MyActsOfSedition.com (MAOS) Post Office Box 1123 Deerfield Beach, FL 33443 Securities and Exchange Commission cc: FEMA Inspector General HUD Inspector General State of Florida Inspector General State of Florida Auditor General State of Florida Legislative Auditing Committee Broward OIG Broward County Commission RE: Investigation/Complaint concerning the City of Lauderdale Lakes To whom it may concern; MAOS is filing a formal complaint concerning the City of Lauderdale Lakes and requests investigation and action against responsible officials in the City in addition to immediate corrective action. We allege a systematic effort to overstate the financial condition of the City by suspect and improper actions of responsible officials and independent auditors who aided this cover-up. This directly led to incorrect financial information being provided to financial institutions, investors, government agencies to obtain grants, other local government agencies, and above all to the residents and taxpayers of the City. As the highest level of government, the City Commission should be held accountable for continuing this alleged Ponzi scheme by continuing to approve and endorse these actions. Due to the lack of action by the City to correct for the deteriorating economic and financial conditions, as determined by a Broward County Office of Inspector General Report, the City was in a state of financial emergency in 2011 as filed with the State of Florida as required. At the end of fiscal year 2011 the general fund had a negative $4.8M fund balance and the total overall Governmental Funds had a negative $5.4M fund balance. The general fund is used to pay for all normal operating expenses of the City. In addition, the City contracted with the Broward County Sheriffs Office (BSO) for public safety services and owed BSO $9.2M for public safety operating costs Page 2
through the end of fiscal year 2011. These operating expenses were properly recorded creating the deficits identified above. Attached are selected pages from the Citys audited financial statements for fiscal year 2012. On the Statement of Revenues, Expenditures and Changes in Fund Balances- Governmental Funds there is clearly identified a $9.2M revenue identified as Proceeds from Refinancing. And as noted there is only $51k in public safety expenses for 2012. MAOS believes that the City Manager Jon Allen improperly used the accounting treatment afforded under the Governmental Accounting Standards Board (GASB) for refinancing of long term to his advantage. And this action was subsequently endorsed by the independent auditor and ultimately approved by the City Commission. To highlight this gross misstatement, Florida Statute 166.101 only allows cities to issue debt for capital projects. Further the City Charter Section 3.17 requires an ordinance with public hearings to enact any debt within the City. From public records requests there was not an ordinance adopted or public hearings held as required for the past BSO operating expenses of $9.2M. This $9.2M for public safety operating expenses through 2011 was properly recorded as such in 2011. Now as shown in 2012, all public safety operating expenses are shown as capital expenditures. In direct conflict to this, other pages in the financial statements clearly show the public safety operating expenses as such not as capital expenditures. MAOS alleges that this is improper treatment of past BSO contract operating expenses and certainly does not meet the criteria allowed by GASB for the refinancing of long-term debt. This is not a debt at all as outlined by FS 166 and the Citys own Charter Section 3.17. And past due BSO contract operating costs are not capital expenditures no matter if they city agrees with BSO to reimburse them over a period of time. MAOS alleges that this was a ploy to show that 2012 now had positive fund balances in the general and fire funds in addition to a positive balanced budget for 2012 thus totally wiping out the negative fund balances from 2011 with this single swipe of the pen. What is hidden you say? The actual operating results from 2012 reflect budget deficits in the general fund of over $500k and over $600k in the fire fund. This misinformation was provided through these audited financial statements to investors, potential investors, granting agencies, companies doing business with the city, and also to residents and taxpayers of the city. An example of this was a debt due to Page 3
SunTrust Bank for past capital projects. This note was refinanced in August 2012 and included provisions for a reduced interest rate when there were positive balanced budget results shown. And Allen with City Commission and independent auditor approval gave them those results for 2012 no matter how he had to manufacture them. In the Long Term Financial Recovery Plan, it was identified as goals to refinance existing long-term debt and to sell off all city assets and then lease them back. This new accounting would certainly help make the city look more attractive to investors but is strictly a cover-up. In addition the City borrowed $2.5M from the Community Redevelopment Agency (CRA) to pay operating expenses of the city. The city intends to repay the CRA over the next 15 years. The CRA funds are restricted and any excess is be used in the next budget year or refunded. The City has essentially forced its own CRA to be in violation of FS 163. This is after the CRA has expended over $8M for city projects not meeting CRA requirements under FS 163. As shown in the attachments, they are claiming the City/CRA owns the 20,000 square foot library when in reality Broward County built and owns the Library. Again misrepresentation. In the financial statements, the grant fund of the City is indicated as having a deficit cash balance of $884k and is carrying another $565k in accounts receivable related to old HUD/CDBG cases. MAOS believes that if investigated it would determine that these accounts receivables are old and uncollectable at this point in time and should be written off. Writing these off would certainly further weaken the grant fund used to support grant applications already applied for and future applications but would give granting agencies the true picture. That is why Allen and company do not want to do the right thing. The ongoing mess with HUD/CDBG is worthy of investigation by HUD- MAOS encourages you to come in. The city received grant awards from FEMA for firefighters (SAFER) in 2013 and police (COPS) in 2014. Wonder if FEMA would award knowing the misrepresented financial condition of the city. And the following highlights even bigger issues with grants. The attached shows the Schedule of Expenditures of Federal Awards as required to be shown in the financial statements for grants awards. The following page shows the Summary Schedule of Findings and Questioned Costs from the auditor. Notice that this is an Unqualified Opinion with no Material or Significant Weaknesses identified. But MAOS would certainly challenge that. Following the Summary are six Significant Page 4
Deficiencies identified covering nine pages. And Item 2012-06 is for the grant process itself. How can this be -- six Significant Deficiencies but none shown on the Auditors Opinion Summary as Significant or Material? MAOS has pointed out several times the close personal relationship between Allen, certain Commission members, and External Auditor Rod Harvey. This systematic effort to deceive investors, potential investors, granting agencies, businesses, other local government agencies, the State of Florida, and residents and taxpayers has gone on long enough. It is time to sanction and hold those responsible accountable. MAOS believes these misstatements and actions run rampant through the City Manager, City Attorney, External Auditor, and are ultimately blessed by the City Commission. It is time to close down this Ponzi scheme. I stand ready to assist.
