,046,930 11% (731,736) Internal Service Funds 35,216,360 36,183,091 15% 966,731 Capital & Debt 4,120,690 4,184,534 2% 63,844 Total $ 237,518,114 $ 247,072,571 100% $ 9,554,457 The resulting gap between General Fund CSL revenues and CSL expenditures is approximately $4 million. APPROACHES TO BALANCE Based on direction provided by the Finance and Citywide Projects Committee meetings in July 201 1, and following the strategy discussed in our retreat in May of this year, the approximately $4 million shortfall between Current Service Level revenues and expenditures has been addressed through transferring $2.1 million in expenditures to the resort tax fund as well as increasing resort tax revenue transfers into the General Fund while allowing some modest enhancements in response to community priorities as well as funding for programmed living wage increases for City contracts. FY 201 1 /12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 35 $ 243,099,418 Resort Taxes - move Special Event and Holiday Decoration expenses from GF Resort Tax -transfer to GF ing Wage FY 201 1/12 Increase inimal Impact ReductionslEfficiencies rvice Reductions rvice Enhancements Of note, the Current Service Level expenditures reflect no additional transfers to the 11 percent Emergency Reserve or towards the City's additional 6 percent contingency goal. Reserve levels are sufficient to fund the 1 1 percent reserve for the Proposed FY 201 1/12 Operating Budget. The City's 11 percent reserve is projected to be fully funded in FY 201 1 /12 from reserve levels as of September 30, 201 0 at $26.7 million, in addition to funding $1 1.9 million or 4.9 percent towards the additional 6 percent contingency goal, for a total fund balance reserve of almost $38.6 million, if there are no additional changes in fund balance, and no additional transfers made. The resulting total Proposed General Fund Operating Budget for FY 201 1 /12 is $ $245,175,3 1 8, which is $7.6 million or 3 percent more than the FY 201 0/11 Adopted Budget of $237,5 1 8,114. FY 201 1/12 Proposed Work Plan and Budget Message August 31, 201 1 Page 36 Enterprise Funds are comprised of Sanitation, Water, Sewer, Stormwater, Parking, and Convention Center Departments. The Proposed FY 201 1/12 Enterprise Funds Budget is $157.4 million. This represents an increase of $1.6 million from the FY 201 0/1 1 Enterprise Fund Budget, an increase of 1 percent. In addition to increases in $1.6 million in pension and internal service charges, the primary drivers of this increase are the following: An additional $5.5 million is in other costs in the Parking Operating Fund primarily due to: o a $1.6 million increase in salaries, health insurance, and funding for post retiree health similar to increases in the General Fund o a $1.4 million decrease in other operating costs o a $3.6 million increase in the prior year Parking Operating Fund surplus transfer to the . . General Fund, from $3.6 million to $7.2 million, and o a $1.7 million increase in the transfer to Parking Reserves from $3.6 million in the FY 20 1 0/11 adopted budget to $5.4 million in the FY 20 1 1 /12 proposed budget. o $5.8 million in debt service due $4.4 million anticipated with the issuance of approximately $50 million in Stormwater bonds in FY 201 1 /12 as well as an increase of $1.4 million for the second year of debt service for the series 2009 Stormwater bonds. o $0.7 million due to increase in the County wholesale rate for sewer. These increases are offset by a $9.2 million decrease in transfers to the Water, Sewer and Stormwater rate stabilization funds and a $3 million decrease in sewer wholesale payments (prior to the fee increase) to Miami-Dade County as compared to budget. Of note, the transfers to the rate stabilization fund are made for debt coverage purposes only so that the net revenues at yearend are sufficient to exceed the bond coverage requirements. Since they are not anticipated to be needed to cover expenditures, they are projected to return to the water and sewer rate stabilization funds at year end and are then available for debt coverage calculations in the following year. Further, the Miami-Dade County wholesale rate increase of 1.092 cents per thousand gallons, results in an average increase of $1.21 per month based on an average of 1 1,000 gallons per month. The sanitation fee impact is 37 cents per household per month. FY 201 1/12 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 37 Internal Service Funds are comprised of the Central Services, Fleet Management, Information Technology, Risk Management and Property Management Divisions. The Proposed FY 201 1 /12 Internal Service Fund budget is $54.3 million. This represents an increase of $1.9 million (4 percent) from the FY 201 0/11 budget, primarily due to increases in salary, pension and health cost similar to those described in the General Fund. These costs are completely allocated to the General Fund and Enterprise Fund departments, and the Risk Management Fund reimburses the General Fund for the cost of legal services. The Property Management Fund, includes the modest reduction in janitorial services offset by the purchase of a Vacuum Truck for the enhanced maintenance of Beach Showers and the additional $50,000 in contractual support for 40 year building recertification's required by Miami-Dade County Code. --: The Proposed FY 201 1/12 Resort Tax budget is $47.1 million, an increase of $5.8 million (14 percent) from FY 201 0/1 1 . This reflects the continued increase in resort tax revenues, consistent with other tourism indicators throughout the County, but especially in Miami Beach. Of the $5.8 million increase: An additional $2 million is transferred to the General Fund for tourism-related services provided by General Fund departments for a total transfer of $26.47 million. 0 An additional $2.1 million is used to address special event and holiday decorations, budgeted in the General Fund in prior years. An additional $0.1 2 million is for the contractual CPI adiustment in the transfer to the Greater Miami Convention and Visitors Bureau, for a total of $5.25 million. An additional $0.72 million and $0.22 million is transferred for quality of life capital projects and the arts and the Miami Beach Visitors Convention Authority based on funding formulas, for a total of $4.30 million and $1.82 million, respectively. The Debt service is increased by $0.72 million from $4.8 million to $5.52 million, and administrative expense are increased by $0.13 million Further, $1 00,000 continues to be funded for a Miami Beach marketing campaign (a decrease from $200,000 in FY 201 0/1 1); with marketing funds added to by contributions from the Greater Miami Convention and Visitors Bureau, the Miami Beach Visitors Convention Authority, and the Cultural Arts Council to market Miami Beach as a local destination; and $82,000 is set aside for enhanced management of maior events. FY 201 1 /I 2 Proposed Work Plan and Budget Message August 3 1, 201 1 Page 38 Although the development of our budget this year has been challenging, through rigorous review and good leadership, the Proposed Work Plan and Budget for FY 201 1/12 is balanced and enables the City of Miami Beach to continue delivering outstanding, enhanced services to our residents, businesses and visitors, providing fee relief in our Enterprise Funds, and continuing structural enhancements to ensure the long-term sustainability of the City. In summary, the Proposed FY 201 1 /I 