Fort Walton Beach Council minutes — 09-05-07 special minutes — reading text

Mr. Minich moved to amend the motion to delete the words " Finance Director and/ or the" from the first sentence of item 4. Mr. Reeves seconded motion. Further comments included the belief that the opinions of the City Attorney have been straightforward on the issue; that the City Manager is the one who has the discretion; and that nothing will be undocumented or done in a manner that will be detrimental to the City. The City Attorney explained and clarified that the portion of the Charter referenced by Mr. Miller also subjects the Finance Director to the supervision and control of the City Manager. She further explained her interpretation of the Charter as it relates to budget transfers. The City Manager stated it was a proposed change from the City Attorney for legal purposes and it will not in any way change the administrative policies on how they operate internally, and there are various thresholds of approval. Further comments included that at a future workshop Council will have a Charter review to discuss span of control, responsibility, and checks and balances. It was questioned who determines policy for the City, the City Attorney or Council and it was expressed that the Charter says ~and other duties as the Council may by ordinance provide"; and the preference voiced for two people to approve the transfer of funds. The City Attorney expressed she is the City Attorney and she does not set policy and she had put out the opinion regarding consistency with the Charter. She said back in April, and previous to that, there was confusion on what the job duties of the Finance Director are and by clarifying it in the ordinance eliminates one piece of confusion. She said Council sets policy by adopting ordinances that reflect that policy in the correct spot. She said the ordinance ( 1740) is not the place to adopt that policy; there is Section 4 of the Code that regards all the financial procedures and if Council wishes to set policy that is the place to do it. She said this is defining whose approval those transfers can be made, it is also consistent with Mr. Linn' s opinion and his two part suggestions on how to clarify things, and it is fully consistent with Florida Statutes. She stated it is not a policy issue; it is simply bringing it in line with interpretation of the Charter. Special Council 9- 5- 07 125 ORD. 1740 cont. Further discussion included comments that the City Attorney is relied upon to make sure the ordinances passed are legal; that there is a responsibility to the citizens to make sure the money is controlled; that two heads are better than one; that three opinions had been given by Ms. Balant, Mr. Linn and the City Attorney; and there was an expression of faith in the City Attorney. The Mayor called for the vote on the amendment to the motion to delete the words " Finance Director and/ or the" from the first sentence of item 4 and it carried by a vote of 4 to 3 with Holmes, Reeves, Hartwell, and Minich in favor and Miller, Garvie, and Pullen opposed. Discussion turned to the $ 15, 000 budgeted in the CRA Fund under Grants and Aids for the Downtown Business Plan. Dr. Pullen moved to eliminate the Chamber - Downtown Business Plan $ 15, 000 funding. Motion died for lack of a second. Discussion turned to the public service utility tax and the removal of the $50. 00 cap to reduce reliance on the fund balance. Mr. Miller moved to remove the public service tax cap. Dr. Pullen seconded motion. Discussion included comments that eliminating the cap is one way to reduce dependence on the public service tax is a tax for the use of utilities and is one way to reduce the reserve fund; that the burden on the ad valorem taxes; and that the City and business community had agreed to the cap years ago. The City Manager went over the history on the tax cap and explained when an increase was discussed years ago the business community came out in full force because they felt it would directly impact their profitability so the City and the business community worked out the cap; and she thought the business community would feel strongly about removing the cap. She was unsure whether the cap could be removed tonight, the revenue can be budgeted but she believed it would need an ordinance to effectuate that change. Discussion included comments in opposition to the motion; the desire to support the business community; the desire to give the businesses a break; and the need to find money in the budget without placing the burden on the larger employers in the community. The City Manager suggested the motion be reworded to add $ 279, 000 to the Utility Tax revenue line item then staff will return at some future point with an ordinance. The City Attorney advised the cap is in Code 4. 05. 02 and it cannot be removed unless there is an ordinance to change and revise the Code. She said the City Manager suggestion is to revise the budget to include the revenue but then it is presumed it will pass upon ordinance and that is unknown. She suggested if the motion is Council will look at removing the cap that it simply state to come back to Council as soon as possible. The Mayor noted the motion on the floor is not a valid motion as the City Attorney advised Council does not have the authority to remove the cap. The City Attorney advised if the motion is amended to ask staff to return with an ordinance to remove the cap it would be proper for a vote. Dr. Pullen moved to amend the motion to request staff to return with a proposal for changing the ordinance on the public service tax cap. Mr. Miller seconded motion. It was commented that discussion on the budget has turned to a motion for an amendment for staff to return with a proposal and that the motion should be to amend the budget. Mr. Miller withdrew his second. Motion died for lack of a second.  Special Council 9- 5- 07 126 ORD. 1740 cont. Mr. Miller moved to decrease the budget by $ 279, 160 which is the expected savings in the public service tax. Dr. Pullen seconded motion. The Finance Director questioned if the intent is to decrease the reliance on the fund balance. Mr. Miller stated his motion is to reduce the budget by $ 279, 160 which is the projected savings by removing the public service tax cap. Dr. Pullen withdrew second. Motion died for lack of a second. Mr. Miller moved to terminate the eternal flame in front of the auditorium, which will give an annual cost savings of $2, 000. Motion died for lack of a second. The Mayor called for the vote on the motion to adopt Ord. 1740 on first reading, as amended, to delete the words " Finance Director and/ or the" from the first sentence of item 4 and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Hartwell, and Minich in favor and Miller and Pullen opposed. The Mayor announced Ord. 1740 is adopted on first reading establishing a budget for the City of Fort Walton Beach for the fiscal year beginning October 1, 2007 and ending September 30, 2008, with a final rate of 4. 1986 mills, which is 5. 0% lower than the roll- back millage of 4.4196. The millage proposed budget is subject to a second and final public hearing that will be held here at City of Fort Walton Beach Council Chambers on Wednesday, September 19, 2007 at 5: 30 pm. ADJOURNMENT The meeting adjourned at 6: 50 p. m. APPROVED: q,~5~o1 MAYOR: ~ ~. ATTEST: CITY CLERK . ddm