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HomeMy WebLinkAbout2000-09-28 Special meeting Final Buget Hearing City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING FINAL BUDGET HEARING SEPTEMBER 28, 2000 1. CALL TO ORDER Mayor McElyea called the meeting to order at 7:00 p.m. 2. ROLL CALL Present: Mayor: C.K. McElyea Vice-Mayor: John Bertino Commissioners: Jim Cali John Etling City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson Absent: Commissioner: Bob Mikes 3. PUBLIC HEARINGS: 3.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2000-01 AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the titles of all of the resolutions. City Manager Smith advised that a 5.83 millage rate has been approved, which is also the "rolled-back rate". He urged the City Commission to consider his proposal for a 6.1 millage in order to provide an additional $300,000.00 for operational costs and to cover unmet capital expenditures. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. For Statutory compliance, City Attorney Ansbro confirmed that the "rolled-back rate" is 5.83, there is no percentage increase, and the millage rate to be levied is 5.83. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, to adopt the Resolution for a 5.83 millage rate. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: MINUTES 1 SEPTEMBER 28, 2000 SPECIAL MEETING Commissioner Cali-no Commissioner Etling-yes Vice-Mayor Bertino-yes Mayor McElyea-yes Vice-Mayor Bertino stated the importance of the City Commission to take action to reduce the millage rate to the "rolled-back" rate when other cities, at this time, have increased taxes. 3.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, FOR THE FINAL APPROVAL AND ADOPTION OF THE ANNUAL BUDGET OF THE CITY OF DANIA BEACH, FLORIDA, FOR THE FISCAL YEAR 2000-01; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Commissioner Etling's motion to adopt the budget died for lack of a second. A motion was made by Vice-Mayor Bertino, seconded by Mayor McElyea, after passing the gavel, to include a $5,000 salary increase for Bud Palm, Utilities/Public Works Director, to be paid from contingency funds in the General Fund. Commissioner Cali clarified that each City Commissioner is also receiving a $2,000 salary increase plus related costs. He stated his inability to support the budget due to the salary increase for the City Commission when staff has been asked to cut back on operating costs by some $300,000.00. He stated that the City Commission was also granted a salary increase in last year's budget, which provides a 50% increase in salary with the two budget years. He disagreed with granting the salary increase for Mr. Palm when there is no money provided and recommended removing the $2,000.00 salary increase for each commissioner. For the record, City Manager Smith opposed the increase for Bud Palm. Mayor McElyea advised that Laurence Leeds was granted a $5,000 salary increase in this budget and he has only been here a few months and that Mr. Palm deserves the salary increase based on the money he has saved the City from his utility expertise. Mr. Smith reminded the City Commission that Mr. Palm's salary was raised a few years ago, which was substantial, and that the salary was calculated retroactively and that Mr. Palm also received a $25,000 bonus covering his department efforts. Commissioner Cali was concerned that a Conflict of Interest exists for the City Commission since the Charter was changed in 1998 to provide the City Manager the authority to hire and fire department heads and to set salary amounts. Vice-Mayor Bertino stated that the City Commission approves the budget and that a salary increase would be a budget matter. Commissioner Etling agreed that the City Commission should not be interfering with the City . Charter requirements. MINUTES 2 SEPTEMBER 28, 2000 SPECIAL MEETING City Attorney Ansbro was of the opinion that the City Commission could change the budget, • however, increasing a salary for a department head would not be in accordance with the Referendum that changed the Charter in 1998 for the City Manager to hire and fire department heads. City Attorney Ansbro recommended against voting on the motion increasing a department head's salary. Commissioner Bertino thought that the City Commission has the right to change line items in the budget, otherwise, the only recourse for the City Commission would be to fire the city manager or vote "no" on the budget until the city manager changed the budget accordingly. For the record, Commissioner Cali clarified that his vote of"no" on the motion is not a personal attack or lack of trust towards Mr. Palm's ability, but, rather, his opinion that the Charter does not allow the City Commission to interfere with the compensation of employees at any level. Mayor McElyea mentioned that if the City Commission cannot make these changes then action needs to be taken to remove the city engineers, the city manager and the City law firm and to start over. The motion granting a $5,000 raise for Mr. Palm died on the following 2/2 roll call vote with Commissioner Mikes being absent: Commissioner Cali-no Commissioner Etling-no Vice-Mayor Bertino-yes Mayor McElyea-yes A motion was made by Commissioner Cali, seconded by Mayor McElyea, after passing the • gavel, amending the budget to reflect a reduction of$10,000 for the salary increase for the City Commission and adopting the budget