2 General Fund operating budget maintains current service priorities for the community, despite property tax rates set at 1.2 mills (1 6 percent] lower than FY 2006/07 when property values were similar to the 201 1 certified values. Further, I am also recommending keeping water, sewer, and stormwater rates flat, other than the sewer pass through for increases in the Miami-Dade County wholesale sewer rate. The development of this year's Proposed Work Plan and Budget has challenged our City staff and the Commission as we sought to balance a budget which began with double-digit percentage declines in property values at the same time as unusually high pension increases, particularly in the Fire and Police Pension system. I would like to thank Mayor Matti Herrera Bower, and the Members of the Miami Beach City Commission, for your continued guidance, support and leadership with the budget process and in helping to accomplish so much on behalf of our residents and for the entire Miami Beach community. I would also like to recognize those bargaining units that have willingly agreed to employee "give-backs" so that we can begin to control personnel costs as well as our employees for their continued commitment to the City's mission of providing excellent public services and working so hard to help accomplish so many positive results that benefit the entire community despite the challenges and uncedainiy of the past several months. Finally, I would like to thank all staff from throughout the City who worked so hard to identify every opportunity for cost reductions in their departments, as well as itemize alternatives with a wide range of service impacts to meet the required cost reductions. I would particularly like to thank my Assistant City Managers, Chief Financial Officer, and all Department and Division Directors. I appreciate all of us working together towards a reduced budget that still allows us to accomplish our goals. In particular, I would like to recognize and thank Kathie Brooks, Director of the Office of Budget and Performance Improvement (OBPI); Jose Cruz, Budget Officer; Laura Aker, Tameka Otto- Stewart, and Paula Rodriquez , Management and Budget Analysts; and Office Associaje Jennifer White. Respectfully submitted, agaZ- ity Manager - C'i Manager Communications -- OBPI Finance Procurement Human ResourceslLabor Relations City Clerk C' Atlorne Real Estate. Housing & Cornrnunitv Dev (ind. Community Services) Building Planning TCD Code Compliance (Neigborhood Svcs') Parks & Recreation Public Works CIP Police Fire C'tvwide Subtotal General Fund $ (348,867) $ (367,859) $ (298.449) $ (588,321) $ (82,017) $ (413,742) $ (79,899) $ (281.910) $ (601.165) $ (310.351) $ $ (W3.827) (2,876,409) $ $ (1,446,535) $ (63.883) -15% -42% -16% -14% -8% -24% -5% -14% -6% -10% -18% -20% -10% -23% -1% * Neigborhood Services Deparbnent was split into various functions and slgnfflcantiy reduced in FY 2007108 - Chart reflects reductions as part of CI S (141.968) I * FY 2010111 Budget Included reductions for contracting ouUconverting positions to part-time, resulting In $221,901 in deparment Plan B savings ohet by Increased contingency. These were not implemented and the FY 2010111 Department budget have been adjusted to reflect the impact. I 0.0% -1.8% -1.2% 4.011 -3.3 -4.0 -3.0 -10.0 -1.0 -5.5 -1.4 -4.0 -8.0 -4.0 -2.0 -13.0 -27.0 -17.5 1.0 $ (4,914,146) $ (2,368,194) -- $ (1,614,544) $ (18,804,357) 5 715,000 $ 196,500 $ 1,755,752 I $ 247,072,571 -62.0 -7.0 0.0 -177.4 -6% 4% -15% -8W $ (203,270) 1326.91 204.0 $ $ $ 715.000 $ 200,000 $ 1,777,254 $ $ $ $ 237,518,114 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 -- 0.0 0.0 0.0 3.0 -26.0 0.0 0.0 $ (75,000) Transfers Capltal Reserve Pay-As-You-Go Capital , Info & Comm. Tech Fund Capital Investment Upkeep Acct Renewal and Replacement Fund Homeowners Dlvldend Transfer to Risk Fund Transfer to 11% Reserve PENSION INCREASE INTERNAL SERVICE FUNDS INCREASE Total General Fund 1.0 0.0 0.0 -22.0 0.0% 0.0% 0.0% 0.1% $ (278,270) $ 715.000 $ 196.500 $ 1,755.752 -177.4 $ (2,500,000) $ (7,500.000) $ (800,000) $ (1,618,000) $ (1,056,529) $ (4,900,000) $ (1,000.000) $ (3,338,419) I $ (41,117,305)1 -17%. -34% -80% -25% -31% -11% -29% -15% $ - $ (3,500) $ (21,502) -2.5 -22.0 $ 2,350,894 $ 878.482 $ 1,820.829 $ 4,124,205 $ 969,238 $ 1,897,128 $ 4,500,597 -12% -2% 0% -13% 1.0 -13% $ 4.197.728 $ 966,731 $ 88,920,529 $ 56,207.375 $ 10,836,186 $ 234,825,860 $ 4,197,728 $ 966,731 9.7 5.0 12.1 32.0 9.0 14.3 491.0 303.0 - 1326.9 -40% -11% -16% -15% -21% -18% 42% 3% $ 247,072,571 1 $ 9,554,457 $ 90.878.568 $ 57,523,168 $ 11,464,517 $ 239,240,860 15.0 48.0 - 204.0 ~-S(475.555)-12%-3.3-1.0-23%$4.002.842~8-~~$ $ 1,966,198 $ 9,351,733 $ 3,113,588 $ 2,643,824 $ 4,185.650 $ 27,829.008 $ 6.372.884 $ 4,520,748 - - - - - 1.0 9.9 73.0 25.0 13.5 35.0 172.0 41.4 35.0 I 9.6 1 - $ 1.961.510 $ 9,646,766 $ 3,259.483 - $ 2,569,257 $ 4,278,337 $ 27,749,938 $ 6,280,035 $ 4.501.159 - - - - 12.0 128.0 - - $ 2,289.970 $ 903.810 $ 1,840,264 $ 4,170.241 $ 1.006.322 $ 1,746,366 $ 1,958.039 $ 1,315.793 $ 628,331 $ 4,415,000 $ 1,528,624 $ (4,688) $ 295,033 $ 145,895 $ (74.367) $ 92.687 $ (79,070). $ 93,081,582 $ 59,080,467 $ 11.377.366 $ 244,405.319 2.2% 2.3% 5.8% 1.9% $ (60,924) $ 25,328 $ 19.435 $ 46.036 $ 37,084 $ 49,238 $ 29.027 -0.2% 3.2% 4.7% -2.8% 2.2% $ (52,755) $ - $ - $ (203,270) -2.6% 2.9% 1.1% 1.1% 3.8% 2.9% 1.9% $ 2,062,264 $ 9,984,484 S 3,360,447 $ 2.475.993 $ 4,434.492 -0.3%- $ (92,849) $ (19,589) $ 6,382.083 $ 4,587,743 $ 2,338,580 $ 910.044 $ 1,919,495 $ 4.278.985 $ 1,008.971 $ 1,789,995 $ - $ - $ (75,000) $ (75,000) -1.5% -0.4% $ 1,561,930 - -0.1% 0.0% -0.7% 0.1% $ (52,755) $ - $ (75,000) $ (278,270) $ - $ - $ - $ - $ (45,388) $ (15,796) $ -$ $ - $ - 0.0 0.0 0.0 0.0 -2.5 $ - $ - $ - $ - $ - $ - 0.0 $ - $ - $ - $ (64,997) $ - $ (24,334) 0.0 0.0 0.0 1.0 $ - -$ $ - $ - $ - $ - $ - $ (45.388) $ (15,796) $ - 0.0% 0.0% - $ - $ - 0.0% 0.0% 0.0% 0.0% -4.5% -0.9% $ - 0.0 0.0 0.0% 0.0 0.0 0.0 0.0 0.0 0.0 -1.0 0.0 0.0% $ - $ - $ - $ - 0.0 0.0 0.0 0.0 1.0 0.0 0.0 -- 0.0% -2.6% 0.0% -0.1% $ - $ (64,997) $ - $ (24.334) 0.0 0.0 0.0 0.0 -0.5 0.0 -1.0 0.0 0.0 0.0 0.0 CSL with Pension I * FY 2010111 Budget included reductions for contracting outfconvertlng positions to part-time, resulting In $221.901 in deparment Plan B savings offset by increased contingency. These were not implemented and !he FY 2010lH Department budget have been adjusted to reflect the impact. I 1 GRAEID TOTAL9*I $ (47,074,258)l -11a -246.01 -14.01 -13361 $ 448,293,038 / 1858.11 221.01 $ 453,565,773 1 $ 5,697,928 1 1.5Xl $ 453,555,773 / $ (809,763)l $ (342,800)l $ (1,152,683)l -0.3%11 -10.01 I.O~ $ 64.997 05% 05 00 $ (244.993) -0 7% -4 0 0 0 $ (315,595) -2 0% -2 0 0 0 $ (110,902) -0 7% -20 0 0 $ (167.600) -0 4% 0 0 0 0 $ (774,293) 0.5% -7.5 0.0 $ 416,011 $ 2,526,056 $ (5,595,9071 $ (1,577,863) $ (893,204) $ (495.681) $ (5,520,588) $ fM,997 $ (244,993) $ -$ $ (315,595) $ (110,802) $ - $ (506,493) $ - $ - -$ $ - $ - $ (167,800) $ (167,800) 2 0 56 2 35 1 23 3 187 0 116 0 419.6 Enterprise Funds 1 Convention Center I $ (468.778) Water I $ (409,720) Sewer l $ (232,969) Stormwater I $ (334.580) Sanitation 1 $ (362,330) Parking I $ (750.351) I PENSION INCREASE 1 INTERNAL SERVICE FUNDS INCREASE I Total Enterprise Funds I t (2,658,728) 32% 8 1% -14 0% -8 3% -54% -1 3% 3.8% I - 1 $ 13,248,922 - I $ 33,556,126 - 1 $ 34,429,024 - $ 15,315,220 - 1 $ 15,669,054 17 0 1 8 38,362,609 I IS 618,563 IS 747.224 I 17.01 $ 152,146,962 -4% -1% -1% -2% -2% -2% -2%1 $ 13,186,247 $ 33,626,226 $ 34,704,578 $ 15,607,441 $ 15,901.776 $ 39,138,894 $ 152,146,962 1 0x1 $ 12,832,911 -23961 $ 31.030.070 -2O%l$ 40,024,931 00 -13 0 -7 0 00 0 0 0 0. -0 5 3 0 -8 0 0 01 -2%( $ 16,893,083 0 01 -2%1 $ 16,562,258 6 01 0%l $ 38,858.490 I I I 1 1 I -31.51 8.01 $ 158,201,743 AlTACHMENT B - POSITIVE IMPACT OR MINIMAL SERVICE IMPACT, EFFICIENCIES, ETC. Police ,Procurement Convert 1 vacant full-time coordinator position to part-time (45,388)) (45,38811 (1.0)l 1.0 1 I I Parks & Recreation Human ResourceslLabor Relations Replace HR Specialist w/FT OA IV and professional services I (15,796) ( (15,796) 1 I I I I I Position Impacts Cumulative Dept. Impact GENERAL FUND (52,755) Replace a captain with a sergeant position Eliminate One (1) Full Time vacant - Municipal Service Trainee as functions have been absorbed by other positions Impact (52,755) Non Mgt. TCD Revise allocation for Director (35%) and Administrative Support (15%) to charge to Convention Center (64,997) (64,997) (0.5) (0.5) (0.5) de lmlnate funding for I-estival of the Arts since the event is no longer viable as an arts festival and redirect to this fundina to enhance north beach economic development activities at the Bandshell and Bvron Carlvle $49,500 Total General Fundl $ (203,270)l $ (203,270)l (2.5)l 1.0 1 1.0 0.5 (0.5)l (1.01 Sanitation Eliminate Two HEOll Positions (1 filled, 1 vacant) as service now provided by City waste contractor (110,902) ( ) ( ) ( ) 110,902) (2.0 1.0) (1.0 2.0 Mgt. & Admin (1 .O) , Full Time (1 .O) Proj. Vacant Part Time (1 .O) (24,334) Position Impacts Cumulative Dept. Impact . 64,997 ENTERPRISE FUNDS Convention Center Revise allocation for Director (35%) and Administrative Support (15%) to charge to Convention Center Water 1 Total Enterprise Funds( $ (606,493)l $ (606,493)l (7.5)l - 1 1.0 6.5) 0.5 1 (8.0) 1 Grand Total 1 $ (809,763)l $ (809,763)l (10.0)l 1.0 1 (2.0)l (7.0)1 - 1 (9.0)l Filled (24,334) Impact 64,997 Stormwater Non Mgt. Eliminate the third Water Construction Crew, due to decreased breaks as CIP program is implemented as well as decreased housing/condominium development (244,993) Filled 0.5 Proj. Vacant Full Time 0.5 (4.0) (2.0) (2.0) Mgt. & Admin 0.5 Part Time (4.0) (244,993) (2.0) (31 5,595) Outsource Vac-Con Truck crew used for cleaning drains, catch basins, etc. - Eliminates 2 MSWls and avoids replacement of VaoCon truck (4.0) (315,595) ATTACHMENT C - PROPOSED SERVICE ADJUSTMENTS Parks 8 Recreation I I i I I I I - ~-~ Impact . . ~4S&d~B#fseFs84~~~ . . ' ~~sepceas-@#?e~~&- ~eR~~~d~i$t$le~~~~#?e~ ~e~44iemi~wkisCt~Cagwatef~fPeFFIYtitkiR#w~ ' .O Eliminate Citywide contracted security expenditures of $731,673 while maintaining RDA areas (beach walks. boardwalks. Lincoln Road etc.1. GENERAL FUND Position Impacts Cumulative Department Impact Full Time PENDING FURTHER $ Part Time Non Mgt. Proj. Vacant Filled Mgt & Admin ATTACHMENT C - PROPOSED SERVICE ADJUSTMENTS Impact Position Impacts Cumulative Department Impact Citvwide I I I I I I I I Eliminate funding for County lobbyist I $ (75.000)1 $ (75.000)1 I I I I I I I I Full Time ~gt& Admin INTERNAL SERVICE FUNDS Non Mgt. Part Time Position Impacts Impact Proper& Management Proj. Vacant Non Mgt. Cumulative Department Impact Filled $ (100,000) Reduce janitorial level of service in 23 of 33 City facilities. Full janitorial service of the non- common areas in these facilities will be reduced Filled Proj. Vacant Full Time $ (100,000) Mgt & Admin Part Time Total Internal service ~undsl $ (100,000)1 $ (100,000)1 - I - I - I - I - I - GrandTotall$ (175,000)1$ (175,000)1 - I - I - I - I - 1 - I Position lmpacts Cumulat~ve Department Impact ENTERPRISE FUNDS Impact Parking Non Mgt. Mgt& Admin I Filled - - Eliminate Police Overtime paid by Parking for "Clearing of Lanes, Easements and Alleyways Right-of Way" (CLEAR) program Total Enterprise Fund Grand Total Proj. Vacant Full Time Part Time $ (167,800) $ (167,800) $ (342,800) $ (167,800) $ (167,800) $ (342,800) ATTACHMENT D - PROPOSED REVENUE ENHANCEMENTS Cumulative Fund Impact Fiscal Impact GENERAL FUND Cumulative Department Impact ArrACHMENT E - PROPOSED ADDITIONS AND SERVICE ENHANCEMENTS GENERAL FUND Potential Additions Cumulative Fund lmpact Fiscal lmpact 'lmpact of FY 201 1112 Living Wage increase from $10.72 to $12.17 - subject to Commission Approval - $365,159 Citywide Impact 54,266 54,266 positions - FT Potential Enhancements Police I I I I PT Enhance deployment flexibility for Code quality of Life Officers added as part- time in FY 201011 1 by adding 2 vehicles, 2 AWs, 4 Bicycles and 8 Laptops - Bicycles and vehicles to be provided from other sources - computers to be funded from Information and Communications Technology Fund 54,266 Parks and Recreation Landscape Maintenance for South Pointe Phase II and Phases Ill-V ROW projects coming on line (contracted) 159,000 21 3,266 Public Works Increase Sustainability education and outreach for sustainability initiatives as per FCWPC direction $40,000 - Funding to be provided from other sources 21 3,266 CIP 254,666 289,166 289,166 Enhance project supervision by adding 2 pool cars - offset by CIP chargebacks to capital projects Provide supplementary cost estimating and project support througoutside contractual services - offset by CIP chargebacks to capital projects Enhance project performance tracking & scheduling measures by hiring an additional person - offset by CIP chargebacks to capital projects 41,400 34,500 PENDING FURTHER EVALUATION REHCD 3.0 378,658 Enhance services to homeless individuals by adding 2 part-time case workers assigned to provide homeless outreach services to the Entertainment District from the hours 5pm to 12 am, Tuesdays thru Saturdays, and an OAll for intake. The enhancement includes support equipment 89,492 Citywide 3.0 - 378,658 $ 378,658 Total $ 378,658 Cumulative Total INTERNAL SERVICE FUNDS Fiscal Impact Fund FT 1PT Potential Additions Impact of FY 201 1112 Living Wage Increase from $10.72 to $12.17 - subject to Commission Approval - $365,159 Citywide Impact 6,639 6,639 Potential Enhancements Property Management Improve Beach Shower Drainage & Maintenance - $1 7,500 funded from RDA, balance from General Fund $ 52,500 52,500 Conduct required 40 Year Building Re-Certification of City Building Required by Miami-Dade County by outside contract support 50,000 102,500 Total Internal Service ~undsl $ 109,139 1 $ 109,139 1 - 1 - Expand contracted call center use for Water and Parking - proposed to be funded by Water and Parking - total cost of $75,000 $ 37,500 $ 37,500 Parking Expand contracted call center use for Water and Parking - proposed to be funded by Water and Parking -total cost of $75,000 $ 37,500 $ 37,500 Explore outsourcing of dispatch operations or add 4 part-time Dispatchers to provide coverage for leave, etc. in lieu of using part-time Parking Enforcement Specialists - offset by increased revenues from parking enforcement $ 128,123 $ 165,623 4.0 Outsource enhanced sanitation for Parking lots and garages $ 250,000 $ 415,623 Total Enterprise Funds $ 736,877 1 $ 736,877 1 - 1 4.0 )~otai RDA I $446,730 1 $ 446,730 1 - 1 - [ Cumulative Total RD A FT IPT Fiscal Impact Potential Additions Impact of FY 201 1/12 Livrng Wage increase from $10.72 to $12.17 - subject to Commission Approval - $365,159 Citywide Impact 20,161 20,161 Potential Enhancements Fund Soundscape Maintenance City Center (RDA) - Greenspace, Bathroom Maintenance, Pressure Cleaning and Litter Control Soundspace