09-13-2007 Tentative Budget Public Hearing
OCOEE CITY COMMISSION
TENTATIVE BUDGET PUBLIC HEARING
Ocoee Commission Chambers
September 13, 2007
AGENDA
7:00 P.M.
I. CALL TO ORDER - Mayor Vandergrift
A. Roll Call and Determination of Quorum
II. PUBLIC HEARING
A. Briefing by City Attorney to discuss the maximum millage rate which may be levied
and the rates required to exceed such millage under new legislation.
B. Briefing by Finance Director on 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.
1. Comments by Citizens.
2. Comments by Commissioners.
3. Motions by Commissioners for amendments to the proposed tentative budget.
NOTE: RECESS to recompute the proposed millage rate and rolled-back percentage increase.
B. 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).
1. Read title to Ordinance regarding millage rate.
2. Motion to adopt the tentative millage rate.
a. Comments by Citizens.
b. Comments by Commissioners.
c. V ote on motion to adopt the tentative millage rate.
3. Read title to Ordinance regarding budget.
4. Motion to adopt the tentative budget.
a. Comments by Citizens.
b. Comments by Commissioners.
c. V ote on motion to adopt the tentative budget.
C. Motion to schedule the public hearing on September 24, 2007, at 7:00 p.m. in
the Commission Chambers to adopt the fmal millage rate and budget.
D. Announcement by Mayor Vandergrift of end of hearing and date for fmal
millage and fmal budget hearing.
III. ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTE 286.0105: ANY PERSON WHO DESIRES TO APPEAL
ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALso, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N.
LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905-3105 48 HOURS IN ADVANCE OF THE MEETING.
Mavor's Scriot
CITY OF OCOEE
PROCEDURES TO BE FOLLOWED AT PUBLIC HEARING
ON THE TENTATIVE BUDGET AND TENTATIVE MILLAGE RATE
September 13,2007
7:00 P.M.
1. Call meeting to order at announced time of public hearing.
[NOTE: This hearing needs to begin at scheduled time of7:00 p.m.]
(Mavor Announces: 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 4.6925 mills, by unanimous vote, which represents a 7.86%
increase in millage over the rolled-back rate of 4.2923 mills).
2. First issue to discuss:
Prior to any discussion, the Mayor should call upon the City Attorney to discuss
maximum millage rate which may be levied and the rates required to exceed such millage
rate.
City Attornev:
The maximum millage rate which may be levied by the City by regular majority vote for
the 2007-2008 fiscal year is 4.077 mills, such maximum millage rate having been
determined pursuant to Section 200.185(3)(a), Florida Statutes. This is part of the
amendment package adopted by the 2007 Florida Legislature. This maximum millage
rate may be increased to the rolled-back rate of 4.2923 mills by a two-thirds vote of the
City Commission. The establishment of a millage rate between 4.0778 mills and 4.2923
mills requires a two-thirds vote of the City Commission. This maximum millage rate
may be increased to the non-voted millage rate that was levied in the 2006-2007 fiscal
year by a unanimous vote of the City Commission, such millage rate being 4.6295 mills.
The preliminary millage rate set by the City Commission and contained in the TRIM
Notices is 4.6295 mills. The City Commission cannot exceed this millage rate. The
establishment of a millage rate between 4.2924 mills and 4.6295 mills requires a
unanimous vote of the City Commission. 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.
3. Second issue to discuss:
l
Following the report by the City Attorney, the Mayor should call upon the Director of
Finance to make a brief presentation which discusses the following:
a. The percentage rate increase in millage over the rolled-back rate necessary to fund
the budget.
b. The specific purpose for which ad valorem tax revenues are being increased.
4. After the above presentation and prior to the adoption of any measures, the Mayor should
call upon the general public to speak and ask questions.
5. Following the call for public comment and questions, the Mayor should call upon the City
Commission for comments, questions and debate.
Note: The City Commission may participate in public discussion and should respond to
questions by the public.
6. After discussion, the Mayor should ask whether there are anv amendments to the
proposed tentative budget. Motions to amend the tentative budget should be considered
and voted upon. Prior to any vote, the Mayor should call for public comment and
questions on any proposed amendment.
MOTION:
Move to amend the tentative budget of the City of Ocoee distributed along
with the budget message of the City Manager dated July 27, 2007, along
with the changes resulting from the Budget Workshops as outlined by
staff.
[NOTE:
The City Commission should NOT vote on the adoption of the final
budget at this time, but only upon amendments to the tentative budget, if
any.]
7. After the City Commission has acted upon all amendments to the tentative budget, the
Mayor should declare a brief RECESS in order to recompute the proposed final millage
rate and rolled-back percentage increase.
mOTE: Ifno amendments are adopted, a recess should not be necessary.]
8. After the recess, the Director of Finance should publicly announce the re-computed
proposed final millage rate and the percent by which the re-computed proposed final
millage rate exceeds the rolled-back rate. It should be announced that this is the proposed
"percentage increase in property taxes." It should also be announced if adoption of
this millage rate will require a regular majority, super majority, or unanimous vote.
