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11- November 19, 2013 Second Budget Hearing Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SECOND BUDGET HEARING November 19, 2013 5:01 P.M. City Commission Chambers Sherbondy Village 215 President Barack Obama (Perviz)Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Vice Mayor Joseph L. Kelley called the hearing to order at 5:11 p.m. on Tuesday, November 19, 2013 in the City Commission Chambers, Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida 33054. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Joseph L. Kelley, Commissioner Dorothy Johnson, Commissioner Luis B. Santiago and Commissioner Timothy Holmes. Also in attendance were: City Manager Kelvin L. Baker, Sr., Assistant City Attorney Oliver Gilbert, Budget Administrator Faye Douglas and City Clerk Joanna Flores. Mayor Myra L. Taylor was not in attendance. 3. INVOCATION: The Invocation was delivered by Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. SECOND READING ORDINANCES/PUBLIC HEARING: a) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING A FINAL MILLAGE RATE PURSUANT TO SECTION 200.065, FLORIDA STATUTES, FOR FISCAL YEAR 2013- 2014, COMMENCING OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014; SETTING FORTH PUBLIC HEARING DATES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR REPEAL OF ALL PRIOR ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Assistant City Attorney Gilbert. Vice Mayor Kelley opened the floor for a public hearing. Second Budget Hearing Minutes—11/19/2013 1 There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to discuss the ordinance. Commissioner Johnson asked Manager Baker about the rollback rate regarding the 0.66 increase. She said this increase will impact the taxpayers and what plan will be made in the future regarding the millage rate if this is approved. Manager Baker said the proposed budget as stated now and provided in the Second Reading in September still reflects a reduction in the millage rate that is consistent with what was agreed to. However, the State of Florida has a rollback rate and that rollback rate is where the commission sees the increase. The millage rate is reduced. The commission is here this evening due to a spreadsheet that the City provided to the State. There was a formula where the approved numbers were entered in which had a calculation error of approximately $190,000.00. The numbers must be 100% accurate. The State informed the City of the error and required the City to go through this process. Commissioner Johnson said she would rephrase the question. She said if the millage rate decreased as a part of the formula, but in the legislation it says it represents a 0.66 increase; so looking at the millage rate of 9.0890 versus 9.02985 that is a decrease. Manager Baker said that is correct. Commissioner Johnson said in the language it needs to be "decrease" instead of an "increase". Manager Baker said there are two different formulas. There is a millage and a rollback rate which the State assessed. The millage rate did actually decrease, if the millage rate had increased the rollback rate would have been even higher. Faye Douglas, Budget Administrator, came to the podium and explained that the millage rate for last year was 9.1. The rate of 9.0890 is a decrease from last year, but when the city looks at the revenue, the rollback rate is the rate that will get the same revenue as last year. The rate is 9.02985 which will generate the same ad valorem tax revenue. Technically, based on the formula, it is a 0.66 increase but the millage rate is lower. The city wanted to do something for the taxpayers and the millage rate is lower than last year. Commissioner Douglas said it is still considered an increase. Ms. Johnson said yes, it is an increase from the rollback rate. There being no further discussion, the ordinance passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Second Budget Hearing Minutes—11/19/2013 2 Mayor Taylor Not Present b) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING AND ADOPTING THE CITY'S GENERAL FUND BUDGET FOR THE FISCAL YEAR 2013-2014, COMMENCING OCTOBER 1, 2013, THROUGH SEPTEMBER 30, 2014; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET, AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Assistant City Attorney Gilbert. Vice Mayor Kelley opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to discuss the ordinance. Commissioner Johnson asked Manager Baker if all FY 2012 expenditures have been paid and clear and it city is in a good position with regards to finances. Manager Baker said that when the CAFR is finalized, it will validate that. He said verbatim "To my understanding, there are always some lingering bills from the previous year that may not have been paid, at least this early into the new year; there may be some items out there that still have not been settled with a vendor or someone of that nature. That usually carries over. Historically it has been my experience that sometimes it can be a couple of months into the new year. But we will be able to validate that with the audit being completed." Commissioner Johnson said she would like Manager Baker's answer verbatim for the record. She also wants on the record that the city should close the records out by January. Usually after December 31st there should be thirty (30) days to sixty (60) days notice. She is asking Manager Baker to give the Commission a wrap-up on January 31st as to where the city is and not let any bills linger unpaid any further. Manager Baker affirmed the request. There being no further discussion, the ordinance passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Second Budget Hearing Minutes—11/19/2013 3 Mayor Taylor Not Present c) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AND ADOPTING THE CITY'S PROPRIETARY AND SPECIAL REVENUE FUND BUDGET FOR THE FISCAL YEAR 2013-2014, COMMENCING OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014; PROVIDING FOR EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Assistant City Attorney Gilbert. Vice Mayor Kelley opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to discuss the ordinance. Commissioner Johnson asked Manager Baker where the Franchise Fees come in as the budget, what are the items covered under? Manager Baker said the Franchise Fees fall under this ordinance and of the fees that used to balance the general fund budget are part of the legislation. The Franchise Fees, User Fees and all fees with the exception of the Public Utility Fees are included in this ordinance. Commissioner Johnson said she wants her colleagues to bear in mind that there was a cut in the Franchise Fees when the city recently went through the process with solid waste. The city needs to be cautious. Commissioner Johnson further stated verbatim "I also want the Manager to give us quarterly reports on that because you won't have the same amount of monies coming out, there will be less money coming in to the coffer and I am concerned about the position we will be in. So, prior to mid-year reporting I will ask you quarterly. If you look at it quarterly, we already went October, November, December; so in January I will need a quarterly report. Then go to April for a quarterly report and from April to June, another quarterly report." She will support the ordinance if the City Manager agrees to the reports and as long as everyone knows there is a decrease in Franchise Fees; she is concerned about that." There being no further discussion, the ordinance passed by a 4-0 vote. Second Budget Hearing Minutes—11/19/2013 4 Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Not Present Commissioner Holmes said he received a call today from a man whose car hit a pothole on Carol Lane and it cost about $700.00 to get his care repaired. He wanted to know if the city was going to take care of that and he was put in touch with the City Manager's Office and Manager Baker spoke with the man today. He also said that on 135th Street where the New City Hall is at, he has been getting complaints from residents that the kids do not have a sidewalk and have to walk in the middle of the road and some of them have been close to being hit by cars and trucks. He would like to know if a sidewalk can be put in. Commissioner Santiago said the city should be careful about people calling in to report incidents and accidents. If the city handles one complaint, it will have to handle all that come in and there are a lot of them. He asked Manager Baker to be careful regarding this issue. 6. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Johnson, seconded by Commissioner Santiago to adjourn the hearing at 5:22 p.m. / 1' AYOR ATTEST: CITY CLERK Second Budget Hearing Minutes—11/19/2013 5