Timothy Chaz Stevens MyActsOfSedition.com (MAOS) Statutes & Constitution :View Statutes : Online Sunshine The 2012 Florida Statutes Title XII MUNICIPALITIES Select Year: 2012 -3 [ Go I Chapter 166 MUNICIPALITIES Page 1 of 1 View Entire Chapter 166.101 Oefinitions.-As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (1) The term "bond" includes bonds, debentures, notes, certificates of indebtedness, mortgage certificates, or other obligations or evidences of indebtedness of any type or character. (2) The term "general obligation bonds" means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the ordinance or resolution authorizing their issuance, of the full faith and credit and taxing power of the municipality and for payment of which recourse may be had against the general fund of the municipality. (3) The term "ad valorem bonds" means bonds which are payable from the proceeds of ad valorem taxes levied on real and tangible personal property. (4) The term "revenue bonds" means obligations of the municipality which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and whfch do not pledge the property, credit, or general tax revenue of the municipality. (5) The term "improvement bonds" means special obligations of the municipalfty which are payable solely from the proceeds of the special assessments levied for an assessable project. (6) The term "refunding bonds" means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as the refinanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution. (7) The term "governing body" means the council, commission, or other board or body In which t he general legislative powers of the municipality shall be vested. (8) The term "project" means a governmental undertaking approved by the governing body and includes all property rights, easements, and franchises relating thereto and deemed necessary or convenient for the construction, acquisition or operation thereof, and embraces any capital expenditure which the governing body of the municipality shall deem to be made for a public purpose including the refunding of any bonded indebtedness which may be outstanding on any existing project which is to be improved by means of a new project. Hlstory. - s. 1, ch. 73-129. Copyright <0 1995-2013 The Florida Legislature Privacy Statement Contact Us http://www.leg.state.fl .us/statutes/index.efm? App _ mode=Display _ Statute&Search _String=... 4/28/2013 Statutes & Constitution :View Statutes : Online Sunshine The 2012 Florida Statutes Title XII MUNICIPALITIES Select Year: 2012]3 ( Go J Chapter 166 MUNICIPALITIES Page 1 of 1 View Entire Chapter 166.111 Authority to borrow.-The governing body of every municipality may borrow money, contract loansJ and issue bonds as defined in s. 166.101 from time to time to finance the undertaking of any capital or other projeCt for the purposes permitted by the State Constitution and may pledge the funds, credit, property, and taxing power of the municipality for the payment of such debts and bonds. Htstory.-s. 1, ch. 73- 129; s. 2, ch. 92-345; s. 159, ch. 2003-261. Copyright 1995-2013 The Florida Legislature Privacy Statement Contact Us http://www.leg.state.fl.us/statut es/index.efm?App_mode=Display_Statute&Search_String= ... 4/28/2013 CITY OF LAUDERDALE LAKES, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2012 Other Total Community lOOSGOBond Governmental Governmental General Fire Rescue Grant Redeveloement Construction Funds Funds REVENUES Property taxes and tax increments 6,627,874 $ $ 1,409,887 s $ 1,050,700 9,088,461 Sales, usc and mo10r fuel lUes 558,044 558,044 Franchise and other tax., 3,197,388 17,430 3,214,818 Utility lUes 2,025,466 2,025,466 lntergovenunmental 2,8S4,801 2,854,801 Special assessment 4,076,941 4,076,941 Charges for servlcos, fines and forfeitnrres 1,447,714 312,788 138,537 1,899,039 Government gnnts and other SUJlllOit 10,586 284,281 290,707 . 210,958 856,532 Investment income .tJ(::. 7,322 435 1,470 268
Proceeds from refinancing contracts payabl 6,433,597 2,737,532 9,171,1 Other revenue 59,21 Total Revenues 7,127,696 I 719 494 33,814Ji8 EXPJtNDITIJRES Cunmt General government 4,581,315 4,581,315 Public safety 22,122 7,639 114 21,591 51,466 Public services 549,478 (S22) 548,956 Economic development S3,257 32,103 832,812 918,172 Culture and recn:_atlon 552,816 119,118 671,934 Highway and streots 628,404 366,041 994,445 Social services 75,321 366,815 442,136 Debt Service Principal 1,054,757 298,494 506,426 S6S,719 2,425,396 Interest 238,056 430,355 473,841 1,142,252 Capital Ouday
66,622 m 14 536 14,172,676 Total Eltpenditures 5,2QZ,724 2!1-W. 1,72,221 (S22) 1,28,S43 Excess (deficiency of rovenucs over expenditures
S23 225,507 7 865 781 OTHER FINANCING SOURCltS (USES) 1nnsfCI1IO 395,000 395,000 Transfers Out {75,000) {75,000) Total other financ!na sources and uses {75,000) 320000 Net Chan& in Fund Balance 5,898,936 2,119,972 66,319 (50,477) 523 150,507 8,185,781 Fuod Balanc<:s - Beginning {4,853,499) - --J7S7,071J [628,283) (M37,a3J Fund Balances - Ending $ 1,045,437 384 1io s !320,752) s 3,3:4(),8&1 $ 645,997 {547,776) 1,548.197 The accompanying independent auditors' report and notes are an integral part of these financial statements 20 CITY OF LAUDERDALE LAKES, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION BUDGETARY COMPARISON SCHEDULE GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2012 Revenues: Ad Valorem Taxes Franchise Fees Utility Taxes Intergovernmental Charges for Services Licenses and Permits Fines and Forfeitures Interest Grants and Other Revenue Total Revenues Expenditures: Current: General Government: Mayor and Commission City Attorney City Clerk City Manager Finance and Information Technology General Administration Human Resources Boards Total General Government Public Safety: Police EMS (Fire Services) Total Public Safety Public