C7F-Adopt Revised Admin Guidelines Utility Billing Deposits Shut-Offs-Payment PCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Adopting Administrative
Guidelines For Utility Billing Deposits, Shut-Offs And Payment Plans As Recommended By The Finance And
Citywide Projects Committee.
Ke Intended Outcome Su orted:
Increase community satisfaction with City Government.
lace to live.
Item Summary/Recommendation:
The Administration recommends that the City Commission approve the item.
At the October 24, 2012 City of Miami Beach Commission (City Commission) meeting, two discussion items regarding
customer deposits and the implementation of rules and regulations for utility accounts were referred to the Finance
and Citywide Projects Committee (F&CWPC) for discussion.
The City Commission, at their December 12, 2012 meeting, additionally referred an item regarding shut-off
procedures for delinquent accounts.
Administration has surveyed neighboring communities and utility companies for a comparison of deposit practices
and policies. This analysis was brought forth to the F&CWP Committee for review.
That F&CWPC, at their January 24, 2013 meeting, heard a discussion item regarding utility deposits, shutoffs
and payment plans.
The Committee recommends holding a two month deposit on residential homes and condominiums and maintaining a
three month deposit on commercial and apartment building accounts. The Committee further recommended the City
pay interest on customer deposits at the annual interest rate earned by the City. The Committee additionally
recommended crediting customer deposits for residential homes and condominiums after 24 months of timely
payments.
The F&CWPC also recommended establishing a new practice of extending payment extensions to customers
requesting an additional two weeks to pay their utility accounts in an effort to avoid a service disconnection and bring
their account back into current status. The F&CWPC also recommended establishing guidelines for payment
agreements:
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Patricia D. Walker, ext. 6461
n-Offs:
Department Dir, Chief Finane· City Manager
GPE JLM
T:\AGENDA\2013\May 8\fTB -Administrative Guidelines Sum.doc
MIAMI BEACH G7F
218
& MIAMI BEACH
City of Miami Beach, 1700 Conventior; Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2013
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING ADMINISTRATIVE GUIDELINES FOR
UTILITY BILLING DEPOSITS, SHUT-OFFS AND PAYMENT PLANS AS
RECOMMENDED BY THE FINANCE AND CITYWIDE PROJECTS COMMITTEE.
ADMINISTRATION RECOMMENDA liON
The Administration recommends that the City Commission adopt the resolution.
BACKGROUND
At the October 24, 2012 City of Miami Beach Commission (City Commission) meeting, two
discussion items regarding customer deposits and the implementation of rules and regulations
for utility accounts were referred to the Finance and Citywide Projects Committee (F&CWPC)
for discussion. Both referrals requested staff review current procedures for deposits and
explore deposit policies used by other entities such as Miami-Dade County Water and Sewer.
The City Commission, at their December 12, 2012 meeting, additionally referred an item to the
F&CWPC regarding shut-off procedures for delinquent accounts.
The F&CWPC, at their January 24, 2013 meeting, heard a discussion item regarding utility
deposits, shutoffs and payment plans. The City Commission, at their March 13, 2013 meeting,
approved the minutes from the January 24, 2013 F&CWPC meeting.
The F&CWPC and City Commission, over the course of the last few years, have endorsed
various initiatives to assist residents and businesses with their utility accounts. Some of these
initiatives included:
1. Condominium Association Assistance Program: provided for payment
arrangements to those associations that are currently past due on their utility bills and
can document that at least 15% of their units are in foreclosure.
2. Utility Bill Due Dates: increased the days allowed for payment of a utility bill from 15 to
21 days, to be consistent with other utility companies.
219
City Commission Memorandum -UTB -Administrative Guidelines
MayB, 2013
Page 2 of6
3. Utility Bill Late Penalties: removed the one-time 10% penalty on the current portion of
a utility bill and adopted a recurring monthly charge of 1.5% on any portion of the
account balance that is past due.
ANALYSIS
Similar to the steps taken for the aforementioned mentioned initiatives, at their January 24, 2013
meeting, the F&CWPC unanimously recommended several modifications to the Administrative
guidelines for utility billing deposits, payment plans and shut-offs. Listed below for your review
is a summary of the current and proposed utility billing deposit, payment plan and disconnection
rules and practices. Attached as "Exhibit A" is a detailed outline of the City's current procedures
for collections and disconnections of service after an account enters into an in-arrears state.
