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Home My Public Portal About20-9780 The Electorate Proposed Budget AmendmentsSponsored by: City Manager RESOLUTION NO. 20-9780 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE PROPOSED CHARTER BUDGET AMENDMENTS TO SPECIFICALLY AMENDING ARTICLE IV, SECTION 4.5(B) TO ALLOW FOR THE ANNUAL BUDGET ADOPTION, SECTION 4.7(A) TO ALLOW FOR SUPPLEMENTAL APPROPRIATION AND SECTION 4.7(C) TO ALLOW FOR BUDGET AMENDMENT DURING THE FISCAL YEAR BY RESOLUTION RATHER THAN BY ORDINANCE; CALLING AND PROVIDING FOR A REFERENDUM AT THE NOVEMBER 3, 2020 GENERAL ELECTION; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a referendum is required to amend Article IV, Sections 4.5(B), 4.7(A) and 4.7(C) of the City of Opa-locka's Charter; and WHEREAS, Article IV, Section 4.5(B) of the City Charter provides that: "The Commission shall by ordinance adopt the annual budget on or before the thirtieth (30th) day of September of each year. If it fails to adopt the annual budget by this date, the Commission may by resolution direct that the amounts appropriated for current operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year for a period of fifteen (15) days and renewed by resolution each fifteen (15) days, with all items in it prorated accordingly, until such time as the Commission adopts an annual budget for the ensuing fiscal year. An ordinance adopting an annual budget shall constitute appropriation of the amounts specified therein"; and WHEREAS, Article IV, Section 4.7(A) of the City Charter provides that: "If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Commission may by ordinance make supplemental appropriations for the fiscal year up to the amount of such excess"; and WHEREAS, Article IV, Section 4.7(C) provides that: "The Commission may otherwise amend the annual budget from time to time during the year, by ordinance, as it deems necessary to do so"; and WHEREAS, the City Charter currently requires adoption, appropriation and amendment of budget items shall be made by ordinance, but because ordinances Resolution No. 20-9780 require two readings with appropriate notice, it takes nearly one month from when a budget item is first presented to the Commission to reach final approval; and WHEREAS, the extended period is due to newspaper publication requirements; and WHEREAS, many cities adopt, appropriate and amend a City's budget by resolution; and WHEREAS, adoption, appropriation and amendment of budgets by resolution has the same force and authority as if it had been adopted by ordinance; and WHEREAS, resolutions would not require advertised newspaper notice, which would result in a cost savings for the City; and WHEREAS, the City Manager recommends that the City Commission ("Commission") adopt a resolution to be submitted to the County Supervisor of Elections to place three (3) ballot questions on the November 3, 2020 General Election ballot; and WHEREAS, the City Commission finds it in the best interest of the City to submit a resolution to the County Supervisor of Elections expressing the City's intent to have the foregoing City Charter questions placed on the November 3, 2020 General Election ballot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-locka, Florida hereby authorizes the City Clerk to submit a resolution to the Miami -Dade County Supervisor of Elections by July 31, 2020 to place certain ballot questions on the November 3, 2020 General Election ballot asking voters whether the method of adoption, appropriation and amendment of budget items should be approved by a resolution rather than an ordinance and as follows: Article IV, Section 4.5(B) of the Charter of the City of Opa-locka is hereby proposed to be amended in the following particulars: Resolution No. 20-9780 Section 4.5. - Annual Budget Adoption. (A) Balanced Budget. Each annual budget adopted by the Commission shall be a balanced budget and adopted in accordance with Florida law. (B) Budget Adoption. The Commission shall by erdic resolution adopt the annual budget on or before the thirtieth (30th) day of September of each year. If it fails to adopt the annual budget by this date, the Commission may by resolution direct that the amounts appropriated for current operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year for a period of fifteen (15) days and renewed by resolution each fifteen (15) days, with all items in it prorated accordingly, until such time as the Commission adopts an annual budget for the ensuing fiscal year. An ordinance A resolution adopting an annual budget shall constitute appropriation of the amounts specified therein. (C) Specific Appropriation. The budget shall be specific as to the nature of each category of appropriations therein. Reasonable appropriations may be made for contingencies, but only within defined spending categories. Article IV, Section 4.7(A) and 4.7(C) of the Charter of the City of Opa-locka are hereby proposed to be amended in the following particulars: Section 4.7 -- Appropriation Amendments During the Fiscal Year. (A) Supplemental Appropriations. If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Commission may by ordinance resolution make supplemental appropriations for the fiscal year up to the amount of such excess. (B) Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, s/he shall report in writing to the Commission without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken. The Commission shall then take such action as it deems appropriate to prevent any deficit spending. (C) The Commission may otherwise amend the annual budget from time to time during the year, by ordinance resolution, as it deems necessary to do so. Section 3. Ballot Question and Notice The City hereby gives notice of the following ballot question: NOTICE OF MUNICIPAL ELECTION Resolution No. 20-9780 TO BE HELD ON NOVEMBER 3, 2020 IN THE CITY OF OPA-LOCKA, FLORIDA PURSUANT TO RESOLUTION