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Home My WebLink About11/12/2008 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 NOVEMBER 12, 2008 CITY COUNCIL MEETING AGENDA 1. STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. Review of "No DISCUSSION" Items listed below - (Items for November 19 Council Meeting) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB08-241) 6. GENERAL BUSINESS A. Ordinance No. 5065, amending Bremerton Municipal Code Chapter 3.50 and increasing Utility Taxes for Water, Wastewater, and Stormwater Utilities (#AB08-242) 7. PUBLIC HEARINGS A. Public Hearing on Revenue Sources for the 2009 Budget; and Ordinance No. 5066, levying Property Taxes for collection in 2009 (#AB08-243) 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603. Please note that the Study Session is open to the public but there will be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change... A. NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action... 1. Acceptance of COPS Universal Hiring Program 2008 Grant Award - Police Chief Craig Rogers; and Brad Gehring, Public Safety & Parks Committee Chair 2. Acceptance of 2008 Bulletproof Vest Partnership Grant - Police Chief Craig Rogers; and, Brad Gehring, Public Safety & Parks Committee Chair 3. Proposed Resolution temporarily extending Cable Television System Franchise with WAVE- DIVISION HOLDINGS LLC - Carol Etgen, City Clerk; and, Nick Wofford, Finance Committee Chair 4. Proposed Ordinance amending Bremerton Municipal Code Chapter 13.04.060 relating to "Discharging Firearms in City Parks" in order to comply with RCW 9.41.300 - Ken Bagwell, Assistant City Attorney Continued on back... II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. w.,. I" ~ . i t.. -'" , ..,,......... A. NO DISCUSSION PLANNED - Continued... 5. Approval of Letters of Engagement with MORRIS & TARADAY, P.C. and GORDON DERR for Legal Representation - Roger Lubovich, City Attorney 6. Contract Award to CONSTRUCT Co for the Cambrian Avenue Sewer Replacement Project - Michael Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair 7. Approval of Professional Engineering Services Agreement with CAMP DRESSER & McKEE to Perform a Biogas Vehicle Fuel Study - Phil Williams, Public Works & Utilities Director; and Cecil McConnell, Public Works Committee Chair 8. Proposed Ordinance amending Bremerton Municipal Code Chapter 3.01 and amending Rates and Fees for 2009 - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair (This item was discussed at the Budget Workshop on October 29...J B. FULL DISCUSSION ITEMS 9. Proposed Ordinance amending Bremerton Municipal Code Chapter 15.06 and adopting 2009 Utility Rates and General Facilities Charges - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair (This item was discussed at the Budget Workshop on November 10...J 10. Proposed Ordinance approving the Voluntary Separation and Reduced Work Week Program - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair 11. Proposed Resolution approving a change in hours of public access to City offices - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: 11/12/2008 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL AB08-241 5A ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: November 12,2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. A TT ACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: --tU~ ~ . CONSENT AGENDA [8J GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: 1) Check #'s 328276 through 328290 and EFT's 8271 through 8279 in the amount of$I,672,113.80. 2) Regular Payroll for the pay period ending October 31, 2008 in the amount of $843,518.14. COUNCIL ACTION: [8J Approve 0 Deny 0 Table o Continue 0 No Action DA TE SUBMITTED: October 27,2008 BILL # 08 - d. ~3... AGENDA BILL CITY OF BREMERTON , A CITY COUNCIL ........................................................................................ No.50bS" SUBJECT: Ordinance amencfing Chapter 3.50 of the BMC increasing utility taxes for water, wastewater, and stormwater utilities Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 29, 2008 November Id-. 2008 Financial Services Laura Lyon 473-5722 SUMMARY: The proposed ordinance increases the utility tax rate for Water, Wastewater, and Stormwater from 8.5% to 9.5%. This brings the tax rate for City owned utilities in line with the Solid Waste utility tax rate while also providing additional revenue support for the City's general governmental operations. ATTACHMENTS: Ordinance ND. S-Ob5 FISCAL IMPACTS (Include Budgeted Amount): The proposed 2009 budget anticipates utility tax revenues from Water, Wastewater, and Stormwater based on this action. The 1 % increase provides estimated additional revenue of $250,429 in 2009 to the General Fund. COMMITTEE CHAIR COUNCIL PRESIDENT: APPROV ALS: DEPARTMENT DIRECTOR' CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA 0 GENERAL BUSINESS ~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve Ordinance No. 50h~ amending Chapter 3.50 of the Bremerton Municipal Code relating to utility taxes for water, wastewater, and stormwater utilities. ~ Wl~~ S\k\;'-Sw\bV\. (i). ) . COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 50la~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.50 of the Bremerton Municipal Code relating to utility taxes increasing the tax for water, wastewater, and stormwater utilities. WHEREAS, the City Council desires to increase the taxes for water, wastewater, and stormwater utilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.50.050 of the Bremerton Municipal Code entitled "Persons Subject to Tax - Amount" relating to utility taxes is hereby amended to read as follows: 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in business within the City, a fee or tax to be collected as follows: (a) Gas. Upon every person engaging in the business of transmitting, distributing or the selling of manufactured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to eight and one half (8.5)nine and one half (9.