A. Deposit Policy
Current Utility Deposit Policy
Currently, the City Code reserves the City's right to require a deposit of up to four times the
amount of any previous monthly bill. The City's current practice is to request a deposit
equivalent to the three months of average service. Per the City Code, this deposit is held until
such time as the account holder requests services are discontinued. At this point, the
guarantee of payment deposit shall be refunded less outstanding charges for service.
Administration has surveyed neighboring communities and utility companies for a comparison of
deposit practices and policies. This analysis was brought forth to the F&CWP Committee for
review.
Proposed Utility Deposit Policy
The Committee recommended holding a two month deposit on residential homes and
condominiums and maintaining a three month deposit on commercial and apartment building
accounts. The Committee further recommended the City pay interest on customer deposits at
the annual interest rate earned by the City. The Committee additionally recommended crediting
customer deposits for residential homes and condominiums after 24 months of timely payments.
1 T'iQe of Uti lit' Current
l-~~count_. Deposit
Amount~-I Residential Three Months
and of Average ! Condominium Service
I
1 Commercial Three Months
1 and Apartment of Average
~ Buildings Service
--~~----~~-·--~~
Proposed Utility Billing Deposits Policy
Prouosed c-· Current Prouosed Current
Deposit Interest Paid Interest Paid Deposit Refun
t-· Amount On Deposits on Deposits Poli~
Two Months City Interest Credited to
of Average N/A Rate Earned, account when
Service Credited account is
Annual! closed
-~~ONO
Three City Intere-st Credited to
Months N/A Rate Earned, account when
of Average Credited account is
Service -· Annually closed
"
220
Proposed
d Deposit Refund
Polic -+-~C-re-:-:cdited to account
after 24 months of
timely payments
Creditedto account
when account is
closed
City Commission Memorandum-UTB -Administrative Guidelines
May8, 2013
Page 3 of 6
B. Payment Plan and Disconnection Policy
Current Payment Plan and Disconnection Policy
The City reviews utility billing accounts on a monthly basis per an average 30 day cycle. Bills
are generated and mailed within one week after the read date. This is done after service
orders are created for re-reads for extraordinary high or low reads. Utility customers are billed
on a monthly basis and have twenty-one (21) days to make payment for a utility invoice.
Customers currently have several options available for making their monthly payments. These
options include payments via:
• On-line via the City's web portal;
• Through the City's lock-box with their bills enclosed envelope;
• In person at the City's cashier's window; and,
• Via "Auto-Pay," an automatic ACH or credit/debit card charge.
Payment arrangements are offered to customers that cannot make full payments on their utility
accounts in an effort to avoid service interruption and bring the account back into current status.
Plans are offered to all types of accounts: residential, commercial, apartments and
condominiums.
Payment plans require that the customer make a payment on a go-forward basis of their entire
current portion of their bill, plus an additional payment to bring down the balance that is in
arrears. The traditional payment arrangement is paid within a three-month period. There have
been instances where a plan has been extended beyond the three months, due to extenuating
circumstances.
Proposed Payment Plan and Disconnection Policy
The F&CWPC recommended establishing a new practice of extending payment extensions to
customers requesting an additional two weeks to pay their utility accounts in an effort to avoid a
service disconnection and bring their account back into current status.
Payment Extensions
··-Extensions Initial Pavment Due Final Pavment Due
1st Two-Week Extension $0.00 initially Total Balance Due at end
2na Week
2na Two-Week Extension ·----50% of Outstanding Total Balance Due at end
Balance 2nd Week --·
The Committee recommended implementing the above-mentioned payment extensions under
the following conditions:
• If a payment extension is entered into, current bills must be paid by due date.
• NSF/Returned Items: not eligible for payment extensions.
• If payment extension is broken, no further extensions offered.
