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HomeMy WebLinkAbout09-11-2019 Minutes OCOEE CITY COMMISSION TENTATIVE BUDGET PUBLIC HEARING SPECIAL SESSION PUBLIC HEARING & CONSENT AGENDA Ocoee Commission Chambers September 11, 2019 MINUTES 6:00 P.M. I. CALL TO ORDER—SPECIAL SESSION PUBLIC HEARING FOR SOLID WASTE RESIDENTIAL CURBSIDE SERVICE FEES—6:00 PM A. Invocation and Pledge of Allegiance Mayor Johnson called the special session to order at 6:00 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson, followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. B. Roll Call and Determination of Quorum City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Brinson, Commissioner Wilsen,Mayor Johnson, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt, Finance Director Roberts, Chief Accountant Herrera and Finance Sr. Administrative Assistant Hall C. Motion to recess and continue the Special Session Solid Waste Public Hearing until after the opening comments of the Tentative Budget Public Hearing Motion: Move to recess and continue the Special Session Solid Waste Public Hearing until after the opening comments of the Tentative Budget Public Hearing; Moved by Commissioner Wilsen, seconded by Commissioner Firstner. Motion carried 5-0. II. CALL TO ORDER—TENTATIVE BUDGET PUBLIC HEARING - 6:01 PM A. Mayor's Announcement Mayor Johnson announced this is a public hearing on the tentative budget and proposed millage rate for the City of Ocoee.Notice of this hearing was contained in the Notice of Proposed Property Taxes mailed by the Property Appraiser. The City Commission has previously set a proposed millage rate of 5_5 mills which represents a 6.92% increase in millage over the rolled-back rate of 5.1438 mills. B. Briefing by City Attorney City Attorney Cookson announced the preliminary millage rate set by the City Commission and contained in the TRIM Notice is 5_5 mills. The maximum millage rate, which may be levied by the City by regular majority vote for the 2019-2020 fiscal year, is 7.0002 mills; such maximum millage rate having been determined pursuant to Section 200.185(3)(a), Florida Statutes. The establishment of a millage rate between 7.0003 mills and 7.7002 mills requires a two-thirds vote 1 City Commission Tentative Budget Public Hearing Special Session Public Hearing&Consent Agenda September 11,2019 (super majority) of the membership of the City Commission (or 4 votes). The establishment of a millage rate between 7.7003 mills and 10.000 mills requires a unanimous vote of the City Commission. Additionally, any millage rate adopted above the preliminary millage rate of 5.5 mills would require notice by first-class mail to each taxpayer. The tentative millage rate adopted at this hearing will become the maximum millage rate which may be adopted by the City Commission at the public hearing on the final millage rate. A unanimous vote or a two-thirds vote may be required to adopt the tentative millage rate as the final millage rate. At the final public hearing, the City Commission may adopt a millage rate which is less than the tentative millage rate. C. Briefing by Finance Director: Review of additions/deletions to the budget since distribution,the percentage increase in millage over the rolled-back rate necessary to fund the budget and the specific purpose for which Ad Valorem tax revenues are being increased. 6:03 PM Finance Director Roberts announced that following the budget workshop, the Finance Department adjusted the budget to reflect the Commission's decision to prioritize the City's Residential Solid Waste Collection. In addition, they performed a comprehensive review to eliminate any unintended errors/omissions. Changes to the budget since its publication include: solid waste budget was revised; General Fund Revenues were adjusted to reflect the reduction and administrative transfers from the Solid Waste Fund; $165,000 was added to General Government in anticipation of a proposed property acquisition; Impact Fees Revenue was adjusted upward as a result of revised revenue estimates; $16,000 will be added subsequent to this meeting to General Government Expenditures for taxes from the Gettys Property which were not originally anticipated; and, the City also received notification in the last two days that some of the insurance rates increased which are not currently reflected in the budget book. These will add a $100,000 impact to the General Fund, and will be updated prior to the second hearing. The total appropriations for FY 2019/2020 are $82,723,857, which includes the General Fund, Stormwater, CRA, Water/Wastewater/Sanitation and Water/Wastewater Capital along with Impact Fees for Roads,Fire,Police, and Recreation. The total General Fund budget is$52,402,264 and is balanced at 5.2500 mills,which is .2500 mills lower than the tentative millage rate approved by the City Commission. The tentative rate of 5.500 mills is 0.3562 mills higher than the rolled- back rate of 5.1438 mills. Ad Valorem taxes are used to finance City operations to include providing quality services, maintaining City infrastructure through Capital Projects, and funding salaries for City employees required to provide those services. III. RECESS TENTATIVE BUDGET PUBLIC HEARING & CONTINUE SPECIAL