9. The Mayor should call upon the City Attorney to read the title of Ordinance No. 2007-
:xxx regarding the proposed millage rate.
10. The Mayor should ask for a motion to adopt the tentative millage rate.
mOTE:
This must be done prior to adoption of the tentative budget. This motion
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must use the same millage announced after recess.]
MOTION:
Move that the City Commission adopt a tentative millage rate of
mills for the fiscal year beginning October 1, 2007, and ending September
30, 2008.
11. Mayor then calls for public comment and questions prior to vote on the tentative millage
rate. The Mayor calls for Commission comment and questions. Then Mayor calls for vote
on motion to adopt tentative millage rate.
12. Following the vote on the tentative millage rate, the Mayor should call upon the City
Attorney to read the title to Ordinance No. 2007-XXX, regarding the proposed budget.
13. Mayor should then ask for a motion to adopt the ramendedl tentative budget.
MOTION: Move that the City Commission adopt the tentative budget
of the City of Ocoee distributed along with the budget message of the City
Manager dated July 27, 2007, along with the changes resulting from the
Budget Workshops [as amended], such tentative budget being for the
fiscal year beginning October 1, 2007, and ending September 30, 2008.
14. Mayor calls for public comment and questions prior to vote on motion to adopt
[amended] tentative budget. Then Mayor calls for Commission comment and
questions. Then Mayor calls for vote on motion to adopt the [amended] tentative budget.
15. Mayor should then call for a motion to schedule the public hearing to adopt the final
millage rate and budget.
MOTION: Move that a public hearing to consider the final millage rate and
final budget be scheduled for September 24, 2007, at 7:00 p.m. at a Special
Meeting of the City of Ocoee City Commission to be held at the Ocoee City Hall
Commission Chambers, that the hearing be advertised in accordance with the
provisions of Section 200.065, Florida Statutes, and Section C-37 of Article VI of
the Ocoee City Charter, that the appropriate Ordinances necessary to adopt the
final millage rate and final budget be prepared by the City staff, and that all other
action necessary to comply with the requirements of Section 200.065, Florida
Statutes, be undertaken.
16. Mayor announces end of hearing and date of final budget and final millage hearing:
September 24,2007, at 7:00 p.m., at Ocoee City Hall.
Tentative budget script revised 09-12-07
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Commission Script
CITY OF OCOEE
MOTIONS TO BE MADE AT
PUBLIC HEARING ON THE TENTATIVE BUDGET
AND TENTATIVE MILLAGE RATE
September 13,2007
7:00 P.M.
(1) MOTION: Move to amend the tentative budget of the City ofOcoee distributed along
with the budget message ofthe City Manager dated July 27,2007, along with the changes
resulting from the Budget Workshops, as outlined by staff
[NOTE:
The City Commission should NOT vote on adoption of the
final budget at this time, but only upon amendments to the
adopted tentative budget, if any.]
(2) MOTION: . Move that the City Commission adopt a tentative millage rate of
mills for the fiscal year beginning October 1, 2007, and ending
September 30, 2008.
(3) MOTION: Move that the City Commission adopt the tentative budget of
the City of Ocoee distributed along with the budget message
of the City Manager dated July 27, 2007, along with the changes
resulting from the Budget Workshops [as amended], such
tentative budget being for the fiscal year beginning October 1,
2007, and ending September 30, 2008.
(4) MOTION: Move that a public hearing to consider the final millage rate and
final budget be scheduled for September 24,2007, at 7:00
p.m. at a Special Meeting of the City of Ocoee Commission to
be held at the Ocoee City Hall Commission Chambers, that the
hearing be advertised in accordance with the provisions of
Section 200,065, Florida Statutes, and Section C-37 of Article VI
of the Ocoee City Charter, that the appropriate Ordinances
necessary to adopt the final millage rate and final budget be
prepared by the City staff, and that all other action necessary to
comply with the requirements of Section 200.065, Florida Statutes,
be undertaken.
ORDINANCE NO. 2007-023
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
EST ABLISHING A MILLAGE RATE FOR AD VALOREM TAXES
FOR THE CITY OF OCOEE FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30,
2008, STATING THE PERCENTAGE, BY WHICH THE MILLAGE
RATE EXCEEDS THE ROLLED-BACK RATE COMPUTED
PURSUANT TO SECTION 200.065, FLORIDA STATUTES;
PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR
COLLECTION OF TAXES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee, Florida, has received the report of the Orange County
Property Appraiser stating the amount of assessed values which he has certified to the Florida
Department of Revenue for non-exempt real and tangible personal property within the City for
the year 2007; and
WHEREAS, in order to provide the revenue necessary for the operation of the City for
its Fiscal Year beginning October l, 2007, and ending September 30, 2008, the City Commission
of the City of Ocoee has determined the rate of ad valorem tax levy that must be assessed for the
year 2007; and
WHEREAS, pursuant to Section 200.065(5), Florida Statutes, the City Commission
intends that the millage when applied to the extended tax roll will generate the same tax revenue
as when applied to the Certification of Taxable Value prepared by the Orange County Property
Appraiser on June 27, 2007; and
WHEREAS, the provisions of Chapter 200 of the Florida Statutes prescribing the
method of fixing millage have been complied with.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 166 and 200, Florida Statutes.