Secuntyl Lincoln Koad Servrce tnhancement (~ncludes I-Y 201 1112 living wage increase) Additional ROW maintenance for CIP projects coming on line - including: Washington Ave, All new side streets including : James, Lincoln, Lincoln Way. Improve Beach Shower Drainage & Maintenance - $17,500 funded from RDA, balance from General Fund 159,072 159,997 90,000 17,500 $ 179,233 $ 339,230 $ 429,230 $ 446,730 EXHIBIT F FY 2011112 Proposed Citywide Work Plan City of Miami Beach Cleaner and Safer; Beautiful and Vibrant; a Unique d Historic Environment, a Mature, Stable residential national Management trends e Enhance security for Soundscape Park L Improve e Continue to coordinate with internal departments in efforts to continue dissemination of information (flyers, cleanliness door hangers) regarding 1st Weekend of the MonthINeighborhood Pride program. Also, enhance coordination . $ of Miami with Home Owner's Associations (HOAs), volunteer organizations such as Hands on Miami Beach Day, etc. 5 Beach rights Work with Code and Sanitation to develop performance measures for City Center RDA using GIs 2 ofway 0 Increase level of service for heavily used parking lots and garages especially in e Identify by District and cleanliness historical data sidewalks that fail the established targets and reallocate business resources as needed areas lmprove cleanliness of city beaches 30, using a consultant for the review/revision of Chapter 30 Ensure safety and appearance of building E structures and a, E sites .g Maintain e Facilitate departments to improve measurement methodologies for public appearance-ROWlParks ' Miami Beach Landscaping and garages public areas & * Initiate landscape Maintenance of the South Pointe Phase I1 Project 0 'I rights of way e Initiate landscape Maintenance of South Pointe Phase Ill, IV & V Project 3 v, citywide .- e Initiate landscape maintenance for City Center ROW projects coming on line (Washington Ave and side I U streets - James, Lincoln and Lincoln Way) s m e Provide maintenance for the new Soundscape Park Protect historic e Explore changes to the 40-year recertification ordinance with Miami-Dade County 9 building stock 3 2 C Maintain strong o Expand previous development management initiatives - (e.g. expanded Planning Board review of development threshold projects in residential districts) management e Work with CIP and other entities to implement recommendations of the North Beach Master Planning 2 policies m Strategy where feasible. .- - Increase e Develop plan for teen club athletics using Scott Rakow satisfaction o Develop Tennis Program for Tennis Courts Planned for Par 3 with family e Implement Mobile APPS (Tee Times, Tennis, Facility Rentals, etc) a recreational e Replace computers in North Shore Park computer lab activities d e Review Programming and Management BandshelllUnidad VJ 2 Improve the 3 + lives of elderly residents c- s ,m Enhance learning e Pursue additional Federal Justice appropriation for After School program and Arts for learning opportunities for youth - 3 .c Reduce the * Continue with Project Home Shore campaign targeting members of the faith community with information .c. number of and resources to empower them as outreach resources to the homeless, and secure non-governmental homeless resources for homeless services. Expand homeless outreach services for weekend services - -- Increase e Explore transit opportunities with Miami-Dade Transit to connect affordable housing opportunitierwith access to workplace destinations workforce or e Develop marketing plan for affordable housing/, including advertising and providing media information affordable regarding major accomplishments related to affordable housing and opportunities funded by the City housing Promote and celebrate our City's diversity Center facility Hire a consultant through an RFQ to assist the City in finding private sector participation in the Convention ((I c Center Expansion and Enhancement Project. 0 .- * m > Diversify 0 o Work with State of Florida DCA on implementation of the Energy Economic Zone Pilot Program c business c Identify potential Incentives that may facilitate industry diversification y base in Miami e Identify barriers to growth for the City's businesses that are in non-economic base industries Beach L 22 C 8 ' Improve - e Continue FY2006107 initiative to track reasons for building and fire rejections trough implementation of Building electronic plan review $ Development 0 Provide Technical Training program for Plans Examiners and Inspection staff in their discipline Related e Improve the dispute resolution process for building development permits 22 Processes o Replace permitting system for building development process c = (New K10) o Produce manual of policies and procedures for Building Department ((I C .- a e Implement customer service training for building development process 0" Eliminate the number of past due elevator inspections o Evaluate Community Rating System ratings E .- L e Review and revise all building development process forms 3 z o Develop Temporary Certificate of Occupancy(TCO)/ Partial Certificate of Occupancy PC0 -0 guidelines/streamline process c m e Prepare Information brochures for Building customers c) c 0 Implement signage throughout the department I? e Explore functionality of current and future permitting software systems to determine if there is the possibility of c .- publishing on the website the location and status(workflow) of permit application 2 0 e Develop tracking for the number of times a supervisor has to over-rule inspectors for changes to plans work C c being directed in the field with Building Development Process Task Force in streamlining plan review processes W - and validating performance targets E o Periodically hold public forum for customers to provide feedback on Building department services and 3 C) - suggestions for improvement 5 0 Evaluate Integration of Fire Prevention into building department activitieslspace with goal of improved customer service o Purchase and install bicycle parking racks e Focus on long term transportation plans with the County using PTP dollars o Work with County to identify how Intelligent Transportation Systems can be used in Miami Beach o Implement a system for tracking the percent of traffic system that is heavily congested (LOS E or F) o Enhance education and marketing programs informing residents about bicycle paths and bike lanes in Miami Beach and promote bike friendly capital projects currently underway e Evaluate /enhance education programs informing residents and visitors about bicycle paths throughout the City Improve 0 Continue to develop and implement marketing plan for parking and traffic, including identification of areas of Parking underutilized capacity through measurement of garage capacity and in support of implementation of Citywide Availability wayfinding signage plan e Continue to pursue joint venture opportunities for North Beach Parking Facility e Continue to evaluate opportunities to acquire land where possible for additional parking o Add 53 parking spaces during and 88 spaces in as a result of projects in 69~ Street and Harding Avenue, 41'' Street and Royal Palm Avenue, and Ocean Dr. and 1'' Street. e Explore outsourcing of dispatch operations or add 4 part-time Dispatchers to provide coverage for leave, etc. in lieu of using part-time Parking Enforcement Specialists - offset by increased revenues from parking enforcement Ensure value o Create and