SESSION SOLID WASTE PUBLIC HEARING & CONSENT AGENDA Motion: Move to recess and continue the Tentative Budget Public Hearing until after the Special Session Solid Waste Public Hearing & Consent Agenda; Moved by Commissioner Wilsen, seconded by Commissioner Brinson. Motion carried 5-0. RESUME - SPECIAL SESSION PUBLIC HEARING AND CONSENT AGENDA 2 City Commission Tentative Budget Public Hearing Special Session Public Hearing&Consent Agenda September 11,2019 I. Public Hearing on Intent to Increase Solid Waste Residential Curbside Service Fees (Advertised in the West Orange Times on Thursday, August 29, 2019) (Public Works Director Krug) 6:07 PM The final action to implement the Solid Waste Residential Curbside Service Fees for Fiscal Year 2020 is for the City Commission to adopt the Resolution to Increase the Solid Waste Residential Service Fees. Included in the resolution is the proposal to adopt the 4.8% Increase ($264 per year/$22.00 monthly) and authorization for the Mayor to sign the Assessment Roll Certification for FY 2020, which must be delivered to the Orange County Tax Collector by September 15, 2019, so the assessments can be included in the November 2019 tax bill. Public Works Director Krug advised the resolution for this item summarizes and implements the increase of solid waste/residential curbside services to an initial fee of $22.00 monthly ($264.00 annually)with a 1.4 percent annual increase per customer. Staff is also seeking to certify the Non-Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for FY 2019-2020 so they may meet their September 15th deadline. Commissioner Wilsen stated that she opposed privatizing solid waste at their last meeting; however, she will vote"yes"this evening for the $22.00 monthly fee to support the Commission's decision. I. Public Comments Mayor Johnson announced that before the Commission is a letter from Mr. Chris Adkins with comments pertaining to the budget. Chris Adkins, 606 Ridgefield Avenue, Ocoee, addressed the Commission on Non-Ad Valorem fees, and how it is used in more ways than just its intended purpose. He shared it is tough to agree to an increase to the Non-Ad Valorem fee when it seems the millage rate is already providing the City enough. He further explained that there are many residents in the City that cannot afford this extra fee and he will also speak on their behalf II. Discussion by City Commission -None III. Solid Waste Residential Curbside Service City Attorney Cookson read the title of the resolution. 1. Adoption of Resolution No. 2019-013 Motion: Move to Adopt Resolution No. 2019-013 Increasing the Rates for Solid Waste/Residential Curbside Service; Moved by Commissioner Oliver, seconded by Commissioner Firstner. Motion carried 5-0. 3 City Commission Tentative Budget Public Hearing Special Session Public Hearing&Consent Agenda September 11,2019 2. Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2019/2020 Motion: Move to Certify the Solid Waste Non-Ad Valorem Assessment Roll for Fiscal Year 2019/2020; Moved by Commissioner Oliver, seconded by Commissioner Firstner. Motion carried 5-0. I. CONSENT AGENDA - 6:19 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#3. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of"As Is" Residential Contract for Sale and Purchase of Property Located at 33 Lakeview Street for Downtown Redevelopment. (Assistant City Manager Shadrix) The City Manager has executed a contract for the "As Is" purchase of the property located at 33 Lakeview Street("Property") in an amount not to exceed $165,000.00, and with a closing date on or before October 7, 2019. The contract is effective only upon City Commission approval. The purchase price is subject to confirmation by an appraisal but will not exceed$165,000.00.As a part of the City's downtown master planning process, City staff has identified the Property as a desirable parcel and one that will be used to enhance the public's use and enjoyment of Starke Lake and the surrounding area. Approved on Consent. Motion carried 5-0. 2. Approval of Ratification of the Police Officers and Police Sergeants Collective Bargaining Agreements with the City. (Assistant City Manager Shadrix) The PBA Union has proceeded to a ratification vote of the terms of the Collective Bargaining Agreements(by the sergeants and police officers)and a subsequent vote by the City legislative body(City Commission). Since the police officers voted fifty-three(53)in favor and five(5)against and the sergeants voted seven(7)in favor and one (1) against the ratification vote, the City Commission is required to vote approve the Collective Bargaining Agreements as ratified by the members of the PBA. Approved on Consent. Motion carried 5-0. 3. Approval of the Certification of Non-Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2019/2020. (Public Works Director Krug) The City Commission approved Resolution No.2006-003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15th. The Fiscal Year 2019/2020 tax roll for Stormwater calculates revenue to be$3,447,307.54. This is an increase of$120,502.70 from the current year and is attributed to annexations,new homes and commercial development.The roll must be certified by the Commission to be included on the Orange County Tax Roll for collection by the Tax Collector. Approved on Consent. Motion carried 5-0. 