A municipal election will be held on November 3, 2020 from 7 a.m. to 7 p.m. and also in compliance with the State of Florida's Election Code, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Opa-locka, Florida, the following question and shall be substantially in the following form, to wit: Question 1: Shall Article IV, Section 4.5(B) of the Charter of the City of Opa- locka be amended to allow the City Commission to adopt the City's annual budget by resolution rather than by ordinance? Yes No Charter Amendment: Commencing November 3, 2020 provides for the changing of the adoption process for the City annual budget from ordinance to resolution. Question 2: Shall Article IV, Section 4.7(A) of the Charter of the City of Opa- locka be amended to allow the City Commission to make supplemental appropriations for the fiscal year up to the amount of revenues in excess of those estimated in the annual budget by resolution rather than by ordinance? Yes No Charter Amendment: Commencing November 3, 2020 allows the changing for supplemental appropriations for a fiscal year up to the amount of revenues in excess of those estimated in the annual budget by resolution rather than by ordinance. Question 3: Shall Article IV, Section 4.7(C) of the Charter of the City of Opa- locka be amended to allow the City Commission to amend the annual budget, from time to time, during the year, by resolution rather than by ordinance? Yes No Resolution No. 20-9780 Charter Amendment: Commencing November 3, 2020 provides for budget amendments to be changed, from time to time, by resolution rather than ordinance. By Order of City Commission of the City of Opa-locka, Florida CITY CLERK Including any designated early voting sites, a list of City of Opa-locka polling places follows: Precinct # 235 236 237 265 / 280 296 Opa-locka UTD Methodist Church 630 Sharar Avenue Westview Baptist Church 13301 NW 34 Avenue Nathan B. Young Elementary School 14120 NW 24 Avenue Opa-locka Senior Citizens Building 14290 NW 21 Court Dr. Robert B. Ingram Elementary School 600 Ahmad Avenue Section 4. The City Clerk shall cause to be prepared ballots containing the questions set forth in Section 3 above for the use of absentee electors and all other electors entitled to cast such ballots in said municipal elections. Section 5. JOANNA FLORES, the City Clerk of the City of Opa-locka, Florida or the duly appointed successor, is hereby designated and appointed as the official representative of the City Commission of the City of Opa-locka, Florida, in relation to matters pertaining to the use of the registration books and the holding of said special municipal elections. Section 6. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Election of Miami -Dade County, Florida by July 31, 2020. Section 7. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. Resolution No. 20-9780 PASSED and ADOPTED this 22nd day of July, 2020. MOTION FAILED Matthew A. Pigatt, Mayor ATTEST: Joai is Flores, City Clerk APPROVED AS TO FORM AND LEGAL S ICIENCY: B dette Norris eeks, P.A. City Attorney Moved by: Commissioner Kelley Seconded by: Vice Mayor Davis VOTE: 5-0 Commissioner Bass NO Commissioner Burke NO Commissioner Kelley NO Vice -Mayor Davis NO Mayor Pigatt NO City of Opa-locka Agenda Cover Memo Department Director: Bob Anathan Department Director Signature: City Manager: John E. Pate CM Signature: 004 `- Commission Meeting Date: Jul 22, 2002 Item Type: (EnterXin box) Resolution • d' ance Other X Fiscal Impact: (EnterXin box) N/A Yes No Ordinance Reading: (EnterXin box) n Reading 2nd Reading X Public Hearing: (EnterXin box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: m Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X IN • MI NI f>• Sponsor Name City Manager Department: City Manager Short Title: Resolution To Place A Referendum Issue On the November, 2020 General Election Ballot To Change Adoption Of Budget -Related Issues From Ordinance To Resolution Staff Summary: Issue / Recommendation — To amend the City charter requires a referendum. Staff recommends the Commission adopt a resolution to be forwarded to the County Supervisor of Elections to place an item on the November General Election ballot Background — The City charter currently requires adoption of budgets and budget amendments by ordinance. Because ordinances require two reading with appropriate noticing, this requires nearly a month from when first presented to Commission until final approval is provided. This extended period results from newspaper deadlines. When a budget -related item is presented for first reading, the deadline for placing a notice advertisement for the next meeting two weeks later has passed. Consequently the second hearing must occur four weeks later. Many cities adopt budgets and subsequent budget amendments by resolution. Whereas most ordinances become codified in the City's Code of Ordinances, budget ordinances are never incorporated into the City's Code of Ordinances. Most importantly, when adopted by resolution the budget has the same force and authority as if it had been adopted by ordinance. Passing budget -related issues by ordinance affords the Commission the opportunity to discuss the issue twice in two separate hearings. This isn't relevant in the adoption of the annual budget since the Commission discusses the proposed budget at least three times. The first occurs in July in conjunction with adoption of the millage rate for the TRIM notice. The Commission then deliberates adoption of the budget twice again in September in two separate meeting. Resolutions don't require advertised notices but the adoption of budgets is noticed twice. The first September budget meeting is provided notice through the August TRIM notices. Under TRIM requirements, the City then advertises the second September budget meeting a few days before the meeting, regardless of whether the budget will be adopted by resolution or ordinance. In