Works: Maintenance Total Public Works Culture and Recreation: Social Services Programs Physical Environment: Community Development Total Physical Enviroment Debt Service: Principal Interest Capital Outlay: Total Expenditures Excess (Deficiency) of Revenues Over Expenditures FUND BALANCE- BEGINNING FUND BALANCE- ENDING ORIGINAL FINAL BUDGET BUDGET 6,461,457 6,625,000 2,602,151 2,665,891 1,794,360 1,801,860 2,956,101 2,922,248 569,120 464,344 260,000 150,000 292,306 225,000 5,000 5,000 809,108 783,000 15,749,603 15,642,343 294,831 343,236 296,640 225,000 224.712 220,339 365,010 331,028 521 ,317 566,449 2,871,117 2,212,032 171 ,810 152,159 16,500 15,500 4,761,937 4,065,742.99 5,916,168 6,076,168 2,200,000 2,200,000 8,116,168 8,276,168 1,905,043 1,703,624 1,905,043 1,703,624 677,031 799,032 84,574 84,598 204,850 68,650 204,850 68,650 -d 387,394 257,134 15,749,603 15,642,343 $ VARIANCE POSITIVE ACTUAL (NEGATIVE} 6,627,873 2,873 3,256,018 590,127 2,025.466 223,606 2,925,123 2,875 811 ,722 347,378 148,236 (1,764) 316,005 91,005 6,420 1,420 6,927,142 6,144,142 23,044,006 7,401,663 298,372 44,864 208,615 16,385 205,431 14,909 307,680 23,348 525,822 40,627 2,077,215 134,818 135,156 17,002 7,377 8,123 3,765,668 300,075 6,124,340 (48,172) 2,300,61 1 {100,611) 8,424,951 (148,783) 1,421,438 282,186 1,421,438 282,186 552,816 246,216 75,321 9,277 261,624 (192,974) 261 ,624 (192,974) 1,054,757 (667,363) 238,056 19,078 534,792 16,329,422 (152,287) 6,714,584 7,553,950 {4,853,500) 1,861,084 CITY OF LAUDERDALE LAKES, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION BUDGET COMPARISON SCHEDULE FIRE RESCUE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2012 VARIANCE ORIGINAL FINAL POSITIVE BUDGET BUDGET ACTUAL {NEGATIVE} Revenues: Special Assessments 4,128,181.00 4,128,181.00 4,077,294.57 (50,886.43) Charges for Services 612,781.00 612,781.00 297,982.66 (314,798.34) Investment Income Miscellaneous 200.00 200.00 21260,816.31 2,260,616.31 Total Revenues 4,741,162.00 4,741,162.00 6,636,093.54 1,894,931.54 Expenditures: Current Public Safety - Fire 4,600,000.00 4,606,094.00 4,514,577.55 91,516.45 Debt Service: Principal 37,532.00 31,438.00 936.00 30,502.00 Interest 3,630.00 3,630.00 608.70 3,021.30 Total Expenditures 4,641,162.00 4,641,162.00 4,516,122.25 1251039.75 Excess (Deficiency) of Revenues Over Expenditures 100,000.00 1001000.00 21119,971.29 1, 769,891.79 Other Financing Sources and (Uses) Administrative Fees 75,000.00 75,000.00 (75,000.00) Contingency 251000.00 25,000.00 !25,000.00) 100,000.00 100,000.00 (100,000.00) Excess of Revenues and Other Financing sources over Expenditures and Other uses: 2,119,971.29 1,869,891.79 ~ FUND BALANCE - BEGINNING (1, 735,562) FUND BALANCE- ENDING $ 384,409 - 4R- __ 1 : . ~ : . : . . _ _ __ _ Capital Lease CITY OF LAUDERDALE LAKES NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2012 The City entered into a capital lease agreement to purchase air-conditioning improvements and pay off the prior lease agreement covering lighting and air- conditioning equipment with Key Government Finance, Inc. as lessees for financing the air conditioning improvements. The lease agreement qualify as capital lease for accounting purposes and, therefore have been recorded at the present value of future lease payments as of the inception date with monthly payments of $5,767. Final payment is due May 28, 2014. The future (minimum) lease obligations and the net present value of capital lease payments as of September 30, 2012 are as follows: Fiscal Year Ending September 30, 2012 2013 2014 Total minimum future lease payments Less amount representing interest Present value of minimum lease payments Repayment Agreement Broward Sheriffs Office Police and Fire Services Amount 69,207 69,207 46,137 184,551 20,696 $ 163,855 During fiscal year 2011 the City renegotiated an agreement with the Broward Sheriffs Office (BSO) for police and fire services. The previous contract expired in 2009. The City has accepted BSO's claim of $1,523,736 which was derived from the increase of the contract billings for cost allocations and OUl er Post Employment Benefits (OPEB) charges; these costs were not included in the original contract. The City has entered into a five year repayment agreement for the outstanding obligation ue to BSO in the amount of $9,171,129. The total amount due represents repayment r services rendered and OPEB costs for the period from October 1, 2009 through eptember 30, 2011 . BSO will provide the breakdown of principle and applied interest and the resulting outstanding balance within 30 days of Fiscal Year close and provide a revised outstanding balance schedule which shall be deemed an amendment to the repayment agreement. Bi-Annual payments are made during January and July beginning in 2012 and continuing through 2016 based on the agreed upon payment for each fiscal year as adjusted for accrued and paid interest and the principle. 42 CITY OF LAUDERDALE LAKES, FLORIDA MANAGEMENT DISCUSSION AND ANALYSIS Financial Analysis of the City's Funds The City uses fund accounting to ensure and demonstrate compliance with the finance related legal requirements. Governmental Funds The purpose of the City's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources relative to the City's funding requirements. Unreserved fund balance serve as the most useful measure of the City's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported a combined ending fund balance of $4.5 million, an increase of $8.2 million in comparison with 2011. The City properly reclassified the outstanding obligation, to the Broward Sheriffs Office, (B to long tenn debt in accordance with the executed debt repayment agreement. The Fire Rescu fund revenues exceeded its expenditures by an increase of $2.1. The increase in overall revenues is due to the reclassification of the outstanding