AGENDA AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010.

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1 CITY OF NORTH MIAMI BEACH Public Budget Hearing Council Chambers, 2nd Floor City Hall, NE 19th Avenue North Miami Beach, FL Tuesday, September 28, :00 PM Mayor Myron Rosner Vice Mayor Beth E. Spiegel Councilman Phillippe Derose Councilman John Patrick Julien Councilwoman Barbara Kramer Councilwoman Frantz Pierre Councilwoman Phyllis S. Smith Acting City Manager Roslyn Weisblum City Attorney Darcee S. Siegel City Clerk Susan A. Owens, CMC NOTICE TO ALL LOBBYISTS: Any person who receives compensation, remuneration or expenses for conducting lobbying activities is required to register as a Lobbyist with the City Clerk prior to engaging in lobbying activities before City Boards, Committees, or the City Council. AGENDA 1. ROLL CALL OF THE CITY OFFICIALS 2. PLEDGE OF ALLEGIANCE 3. LEGISLATION 3.1 Ordinance No (Second and Final Reading) AN ORDINANCE FIXING THE MILLAGE RATE FOR AD VALOREM TAXES ON REAL AND PERSONAL PROPERTY IN THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND FIXING THE MILLAGE RATES FOR DEBT SERVICE ON THE GENERAL OBLIGATION BONDS, SERIES 2000B AND SERIES 2002A. 3.2 Ordinance No (Second and Final Reading) AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, Ordinance No (Second and Final Reading) 4. ADJOURNMENT AN ORDINANCE OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER XIX OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ENTITLED "WATER AND SEWERS"; IMPLEMENTING A PREVIOUSLY AUTHORIZED PSC ANNUAL INFLATION ADJUSTMENT; IMPLEMENTING A PREVIOUSLY AUTHORIZED ANNUAL INCREASE IN WATER AND SEWER RATES, FEES, AND CHARGES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE.

2 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: Mayor and City Council Roslyn Weisblum, Acting City Manager DATE: Tuesday, September 28, 2010 RE: Ordinance No (Second and Final Reading) BACKGROUND: First reading of the Ordinance to establish a Millage rate for Fiscal Year 2011 RECOMMENDATION: Respectfully request that the City Council approve and adopt the Millage rate for Fiscal year commencing October 1, 2010 and ending September 30, 2011 FISCAL IMPACT: CONTACT PERSON(S): Susan Gooding-Liburd, Finance Director ATTACHMENTS: Ordinance No

3 ORDINANCE NO AN ORDINANCE FIXING THE MILLAGE RATE FOR AD VALOREM TAXES ON REAL AND PERSONAL PROPERTY IN THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND FIXING THE MILLAGE RATES FOR DEBT SERVICE ON THE GENERAL OBLIGATION BONDS, SERIES 2000B AND SERIES 2002A. WHEREAS, the City Council of the City of North Miami Beach is contemplating the adoption of the annual budget of the City of North Miami Beach for the fiscal year commencing October 1, 2010 and ending September 30, 2011; and WHEREAS, said action shall constitute an appropriation of the expenditures authorized therein; and WHEREAS, pursuant to the Home Rule Charter of Miami-Dade County, the City of North Miami Beach is required to use the assessment rolls as prepared by the Miami-Dade County Property Appraiser and certified to the City Council. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Miami Beach, Florida. Section 1. The foregoing recitals are true and correct. Section 2. There is hereby levied and assessed on all property subject to taxation in the City of North Miami Beach, both real and personal, the sum of mills per thousand dollars of assessed valuation, which is below the current year rolled-back rate, as set forth in the tax rolls of the City of North Miami Beach and as equalized by the Miami-Dade County Commission and certified by it for the year 2010 and setting the millage rate for the debt service for the series 2002A General Obligation bonds ORDINANCE NO

4 (refinanced 1994 GO Bonds) at mills per thousand dollars of assessed value and for the series 2000B General Obligation bonds at per thousand dollars of assessed value for a total debt service millage rate of per thousand dollars of assessed value. Section 3. The administration of the City of North Miami Beach is authorized to perform all acts necessary to carry out the intents and purposes of this Ordinance. APPROVED BY TITLE ONLY on first reading this day of September, APPROVED AND ADOPTED on second reading this day of September, ATTEST: SUSAN A. OWENS CITY CLERK (CITY SEAL) MYRON ROSNER MAYOR APPROVED AS TO FORM: DARCEE S.SIEGEL CITY ATTORNEY SPONSORED BY: Mayor and City Council ORDINANCE NO