apply a standard close-out procedure to all CIP projects in order to assure proper transition to and timely owner department P! 3 delivery of 0 Enhance existing database enhancements to produce additional project monitoring reports C o quality 0 Evaluate & implement means to secure post-construction resident and business feedback for ROW projects to 2 +- capital determine satisfaction with project communication and project quality U) E projects e Implement internal tools to manage projects 'C s - 0 Initiate construction of the following ROW projects that will improve roads and sidewalks in Biscayne Pt., -0 Q) Bayshores AIBIC; Sunset Isl. 1 & 2; Ven. Isl; & City Center 9B > 2 e Institute a contractor Quality Assurance/Quality Control program that will serve to provide measures to gauge E the progress and successful completion of a project across various attributes. - - 0 Produce graphical project scheduling and measurement tool - 2 o Enhance project supervision by adding 2 cars e Provide supplementary cost estimating and project support through outside contractual service Note; the following initiative is still pending further evaluation o Enhance performance tracking and scheduling by hiring an outside person Ensure well- e Conduct 40 year recertification of City Buildings required by Miami-Dade County through the use of outside maintained services facilities c Pursue possible contracting out of maintenance staff for beach restrooms s Continue ongoing remediation and monitoring activities at the Miami Beach and Normandy Shores Golf Courses Improve beach shower drainage and maintenance Maintain 0 Establish baseline values for water, sewer, and storm water pipes City's e Complete assessment of streetlight poles/fixtures infrastructure e Develop GIS monitoring map to manage pavement program e Develop GIS baseline infrastructure maps that also reflect planned improvements over the next five years for: roadways, sidewalks, seawalls, sewer, water, street lighting Improve c Update Stormwater Master Plan Storm e Develop GIs baseline storm water infrastructure map that also reflects planned improvements over the next drainage five years citywide e Increase Code Enforcement for Restaurant Drains 0 Develop an implementation plan for the 201 1 stormwater plan, pending approval by the City Commission e Develop GIS baseline street liahtinq infrastructure that also reflects planned improvement over the next five years Preserve our e Continue federal lobbying to secure funding and sources of sand for beach re-nourishment beaches e Monitor Beachfront Concessionaires permitted through a field monitoring schedule Implement LaserFiche digitizing of records in Planning o Continue to explore other meter payment options Streamline special event permitting process & review bond requirements o Work with OBPl to develop a program to assess effectiveness of Code Compliance enforcement efforts, similar to Internal Audits' review of the parking enforcement efforts Develop and implement customer feedback mechanisms for Fleet Management services o Create service level agreements with departments for preventive maintenance (oil changes) based on new kJ engine technology, improved synthetic fluids and manufacturers recommendation and track impact on fleet - - 0 expense CI o Evaluate internal processes and cost effectiveness of decommissioning vehicleslequipment for auction I % Offer quarterly emergency management team section training m a Implement high priority initiatives derived from the June 201 1 emergency management table-top exercise after x action reports 2 L o Prepare a resident re-entry plan for after emergency events e o Initiate partnerships with the business community to both encourage the creation of business continuity plans 0) 3 - and to better involve the business community in disaster mitigation, preparation, response and recovery 3 Control costs of Work with State AttomeyIDade Chiefs to implement initiatives to reduce court overtime C .8 .- payroll including 0 Pursue pilot implementation of weekend staffing schedule for Fire Fighters with additional staffing to reduce E salary and .- overtime fringes1 Minimize o Assist and support the Mayor's pension reform efforts through the Budget Advisory Committee (BAC) Taxes1 Ensure expenditure Continue implementation of Accident Awareness and Prevention program with HR, Risk and Police by trends are initiating a process to monitor and verify licensing of driver & operators. sustainable over o Develop accident review committee cityvvlde similar to Police the long term o Pursue use of pay cards for employees without automated deposits o Continue to analyze layout of lifeguard stands and locations to evaluate needs based on utilization rates, time of day, etc, as well as explore alternate schedules, etc 0 Implement recommendations of Code financial audit Increase Continue to work with OBPl to develop a mechanism for surveying customer satisfaction at Customer community ServicelBusiness Tax window. satisfaction with 0 Replace Licensing module City government 0 Expand Service Shopper to contracted operations and charge enterprise funds as appropriate o Develop a process improvement plan to evaluate City processes on a regular basis o Procure an outside contract to improve Quality AssuranceIQuality Control and identify consistency issues in the Fire Prevention Bureau e Facilitate 201 2 Community Satisfaction Survey Expand contracted call center for use by Water and Parking 0 Coordinate between Finance, Planning, and OBPl to revise Certificate of Use fees to reflect full cost e Enhance information on City accomplishments Explore a civic pride campaign = Complete on -line application for Calendar of Events Complete on -line application for Online Surveys = Complete on -line application for Artiswendor and Street Performer and Non-Profit Vendor Lottery = Complete on -line application for Online Applications for Recreation Complete on -line application for Emergency Information Center Complete on -line application for Fast Track Permitting System Enhance intuitiveness of website e Create an On-line lottery applications Conduct IT charette to solicit input for potential mobile apps, online applications, etc. Summarize and track contract development Develop City Clerks records disposition log Upgrade Parks and Recreation software (Safari Recware) o lmplement Lasetfiche Enterprise Upgrade 0 lmplement Symantec Enterprise Vault for Police network storage Automate service shopper data entry process Implement GPS tracking system for Building and Code vehicles 0 Develop a Plan for the expansion of AVL devices and systems to all City vehicles and equipment e Explore electronic filing of elections reporting 0 Explore opportunities for providing additional online Parking services i.e. renewal and purchase of residential permits, on-street and off-street parking, etc. Pursue grant funding for Net-Witness providing ability to investigate normal and abnormal events taking place on the network 0 Enhance oversight on the networklapplication for payment card industry data security adherence and monitoring - 0 Evaluate FYI 1 meter reading automation pilot to develop recommendations for phased implementation starting -0 FYI 3 % C .- Evaluate thin client solution for further deployment Citywide C c 0 0 lmplement log management for Payment Card Industry (PCI) - Data Security Standard (DSS) Compliance , 2 o Repair conduits at Scott Rakow Youth Center, Fire Station 4, Police Norht End Sub Station and Fire Station 1 c 0 Replace Interactive Voice Response (IVR) system to reduce possibility of hardware failure and increase ability to 0 .