Broward Sheriffs Office obligation to long-term debt. During the fiscal year 2012, the City continued Community Development Block Grant programs. The City will aggressively pursue reimbursements from outside grant agencies for the expenditures of funds. The Community Redevelopment Agency (CRA) fund expenditures exceeded its revenues by $50,477. The CRA fund had a positive fund balance of $3.3 million for the fiscal year ended 2012. Note: that the CRA Fund budgets re-appropriated fund balance and anticipates use of fund balance during the fiscal year. The General Fund The General Fund is the City's primary operating fund and largest source of day-to-day service delivery. General tax revenues and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. General operating expenses, fixed charges and capital improvement costs not paid through other funds are paid from this fund. At the end of this reported fiscal year, the fund balance of the general fund was $1 million, compared to a fund balance deficit in the prior year. Of the $1 million in fund balance in the general fund, $125,621 of this amount is non-spendable leaving a $919,816 million in unassigned fund balance. General Fund Budgetary Highlights Since the City Administration did not recommend any material rev1s1ons to the original appropriations in the General Fund budget there is not a significant amount of information to highlight. The Budget and Actual Comparison schedule is provided in the Supplementary Information for the General Fund and Major Special Revenue Funds. The Budget and Actual Comparison Schedules show the original adopted budgets, the final revised budget, actual results and variance between the final budget and actual results for the General and Major Special Revenue Funds. After the original budget is approved, it may be revised for a variety of reasons such as foreseen circumstances, loan proceeds, new grant awards or other unanticipated revenues. The remainder of this page is intentionally left blank - 1 ') - LONG-TERM FINANCIAL PLAN As part of the need to provide financial stability to a weakening local economy, City Management developed a Five-Year Financial Plan. The financial plan serves as a valuable tool to assist the City Commission and City Management in making sound fiscal decisions particularly as it relates to the surmountable debt service. Most important, the City negotiated and executed mutually acceptable agreements with the Broward Sheriffs Office (BSO) for the following: (1) approximately $9 Million outstanding obligations covering FY201 0 disputed Other Post Employment Benefits {OPEB) balances and FY2011 police and fire rescue services costs and (2) new 5 Year City/BSO police and fire rescue services agreement at a reduced cost to accommodate the City's limited revenues. To date, the City continues to meet agreement and other requirements. The City also adopted financial goals and objectives by which to measure the City's overall performance and financial recovery from poor economic conditions. The City Commission and City Management continued to review and evaluate the budgetary line items and give consideration to the elimination or reduction of expenditures to halt the escalating debt accumulated in 2011. The City Administration must continue to make recommendations to immediately reduce and manage expenses across the board, including personnel costs and contractual services. In fiscal year 2012, the City maintained the increased level for charges for services to meet anticipated reductions in revenue. As noted in the FY 2011 Annual Report the City took extreme measures to minimize the financial crisis without jeopardizing critical City services. The result of the fiscal constraint implemented in FY 2011 and continued into FY 2012 by City Management can be seen in this September 30 year ended report. There was a significant positive change in City's financial condition although the City continues to have financial challenges. MAJOR INITIATIVES AND CAPITAL PROJECTS During fiscal year 2012, the City effectively dealt with its financial challenge. The achievements are as follows: Paid over $1 million to Broward Sheriff Office (BSO) for City/BSO Police and Fire Rescue Services Agreement to pay the City's outstanding debt obligations; Paid current BSO obligations in a timely basis; Provided monthly budget reports to keep the Mayor, City Commission, City Management and external stakeholders updated on the City's financial condition; Achieved a balance budget as of year ended September 30, 2012; Implemented the City's Five Year Financial Plan; and Implemented an agreement with Broward County for and or other governmental agencies to complete the construction phases for the followmg grant funded capital projects: Federally Funded Emergency Operations Center, CDBG/DRI Funded Alzheimer Care Center Improvement Project, CDGB/DRI Funded Mast Arm Traffic Signal Project, and Stormwater Canal Bank Stabilization Project. Vl CITY OF LAUDERDALE LAKES, FLORIDA MANAGEMENT DISCUSSION AND ANALYSIS --- -------------- Differences between the original budget and the final amended budget for the General Fund are summarized as follows: Revenues were decreased by $147,360 to account for decrease in state share revenue receipts. Expenditures were increased by $147,360 to reflect decreases in expenses to maintain a balanced budget. Capital assets: The City's investment in capital assets net of accumulated depreciation for its governmental and business-type activities as of September 30, 2012 amount to $52 million compared to $51 million from the previous year. Among the major projects completed are the Alzheimer's Care Center and the Mast Arms. The current CRA-related assets include the 20,000 square foot Library, the City's Educational & Cultural Center (2nd floor of the Library) and the acquisition of 22-acre land for future development. Additional information on the City's capital assets can be found in Note 5 starting on page 34 of this report. City of Lauderdale Lakes Capital Assets (In thousands) Governmental Activities Business Tme Activities Total 2012 2011