221
City Commission Memorandum-UTB -Administrative Guidelines
May 8, 2013
Page 4 of6
The F&CWPC also recommended establishing the following guidelines for payment
agreements:
Payment Agreements
-
Description Amount Due
1 First Shut-Off 30% balance due for reconnection, 35% balance due month two, and 35%
I balance due month three.
2nd Shut-Off 50% _bai.?_!1Ce due for reco~nection, 50% b_?lance due next billing f--·-·-·-·--
3rd Shut-Off 75% balance due for reconnection, 25% balance due next billing
due date.
due date. ·-
4th Shut-Off Apply Deposit, 100% balance due for reconnection. Three-mont h deposit due,
billed over three months.
L-........
The Committee recommended implementing the referenced payment agreements under the
following conditions:
• If a payment agreement is entered into, current bills must be paid by due date.
• NSF/Returned Items: not eligible for payment agreements.
• If payment extension is broken, no further agreements offered.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed resolution as
recommended by the F&CWP.
JLM/PDW/GPE/MM
TIAGENDA\2013\May 8\UTB-Administrative Guidelines
222
City Commission Memorandum-UTB -Administrative Guidelines
MayB, 2013
Page 5 of 6
Exhibit A
Utility Billing Procedures for Collections and Disconnections of Service
City of Miami Beach
Current Utility Billing Collection Process
Utility Account Type
DescriQtion Residential Commercial Aj2artments Condominiums
Cycle 30 days 30 days 30 days 30 days
Due Date 21 days 21 days 21 days 21 days
Penalty
1.5% on past due 1.5% on past due 1.5% on past due 1.5% on past due
balance balance balance balance
Late Notice 22 days 22 days 22 days 22 days
3 Day Notice N/A N/A Yes Yes
Auto-Call -48 HR before 24 HR to make 24 HR to make 24 HR to make 24 HR to make
service disconnection payment payment payment payment
• If a bill is not paid a within twenty-one (21) days, a 1. 5% penalty is added to the past due
balance on the account and a courtesy "Late Notice" is generated and sent to the
customer. The account is then "Past Due" which allows for an additional seven (7) days
to pay otheiWise service will be subject to disconnection.
• If the past due balances are still not paid and no payment arrangement has been made:
o Residential/Commercial service is disconnected for all water monies owed. This
includes all past due funds with any additional billings that have been generated
(current billing).
o Apartments and Condominiums receive a three day notice placed on the
premises by Public Works for all monies owed. This includes all past due funds
with any additional billings that have been generated (current billing).
• If no payments are made and no calls have been received to make payment
arrangements, service is scheduled to be disconnected.
• Once the account is scheduled to be disconnected, the customer will receive a phone
call (placed to the account's main contact number) before the scheduled disconnection.
The phone call outlines the date the account is scheduled to be disconnected (48 hours)
and the process as to how to resolve the issue. The phone call also includes the final
day/time payment can be received (24 hours) to prevent the disconnection order from
being executed.
• Service disconnections are performed on Tuesday, Wednesday, and Thursday, based
on staff availability, as well as, respect to holidays.
223
City Commission Memorandum-UTB -Administrative Guidelines
May8, 2013
Page 6 of6
• If the utility account is paid, or a payment arrangement is made, on the day of the
service disconnection, the account will be reconnected the same day if the
payment/arrangement is made before 3pm. A $40 disconnect/reconnect charged is
billed to the customer.
• If the utility account is paid, or a payment arrangement is made, on the day of the
service disconnection, after 3:00 PM, the service will be reconnected the next business
day.
• If customer wants service reconnected after normal working hours, the Public Works
Department is contacted in order to verify there are available personnel to reinstall
service. If staff is available for an afterhours turn-on, a $50 afterhours charge is billed to
the customer.
• For those customers that have had their utility service disconnected and no payment has
been made, a service order is created to verify that the service is still off and no
tampering/illegal use has occurred. If an illegal connection has been made, the Public
Works Department will remove the meter and a Lien letter is sent to the customer. A
$100 tampering/illegal use fee is charged to the account. For a second offense a $200
fee is imposed and $300 fee for a third violation.
• If the service has been disconnected and no payment arrangements have been made, a
thirty (30) day "Lien Letter" is sent to the property owner. If after thirty (30) days no
response or payment is made, the Lien is then sent to Miami-Dade County to be officially
recorded.