5 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: Mayor and City Council Roslyn Weisblum, Acting City Manager DATE: Tuesday, September 28, 2010 RE: Ordinance No (Second and Final Reading) BACKGROUND: Budgeting is one of the most important activities undertaken by governments. The budget is a plan of financial operation embodying an estimate of proposed expenditures for a given period and the proposed means of financing them. The budget serves as the primary tool in allocating financial resources to programs and services. This process should involve all stakeholders - elected officials, governmental administrators, employees, citizen groups, and business leaders - and reflect their overall needs and priorities. A budget process that is well-integrated with the other activities of the government and involves those stakeholders will lead to a more efficient and accepted government. Specifically, the budget can serve as a policy making tool, a management tool, a financial tool, and a communication tool. The end result should be a balanced budget that has been well planned and communicated among all stakeholders. Section , Florida Statutes (Municipalities) and Sections , Florida Statutes (Counties) provide specific requirements for local governments to follow when adopting annual budgets. Some of those requirements are as follows: The local government's budget must be adopted by resolution or ordinance, unless otherwise specified in the local government's charter. The amount available from taxation and other sources, including amounts carried over from prior fiscal years, must equal the total appropriations for expenditures and reserves. The adopted budget may be amended at any time during the fiscal year or within sixty (60) days following the end of the fiscal year. If the amendment increases the total amount of expenditures by fund or department, the budget amendment must be adopted in the same manner as the original budget, unless otherwise specified in the local government's charter. Counties are required to follow specific advertising requirements (Section , Florida Statutes) with respect to the adoption of budget amendments. Chapter 200, Florida Statutes and the Truth in Millage (TRIM) guidelines promulgated by the Florida Department of Revenue outline specific requirements that local governments must follow with respect to adopting property tax rates and budgets. Some of the key requirements are as follows:

6 Specific timetables with respect to the noticing of the local Property Appraiser's office for the adoption of the ad valorem millage rate and budget; the scheduling of the Tentative and Final Millage Rate/Budget public hearings and the respective advertising of the public hearings. The preparation of specific forms which must be sent to the local Property Appraiser's and Tax Collector's offices and the Florida Department of Revenue. The placement of specific advertisements which are uniform throughout the state based on the local government's situation. Due to the size of the budget, it will be provided under separate cover. RECOMMENDATION: Respectfully request that the City Council approve and adopt the budget for Fiscal year commencing October 1, 2010 and ending September 30, FISCAL IMPACT: General Fund: $49,236,288 Self Insurance Fund: $1,976,183 Special Revenue Fund: $9,061,142 Debt Service Fund: $4,035,238 Capital Improvement Fund: 321,200 Enterprise Fund: $52,783,773 CONTACT PERSON(S): Susan Gooding-Liburd, Finance Director ATTACHMENTS: Budget memo Ordinance No

7 September 28, 2010 Dear Mayor and Council: I am pleased to provide you with the fiscal year 2011 proposed budget for tonight s second budget hearing. The total combined budget of all funds is $117,413,824, which includes the General Fund ($49.2 million), the Water Fund ($36.5 million), and the Sewer Fund ($10.2 million), as well as many single purpose funds. At the September 14, 2010 budget hearing staff was directed to do the following: 1. Change the supplemental contribution to the police pension to $750,000 from $200, Direct senior management staff (tier 1 to 3) to pay the same rate as the ASFCME employees in contributing to their health care, which resulted in a $129,699 reduction of expense for the general fund. 3. Include $180,000 for computer software upgrade. 4. Merge the Leisure Service Enterprise Fund back into the General Fund. 5. Increase water and sewer rates by 10%. In the proposed budget for FY2011, these changes are reflected. The proposed budget is supported by three sources of revenues: Property Taxes, State-Shared and City/Local Controlled Revenues. Property Taxes: Going forward, the long-term challenge that we will be facing is the cap on property taxes that the voters and Florida Legislature have placed on local government. Miami-Dade County has set our preliminary estimated fiscal year 2011 proposed taxable value at approximately $1.8 billion, a 20.4% reduction from the prior year. Last year, the City of North Miami Beach s operating millage was and the debt millage was for a total millage of The fiscal year 2011 budget is proposed at an operating millage of and the debt millage rate is for a total millage of Intergovernmental Revenue: The State has released its estimates based on statewide economic forecasts. Revenue is expected to decrease by at least 15 percent. We, as a city, have very little input into these forecasts. Local/Controlled Revenue: The local controlled revenue is the only revenue in which the City has a significant impact. Throughout last fiscal year, ordinances were established to modify revenues that are under local control. A revenue sufficiency analysis was conducted for the Water and Sewer utility which resulted in 5-year, 10% annual increase in rates to establish a construction reserve, to fund capital infrastructure improvements.