2011 2012 .!!U1 Land $ 17,700 $ 17,700 $ - $ - $ 17,700 $ 17,700 Construction in progress 2,733 13,307 2,733 13,307 Buildings 13,850 7,163 13,850 7,163 Machinery, Equipment and Vehicles 2,950 2,943 666 662 3,616 3,605 Infrastructure 28,878 23,937 4,631 4,519 33,509 28,456 Less accumulated depreciation 16,341 15,802 (2,833) 2,720 13,508 18,522 Total $ 49,770 $ 49,248 $ 2,464 $ 2,461 $ 57,900 $ 51,709 The remainder of this page is intentionally left blank - 1 - CI1Y OF LAUDERDALE LAKES, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FISCAL YEAR ENDED SEPTEMBER 30, 2012 Federal CFDA Federal Grantor/Pass-Through Grantor/Program 1itle Number U.S. Department of Housing and Urban Development Pass-Through Program from: State of Florida Department of Housing and Urban Development Passed through - Broward County CDBG Service Area 6- Mast Arms and Traffic Signals 14.228 CDBG Service Area 7- Alzheimers Center Hurricane Improvement Project 14.228 Community Development Block Grant -37th Year Senior Quality of Ufe 14.218 Community Development Block Grant - 37th Year Senior Transportation 14.218 Community Development Block Grant - 37th Year Youth Leadership Program 14.218 Community Development Block Grant- 37th Year Minor Home Repair 14.218 Subtotal in-direct programs Total U.S. Department of Housing and Urban Development U.S. Department of Health and Human Services Pass-Through Program from: State of Florida Passed through - Broward County Special Programs for the Aging, Trtle 111-B Grants for Supportive Services and Senior Centers 93.044 Total U.S. Department of Health and Human Services U.S. Department of Agriculture Pass-Through Program from: Florida Department of Agricuhure Summer Food Program 10.559 Total U.S. Department of Agriculture Total Expenditures of Federal Awards Pass-Through Entity Identifying Federal Federal Number Expenditures Award 08-DB-D3-11-1 lHl 1-A06 500,000 500,000 08-DB-D3-11-1 EH>1-A06 625,000 625,000 B-09-UC-12-001 18,005 18,162 B-09-UC-12-001 45,082 49,712 B-09-UC-12-001 12,668 12,508 B-09-UC-12-001 322,733 75 755 403,115 1,200,755 1,528,115 JA010-25-2012 52,055 52,055 52,055 52 055 04-0176 15,113 12,288 15,113 12,288 $ 1,267,924 1,592,458 CITY OF LAUDERDALE LAKES, FLORIDA Summary Schedule of Findings and Questioned Costs For the Year Ended September 30,2012 SECTION I - SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of Auditors' report issued: Internal control over financial reporting: Material weakness(es) identified? Significant deficiency(ies) identified that are Not considered to be material weakness(es)? Noncompliance material to financial statements noted? Federal Awards Internal control over programs: Material weakness(es) identified? Significant deficiency{ies) identified that are Not considered to be material weakness(es)? Type of auditors' report issued on compliance for major federal programs and state projects: Any audit findings disclosed that are required to be reported in accordance with section 5IO(a) ofOMB Circular A-133? Identification of major programs: Federal Program Federal Programs Community Development Block Grant Community Development Block Grant Dollar threshold used to distinguish between Type A and Type B Federal Programs: $300,000 Auditee qualified as low-risk auditee for federal a\\'ard programs? Unqualified X No Yes X No --- _Yes X No _Yes X No _Yes X No Unqualified YesJ_No Federal CFDA 14.218 14.228 _YesJ_No ---- SECTION II - FINANCIAL STATEMENT FINDINGS SIGNIFICANT DEFICIENCIES 2012-01 Year End Closing Entries Condition We noted during the cour se of the audit that balance sheet accounts which include accru ed liabilities, capital assets and due to/from in all funds reflected on the respective trial balances were not properly reconciled to reflect the approptiate balances as of year-end. Criteria Prudent policies include a for mal closing process with supervisory Finance D epartment personnel being responsible for the reYiev. and evaluation of transactions and balances recorded. Cause The cause of the conditions is the lack of a formal cl osing process which i ncorporates a thorough review by finance personnel. Effect Formal closing procedures includes the following: reve rsing prior years accmals, d eterrnination that all transactions have been recorded and posted, reconcili ng general ledger acco unts with subsidiary ledgers and making necessary adjustments, mnning/print ing year-end reports in order to have a record of historical transactions for the year (they will be useful dming the audit), etc. Lack of the implementation of these procedures may result in misstatements in the fmancial statements. Recommendation The City should consider developing formal y ear end closing procedures. These procedures should include timetables outlining appropriate due dates and instructi ons for schedules that should be prepared. The closing procedures should be documented in a formal checklist that indicates the indiYidual responsible for the task, when it is due to be co mpleted and when it is accomplished. We believe that a review and evaluation of transactions recorded at year end should be performed to ensure the validity of amounts recorded, as well as reduce audit time. The implementation of formal procedures will reduce tl1e need for numerous adjustments to financial records during the audit process, delay in the preparation of financial reports needed by management and the auditors. . - ~ VJeW of Responsible Officials and Planned Corrective Actions. Management accepts the finding and reco mmendation. Management will