regard to budget amendments, adoption by resolution normally provides the Commission a single opportunity to deliberate the components of the amendment. History has shown this is normally sufficient. On the unlikely possibility there is an issue on a component of the amendment which the Commission believes requires a second discussion at a later time, the component in question could be removed with the remaining components adopted at that time. Again, adoption of budget amendments by resolution has the same force and authority as amendments adopted by ordinance. Adopting budget amendments by resolution permits the City to be more responsive to changing conditions. For example, if it becomes apparent that a project will benefit from change orders which exceed the project's current budget, the change orders can't be presented to the Commission until four weeks later if a budget amendment is adopted by ordinance. This require three separate agenda items. Conversely, if adopted by resolution, the budget amendment and the change order would be incorporated into the same resolution, simplifying the administrative workload from three agenda items to one and permitting the City to be far more nimble in responding to changing conditions. Current Activity — To get a referendum issue onto the November General Election, a resolution indicating the City's interest in placing an issue on the ballot must be provided to the County Supervisor of Elections by July 31, 2020. Financial Impact — The Supervisor of Elections indicates the City will be charged $5,126 to have this referendum placed on the November ballot. However, there will be savings if the approval process is done by resolution rather than ordinance. Ordinances require advertised notices. If the budget amendment is the only item on the agenda, it costs the City around $750 to advertise which will be saved if done by resolution. if there are other ordinances on the agenda, advertising must occur anyhow and there will be no savings. Also if the annual budget is adopted by resolution, there will be no advertising savings since the TRIM process requires advertising regardless of how approved. However, in the long-term there will be enough savings to more than recover the cost of placing this issue on the ballot. Proposed Action: Staff recommends that the Commission adopt a resolution to be to be forwarded to the County Supervisor of Elections by July 31, 2020 indicating an interest in placing an issue on the November ballot to change the adoption process of budget -related amendments from ordinance to resolution to allow the City to be more responsive and reduce the administrative workload. Attachment: Supervisor of Elections quote as to the cost of placing this issue on the November election. 2020 BALLOT ISSUES DEADLINES Should a municipality have a scheduled election or wish to conduct a special election along with the countywide 2020 Primary and General Elections, the deadlines listed below must be followed, in order to allow sufficient time for ballot preparation and to meet State -mandated deadlines to mail vote -by -mail ballots to overseas voters. If you are considering conducting a special election, which includes adding a question(s) and/or filling a vacancy(ies), to a regularly scheduled election, please note that per F.S. 100.151, "...the governing authority of a municipality shall not call any special election until notice is given to the supervisor of elections and his (her) consent obtained as to a date..." Once approval is obtained from the supervisor of elections, the resolution and/or ordinance to call a special election must be passed to meet the deadlines listed below. 2020 SCHEDULED DEADLINE FOR CANDIDATE QUALIFYING TO END DEADLINE TO SUBMIT RESOLUTION AND/OR ORDINANCE TO THE SUPERVISOR OF ELECTIONS FOR CHARTER AMENDMENTS OR ANY OTHER QUESTIONS COUNTYWIDE ELECTIONS PRESIDENTIAL PREFERENCE PRIMARY ELECTION March 17, 2020 No later than Friday, November 29, 2019 No later than Friday, November 29, 2019 PRIMARY ELECTION August 18, 2020 No later than Friday, June 12, 2020 (Same as Federal, State, and County offices) No later than Friday, May 29, 2020 GENERAL ELECTION November 3, 2020 No later than Friday, August 21, 2020 No later than Friday, July 31, 2020 Should you have any questions or need additional information, please contact Elizabeth Prieto, Elections Coordination Manager, at 305-499-8405 or e-mail at eprieto@miamidade.gov. 06/25/19 ESTIMATE City of Opa-Locka - Piggyback Special Election - November 2020 Joanna Flores, City Clerk City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, FI. 33054 Estimate N°: Estimate Date: OPA-PB-2020 June 16, 2020 Registered Voters: 8,500 Early Voting Days: 0 Precincts: - Early Voting Sites: 0 Polling Places: - Permanent Absentee Ballots: 1,200 Personnel Salaries & Fringe Benefits, Overtime, Poll Workers Polling Places Security, Polling Place Rentals Supplies and Services Election Supplies, Communication Charges, Absentee Ballots Set Up Trucks and Vehicles Truck Rentals, GSA Vehicles Printing and Advertising Absentee, Early Voting & Precinct Ballots, Temporary Polling Place Change Notices, Newspaper Ads Postage Absentee Ballots Sent and Business Reply, Temporary Polling Place Change Notices, Letters Ballot Creation In -House & Outside Contractual Services, Translations - Based on one question 4,250.00 410.00 Administrative Overhead 466.00 Indirect Costs, Logic & Accuracy, Post -Election Audits Early Voting Estimated at $3,200 per requested number of sites and days *TOTAL Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your question(s)/race(s) creates an additional ballot page, the cost will be adjusted accordingly. $ 5.126.00 For more information, you may contact: Mario Santana Manager, Finance and Administration Miami -Dade Elections Department 2700 NW 87 Avenue Miami, Florida 33172 Office: 305-499-8424 E-mail: marios(miamidade.gov