09-14-2010
City Commission
Susan Gottlieb, Mayor
A ':!he City of
~ventura
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City MIUlIIPT
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
T eri Holzberg
Michael Stern
Luz Urhaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attorney
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
SEPTEMBER 14,2010 6PM
Government Center
]9200 West Country Club Drive
A ventura, Florida 33] 80
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PUBLIC HEARINGS: ORDINANCES: FIRST READING - 2010/2011 BUDGET
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER
THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE,
WHICH IS 7.44% BELOW THE ROLLED BACK RATE COMPUTED
PURSUANT TO STATE LAW, FOR THE 2010 TAX YEAR; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS
REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW
MEETING HELD ON JULY 15,2010, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 2010/2011 FISCAL YEAR, PURSUANT TO SECTION 4.05
OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY
CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION;
PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS;
PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND
THE RE-APPROPRIA TION OF UNEXPENDED CAPITAL
APPROPRIATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
4. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilrties Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, ~901, not later than two days prior
to such proceeding. One or more members of the City of Aventura Advisory Boards may be in ettendence. Anyone wishing to appeal any decision made by
the Aventura City Commission with respect to any metter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,
may need to 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida,
33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~/ /
Eric M. Soroka, ICMA-CM, Crty ~ager:7
September 7,2010 \
TO:
DATE:
SUBJECT: Ordinance Adopting Ad Valorem Tax Rate for Fiscal Year 2010/11
1st Reading September 14 2010 City Commission Meeting Agenda Item ~ ~
2nd Reading September 22, 2010 City Commission Meeting Agenda Item
Attached for your approval is an Ordinance adopting the ad valorem tax rate for fiscal
year 2010/11.
RECOMMENDATION
It is recommended that the City Commission adopt a millage rate of 1.7261 for fiscal
year 2010/11. This rate includes no increase and in fact will result in tax savings to
some residents whose taxable assessed value decreased. This will generate
$11,879,670 based on an assessed value of $7,244,606,607. This is $1,343,367 less
than the previous year. In light of the economic times our residents and businesses are
experiencing the decision was made to hold our millage rate to the previous year.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF
AVENTURA AD VALOREM TAX OPERATING MILLAGE
LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS
OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS
7.44% BELOW THE ROLLED BACK RATE COMPUTED
PURSUANT TO STATE LAW, FOR THE 2010 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami-Dade County Property Appraiser has certified a Tax
Assessment Roll for the year 2010 which includes the assessment for the City of
Aventura; and
WHEREAS, the City Commission and the City Manager of the City of Aventura
have reviewed the 2010/2011 fiscal year budget for the various operating departments
of the City and the means of financing said budget; and
WHEREAS, the City Commission has considered an estimate of the necessary
expenditures contemplated for the fiscal year ensuing, and has determined that the levy
set forth herein below shall provide a portion of the necessary funds for said
expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS THAT:
Section 1. The City Commission does hereby establish and adopt the City of
Aventura Ad Valorem Tax Operating Millage Levy Rate of 1.7261 mils for the 2010 tax
year, or $1.7261 per thousand dollars of taxable assessed property value. Said rate is
less than the rolled back rate of 1.8649 mills by 7.44%.
Section 2. The Miami-Dade County Tax Collector is hereby directed to proceed
with the collection and enforcement of the taxes levied herein as authorized by State
and County law.
Section 3. All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Ordinance No. 2010-_
Page 2
Section 4. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner _' who moved its
adoption on first reading. This motion was seconded by Commissioner _' and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner _, who moved its
adoption on second reading. This motion was seconded by Commissioner _' and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
2
Ordinance No. 2010-_
Page 3
PASSED AND ADOPTED on first reading this 14th day of September, 2010.
PASSED AND ADOPTED on second reading this 22nd day of September,
2010.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission
Eric M. Soroka, ICMA-CM, ~~~~~
. (
September 7, 2010 \j
TO:
DATE:
SUBJECT: Ordinance Adopting 2010/20110perating and Capital Budget
1st Reading September 14,2010 City Commission Meeting Agenda Item .3 B
2nd Reading September 22, 2010 City Commission Meeting Agenda Item
Attached for your consideration is the adopting Ordinance and documentation for the
2010/11 Operating and Capital Budget.
The Ordinance format is similar to the one utilized to adopt the 2009/10 fiscal year .
If you have any questions, please feel free to contact me.