8 BUDGET HIGHLIGHTS Reduction of 13 full-time employee positions (FTE s) from last year, resulting in a total of 505 FTE s for FY 2011 Total General Fund Budget decreased from $55 million to $49 million, a 10.9% decrease compared to last year s budget if approved by the City Council with all recommendations Total combined budget for FY 2011 decreased by approximately $9 million from $125 to $117, which is a 6.4% decrease when compared to last year s budget, if approved by the City Council with all recommendations All pension plan obligations funded General employees union contract in compliance No Layoffs, no reduction in services Dental insurance coverage is now a voluntary item Continue to fund the City s reserve Other Post Employment (OPEB) funded Restructure of departments (Community Development with Public Services) Despite the challenges we encountered in balancing the needs of City services against the desires of property owners for lower taxes, we continue to meet our obligations. Given the current economy, we will continue to face challenges, but we are confident that we will endure. In this proposed budget, I have outlined several goals for fiscal year 2011: maintain current levels of service; investing in our infrastructure (Capital Improvement); Upgrade the Accounting System; continue our C.A.R.E. program (Phase III); Green Initiatives (Curbside Recycling); continuing contribution to General Fund Reserve balance; continuing funding of Other Postemployment Benefit (OPEB) liability; Performance Energy Contract; rebranding NMB City Hall Complex; continuing coordination of efforts between Code and Police Department; community policing, and pursuing additional revenue through grants. We are grateful to you for your continued contributions to the budget development process. The confidences you hold in staff makes it possible for us to provide the platform for the City of North Miami Beach to achieve the results our residents expect. Sincerely, Roslyn Weisblum Acting City Manager

9 ORDINANCE NO AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, WHEREAS, on September 14, 2010 at a special budget hearing, the City Council of the City of North Miami Beach approved and adopted, as amended, the annual budget of the City of North Miami Beach for the fiscal year ; and WHEREAS, copies of said Budget have been made available for public inspection in the office of the City Clerk as required by the City Charter; and WHEREAS, the citizens of the City of North Miami Beach were given reasonable opportunity to express their views at the advertised public hearings, after which the City Council did increase, decrease, accept and strike certain proposed items and the Council is now prepared to accept the Budget as finalized and as reflected by a copy of the Budget on file in the City Clerk's office; and WHEREAS, from time to time during the normal conduct of the City s operations, situations arise which require the amendment or modification of the City s annual adopted budget; and WHEREAS, the City Council is desirous of allowing the City Manager the flexibility to make adjustments to the City s annual adopted budget when the necessity arises without further action by the City Council, subject to the limitations contained herein. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Miami Beach, Florida. Section 1. The foregoing recitals are true and correct. Section 2. The City Council of the City of North Miami Beach hereby adopts as the operating Budget, which includes the Public Utilities Budget of the City of North Miami Beach, for the ORDINANCE NO

