09-22-1983 - Special
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
SEPTEMBER 22,1983
MINUTES
Mayor David Ledbetter called the Special Meeting to order at 7:00 P.M. in the Community
Center. The purpose of the meeting was to act on the Resolution for millage, #83-R-68,
hold a Budget Hearing, and have second and final reading of the Budget ordinance #83-0-15.
ROLL CALL
Mayor David Ledbetter
Councilman Melbourne Wargo
Councilwoman Gigi Bennington
Councilman Neil Asting
Present
Present
Present
Present
Councilman Jack Spencer
City Attorney Jose'Alvarez
City Clerk Connie Kinsey
Police Chief Earl Baugh
Present
Present
Present
Present
City Attorney Alvarez read Resolution #83-R-68. A RESOLUTION ADOPTING A CERTIFIED MILLAGE
RATE OF 5.800 MILLS PER $1,000.00 ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA,
FOR THE FISCAL YEAR 1983-1984, WHICH REPRESENTS A SEVEN (7) PERCENT INCREASE OVER THE
ROLLED BACK RATE OF 5.417; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE. Section 1. That the City Council of the City
of Edgewater, Florida, hereby adopts a certified millage rate of 5.800 mills per $1,000.00
assessed valuation for the City of Edgewater, Florida for the fiscal year 1983-1984.
Section 2. That the millage rate to be levied will exceed the rolled back rate by seven
(7) percent.
City Clerk Kinsey said some of the highlights for the increased m~lage rate were increased
legal costs due to the number of lawsuits against the City, the hiring of a full time
in-house Engineer and Recreation Director, the hiring of two additional police officers
and the purchase of two used cars and equipment for same~ reserve set up for a new Police
station, Fire Department equipment, Public Works equipment, Library addition and Rescue
equipment, money budgeted for setting up the program of paving and recapping streets, and
additional recreation facilities and equipment.
Mayor David Ledbetter opened the public hearing.
Mr. Frank Opal, Florida Shores, said the proposed budget had $1,687,490. in revenue
in the general fund and also going in~o the general fund was the refuse collection fund and
based on the increased rate would be $256,770. for a total of $1,944,260. anticipated
income. He said last year's budget was\$1,294,826. and this was more than 7% and was
19~ to 20% higher and asked how it got that high. He spoke on the carryover from this
year of $232,791. and said it wasn't accounted for. City Clerk Kinsey said it was on
the bottom of page 7 of the budget._ Mr. Opal said his figures are from the audit report.
He said the budget should be rolled back to 5.417. He referred to ordinances 82-0-30
and 82-0-31, the budget ordinance and amended budget ordinance from last year. He
said Council should consider Article 8, Section 11 of the Florida Constitution.
Councilman Spencer said the 7%was the change in the millage that was a change in the ad
va 1 orem tax rate and \'/as not the same percentage as the Ci ty IS total revenue -ViaS changed
by and the increase in revenue this year over last year was partly due to $150,750. for,
two grants that the City expects to obtain for Menard May Park and the park and pier
across from City Hall.
Mr. Opal said there was still close to half a million dollars left over.
Mr. Walter Gross, 909 Lake Avenue, said our millage rate was the highest in Volusia
County as he understands it and if that's so it's due to poor supervision. He said
they eliminated a City Manager and City Clerk and with all fringe benefits this should
equal about $75,000. He asked where the money goes from developers and the cost of
those two major employees as he thought there would be a reduction in millage rate
instead of an increase. He said with the gasoline tax and other savings the millage
rate should be rolled back to last year.
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Q
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Mrs. Frank Opal said the general fund millage rate proposed to be levied against
1983 taxable values as of January 1,1983, but not collectible until after taxing
agencies set operating budgets for 1984 fiscal year are subject to authority and
limitation of Florida Statutes 166.214. She referred to a 1980'decision by the
Supreme Court which killed municipal immunity. She said this City Council proposes
to assess an ad valorem tax for the 1984 fiscal year which includes $14,880. for
Rescue, $256,181. for Parks and Recreation, $68,618. for Fire Control, with a total
of $339,679. She said records filed with the Secretary of State in Tallahassee
indicate Edgewater's Fire Association, Incorporated is a non-profit Florida corporation
as well as the other two, Parks and Recreation and EVER, are registered corporations
and to budget tax funds to registered corporation was a violation of the Constitution
of the State of Florida as amended in 1968 under Article 8, Section 11.