- V) expand services Improve the 0 Document Budget - Work Plan Development and Monitoring Procedures O City's overall * Evaluate amending ordinance to increase beachfront concession upland fees financial health o Evaluate "no-cash acceptance policy" for outlying locations .- and maintain o Evaluate business improvement districts .% overall bond e Implement process to continuous verify stormwater billings and review for missed ERUs % rating 3 * Pursue alternative revenue resources related to advertising or sponsorship opportunities (develop a product to cn market for profit, sponsorship on Cable TV, advertising on parking garage arms, sponsorship for ocean rescue 0 C V) and pool lifeguard uniforms, sponsorship for Police and Fire uniforms, official City map, Blue Tooth advertising, f parking garage striping and pillars advertising, parking ticket stub advertising, parking elevator advertising) 8 o Explore Neighborhood Establishment Impact Fee C * Include electric car charging stations in parking garages 6 e Explore Kiosk machines that also sell merchandise such as gift cards m c .- o Procure master meter map program t2 o a Evaluate sponsorship on Cable TV a a e Prepare a Disaster Recovery Plan $ e Prepare a Post Disaster Redevelopment Plan Promote transparency of City operations Strengthen Internal controls Attract and e Conduct training needs and satisfaction survey Maintain a a Implement Company Store Workforce of a Implement E-based learning program Excellence e Develop on-line training modules for appropriate required and optional training modules (New KIO) 0 Provide Code staff with additional customer service training o Conduct an annual analysis reflecting the wage growth from the 2008 Classification Study e Establish an employee web portal to improve dissemination of emergency management information to City employees THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Board Of Directors of The Normandy Shores Local Government Neighborhood lmprovement District adopting the tentative Ad Valorem Millage Rate Of 1.0935 Mills For The Normandy Shores Neighborhood lmprovement District, which is nine and nine-tenth (9.9%) more than the "rolled-back" rate of 0.9946 mills, subject to a second public hearing scheduled on Tuesday, September 27,201 1 At 5:02 P.M. Key Intended Outcome Supported: I Increase visibility of police; Maintain crime rates at or below national trends. I Supporting Data (Surveys, Environmental Scan, etc.): In 2009 Community Survey, both residents and businesses reported the following areas for the City to address in an effort to improve public safety: Preventing crime (Residents: 44.9%, Business: 43.9%) Increasing police visibility (Residents: 32.4%, Business: 33.1%) Issue: Shall the Mayor and City Commission, acting in its capacity as the Board of Directors forthe Normandy Shores Local Government Neighborhood lmprovement District, adopt the attached resolution which sets the tentative AdValorem Millage Rate; the Calculated Rolled-Back Rate; and sets the date, time and place for the second public hearing? Item SummarylRecommendation: I The Droposed ad valorem millane recommended by the Administration is 1.0935 mills to provide the current level of securi$required by this district:~or the ~ormand~ shores taxing District, the value for each mill ($1 .OO of ad valorem tax for each $1,000 of property value) is determined by the 201 1 Certification of Taxable Value and has been set at $104,412. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $99,191. The 1.0935 mills will generate proceeds of $108,469, 65 percent of the proposed district budget. In addition, the City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($58,406). The City has funded the 35% for each of the eighteen years since the District was established. The increase of 0.0560 mills from the prior year millage represents an annual increase of $15.17 to the City average 201 0 homesteaded property of $271,000 taxable value (estimate based on Ad Valorem Assessment Roll received from the Miami Dade County Property Appraiser on August 17,201 O), a total of approximately $296 per year ($25 per month). It must be noted that in FY 2010/1 I, the adopted millage rate of 1.0375 resulted in a budget shortfall of $8,674. In order to close this gap, the Commission voted to waive the City's policy of not utilizing one-time, non-recurring revenue to subsidize recurring personnel, operating and maintenance costs and allowed the use of $5,639 Normandy Shores stash site dollars which resulted from the sale of the stash site in 1993, matched by an additional $3,035 in City dollars. Since this was a one-time action, the FY 201 1/12 proposed millage rate includes 0.0568 mills to fund this amount. The FY 201 1/12 proposed millage rate is above the maximum millage rate of 1.0001 allowed to be adopted by a majority vote, and will therefore require a 517 vote. L I Advisory Board Recommendation: i L I Financial Information: City Clerk's Office Legislative Tracking: r I Source of Funds: r----mq OBPl 2 Total Amount Financial Impact Summary: Account I Approved 1 I MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl .gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members o ity Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 SUBJECT:A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE OF 1.0935 MILLS FOR FISCAL YEAR (FY) 2011112 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS NINE AND NINE-TENTH PERCENT (9.9%) MORE THAN THE "ROLLED-BACK" RATE OF 0.9946 - MILLS SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27,201 1 AT 5:02 P.M. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood lmprovement District, adopt the attached resolution which sets the following: 1) The tentatively adopted millage rate of the Normandy Shores Neighborhood lmprovement District for FY 201 1/12: General Operating 1.0935 mills (1.0375 mills last year) 2) The tentatively adopted millage rate of 1.0935 mills is 9.9% more than the "Rolled-Back Rate of 0.9946 mills 3) The second public hearing to consider the final Normandy Shores Neighborhood lmprovement District operating millage rate and tentative budget for FY 201 1/12 shall be held on Tuesday, September 27 201 1 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. BACKGROUND The Normandy Shores Local Government Neighborhood lmprovement District (the District), a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 201 1/12 represents its eighteenth year of operation. FY 201 1112 Normandy Shores Tentative Millage Rate September 14,201 1 Page 2 of 3 The District was established by Ordinance 93-2881, and has the authority "to levy an ad- valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements". During FY 1998199 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25, 2002. This ensures that the City's contribution from the General Fund remains at 35% of the operating budget of the District. PROCEDURE The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be . considered immediately after the millage and budget of the principal taxing authority, i.e., City of Miami Beach. It also prescribes that a tentative millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the "Rolled-back rate, and the date, time, and place of the second public hearing scheduled to adopt the final millage. Following