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09.28.2016 - Special City Council MeetingCITY OF MIAMI GARDENS SPECIAL CITY COUNCIL MINUTES SEPTEMBER 289 2016 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in Special Session, Wednesday, September 28, 2016, beginning at 6:00 PM, in the City Council Chambers, 18605 NW 27th Avenue, Miami Gardens, Florida. The following members of the City Council were present: Mayor Oliver Gilbert and Council members: Rodney Harris, Erhabor Ighodaro and David Williams. Councilwoman Lillie Q. Odom arrived at 6:03 PM. Councilwoman Lisa C. Davis arrived at 6:05 PM. Vice Mayor Robinson arrived at 6:13 PM. Also in attendance were: City Manager Cameron Benson, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Delivered by Mayor Gilbert (C) PLEDGE OF ALLEGIANCE Recited in unison (D) RESOLUTION(S)/PUBLIC HEARING Mayor Gilbert announced, "This is the second of two public hearings for the adoption of the Millage Rate and Budget for the City of Miami Gardens for Fiscal Year 2016/2017. RESOLUTION NO. 2016-150-3049 D-1) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A FINAL MILLAGE RATE AT A PUBLIC HEARING TO BE LEVIED FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2016, THROUGH SEPTEMBER 30, 2017 FOR OPERATING PURPOSES; ESTABLISHING THE ROLLBACK RATE; ESTABLISHING THE DEBT MILLAGE RATE APPROVED BY THE ELECTORATE; PROVIDING FOR DIRECTIONS TO THE FINANCE DIRECTOR THROUGH THE CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) After the title of the resolution was read in to the record by the City Clerk, Mayor Gilbert stated, "The Proposed Millage rate for the city for Fiscal Year 2016/2017 is 6.9363, which is 8.44% over the Roll -Back Rate, and the voted Debt Service Millage Rate is 1.1571. The Aggregate Millage Rate for Fiscal Year 2016/2017 is 8.0934." Special City Council Minutes - September 28, 2016 Page 1 Manager Benson stated, "The proposed Millage Rate that staff is recommending is 6.9363 for operating purpose". He said this is the recommendation that has been discussed for the last several meetings. It is also the same Millage Rate levied for the past two years. He reiterated that staff's recommendation is for a Millage Rate of 6.9363, for the operating budget for Fiscal Year 2016-2017. Mayor Gilbert opened the floor for the proposed operating Millage Rate and the voted Debt Service Millage Rate. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Councilman Ighodaro, seconded by Councilman Harris to adopt the millage rate and the voted Debt Service Millage Rate. There being no discussion on the Millage Rate and voted Debt Service Millage Rate, motion offered by Councilman Williams, seconded by Councilman Harris to defer the adoption of the Millage Rate resolution until after the discussion on the Budget. There being no discussion on the deferral, the motion to adopt passed and carried by a unanimous vote of the members present. After the discussion on the budget and a vote to recall of the millage rate resolution, the motion to adopt the Millage Rate and voted Debt Service Millage Rate passed and carried by a 7- 0 vote. Councilwoman Davis: Yes Councilman Harris: Yes Councilman Ighodaro: Yes Councilwoman Odom: Yes Vice Mayor Robinson: Yes Councilman Williams: Yes Mayor Gilbert: Yes Once the Millage Rate and voted Debt Service Millage Rate resolution was adopted, a motion was offered by Councilman Harris, seconded by Councilman Williams to recall the Budget Ordinance. The motion to recall the Budget Ordinance passed and carried by a unanimous vote of the members present. (E) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING: ORDINANCE NO. 2016-11-357 E-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AND ADOPTING THE CITY'S BUDGET FOR THE 2016-2017 FISCAL YEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR CARRYOVER OF FUNDS; PROVIDING FOR INTERFUND TRANSFERS; PROVIDING FOR Special City Council Minutes - September 28, 2016 Page 2 AUTOMATIC AMENDMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Benson recounted when the budget was adopted on first reading all items requested were approved, with the 6.3963 Millage Rate. Since that time and as everyone is aware the City now needs to budget for a Special Election scheduled for December 6, 2016. The City has received from Miami -Dade County the proposed budget for this Special Election. Based on the amount of the Special Election, discussion is warranted in order to make some budget amendments to allocate funds for the cost of this Special Election. The total cost of this Special Election is $199,357.07. This means that based on the budget and current Millage Rate this expense was not an anticipated item. There has been extensive conversation regarding additional staff for the City Council for a budgeted amount of approximately $227,000; coupled with that is the fact that the City has to schedule and pay for a Special Election. Staff is recommending utilizing the money budgeted for the additional Council staff to pay for the Special Election. Any balance from that would go to fund the Youth Summer Jobs Program. Mayor Gilbert asked whether the actual amount could be more than the estimated $199,357.07. Clerk Taylor in response to Mayor Gilbert's inquiry said the actual cost could