as amended. The motion died on the following 2/2 roll call vote with-Commissioner Mikes being absent: Commissioner Cali-yes Commissioner Etling-no Vice-Mayor Bertino-no Mayor McElyea-yes Commissioner Cali mentioned that Vice-Mayor Bertino and Commissioner Mikes abstained at the last meeting on the vote adopting an Ordinance for the General Employees Pension Fund because the benefit would enrich them and then they turn around and vote on a salary increase of$2,000 a piece that would automatically enrich them on October 1. A motion was made by Commissioner Etling, seconded by Commissioner Cali, to adopt the resolution approving the budget. The motion died on the following 1/3 roll call vote with Commissioner Mikes being absent: Commissioner Cali-no Commissioner Etling-yes Vice-Mayor Bertino-no Mayor McElyea-no Vice-Mayor Bertino suggested that the City Manager legally re-advertise the budget hearing and make alignments to the budget so that it could be brought back next Tuesday. • City Manager Smith agreed to withdraw his objection to a raise for Mr. Palm, even though he did not support the raise, rather than hold up the adoption of the budget so that operations could continue in an efficient manner and pointed out to the City Commission that it is irresponsible MINUTES 3 SEPTEMBER 28, 2000 SPECIAL MEETING for them to propose a salary increase for Mr. Palm when the City Commission does not work • with Mr. Palm on a day to day basis. A motion was made by Vice-Mayor Bertino to adopt the budget with a $5,000 salary increase for Bud Palm, Utilities/Public Works Director. The motion died for lack of a second. Commissioner Cali agreed to second the motion by Vice-Mayor Bertino if he removes the $10,000 salary increase for the City Commission. Vice-Mayor Bertino would not amend the motion. Commissioner Cali pointed out that the City Commission should set an example and that no collective bargaining unit was granted a 50% increase over the past two years and that the City Commission has done nothing to deserve such a salary increase. Vice-Mayor Bertino stressed the need to provide a decent salary for the City Commission so that the average man elected to office does not have to worry about supporting his family while serving a term on the City Commission. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to adopt the budget with a $5,000 salary increase for Bud Palm, Utilities/Public Works Director. The motion died on the following 2/2 roll call vote with Commissioner Mikes being absent: Commissioner Cali-no Commissioner Etling-yes Vice-Mayor Bertino-yes Mayor McElyea-no • Vice-Mayor Bertino recommended continuing the hearing for October 9tn Commissioner Cali questioned the City's ability to function on October 1 without the budget being approved. At this time, a short recess was allowed. 8:05 p.m.- the meeting reconvened. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to adopt the budget with a $5,000 salary increase for Bud Palm, Utilities/Public Works Director. At this time, Commissioner Cali donated his $2,000 salary increase proposed in the budget with $1,000 for Area Agency on Aging and $1,000 for Family Central as the only way to support the budget. He stressed the need for the City to be able to operate after September 30t" and expressed concern for the legal ramifications of the actions tonight. Vice-Mayor Bertino amended his motion to include the ability for any city commissioner to donate any portion of their salary to any agency they desire through the budgetary process. Discussion followed on Commissioner Cali not running again in March and not being able to donate the full $2,000. . Vice-Mayor Bertino withdrew his amendment portion of the motion. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: MINUTES 4 SEPTEMBER 28, 2000 SPECIAL MEETING Commissioner Cali-no Commissioner Etling-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 3.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA BEACH, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the Resolution approving the Annual Sewer Fund Budget. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Cali-yes Commissioner Etling-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 3.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE • FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA BEACH, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Etling, seconded by Vice-Mayor Betino, adopting the Resolution approving the Annual Water Fund Budget. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Cali-yes Commissioner Etling-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 3.5 A RESOLUTION OF THE CITY OF DANIA BEACH; FLORIDA, ADOPTING THE ANNUAL STORMWATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, FOR . THE MAINTENANCE AND CARRYING ON OF THE STORMWATER DEPARTMENT OF THE CITY OF DANIA BEACH, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN • EFFECTIVE DATE. MINUTES 5 SEPTEMBER 28, 2000 SPECIAL MEETING Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor • McElyea closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the Resolution approving the Annual Stormwater Fund Budget. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Cali-yes Commissioner Etling-yes Vice-Mayor Bertino-yes Mayor McElyea-no 4. ADJOURNMENT This meeting adjourned at 9:15 p.m. MAYOR-COMMISSIONER ACTING CITY CLE K Approved: August 14, 2001 • • MINUTES 6 SEPTEMBER 28, 2000 SPECIAL MEETING