this, another Resolution which tentatively adopts the Normandy Shores District operating budget must be approved. (See accompanying District Budget Agenda item for details). The statute requires the name of the taxing authority, the rolled-back rate, the percentage increase, and the millage rate be publicly announced before adoption of the millage resolution. ANALYSIS On July 1,201 1, the City received the 201 1 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $104,411,853, which includes $370,264 due to new construction, renovation, etc. The preliminary value represents an increase of $2,428,718 from the July 1,2010 Certification of taxable Value of $101,983,135 (2.4 percent) and an increase of 4.7 percent over 2010's final value of $99,739,506. The proposed ad valorem millage recommended by the Administration is 1.0935 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $108,469. The increase of 0.0560 mills from the prior year millage represents an annual increase of $1 5.17 to the City average 201 0 homesteaded property of $271,000 taxable value (estimate based on Ad Valorem Assessment Roll received from the Miami Dade County Property Appraiser on August 17,2010), a total of approximately $296 per year ($25 per month). It must be noted that in FY 201011 I, the adopted millage rate of 1.0375 resulted in a budget shortfall of $8,674. In order to close this gap, the Commission voted to waive the City's FY 201 1/12 Normandy Shores Tentative Millage Rate September 14,201 1 Page 3 of 3 policy of not utilizing one-time, non-recurring revenue to subsidize recurring personnel, operating and maintenance costs and allowed the use of $5,639 Normandy Shores stash site dollars which resulted from the sale of the stash site in 1993, matched by an additional $3,035 in City dollars. Since this was a one-time action, the FY 201 1/12 proposed millage rate includes 0.0568 mills to fund this amount. For the Normandy Shores taxing District, the value for each mill ($1 .OO of ad valorem tax for each $1,000 of property value) is determined by the 201 1 Certification of Taxable Value and has been set at $1 04,412. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $99,191. Accordingly, 1.0935 mills are required to generate $108,469 in property tax revenues by the district. The rolled-back rate is the millage rate required to produce the same level of property tax revenue in FY 201 1/12 as collected in FY 2010/1 1. The rate is calculated as 0.9946 or 0.0429 mills less than the millage rate adopted for FY 201 011 1. Further, pursuant to State Statute, the City may elect to approve millage rates above the roll- back rate up to the constitutional cap of 10 mills subject to the following votes by the x Commission or referendum: Option I: A majority of the approval of the Commission Millage is required to approve a millage up to I .0001 (equivalent to a 0.55% increase in Property Tax revenues). The 0.55% increase is the state per capita personal income gain for the prior calendar year. Option 11: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 1.1001 (equivalent to a 10% increase in Property Tax revenues above Option I). Option Ill: A unanimous approval of the Commission or referendum is required to approve a millage above 1 .I001 mills The proposed rate of 1.0935 requires therefore a two-thirds approval (5 of 7 votes) of the Commission. It must be noted that in accordance with State Statute, there is a 10 mill operating cap which cannot be exceeded without voter approval. Combining both millages from the dependent district (1 -0935) and the principal taxing authority (6.21 55) totals 7.369 mills, which is 2.691 mills less than the 10 mill cap. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the District, should adopt the attached Resolution which establishes a tentative millage and schedules the second and final public hearing. RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE OF 1.0935 MILLS FOR FISCAL YEAR (FY) 2011112 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS NINE AND NINE- TENTH PERCENT (9.9%) MORE THAN THE "ROLLED-BACK" RATE OF 0.9946 MILLS, SUBJECT TO ASECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27,201 1 AT 5:02 P.M. WHEREAS, for the purpose of providing security services within the Normandy Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93-2881 on October 20,1993, which authorized the creation of the Normandy Shores Local Government Neighborhood Improvement District (District); and WHEREAS, Section 200.065, Florida Statutes, specifies the method by which municipalities may fix the operating millage rate and adopt an annual budget for dependent - . taxing districts; and WHEREAS, the maximum millage that can be approved by a simple majority (417) vote is 1.0001 ; anything beyond that requires a 517'" vote; and WHEREAS, on July 13,201 1, the City Commission adopted Resolution 201 1-27700 which set the proposed operating millage rate for the District at 1.0935 mills for the purpose of providing security services within the District; and WHEREAS, accordingly, on September 14,201 1, pursuant to Section 200.065 of the Florida Statues, the City Commission, acting as the Board of Directors of the District, held its first duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative Operating Budget (FY 201 111 2) for the District. NOW THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, that, following a duly noticed public hearing on September 14, 201 I, the Board hereby adopts the Tentative Operating Millage rate of 1.0935 mills for the District for FY 201 1112, which is nine and nine-tenth percent (9.9%) more than the "Rolled-back rate of 0.9946 mills, subject to a second public hearing scheduled on Tuesday, September 27,201 I, at 5:02 P.M. PASSED and ADOPTED this 14th day of September 201 1. ATTEST: Secretary to the District Chairperson of the District APPROVED AS TO FORM & LANGUAGE MIAMIBEACH CITY OF MIAMI BEACH -a. NOTICE OF PUBLIC HEARINGS NOTEE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 14TH, 2011, to consider the following: 5:01 p.m. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILLAGE RATE AND BUDGET FOR FISCAL YEAR 201 11201 2 FOR THE ClN OF MIAMI BEACH, 5:02 p.m. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILLAGE RATE AND BUDGET FOR FISCAL YEAR 201112012 FOR THE NORMANDY j SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT. Inquiries may be directed to the Budget Office at (305) 673-751 0. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Gle.rk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 331 39. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 331 39. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matker considered at its meeting or its hearinb, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which,the appeal is to b.e based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. at, sign language interpreters, information on access for persons with disabilities, and/or any or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), initiate your request. llY users may also call 71 1 (Florida Relay Service) Ad #661 1 AUGUST 25,20JJ NE COMMISSION ITEM SUMMARY Condensed Title: A resolution adopting the tentative operating budget for the Normandy Shores Local Government Neighborhood lmprovement District for Fiscal Year (FY) 201 1/12 subject to a second public hearing scheduled on Tuesday, September 27,201 1 at 5:02 p.m. Key Intended Outcome Supported: Increase visibility of police; Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): in 2009 Community Survey, both residents and businesses reported the following areas for the City to address in an effort to improve public safety: Preventing crime (Residents: 44.9%, Business: 43.9%) Increasing police visibility (Residents: 32.4%, Business: 33.1%) SWW"". Shall the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood lmprovement District, approve the tentative operating budget for the District for FY 201 1/12 in the amount of $166,875 subject to a second Public Hearing scheduled on Tuesday, September27,2011, at 502 P.M? Item Summary1Recommendation: The total operating expenditures to provide the current service level to this district is $166,875 for FY 201 1112. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($58,406), and the City has funded the 35% for each of the eighteen years since the District was established. The amount provided by the General Fund for this purpose in FY 2010/1 1 was $57,161. The $166,875 in FY 201 1/12 represents a $3,558 increase (2.2%) from the FY 201011 1 budget of $163,317, primarily due to the estimated impact of the living wage ordinance on the security contract expenses. To provide the current level of security required by this district, the Administration recommends the proposed ad valorem millage of 1.0935 mills. This tax levy will generate proceeds of $1 08,469. The increase of 0.0560 mills from the prior year millage represents an annual increase of $15.17 to the City average 2010 homesteaded property of $271,000 taxable value (estimate based on Ad Valorem Assessment Roll received from the Miami Dade County Property Appraiser on August 17,2010), a total of approximately $296 per year ($25 per month). It must be noted that in FY 201011 1, the adopted millage rate of 1.0375 resulted in a budget shortfall of $8,674. In order to close this gap, the Commission voted to waive the City's policy of not utilizing one-time, non-recurring revenue to subsidize recurring personnel, operating and maintenance costs and allowed the use of $5,639 Normandy Shores stash site dollars which resulted from the sale of the stash site in 1993, matched by an additional $3,035 in City dollars. Since this was a one-time action, the FY 201 1/12 proposed millage rate includes 0.0568 mills to fund this amount. Advisory Board Recommendation: Financial Information: I I City Clerk's Office Legislative Tracking: Approved Account Normandy Shores District General Fund Source of Funds: Wl OBPl I 2 Total Amount $ 108,469 58,406 $ 166,875 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE OPERATING BUDGET FOR FISCAL YEAR (FY) 201 1/12 SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27, 201 1 AT 5:02 P.M. ADMINISTRATION RECOMMENDATION Adopt the Resolution which establishes the tentative operating budget for the Normandy Shores Local Government Neighborhood lmprovement District for FY 2011112 in the amount of $166,875, subject to a second public hearing to be held on Tuesday, September 27,201 1. BACKGROUND The Normandy Shores Local Government Neighborhood lmprovement District (the District), a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 201 1/12 represents its eighteenth year of operation. The District was established by Ordinance 93-2881, and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements". During FY 1998199 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25,2002. This ensures that the City's contribution from the General Fund remains at 35% of the operating budget of the District. PROCEDURE The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the tentative millage for Normandy Shores District has been adopted (See accompanying District Millage Agenda Item for details). FY 201 1/12 Normandy Shores Proposed Budget September 14,201 1 Page 2 of 2 ANALYSIS The total operating expenditures to provide the current service level to this district is $1 66,875 for FY 201 1/12. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($58,406), and the City has funded the 35% for each of the eighteen years since the District was established. The amount provided by the General Fund for this purpose in FY 201 011 1 was $57,161. The $166,875 in FY 201 1/12 represents a $3,558 increase (2.2%) from the FY 201011 1 budget of $163,317, primarily due to the estimated impact of the living wage ordinance on the security contract expenses. To provide the current level of security required by this district, the Administration recommends the proposed ad valorem millage of 1.0935 mills. This tax levy will generate proceeds of $108,469. The increase of 0.0560 mills from the prior year millage represents an annual increase of $1 5.1 7 to the City average 2010 homesteaded property of $271,000 taxable value (estimate based on Ad Valorem Assessment Roll received from the Miami Dade County Property Appraiser on August 17,201 O), a total of approximately $296 per year ($25 per month). It must be noted that in FY 201011 1, the adopted millage rate of 1.0375 resulted in a budget ,: shortfall of $8,674. In order to close this gap, the Commission voted to waive the City's policy of not utilizing one-time, non-recurring revenue to subsidize recurring personnel, operating and maintenance costs and allowed the use of $5,639 Normandy Shores stash site dollars which resulted from the sale of the stash site in 1993, matched by an additional $3,035 in City dollars. Since this was a one-time action, the FY 201 111 2 proposed millage rate includes 0.0568 mills to fund this amount. The tentative operating budget for the District is as follows: Revenues Ad Valorem Tax $ 108,469 City's General Fund 58,406 Total $ 166,875 Expenses Security Service $ 156,724 Maintenance 10,151 Total $ 166,875 CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, should adopt the attached Resolution which establishes a tentative operating budget and schedules the second and final public hearing. RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE OPERATING BUDGET FOR FISCAL YEAR (FY) 2011112 SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27,201 1 AT 5:02 P.M. WHEREAS, for the purpose of providing security services within the Normandy Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93- 2881 on October 20, 1993, which authorized the creation of the Normandy Shores Local Government Neighborhood Improvement District (District); and WHEREAS for the purpose of providing security services within the District, a tentative budget has been developed to fund projected FY 201 1/12 operating expenses; and WHEREAS, accordingly, on September 14, 2011, pursuant to Section 200.065 of -- , the Florida Statues, the City Commission, acting as the Board of Directors of the District, held its first duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative Operating Budget (FY 201 1/12) for the District. NOW, THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, that, following a duly noticed public hearing on September 14, 201 1, the Board hereby adopts the tentative operating budget for the District for FY 201 1/12 as summarized and listed below, subject to a second public hearing scheduled on Tuesday, September 27, 201 1 at 5:02 P.M.: Revenues Ad Valorem Tax $ 108,469 City's General Fund 58,406 Total $ 166,875 Expenses Security Service $ 156,724 Maintenance 10,151 Total $ 166,875 PASSED and ADOPTED this 14th day of September, 201 1. Chairperson of the District ATTEST: APPROVED AS fb FORM & LANGUAGE & FOR EXECWON Secretary to the District