224
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING REVISED
ADMINISTRATIVE GUIDELINES FOR UTILITY BILLING
DEPOSITS, SHUT-OFFS, AND PAYMENT PLANS AS
RECOMMENDED BY THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE.
WHEREAS, the Miami Beach City Commission, at its October 24, 2012 meeting, referred
two discussion items regarding customer deposits and the implementation of rules and regulations
for utility accounts to the Finance and Citywide Projects Committee (F&CWPC) for discussion; and
WHEREAS, both referrals requested staff review current procedures for deposits and
explore deposit policies used by other entities such as Miami-Dade County Water and Sewer; and
WHEREAS, the City Commission, at its December 12, 2012 meeting, additionally referred an
item to the F&CWPC regarding shut-off procedures for delinquent accounts; and
WHEREAS, City Administration has surveyed neighboring communities and utility
companies for a comparison of utility billing deposit, shut-off, and payment plan practices and
policies and has brought forth this analysis to the F&CWPC for review; and
WHEREAS, the F&CWPC, at its January 24, 2013 meeting, unanimously recommended
several modifications to the Administrative Guidelines for utility billing deposits, payment plans and
shut-offs; and
WHEREAS, the F&CWPC recommends holding a two month deposit on residential homes
and condominiums and maintaining a three month deposit on commercial and apartment building
accounts; and
WHEREAS, the F&CWPC further recommends that the City pay interest on customer
deposits at the annual interest rate earned by the City; and
WHEREAS, the F&CWPC additionally recommends crediting customer deposits for
residential homes and condominiums after 24 months of timely payments; and
WHEREAS, in addition, the F&CWPC recommends establishing a new practice of extending
payment extensions to customers requesting an additional two weeks to pay their utility accounts in
an effort to avoid a service disconnection and bring their account back into current status; and
WHEREAS, the F&CWPC also recommends establishing fixed guidelines for payment
agreements for shut-off utility accounts; and
WHEREAS, the revised Administrative Guidelines recommended by the F&CWPC, and as
more fully set forth in the Commission Memorandum accompanying this Resolution and in Exhibit A
hereto, are approved by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby adopt the Administrative Guidelines for utility billing deposits, shut-offs, and payment plans
225
as recommended by the Finance and Citywide Projects Committee and as more fully set forth in the
Commission Memorandum accompanying this Resolution and in Exhibit A hereto.
PASSED AND ADOPTED this 81h day of May, 2013.
ATTEST:
Rafael Granado, City Clerk
T:\AGENDA\2013\May 8\UTB Administrtative Guidelines Reso.doc
226
Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
&FOR CUTION
Exhibit A
Revised Administrative Guidelines
Utility Billing Deposits Policy
Type of Current Proposed Current Proposed Current Proposed
Utility Deposit Deposit Interest Interest Deposit Deposit
Account Amount Amount Paid Paid Refund Refund
On on Policy Policy
Deposits Deposits
R esidential Three Two City Credited to Credited to
and Months Months N/A Interest account account after
c ondominium of of Rate when 24 months of
Average Average Earned, account is timely
Service Service Credited closed payments
---~
Annually
c om mercia I Three Three City Credited to Credited to
and Months Months N/A Interest account account when
Apartment of of Rate when account is
Buildings Average Average Earned, account is closed
Service Service Credited closed
Annually
Payment Plan and Disconnection Policy
Payment Extensions
Extensions Initial Pavment Due Final Pavment Due
1st Two~Week Extension $0.00 initially Total Balance Due at end
~wo~Week Extension
2nd Week
50% of Outstanding Total Balance Due at end
Balance 2nd Week
Payment Agreements
,. ..
Descriotion Amount Due
First Shut-Off 30% balance due for reconnection, 35% balance due month two, and 35%
balance due month three.
,--;--·
2nd Shut-Off 50% balance due for reconnection, 50% balance due next billing due date.
3rd Shut-Off 75% balance due for reconnection, 25% balance due next billing due date.
41n Shut-Off Apply Deposit, 100% balance due for reconnection. Three-month deposit due, -·
billed over three months.
227