establish procedures in the current period to address the following issues: ..., The City will continue to strengthen its fmm al year end closing processes and procedures, which incorporate a thorough review of all accounts to ensure all transactions have been recorded and reconciled in a proper manner and timeframe. )- The year-end closing process ,-,.ill include timelines and checklists for the Financial Services Depattment. The new process will r equire the timely recording of year-end closing entries into the City 's Financial Accounting System. The City will endeavor to upgrade the City's Financial Accounting System and conduct employee training to ensure a more efficient and effective year-end financial reporting process -63- . '\ SECTION ll- FINANCIAL STATEMENT FINDINGS (CONTINUED) SIGNIFICANT DEFICIENCIES (CONTINUED) 2012-02 Bank Reconciliations Condition During the course of the audit \Ve noted the City did not reconcile its pooled cash bank account proper! y nor was it completed in a timely manner. Not reconciling the accounts on a monthly basis means that enors or other problems might not be recognized and resolved on a tim ely basis. We also noted an unreconciled difference of approximately $125,000. This difference was corrected by the City after the fiscal year end. Criteria Timely preparation of complete and accurate bank reconc iliations is a key to maintaining adequate control over both cash receipts and disbursem ents. Bank accounts should be reconciled on am onthly basis which would proYidc management a useful tool to monitorthe City' s cash position. The purpose of the bank reconciliation is to prevent and detect errors or misappropriation of assets. Cause The monthly bank reconciliations were not prepared timely or properly and reviewed by management. Effect The City is susceptible to the concealment of misappropriation of cash assets and risk of misstatement of cash or reconciling items. Recommendation We recommend that all bank accounts be reconciled and reviev-.ed each month prior to preparation of the monthly financial statemen.ts. The review s hould include tests of mechanical accuracy and tracing of item s on the reconciliation to the relevant sour ce documents. The composition of unreconciled differences should be determined and followed up on, and any journal entries deemed necessary as a result be recorded. " I View of Responsible Officials and Planned Corrective Actions Management accepts the finding and recommendation. Management "ill establish procedures in the current period to address the following issues: ' The Financial Services Department will continue to enhance its bank reconciliation procedures to include timelines and checklists. ' The timely completion of bank reconciliations will be prioritized and incorporated into the Financial Sen ices Director and Financial Services Manager' s regular responsibilities, position descriptions and performance evaluations. ' The Financial Services Director and/or designee "ill ensure the timely completion and accuracy of the bank reconciliations on a monthly basis. -64- SECTION IT-FINANCIAL STATEMENT FINDINGS (CONTINUED) 2012-03 Disaster Recovery Plan Condition During the course of our audit, we inquired offmance personnel regarding the City' s disaster recovery plan. The City should have a plan in place that would protect the financial data and se curity information in the case of a natural disaster. Criteria Florida is especially susceptible to natural disasters i n the form of hurricanes and t omados. The staff should be trained and backups to financial data and securit y systems made on a re gular basis. Back ups should be maintained offsite. Cause The personnel knew that there was a plan, but did not know any details related to how it should work. There were no drills or training to keep employt:t:s aware of the pro cedurt:s. Personnel wt:re not a wart: of any details of the disaster recovery plan and the backups were maintained on site. Effect Without an appropriate disaster recoYery plan in effect, the City would be extremely hindered in their efforts to get their senices up and running as so on as possible for its residents. The City would have lost the ability to prO\ ide funds, purchase orders and other required documents to effectively account for and manage the recovery process. Recommendation A disaster recovery plan should be formally adopted, written and included with the employees' handbook I materials to include regular and consistent backups of financial data with a copy of those backups stored offsite. There should also be an e stablishment of all security protocols required for both the backup and the recovery procedures. Staff should be trainl!d on a regular and consisttmt basis regarding t:ach of their responsibilities in the case of a disaster. The City should consider conducting a drill oftthe disaster recoYery plan at least once a year. View of Responsible Officials and Planned Corrective Actions Management accepts the finding and recommendation. Management \\ill establish procedures in the current period to address the following issues: ' The Financial Services Department will update the City' s Disaster Preparedness and Recovery Plan. -, The City will conduct any required employee training. The employee training sessions will be conducted for the Financial Services Department and Other Departments as needed. -, The City will continue to enhance its security protocols, back up and the recovery procedures. - 65 - .... SECTION II- FINANCIAL STATEMENT FINDINGS (CONTINUED) SIGNIFICANT DEFICIENCIES (CONTINUED) 2012-04 Accounts Receivable Condition We noted during the course of the audit that accounts receivable balances were not properly reconciled to reflect the appropriate balances as of year-end. Criteria Prudent policies include a for mal closing process with