increase. Manager Benson stated from a budgetary standpoint there are not many items as large that are currently budgeted outside of impacting services and employment that can be used to defray the cost of this Special Election. Therefore the $227,000, item allocated for the three additional staff members for the City Council is probably the item to have a conversation about as it relates addressing the Special Election cost. Mayor Gilbert opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item, the public hearing closed. Motion offered by Vice Mayor Robinson, seconded by Councilman Harris to adopt the Final Budget for 2016/2017. Vice Mayor Robinson asked whether there were other options available to pay for the Special Election. Manager Benson in response to Vice Mayor Robinson's inquiry said the other option would be to utilize the $286,000, budgeted for Special Events. There is also the Body Camera allocation in the amount of $120.00, which is not quite the amount needed. Councilman Williams asked who is liable for the situation with having to hold a Special Election. Special City Council Minutes - September 28, 2016 Page 3 Mayor Gilbert explained the Florida Supreme Court ruled the state law unconstitutional; however they do not pick up the tab. Councilman Williams asked about the bank's mistake in terms of liability. Attorney Dickens in response to Councilman Williams shared in terms of legal issues banks makes mistakes. Councilman Williams opined there is some liability with the bank. Mayor Gilbert indicated the litigation budget would have to be increased. Councilwoman Odom asked whether this estimate includes early voting and whether that early voting would take place at the North Dade Regional Library. Clerk Taylor in response to Councilwoman Odom's inquiry said Early Voting, if applicable would take place at the Betty T. Ferguson Recreation Complex. Early voting is estimated to cost approximately $3,000, per day. Councilman Ighodaro concurred with Councilman Williams and opined if somebody makes a mistake there is a cost for making that mistake. He opined Council staff is critical however he would accept the option as provided by staff. Councilman Williams asked whether the City received estimates for every election. Clerk Taylor in response to Councilman Williams' inquiry said not beforehand because the City piggy backs on other elections. In those instances the City budgets approximately $35,000, for those elections. Councilwoman Davis asked for clarity about the Special Election costs. Clerk Taylor in response to Councilwoman Davis' inquiry explained the only other Special Election was the City of Miami Gardens Mail Out Ballot Special Election; which did not require precincts to be open on election day. She explained approximately 29 precincts will be open on December 6, 2016; each precinct has to be staffed. Miami Dade County will not be absorbing any of the cost associated with this election because this election is a stand-alone. All costs associated with this Special Election will be passed through to the City of Miami Gardens. Mayor Gilbert concurred with the City Manager's recommendation and asked that the staffing issue be readdressed during the mid -year budget assessment. Motion offered by Mayor Gilbert, seconded by Councilwoman Davis, to amend the budget by accepting the recommendation made by the City Manager to utilize the funds allocated for the three additional staff members to pay for the cost of the Special Election and that the left over funds from the $227,000, after paying for the Special Election be allocated to the Youth Summer Employment Program. The funds for the additional staffing will be reviewed during the mid -year Special City Council Minutes - September 28, 2016 Page 4 budget process. There being no further discussion on the amendment, the motion passed and carried by a unanimous vote of the members present. Motion offered by Councilman Williams, seconded by Councilman Harris to defer the adoption of the final budget until after the adoption of the millage rate resolution. There being no discussion on the deferral, the motion to adopt passed and carried by a unanimous vote of the members present. Motion offered by Councilman Ighodaro, seconded by Vice Mayor Robinson to recall the millage rate resolution. There being no discussion on the recall of the Millage Rate and voted Debt Service Millage Rate Resolution passed and carried by a unanimous vote of the members present. After the Millage Resolution was recalled and voted upon, a motion was offered to recall the Budget Ordinance for adoption. There being no discussion on the recall the Budget Ordinance passed and carried by a unanimous vote of the members present. The motion to adopt the Final Budget for FY 2016-2017, passed and carried by a 7-0 vote of the Council. Councilman Harris: Yes Councilman Ighodaro: Yes Councilwoman Odom: Yes Vice Mayor Robinson: Yes Councilman Williams: Yes Councilwoman Davis: Yes Mayor Gilbert: Yes (F) ADJOURNMENT. There being no further business to come before this Body and upon a motion being duly made and seconded the meeting adjourned at 6:25 PM. Attest: liver i ert, Mayor ��GCv Ronetta Taylor, MW, City Clerk Special City Council Minutes - September 28, 2016 Page 5