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09-18-2006 Tentative Budget OCOEE CITY COMMISSION SPECIAL BUDGET SESSION Ocoee Commission Chambers September 18, 2006 AGENDA 7:00 P.M. I. CALL TO ORDER - Mayor Vandergrift A. Roll Call and Determination of Quorum II. PUBLIC HEARING A. 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. 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. Vote 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. Vote on motion to adopt the tentative budget. C. Motion to schedule the public hearing on September 28, 2006, at 7:00 p.m. in the Commission Chambers to adopt the rmal millage rate and budget. D. Announcement by Mayor Vandergrift of end of hearing and date for rmal millage and rmal budget hearing. III. ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WIm 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. Mayor Vanderarift, seconded by Commissioner Keller, moved to brina Ordinance back to the next available Aaenda for first readina. Motion carried 5-0. Mayor Vandergrift inquired if they had any thought about being a sub-committee to the CACOPD. Martha Lopez-Anderson stated John Grogan who is chairperson of the CACOPD had expressed interest in having the CPRC members join the CACOPD as a sub-committee. Mayor Vandergrift suggested members of the CPRC be added to the CACOPD, and allowing the membership of that board to be temporarily higher than 15 persons, until it goes back down through attrition. He asked that the CPRC members give it some thought. Deputy Police Chief Goclon recognized members of the CPRC with a certificate of appreciation for all their hard work. Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and allow their input. Staff has reviewed the calendar and recommends at least two of the following dates be selected for the budget workshops: August 14, 17, 21, 23, 24 beginning at 7:00 pm. Staff recommends the Commission select one combination of dates from the following for the public hearings: a) September 14th and 28th, b) September 18th and 27th, c) September 6th and 14th, d) September 8th and 18th, or e) September 15th and 25th beginning at 7:00 pm. Commissioner Anderson, seconded by Commissioner Hood. moved to set the budaet workshops for FY 06/07 for Auaust 21 & 24: and the Budaet Public Hearina for FY 06/07 for September 18 & 27. Motion carried 5-0. -K The TRIM requires the city to advise the County Property Appraiser of the FY 2007 proposed millage rate by August 4,2006. The property value increase over last year is $426,655,116. One mil generates $2,064,600. The rolled-back rate is 4.0285 per $1,000 of taxable value and would produce $8,317,242 in revenue. (This would be an increase of $452,158 over current year revenue due to new construction) The current rate of 4.8018 per $1,000 of taxable value would produce $9,913,795 in revenue. (This would be an increase of $2,048,711 over current year revenue.) The city remains among the lowest in millage rates in Orange and Seminole counties. Staff recommends the millage rate be retained at 4.8018. This would be the maximum millage rate the commission can assess at the public hearings in September without a costly 1 st class notification to all property owners in the city. The commission can choose this millage rate or any lower rate at the final budget hearing in September. Finance Director Horton explained that they must submit a proposed tentative millage rate to the Orange County Property Appraiser by August 4, 2006. This would be the maximum millage rate the commission can assess at the public hearings in September without a costly 1 st class notification to all property owners in the city. The commission can choose this millage rate or any lower rate at the final budget hearing in September, but cannot go higher without the afore mentioned notification. Commissioner Anderson stated last year the budget was balanced at 4.59 until former Public Works Director Zaitooni had come before them with some additional projects which raised their rate to 4.8018. His recommendation is to send direction to staff to balance their budget at the 4.59. Commissioner Johnson stated he would like for staff to bring back to the Commission what they think is a balanced budget with consideration of all of the new positions and projects. Page 9 of 14 City Commission Regular July 18, 2006 Commissioner Anderson. seconded by Commissioner Keller. moved to set the tentative proposed millaae rate for FY 06/07 at 5.0. Motion carried 4-1 with Mayor Vanderarift opposina. I H. STAFF REPORTS Services at Keene Road Facilit City Manager Frank- stated the Ja ela Water To r that was to be taken down by Pittsburg Tank & Tower Company at no ch e is now stating th due to the state of repair that the tank is in, they no longer want to folIo hrough with their offer. He stated he does want to get the tank out of there and Pittsburg Tan & Tower Company will be 'lling to remove it at a $24,000 cost. Mayor Vandergrift stated}e would rather put it out to bid. .ty Manager Frank stated if they bid it out the City will bl:11'aying more to remove it. City Atto ey Rosenthal explained to the Commission the con~:~fs that were signed by Pittsburg Tank & wer Company and the legal options they have if j?ey chose to make Pittsburg Tank & Tower Co any adhere to the signed contract and remo~ the tank at no cost. Mayor Vandergrift asked for taff to give more details as to what was rong with the tank. Utilities Director Smith informe the Commission that staff had not t;een up in the Jamela Water Tower for some years; howeve when the Pittsburg Tank & To~r Company sent a set up crew to go into the facility for measu ments the hatch collapsed. }i~ further described other issues with the tank. A brief discussion e ued regarding the remil of the tank. Commissioner Hood. seconded by Commissioner Johnson. moved to approve the removal of the Jamela Water Tower at a cost of $24.000 by the Pittsbura Tank ~ Tower Company. as presented by staff. Page 10 of 14 ORDINANCE NO. 2006-016 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2006, AND ENDING SEPTEMBER 30, 2007, 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 2006; and WHEREAS, in order to provide the revenue necessary for the operation of the City for its Fiscal Year beginning October 1,2006, and ending September 30, 2007, the City Commission of the City of Ocoee has determined the rate of ad valorem tax levy that must be assessed for the year 2006; 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 30, 2006; 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 VITI of the Constitution of the State of Florida and Chapters 166 and 200, Florida Statutes. SECTION 2. Millae: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, 2006, and ending September 30,2007, at the rate of$ per $1,000.00 of assessed valuation. SECTION 3. Percentae: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. Millae: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. 2 SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 28th day of September, 2006. 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 28th DAY OF SEPTEMBER, 2006. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney 3 ORDINANCE NO. 2006-017 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; 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, 2006, and ending September 30, 2007; 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. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article vrn of the Constitution of the State of Florida and Chapters 166 and 200, Florida Statutes. SECTION 2. Adoption of Final Bude: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 I, 2006, and ending September 30, 2007, 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 28th day of September 2006. APPROVED: Attest: 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 28th DAY OF SEPTEMBER 2006. 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 2