supervisory Finance D epartment personnel being responsible for the review and eYaluati on of transactions and balances recorded. The re\iew would include, at a minimum, preparing a detailed aged accounts receivable ledger, revie\\ing balances for consideration for writ e off, or for an adjustment to the allowance for doubtf ul accounts and following up with collection procedures to make sure appropriate measures are being taken on overdue accounts. Cause The cause of the conditions is the lack of a formal cl osing process which i ncorporates a thorough review by finance personnel. Effect Formal closing procedures includes the following: determination that all transactions have been recorded and posted, reconciling general kdger accounts with subsidiar y ledgers or schedules and m aking necessary adjustments, running/printing year-end reports in order to haYe a record of hi storical transactions for they ear (they will be useful during the audit), etc. L ack of the i mplementation of these procedures may result in misstatements in the financial statements preventing proper management consideration for those balances. Recommendation The City should consider developing formal accounts receiYable interim and year end closing procedures. These procedures should include timetables outlining appropriate due dates and instructions for schedules that should be prepared. The closing procedures should be docu mented in a form al checklist that indicates the individual responsible for the task, when it is due to be completed and \\hsr it is accomplished. We believe that a review and evaluation of transactions recorded at year end should be performed to ensure the validity of amounts recorded, as vvell as redu ce audit time. The im plementation of form al procedures will reduce the need for numerous adjustments to financial records during the audit process, delay in the preparation of financial reports needed by management and the auditors. View of Responsible Officials and Planned Corrective Actions Management accepts the fmding and recommendation. Management will establish procedures in the current period to address the following issues: -,. The City will continue to strengthen its accounts receivable year-end closing processes and procedures, which incorporates a thorough review of all accounts to ensure all transactions haYe been properly recorded and reconciled in a proper timeframe. - 66- 4" SECTION II- FINANCIAL STATEMENT FINDINGS (CONTINUED) SIGNIFICANT DEFICIENCIES (CONTINUED) 2012-05 Accounts Payable Condition We noted during the course of the audit that accounts payable balances were not properly reconciled to reflect the appropriate balances as of year-end. Criteria Prudent policies include a for mal closing process with supervisory Finance D epartment personnel being responsible for the review and eYaluati on of transactions and balances r ecorded. The reYiew would include, at a minimwn, preparing a detailed aged accounts pa yable ledger, reviewing balances for consi deration for review with the ven dor, or for an adjust ment to the appropriate accounts and follov.ing up with vendor requests concerning payment to make sure appropriate measures related to processing are being taken on invoices and the related accounting recognition procedures. Cause The cause of the conditions is the lack of a formal cl osing process which i ncorporates a thorough review by finance personnel. Effect Formal closing procedures includes the following: determination that all transactions have been recorded and posted, reconciling general ledger accounts with subsidiar y ledgers or schedules and m aking necessary adjustments, mnning/printing year-end reports in order to haYe a record of hi storical transactions for they ear (they will be useful during the audit), etc. L ack of the i mplementation of these procedures may result in misstatements in the financial statements preventing proper management consideration for those balances. Recommendation The City should consider developing o r m ~ accounts payable interim and year end closing procedures. These procedures should include timetables outlining appropriate due dates and instructions for schedules that should be prepared. The closing procedures should be docu mented in a form al checklist that indicates the individual responsible for the task, when it is due to be completed and wheh it is accomplished. We believe that a review and evaluation of transactions recorded at year end should be performed to ensure the validity of amounts recorded, as well as redu ce audit time. The im plementation of form al procedures will reduce the need for numerous adjustments to financial records during the audit process, delay in the preparation of financial reports nee ded by management and the auditors. View of Responsible Officials and Planned Corrective Actions Management accepts the finding and recommendation. Management will establish procedures in the current period to address the following issues: ,. The City will continue to strengthen its accounts payable year-end closing processes and procedures, which incorporates a thorough review of all accounts to ensure all transactions haYe been properly recorded and reconciled in a proper timeframe. - 68- SECTION ll- FINANCIAL STATEMENT FINDINGS (CONTINUED) SIGNIFICANT DEFICIENCIES (CONTINUED) 20U-06 Grant review processes Condition We noted during the course of the audit that the City as a sub-recipient for two federal grant awards was not properly reconciling and recording the grant activity to reflect the appropriate balances as of year-end. Criteria Prudent policies include a formal review process by supe rvisory Finance Department personnel responsible for the recognition of grants, contracts and agreements . The review would include, at a minimum, a determination of the reporting