10 fiscal year commencing October 1, 2010 and ending September 30, 2011, that Budget as approved by the City Council, a copy of which is on file in the City Clerk's office of the City of North Miami Beach. Section 3. The amount set forth in the approved Budget for expenditures are hereby appropriated to the specified purposes subject to such transfers as may be authorized by law. Section 4. The provisions of this Ordinance shall not be deemed to be a limitation on the powers granted to the City Council by the City Charter and which relate to the fiscal management of the City s funds. Section 5. From time to time, the City Council may transfer funds from one fund, account or department to another as the necessity for the same may occur without being required to further amend the terms and provisions of this Ordinance. Section 6. The City Manager is hereby granted the authority to amend, modify, or otherwise adjust the City s annual budget to a maximum limit of $50,000 per individual occurrence. APPROVED BY TITLE ONLY on first reading this day of September, 2010 APPROVED AND ADOPTED on second reading this day of September, ATTEST: SUSAN A. OWENS CITY CLERK MYRON ROSNER MAYOR (CITY SEAL) APPROVED AS TO FORM: DARCEE S. SIEGEL CITY ATTORNEY SPONSORED BY: Mayor and City Council ORDINANCE NO

11 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: Mayor and City Council Roslyn Weisblum, Acting City Manager DATE: Tuesday, September 28, 2010 RE: Ordinance No (Second and Final Reading) BACKGROUND: RECOMMENDATION: Pursuant to North Miami Beach Code Sections a.4. and 19-31a.4. a 0.56 percent annual inflation index, which is determined by the Florida Public Service Commission, will be applied to all current fees and charges. Also, the annual rate increase of 10 percent will be implemented for water and sewer rates as authorized through fiscal year 2012 pursuant to North Miami Beach Code Sections a.7. and 19-31a.6. The 2007 "Utilities Rate Study" recommended revising water and sewer rates, fees, and charges, including an annual increase of 10% for five years to enable the utility to meet all anticipated federal and state regulatory health, safety, and water quality mandates. Staff recommends that the Council adopt this ordinance with these previously authorized increases. The Public Utilities Commission also recommended approval of these rates as part of the utility budget at their August 12, 2010 meeting. FISCAL IMPACT: Water and sewer revenues will increase by approximately $3 million and $1 million respectively. General revenue will increase by approximately $650,000. CONTACT PERSON(S): Roslyn Weisblum, Assistant City Manager Barbara Trinka, Utilities Finance Manager ATTACHMENTS: Ordinance No

12 ORDINANCE NO AN ORDINANCE OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER XIX OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ENTITLED WATER AND SEWERS ; IMPLEMENTING A PREVIOUSLY AUTHORIZED PSC ANNUAL INFLATION ADJUSTMENT; IMPLEMENTING A PREVIOUSLY AUTHORIZED ANNUAL INCREASE IN WATER AND SEWER RATES, FEES, AND CHARGES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE. WHEREAS, the City of North Miami Beach has a water and sewer utility which provides water and sewer service to customers both within and without the city limits; and WHEREAS, the continuation of efficient and high quality water and sewer service is crucial to the health, safety and welfare of the utility s customers; and WHEREAS, in order to provide for the operation, maintenance, security and improvement of the City s technologically advanced Norwood Oeffler Water Treatment Plant; wellfields; water and sewer treatment, transmission, distribution, billing and collection; water metering and reading equipment; related facilities and resources; and to ensure continued efficient and high quality water and sewer service to the customers of the City s utility, the City Council previously authorized an automatic annual public inflation rate adjustment and an annual 10% rate increase through fiscal year 2012; and WHEREAS, the Mayor and City Council of the City of North Miami Beach desire to revise the rates, fees, and charges imposed by the North Miami Beach public utility effective for all billings on or after October 1, 2010; to implement the Public Service Commission automatic annual public inflation rate adjustment of 0.56% for water and sewer rates, fees, and charges, ORDINANCE NO