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of providing water utility service includes the "gross income from timber sales" ofthe utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to eight and one half (8.5)nine and one half (9.5) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to eight and one half (8.5)nine and one half (9.5) percent ofthe total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as television cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (f) Solid waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or selling electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. 2009 Utility Taxes (h) Telephone. Upon every person engaged in carrying on a telephone business for hire or for sale of a commodity or a service within or partly within the corporate limits of the City, a tax for the privilege of so doing business a tax equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitutions of the United States or the State of Washington. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale.! (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt ofa customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellular telephone service companies which keep their regular books of account on an accrual basis, for cash discounts and credit losses actually sustained by a taxpayer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. (ii) Roaming phones. When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. . i,J~5 4i) D"Mr+~MM1:..l..- L, lTlJ t _ ]ILC__ aWi'11___ ' 'if II' Se.l..tl0n d- I'~J ~fl..~ {JL-"".~ U:<"~~bL [~__I JIll ',!,:""f I t9:t.l ~~udL...[.",,~w it- -I' .. 'tl -~ it'\d\.t.JeJ lilT J .:lJ L _f iL" ..tv!'" ~v~h_'l iI ~ ..l l V\ (X'roY' ~ A. €)/v\o V SECTION 2. Referendum Procedure. Pursuant to RCW 35.21.706, the tax increase set forth in this ordinance is subject to a referendum procedure to apply to an ordinance increasing the rate of the tax. A referendum petition may be filed within seven days of passage of the ordinance with the City Clerk. Within ten days, the City Clerk shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the designated local official. The petitioner shall have thirty days in which to secure the signatures of not less than fifteen percent of the registered voters ofthe city, as of the last municipal general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sutliciency of the signatures on the petition and, if sutlicient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260(2). 2 2009 Utility Taxes This referendum procedure shall be exclusive in all instances for any city ordinance imposing a business and occupation tax or increasing the rate of the tax and shall supersede the procedures provided under chapters 35.17 and 35A.l1 RCW and all other statutory or charter provisions for initiative or referendum which might otherwise apply. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Lt::gal\Legal\Ordinanc~s\Financt::\2009 Rate Tablcs\2009 Utility Taxes BMC 3.50.050.doc 3 2009 Utility Taxes DATE SUBMITTED: October 27, 2008 BILL # 08 - ;u{l AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A .......... .~~~;I~t-. .1.rea.......; Clrd. N"o~ ~............................................... SUBJECT: Ordinance esta~ng the Committee Meeting Date: October 29, 2008 property tax levy for collection in 2009 COUNCIL MEETING Date: November 19,2008 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: The City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. ATTACHMENTS: Ordinance No. Sc~ FISCAL IMPACTS (Include Budgeted Amount): The proposed 2009 budget anticipates property tax revenues based on this action. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to approve Ordinance No. 50"-<0 levying property taxes for collection in 2009. COUNCIL ACTION: D Approve D Deny D Table o Continue 0 No Action ORDINANCE NO. 50l,b AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2009 by taxation on the assessed valuation of taxable propeliy within the City limits of Bremelion and setting the propeliy levy rate. WHEREAS, the City Council of the City of Bremerton attest that the population of the City of Bremerton for 2008 is 36,860; and 'WHEREAS, the City Council of the City of Bremerton has properly given notice of the public hearing held on November 12, 2008, to consider the City's revenue sources for the City's General Fund budget; and WHEREAS, the City Council of the City of Bremerton after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which includes an increase in property tax revenue from the previous year, and amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property and all allowable levies, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy is hereby authorized for the 2009 levy in the amount of$58,811, which is a percentage increase of 1.0% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value or state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 2. That an increase in the EMS property tax levy is hereby authorized for the 2009 levy to the maximum allowable of fifty cents ($0.50) per thousand dollars ($1,000) of assessed valuation, as voted and approved by the registered voters of the City of Bremerton, on the August 19, 2008 Ballot. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value or state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 3. That a property tax levy for debt redemption of the 2002 Public Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2009 at a rate sufficient to provide $887,700 needed to meet debt service obligations in 2009. 1 2009 PropertyTa.'( SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion ofthis Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Legal\Legal\Ordinances\Finance\2009 Property Taxes.ord.doc 2 2009 Property Tax