City Attorney Alvarez recalled a decision by the Supreme Court in 1980 which dealt
with the immunity of a municipality under United States Code, 1983 Civil Rights
Statute. He said up'to that point in time it was the rule of law that a municipality
was not a person for purposes of the Statutes and was not amenable to suit. He
said they upheld that under certain conditions a municipality could be sued and those
conditions pertain to policy of the municipality, and if this was injurious to a person1s
civil rights then and only then could the policy or practice of the municipality be
attached for liability. He said the municipality was not always responsible for the
actions of an employee as the employer, but only if it's the official adopted policy
of the municipality. He said he didn't know how this would be applicable to the
budgetary process. He said regarding Article 10, Section 8, of the Florida Consti-
tution, which states a municipality was not to lend its full face credit and governmental
powers for the aid of a private corporation, that was an issue that was raised for the
first time pertaining to this budget but these corporations are quasi-governmental and
non-profit and perform a governmental service.
Councilman Spencer moved that Council adopt Resolution 83-R-68. Councilwoman Bennington
seconded the motion. Motion CARRIED 5-0.
City Attorney Alvarez read Ordinance 83-0-15. AN ORDINANCE SETTING A FINAL BUDGET AND
APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY,
FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984,
TO THE VARIOUS ITEMS OF THE GENERAL FUND; THE WATER-SEWER FUND; THE REFUSE COLLECTION
FUND AND OTHER WATER-SEWER FUNDS; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Kinsey read the anticipated revenues and anticipated expenditures for the
following: General Fund revenue of $1,687,490. with expenditures of $1,687,490.;
Water-Sewer Funds revenue of $1,009,600. with expenditures of $1,009,600.; Refuse
Collection Fund revenues of $256,770. with expenditures of $256,770.; Water-Sewer
Capital Improvements fund revenue of $65,000. with expenditures of $65,000.; and
Water-Sewer Development Funds revenue of $220,000. with expenditures of $220,000.
Mr. Dana Armstrong, Cheeta Drive, asked where they got the Water-Sewer Capital
Improvement Fund, and asked if they were collecting money from Ordinance 80-0-43
because the government was going to tear that ordinance up. He said impact fees were
not permitted under Ordinance 400, and all monies from water and sewerwere to go
into the revenue account.
Councilwoman Bennington asked City Clerk Kinsey if the auditing firm of Brent:
Millikan helped in any way on this budget and City Clerk Kinsey said they had.
-2- Special Council Meeting Minutes
September 22, 1983
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Councilwoman Bennington moved to accept Ordinance 83-0-15. Councilman Asting
seconded the motion. Councilman Spencer noted that this Council spent many hours
with the department heads and City Clerk Connie Kinsey and Karen Rickelman of the
Finance Department working on this budget, with the advice of the auditing firm.
He said the budget was substantially higher when submitted but was cut drastically.
He suggested anyone who was interested to stop in at City Hall to review the budget
or he would be happy to talk with anyone about it. He said he felt it was a good
budget and provided some things the City had needed for a long time. Motion to
accept the ordinance CARRIED 5-0.
City Clerk Kinsey advised there were three copies of the budget at City Hall and three
at the Library if anyone wants to check them out.
Councilman Spencer moved to adjourn the meeting. Councilman Asting seconded the
motion. Meeting was adjourned at 7:40 P.M.
Minutes submitted by:
Lura Sue Koser
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~ITY CLERK. ~~7
Approved thi s.=- '-:f~ day of
rJ~T , 1983.
q)i)c,f!4~
-3- Special Council Meeting Minutes
September 22, 1983