4 City Commission Tentative Budget Public Hearing Special Session Public Hearing&Consent Agenda September 11,2019 IV. CONCLUDE SPECIAL SESSION SOLID WASTE PUBLIC HEARING&CONSENT AGENDA AND RESUME TENTATIVE BUDGET PUBLIC HEARING Motion: Move to resume the Tentative Budget Public Hearing; Moved by Commissioner Wilsen, seconded by Commissioner Oliver. Motion carried 5-0. IV. RESUME—TENTATIVE BUDGET PUBLIC HEARING - 6:20 PM 1. Comments by Citizens Mayor Johnson opened the floor for comments by citizens. He advised that 5 minutes are allowed for public comments. Joel Keller, 5021 Lighterwood Court, addressed the City Commission on the need for a traffic signal at Hackney Prairie Lake. He also reminded the Commission about the House and Senate Bill for the zip code issues within the City; and further,recommended that the Commission include travel and lobbyist funds into the budget so they may send representation to get this approved. 2. Comments by Commissioners Commissioner Brinson inquired about the paving for Blue Jay Way and if there were funds in this budget, or would it need to be requested for the upcoming budget. Public Works Director Krug replied that City staff has not put together a budget for that project, and would have to check to see if there are any remaining funds in this year's budget. City Manager Frank said if it is the consensus of the City Commission that it is something they would want to do,then staff can figure out a way to include it with the resurfacing in next year's budget. He further inquired if there were surplus funds within this fiscal year. Public Works Director Krug advised they finished up all their projects with minimal change orders, and do have some surplus funds that they may be able to roll over into next year's budget. City Manager Frank stated if it is the consensus of the Commission, then Blue Jay Way can be included in next year's paving projects. Consensus of the City Commission was to have Public Works roll over surplus funds so they may include Blue Jay Way into the paving projects for FY 2019/2020. Commissioner Brinson further inquired if the per diem and stipend had already been addressed. City Manager Frank explained this would need to be discussed at the September 17th City Commission Meeting, as no official action was taken at their last regular meeting. Since the Final Budget Hearing is scheduled for September 25th staff will still have time to make any adjustments before that meeting. Mayor Johnson asked City Planner Rumer to briefly update Mr. Keller on the Hackney Prairie Road traffic signal. City Planner Rumer explained that the City received$250,000, as part of the Arden Parks Development Agreement, to be used for transportation in the area. As part of the Capital Improvement Plan, they have looked at the intersection of Ingram Road/Clarcona Ocoee, and the intersection of Hackney Prairie/Clarke Road, as well as the future southern widening of Clarke Road south of Claracona Ocoee. 5 City Commission Tentative Budget Public Hearing Special Session Public Hearing& Consent Agenda September 11,2019 Commissioner Wilsen pointed out an unintentional error on page 25 that needed to be corrected. She further inquired about the federal lobbyist,and if that is included in the budget. City Manager Frank replied that staff may bring forth some changes with regards to the lobbyist, but there is sufficient funding to do what is needed. Commissioner Firstner stated he had no issues or comments, and is pleased with how the budget has been presented thus far. Commissioner Oliver stated, in response to the public comment made by Mr. Keller on Hackney Prairie, he had proposed having a method to get information to the citizens about infrastructure. He continued by stating that had this been approved, Mr. Keller would have already been aware of upcoming infrastructure projects prior to coming to this meeting. He is again proposing that funds be placed into the budget to allow each Commissioner to send information out to their citizens about infrastructure. Discussion ensued. City Manager Frank shared that between this meeting and the final budget they can sit down with the Finance Department to discuss numbers. He explained that cost would depend on whether they would be sending a notice out to each household,or have it as a document online that residents can print out at their leisure. Commissioner Oliver replied there is already a proposed cost calculated as he and the Assistant City Manager came up with one. City Manager Frank advised the Commissioner if he would bring that cost information to the next budget public hearing, once approved by the Commission, then the budget can be adjusted accordingly. Further discussion ensued. Commissioner Oliver said he would like to circle back to the audit discussion they had at the budget workshop, as he is still advocating for some funds to be able to bring in a third party company to look at the City as it pertains to finances and operational effectiveness. He shared he sees this audit as a useful benefit to the City and not as a negative request. Commissioner Wilsen inquired if there was a particular department he felt needed the