SECTION 2. Milla!!e Levv. The City Commission of the City ofOcoee hereby adopts,
establishes and levies a millage rate for ad valorem taxation of real and business personal
property within the City of Ocoee, Florida, for the fiscal year beginning October 1, 2007, and
ending September 30,2008, at the rate of$ per $1,000.00 of assessed valuation.
SECTION 3. Percenta!!e Increase. Over Rolled-Back Rate. The millage rate, as
herein levied, exceeds the rolled-back rate computed pursuant to Section 200.065, Florida
Statutes, by
%, such percentage increase being characterized as the percentage increase
in property taxes adopted by the City Commission of the City of Ocoee.
SECTION 4. Milla!!e Adjustment. The City Commission hereby authorizes the City
Manager to administratively provide the Property Appraiser with the millage adjustment,
pursuant to his report of the aggregate change in the assessment roll as provided for by Section
200.065(5), Florida Statutes.
SECTION 5. Collection of Taxes. The tax shall be collected by the Orange County Tax
Collector, subject to discounts prescribed by law, and distributed to the City in accordance with
Florida law.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
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SECTION 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this 24th day of September, 2007.
Attest:
APPROVED:
City of Ocoee, Florida
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, APPROVED
AS TO FORM AND LEGALITY, THIS
24th DAY OF SEPTEMBER, 2007.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
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ORDINANCE NO. 2007-024
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE
COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND
ENDING SEPTEMBER 30, 2008; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Ocoee, Florida has submitted an
estimate of the expenditures necessary to carry on the City Government for the Fiscal
Year beginning October 1, 2007, and ending September 30,2008; and
WHEREAS, the estimated revenues to be received by the City during said
period from Ad Valorem taxes and other sources has been submitted to the City
Commission; and
WHEREAS, all applicable legal requirements pertaining to public notices and
hearings have been satisfied within specified deadlines and prior to final adoption of this
Ordinance; and
WHEREAS, the City Commission has, in meeting duly assembled, examined
and carefully considered the proposed budget.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VITI of the Constitution of the State
of Florida and Chapters 166 and 200, Florida Statutes.
SECTION 2. Adoption of Final Budl!et. Attached hereto as Schedule "A" and
incorporated herein by reference is the final budget for the City of Ocoee for the Fiscal
Year beginning October 1, 2007, and ending September 30, 2008, said final budget
being hereby confirmed, adopted and approved in all respects by the City Commission of
the City of Ocoee.
SECTION 3. Appropriations. There are hereby expressly appropriated out of
anticipated revenues all funds and monies necessary to meet the appropriations
stipulated by and in said final budget as amended.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION 5. Effective Date.
This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 24th day of September 2007.
APPROVED:
Attest:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE
APPROVED AS TO FORM AND
LEGALITY THIS 24th DAY
OF SEPTEMBER 2007.
APPROVED BY THE OCOEE
CITY COMMISSION AT A
MEETING HELD ON THE ABOVE
DATE UNDER AGENDA ITEM NO._
FOLEY AND LARDNER LLP
By:
City Attorney
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Tentative Millage Rate
Proposed Budget balanced at
Recommended adjustments to proposed budget:
Legal Fees - CRA transfer
Reimbursement to GF - initial costs
Coke Property principal refinance
Police vehicles- 4 year lease vs purchase
Increases to Revenues
Cash Carryforward recalculated based on 4th quarter
Adjusted millage rate
Workshop Discussions:
Fire Service Fee Removed
Remove proceeds for Centex Land Sale (Coke Property)
Health Insurance #3769 (HRA w/co-pays)
Health Insurance- Clinic
Police Officers (3) - new
Increase funding for Central Park ( total of $300,000)
PT Fire Inspector
Police Portable Message Board (Grant $25,000)
Increase funding for Human Relations Diversity Board
Millage Rate Legislative Requirements
Vote Required
Majority vote
Supermajority vote
Unanimous Vote
4.0777
(75,000.00)
(104,323.70)
(835,000.00)
(75,000.00)
(43,000.00)
(386,649.00)
-0.0324
-0.0451
-0.3606
-0.0324
-0.0186
-0.1670
3.4217
1,100,000.00 0.4751 3.8968
790,000.00 0.3412 4.2379
145,000.00 0.0626 4.3006
240,000.00 0.1037 4.4042
195,000.00 0.0842 4.4884
100,000.00 0.0432 4.5316
20,000.00 0.0086 4.5403
10,000.00 0.0043 4.5446
1,500.00 0.0006 4.5452
4.5452
Rate Level
~ 4.0777
4.0778 - 4.2923
4.2924 - 4.6295
MAX 4.6295