EMS/act
Attachment
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED TENTATIVE OPERATING
AND CAPITAL BUDGET, AS REVIEWED AND
APPROVED BY CITY COMMISSION AT THE REVIEW
MEETING HELD ON JULY 15, 2010, AS THE CITY OF
A VENTURA FINAL BUDGET FOR THE 201012011 FISCAL
YEAR, PURSUANT TO SECTION 4.05 OF THE CITY
CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR PROCEDURES REGARDING ENCUMBRANCES
AND THE RE-APPROPRIA TION OF UNEXPENDED
CAPITAL APPROPRIATIONS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. The tentative 2010/2011 Operating and Capital Improvement
Program Budget, reviewed and approved by the City Commission on July 15, 2010, a
copy of said budget being attached hereto and made a part hereof as specifically as if
set forth at length herein, be and the same is hereby established and adopted as the
City of Aventura's final budget for the 2010/2011 fiscal year. The tentative budget
adopted hereby may be amended or adjusted by a motion approved by a majority vote
of the City Commission at the public hearings in accordance with State Statutes.
Section 2. Expenditure of Funds Appropriated in the Budaet Authorized. Funds
appropriated in the Budget may be expended by and with the approval of the City
Manager in accordance with the provisions of the City Charter and applicable law. Funds
Ordinance No. 2010-_
Page 2
of the City shall be expended in accordance with the appropriations provided in the
Budget adopted by this Ordinance and shall constitute an appropriation of the amounts
specified therein. Supplemental appropriations or the reduction of appropriations, if any,
shall be made in accordance with Section 4.07 of the City Charter.
Section 3. BudQetarv Control. The 2010/2011 Operating and Capital Outlay
Budget establishes a limitation on expenditures by department total. Said limitation
requires that the total sum allocated to each department for operating and capital
expenses may not be increased or decreased without specific authorization by a duly-
enacted Resolution affecting such amendment or transfer. Therefore, the City Manager
may authorize transfers from one individual line item account to another, so long as the
line item accounts are within the same department and fund.
Section 4. Personnel Authorization. The "Personnel Allocation Summary"
included within each department budget enumerates all authorized budgeted positions for
appointment by the City Manager. All personnel filling said authorized positions shall be
paid pursuant to the City's Budget, Personnel Policies and/or collective bargaining
agreements.
Section 5. Grants and Gifts. When the City of Aventura receives monies from
any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is
attached as a condition of acceptance any limitation regarding the use or expenditures of
the monies received, the funds so received need not be shown in the Operating Budget
nor shall said budget be subject to amendment of expenditures as a result of the receipt
2
Ordinance No. 2010-_
Page 3
of said monies, but said monies shall only be disbursed and applied toward the purposes
for which the said funds were received. To ensure the integrity of the Operating Budget,
and the integrity of the monies received by the City under Grants or Gifts, all monies
received as contemplated above must, upon receipt, be segregated and accounted for
based upon generally accepted accounting principles and where appropriate, placed into
separate and individual trust and/or escrow accounts from which any money drawn may
only be disbursed and applied within the limitations placed upon the Gift or Grant as
aforesaid.
Section 6. Amendments. Upon the passage and adoption of the 2010/2011 fiscal
year Budget for the City of Aventura, if the City Manager determines that an Operating
Department Total or a Capital Outlay Line Item will exceed its original appropriation, the
City Manager is hereby authorized and directed to prepare such Resolutions as may be
necessary and proper to modify any line item from the Budget hereby.
Section 7. Encumbrances.
1. All outstanding encumbrances for operating expenditures at September 30, 2010
shall lapse at that time; and,
2. All outstanding encumbrances for Capital Expenditures as at September 30, 2010
shall lapse at that time; and, that all unexpended Capital appropriations, including
outstanding encumbrances, may be added, at the City Manager's discretion, to the
corresponding 2009/2010 available balances and be simultaneously re-
appropriated for capital expenditures, as previously approved in the 2009/2010
fiscal year; and,
3. It is contemplated and acknowledged that the possible addition of available Capital
balances in the General Fund and other Funds and their simultaneous re-
appropriation, at the City Manager's discretion, under this Section shall not be
interpreted or construed as an increase in revenues available for appropriation
3
Ordinance No. 2010-
Page 4
under Section 4.07 of the City Charter or as a variation of the total budget under
Section 6 of the City's Original Budget Ordinance.
Section 8. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 9. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner _, who moved its
adoption on first reading. This motion was seconded by Commissioner _, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner _' who moved its
adoption on second reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
4
Ordinance No. 2010-_
Page 5
PASSED AND ADOPTED on first reading this 14th day of September, 2010.
PASSED AND ADOPTED on second reading this 22"d day of September, 2010.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
5