audit. She further expressed that the Finance Department has a financial audit, and the Police/Fire Department is also audited. Commissioner Oliver shared he would like an operational audit on every department in the City with the exception of Police/Fire. He further shared that his personal profession involves conducting audits, and briefly explained what an audit entails. Mayor Johnson commented that the Commission would need to be provided a cost factor at the next budget meeting so they may decide. City Manager Frank shared adjustments can be made up until the next meeting, but will cause a recalculation for the millage rate. Commissioner Brinson inquired if an audit cost has ever been researched. Commissioner Firstner added that he would welcome an audit, but would like to see an RFP put out to a consultant firm so they could see the scope of work and costs first. Commissioner Brinson cautioned that an RFP at this point would only be favorable if they had a dollar amount assigned to the budget which is the challenge at this time. City Manager Frank shared that an amendment can be made this evening to place $100,000-$150,000 into the budget, and staff can recalculate what the new millage rate will be. 6 City Commission Tentative Budget Public Hearing Special Session Public Hearing&Consent Agenda September 11,2019 Commissioner Wilsen inquired if$100,000 was added for an audit what would the new millage be. Finance Director Roberts stated it would bring the millage rate to 5.295 mills. Commissioner Oliver stated it is his understanding that they are deferring the light for Ingram Road and Clarcona Ocoee Road to the 2021 budget. City Manager Frank inquired from City staff if that light is the responsibility of the City or County since it is a County road. Public Works Director Krug shared that the County does not feel it warrants a traffic signal, and does not want to fund it at this time. He further explained that City staff has requested the County to look into a signal since they own most of the quadrants. Commissioner Oliver shared he met with the County earlier this year and they have assured him that they would start the study. Commissioner Oliver stated he would like to revisit the topic of strategic planning and setting up a workshop. He voiced the City needs to be more forward-thinking in their processes and how they operate which should not cost them any money. City Manager Frank agreed it will not cost any funds to have strategic planning workshops, and shared that if the consensus of the Commission is to move forward with those workshops, City staff can certainly do that. A brief discussion ensued. Commissioner Oliver shared that he wanted to make a comment about the Community Grant Programs since he has had a few conversations with residents regarding the need for cameras in their communities which may not be gated. He stated he has done some research and feels that communities could actually apply for grants to add cameras. Commissioner Wilsen inquired if he thought $12,000 would be enough for citywide distribution. Commissioner Oliver said that is a start,and if communities are willing to put in the sweat equity, in addition to matching grants,then he feels it is a great program. 3. Motions by Commissioners for amendments to the proposed tentative budget No amendments were made to the proposed tentative budget. A. Announcement by Finance Director of the recomputed proposed millage rate and the percent by which the recomputed proposed millage rate exceeds the rolled-back rate. This percentage is the proposed tentative percentage increase in property taxes. Announcement regarding the vote required to adopt this millage rate (Regular Majority, Super Majority, or Unanimous). 6:57 PM Finance Director Roberts announced that since there were no amendments to the proposed tentative budget, the millage rate does not need to be recomputed. She further advised the budget is balanced at 5.25 mills and the proposed tentative millage rate is 5.5 mills which represent a 6.92% increase over the rolled-back rate. Commissioner Oliver confirmed that the budget is balanced at 5.25 mills without any amendments; he further asked the Commission's consensus on conducting an audit. Discussion ensued on cost and scope of work. Finance Director Roberts,who has a background as an auditor, briefly educated the Commission on the audit process which she stated should begin with a risk 7 City Commission Tentative Budget Public Hearing Special Session Public Hearing& Consent Agenda September 11,2019 assessment. Once the risks are addressed and evaluated,that provides the foundation for where the funds and resources should be dedicated. She advised the assessment process is costly, as it takes many hours to be conducted correctly, which is why she would recommend the Commission give this request some thought. Further discussion ensued on the risk assessments, benefits of the assessment,and time/cost to conduct a risk assessment.At the conclusion of the discussion,Mayor Johnson asked for consensus or motion for amendment. Commissioner Oliver shared that the Finance Director made some great points about operational audits and risk assessments as both do not need to be done in the same year. He shared a risk