13 pursuant to Sections a.4. and 19-31a.4. of the Code of Ordinances of the City of North Miami Beach; and to implement the annual rate increase of 10%, for water and sewer rates, fees, and charges as authorized through fiscal year 2012 by Sections a.7. and 19-31a.6.; in order to guarantee continued efficient and high quality service to the utility customers. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Miami Beach, Florida. Section 1. The foregoing recitals are true and correct. Section 2. Chapter XIX of the Code of Ordinances of the City of North Miami Beach is hereby amended as follows: Article II Water Sec Consumer Rates Metered. a. The following rates for metered water usage apply to retail customers of the utility: 1. There shall be a minimum charge per billing unit of eight dollars and eighty-five ($8.85) nine dollars and seventy-eight ($9.78) cents for Single Family and ten dollars and twenty-four ($10.24) eleven dollars and thirty-two ($11.32) cents for Multi-Family and Non-Residential meters. The number of billing units used to compute the minimum charge is determined by the meter size as follows: Equivalency Single Minimum Charge Multi-Family Meter Size Factor Family Non-Residential 1 $8.85 $9.78 $10.24 $ /4" 1 $8.85 $9.78 $10.24 $ " 2.5 $22.13 $24.45 $25.60 $ /2" 5 $44.25 $48.90 $51.20 $ " 8 $70.80 $78.24 $81.92 $ " 16 N/A $ $ " 25 N/A $ $ " 50 N/A $ $ " 80 N/A $ $ " 115 N/A $1, $1, N/A $19.05 $21.44 $19.05 $21.44 Metered fireline (any size) ORDINANCE NO

14 2. There shall be a base consumption charge of two dollars and sixty-six ninety-four ($2.66 $2.94) cents per one thousand (1,000) gallons. The schedule of consumption charges including increments is as follows: Single Family & Non-Residential Multi-Family Consumption Charge Base consumption: 0 7,000 Gallons per Month 0-5,000 Gallons per Month per Unit $2.66 $2.94 First increment: 8,000 12,000 Gallons per Month 6,000 9,000 Gallons per Month per Unit $2.97 $3.28 Second increment: Over 12,000 Gallons per Month Over 9,000 Gallons per Month per Unit $3.69 $ There shall be a Homeland Security Surcharge of one dollar and ninety-five ($1.95) two dollars and sixteen ($2.16) cents per billing unit. The number of billing units used to compute the charge is determined by the meter size as follows: Equivalency Homeland Meter Size Factor Security Surcharge 5/8" 1 $1.95 $2.16 3/4" 1 $1.95 $2.16 1" 2.5 $4.88 $ /2" 5 $9.75 $ " 8 $15.60 $ " 16 $31.20 $ " 25 $48.75 $ " 50 $97.50 $ " 80 $ $ " 115 $ $ ORDINANCE NO

15 Sec Same---Private Fire Service Protection, Installing. a. Charges or rates for special private fire services as based upon the size of the connection with the City distribution system thereof, are as follows: 1. Six (6) inch private unmetered fire service connection, $18.03 $19.93 per month. 2. Eight (8) inch private unmetered fire service connection, $24.03 $26.57 per month. Sec Rates and Charges Article III Sewers The following rates and charges are hereby adopted for all customers of the sewer service of North Miami Beach, Florida. a. Rates for Sewage Collection and Disposal. The following rates for sewer collection and disposal, based on metered water usage, shall apply to all retail customers: 1. There shall be a minimum charge of $18.28 $20.21 per billing unit. The number of billing units used to compute the minimum charge is determined by meter size as follows: Equivalency Minimum Meter Size Factor Charge 5/8" 1 $18.28 $ /4" 1 $18.28 $ " 2.5 $45.70 $ /2" 5 $91.40 $ " 8 $ $ " 16 $ $ " 25 $ $ " 50 $ $1, There shall be a consumption charge of five dollars and thirty-eight ninety-five ($5.38 $5.95) cents per one thousand (1,000) gallons. * ORDINANCE NO

16 * The rates specified herein do not include a pass-through adjustment as provided for in Section 19-31a.5. of the Code of Ordinances of the City of North Miami Beach. If and when Miami-Dade Water & Sewer Department notifies the City of increases in wholesale wastewater charges, these rates will be adjusted accordingly. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 5. It is the intention of the City Council of the City of North Miami Beach and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of North Miami Beach, Florida. The Sections of this Ordinance may be renumbered or relettered to accomplish this intention and the word Ordinance may be changed to Section, Article, or other appropriate word as the Codifier may deem fit. APPROVED BY TITLE ONLY on first reading this day of September, APPROVED AND ADOPTED on second reading this day of September, ATTEST: SUSAN A. OWENS CITY CLERK (CITY SEAL) MYRON ROSNER MAYOR APPROVED AS TO FORM: DARCEE S. SIEGEL CITY ATTORNEY SPONSORED BY: Mayor and City Council NOTE: Underlining denotes additions and cross-outs denote deletions. ORDINANCE NO

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