and subm ission requirements, expenditure limitations, responsibilities the City is to be held accountable for and the preparation of a schedule of expenditures of federal awards. Cause The cause of the condition is the lack of a formal review process for grants, contracts and agreements which is required of finance personnel in order to properly record the effects in the records for the City. Effect The recognition of federal grant award s includes the folio wing: determination that all transactions have been recorded and posted correctly , all transactions meet the limitations expressed in the grant agreem ent, amounts reconcile to the general I edger grant fund accounts with all related schedules for making necessary adjustments, running/printing year-end reports in order to have a record of historical transactions forth e year {they will be useful during the audit), the preparation of the schedule of expenditures of federal awards, etc. Lack of the implementation of these procedures may result in misst atements in the fma ncial statements preventing proper management consideration for those balances and any related grant compliance issues. Recommendation The City should consider developing a formal system of grant, contracts and agreements review procedures. These procedures should include ti me tables outlining appropriate due dates and instructions for sched ules that should be prepared and a detail listing of all compliance requirements. The procedures should be documented in a " t formal checklist that indicates the individual responsible for the task, when it is due to be completed and when it is accomplished. Additionally, staff should be assigned the task of preparing the preliminary data required for the schedule of e)l:penditures of federal awards. Web elieve that an additional review and evaluation of grants, contracts and agreements at year end should be performed to ensure the validity of amounts recorded, as well as reduce the time for completion of the audit. The i mplementation of formal procedures will reduce the need for numerous adjustments to financial reco rds during the audit process and delay s in the preparation of financial reports needed by management and the auditors. View of Responsible Officials and Planned Corrective Actions Management accepts the fmding and recommendation. Management will establish procedures in the current period to address the following issues: -70- ;... The City will develop a grant review process which will incmporate a thorough review of all grant requirements that will outline appropriate due dates and instructions for grant required schedules . ., The grant review year-end process will include time lines and checklists for the Financial Setvices Department and ensure accuracy of data recorded in the City' s Financial Accounting System. -, The new process will require that staff timely prepare the preliminary data need to comply with grant audit requirements . .., The timely grant review process will be prioritized and incorporated into the Financial Services Director and Financial Services Analyst's regular responsibilities, position description and performance evaluation . .., The City will endeavor to upgrade the City' s Financial Accounting System and conduct employee training to ensure a more efficient and effective grant re\.iew year-end financial reporting process. - 71 - r-------------------------------------------------------------- Municode Page 1 of 1 Section 3.17.- Ordinances and resolutions. "Ordinance" means an official, legislative action of the city commission which action is a regulation of general and permanent nature and enforceable as a local law. A "resolution" is an expression of the city commission on matters of official concern, opinion or administration, of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. (1) Form. Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act, section, subsection or paragraph of a section or subsection. (2) Procedure. The proposed ordinance shall be read in full on the first reading, and by title or in full on the second reading on at least two (2) separate dates, at either regular or special meetings of the city commission; provided, however, upon the affirmative vote of five (5) members of the city commission, the necessity that the ordinance be read in full on the first reading may be waived. At least eight (8) days prior to the second reading, a proposed ordinance shall be advertised at least once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time and place or places within the city where such proposed ordinance may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard With respect to the proposed ordinance. (3) Effective date. Each ordinance shall become effective on the date specified therein; provided that in the absence of such designation in an ordinance, such ordinance shall become effective on the tenth business day subsequent to its adoption. (4) Action requiring an ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the city commission shall be by ordinance which: (a) Adopt or amend an administrative code, or establish, alter or abolish any city department or agency; (b) Establish a rule or regulation the violation which carries a penalty; (c) Levy taxes authorized by general law; (d) Grant, renew or extend a franchise; (e) Set service or user charges for municipal services of [or] granting administrative authority for such charges; (f) Authorize the borrowing of money not inconsistent with the limitations in the Constitution and general law of the state; (g) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the city; (h) Amend or repeal any ordinance previously adopted. (Prop. No. 1, 11-2-1982; Ord. No. 97-23, 1-13-1998) http:/ /library .municode.com/print.aspx?h=&clientiD= 19971&HTMRequest=http%3a%2fO/o.. . 6/9/2013