assessment could be done in one budget year, with an audit being earmarked for the following year after they have identified the risk. Mayor Johnson commented that they can speak all night about this and suggested that money be set aside for the risk assessment. Assistant City Manager Shadrix explained that he also has participated in a lot of audits,and it can turn into a very expensive endeavor.He shared that Finance Director Roberts made a very good comment that you have to conduct a risk assessment so you can define what your goals are. He cautioned the Commission to be aware of what their expectations would be, as a risk assessment could be very broad and expensive, and they may all have different ideas of what the audit may entail. He shared that he is in support of allocating a small amount for an assessment for which the Commission could have discussions on where to proceed from there. The consensus of the Commission, with the exception of Commissioner Oliver, was to wait until it was determined on what the cost would be. Commissioner Brinson shared he is only requesting that the cost not be provided a year from now. 1. Comments by Citizens Mayor Johnson opened the floor for comments by citizens. Chris Adkins, 606 Ridgefield Avenue, Ocoee, addressed the Commission on the need for an audit as he was in attendance during the meeting two years ago when former Commissioner Grogan allocated$65,000 toward an audit. He explained that the audit was not conducted as the RFP came in at about$95,000 instead of the$65,000 requested, so the Commission decided to not move forth with the audit. He opined that not having an audit is a risk. 2. Comments by Commissioners -None B. Motion to Adopt the Tentative Millage Rate—7:18 PM City Attorney Cookson read the title of the ordinance. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A TENTATIVE MILLAGE RATE of 5.500 MILLS FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR 6.92 INCREASE IN MILLAGE RATE OVER THE ROLLED-BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 8 City Commission Tentative Budget Public Hearing Special Session Public Hearing&Consent Agenda September 11,2019 Motion: Move to adopt the tentative millage rate at 5.500 mills for the fiscal year beginning October 1, 2019, and ending September 30, 2020; Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried 5-0. C. Motion to Adopt the Tentative Budget - 7:19 PM City Attorney Cookson read the title of the ordinance. AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2019,AND ENDING SEPTEMBER 30, 2020;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. Motion: Move to adopt the tentative budget as distributed along with the revisions resulting from the Budget Workshop land as amended at this Tentative Budget Public Hearing tonightl for the fiscal year beginning October 1, 2019, and ending September 30, 2020; Moved by Commissioner Firstner, seconded by Commissioner Oliver. Motion carried 5-0. Mayor Johnson announced the public hearing to consider the final millage rate and the final budget is scheduled for Wednesday, September 25, 2019, at 6:00 PM to be held in the City Hall Commission Chambers. The hearing has been advertised in accordance with the provisions of Section 200.065, Florida Statutes, and Section C-37 of Article VI of the Ocoee City Charter. The appropriate Ordinances necessary to adopt the final millage rate and final budget will be prepared by City staff, and all other actions necessary to comply with the requirements of Section 200.065, Florida Statutes, will be undertaken. Commissioner Oliver announced that tomorrow there will be a Town Hall Meeting at 6:00 PM for District 4, to be held in City Hall. The topic of discussion will be on different services that are available for the citizens of District 4; however, all citizens of Ocoee are welcome. Mayor Johnson apologized that he did not announce at the start of the meeting today is September 11th, and flags were lowed to half-staff. He asked everyone to keep first responders and all those involved during the September 11, 2001, tragedy in their thoughts and prayers. He further shared it was just brought to his attention that the City of Ocoee does not have a September 11th plaque to display in City Hall, and he would like for the Commission to address that at a future meeting. Commissioner Firstner announced that the Fire Station does have a September 1 1th Memorial on display. Commissioner Oliver announced that due to the Town Hall Meeting tomorrow occurring at 6:00 PM, when residents are coming home from work, he is asking for a consensus to provide light refreshments for the citizens that show up. Mayor Johnson commented that refreshments have not been provided at any other Town Hall Meetings hosted by a member of the Commission. Commissioner Wilsen inquired if this request could even be discussed as this is a Tentative Budget Hearing.After a brief discussion, Consensus of the City Commission was to allow for refreshments for the District 4 Town Hall Meeting. 9 City Commission Tentative Budget Public Hearing Special Session Public Hearing&Consent Agenda September 11,2019 :.ADJOURNMENT The meeting was adjourned at 7:26 p.m. APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Joh , Mayor 10