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Home My WebLink About04/01/2009 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 D Phone (360) 473-5280 APRIL 1, 2009 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register (#AB09-065) B. Minutes of Meeting - March 18, 2009 (#AB09-066) C. Minutes of Study Session - March 25, 2009 (#AB09-067) D. Reappointment of John Cockburn to the Planning Commission (#AB09-068) 6. GENERAL BUSINESS A. COPS Hiring Recovery Program (CHRP) 2009 Grant Application (#AB09-069) B. Ordinance No. 5078, amending Chapter 3.50 of the Bremerton Municipal Code (relating to utility taxes for water, wastewater, and stormwater utilities) to add an additional payment in lieu of tax fee for 2009 (#AB09-070) C. Ordinance No. 5079, amending Ordinance No. 5071, which adopted the Fiscal Year 2009 Budget; and authorize the transfer of $1-million of excess Vehicle Reserve Funds from the Equipment Rental and Reserve (ERR) Fund (#AB09-071) 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING fI 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 SUBMITfED: 4/1/2009 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL AB-09-065 ~A ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: April 1, 2009 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CUMMITTEE CHAIR COUNCIL PRESIDENT: ~~~~4 CONSENT AGENDA [3J GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1. Check #'s 330678 through 330677 and EFT's 8621 through 8661 in the amount of $2,481,469.49. 2. Regular Payroll for the pay period ending March 15, 2009 in the amount of $729,417.77. 3. Retiree Payroll for the pay period ending March 31,2009 in the amount of$88,852.12. COUNCIL ACTION: ~ Approve 0 Deny 0 Table D Continue D No Action DATE SUBMITTED: BILL # 09 - OCo0 AGENDA BILL CITY OF BREMER TON CITY COUNCIL 56 ........................................................................................ N/A Itpr:LJ, :2ooq City Council Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held 1V\a.Y'Gk l g I .2-aoCf. SUBJECT: City Council Meeting Minutes for meeting of 1Y\a.~ch l ~ I .2..00 q Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: ATTACHMENTS: Meeting Minutes for M ~ V' ~ ICO 2-00'1 I FISCAL IMP ACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~/;y~~;) CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 18,2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 18, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Council Assistant Christine Grenier. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle. MA VOR'S REPORT - There was no Mayor's Report tonight. . . PUBLIC RECOGNITION & ANNOUNCEMENTS Roy Runyon announced that Kitsap Regional Coordinating Council (KRCC) and Kitsap Economic Development Alliance (KEDA) will be hosting a Local Government Procurement Workshop on Thursday, March 19 from 1 :30 to 4:30 in the 5th Floor Washington State University Extension Training Room located. Please contact Vicky Clarke at (360) 377-4900 for more information. Carol Arends mentioned that the USS Ranger Association has not only donated new carpet, but was sending a group of 20 to 25 volunteers from the Association to Bremerton to install the carpet in the Gift Shop of the USS Turner Joy. In an effort to thank them, the Bremerton Historic Ships Association has planned a barbecue lunch and dinner so if anyone is available on Saturday, March 21st and if anyone would like to volunteer as a cook, their efforts would be very much appreciated. Adam Brockus announced the next District 3 Community Meeting would be held on Tuesday, March 31 from 7:00 to 8:00 PM at the Bremerton Senior Center located at East 13th Street & Nipsic Avenue, and that the meeting will be an open forum and people are welcome to bring their questions or concerns. He was also pleased to announce that he would seek re-election to a second term as Council Member representing District 3. Cecil McConnell reported that BKA T is currently not on the air but is working with Comcast to resolve some technical difficulties. He further announced that tonight's Council Meeting will be broadcast live but will not be re-broadcast. Regular re-broadcasts should resume by Friday. CONSENT AGENDA A. Check Numbers 330272 through 330677; and EFT-8579 through EFT-8620 in the amount of $2,853,802.60; and Regular Payroll in the amount of $716,750.49 for the pay period ending February 28, 2009 (#AB09-058) B. Minutes of Meeting - March 4, 2009 (#AB09-059) C. Minutes of Study Session - March 11, 2009 (#AB09-060) D. Reappointment of Holly James and Ryan Rydalch to the Lodging Tax Advisory Committee (#AB09-061 ) E. Professional Services Agreement with ElMS & FLYNN, P.S. for Workers Compensation related Legal Services (#AB09-062) F. Purchase of Ford F450 Cab and Chassis from Columbia Ford of Longview, WA (per State Contract) (#AB09-063) City Gouncil Reg. Mtg. Minutes Wednesday, March 18,2009 Page 2 of 2 G. Purchase of three (3) Chevrolet % ton Pickup Trucks from Bud Clary Chevrolet of Longview, WA (per State Contract) (#AB09-064) There were no questions or comments from the public.. . 5:36:58 M/S/C/U (ArendslWofford) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS - There were no General Business items tonight... COUNCIL MEMBER REPORTS Nick Wofford mentioned he received an unsigned letter with several incorrect facts. First, he clarified that the Council held their recent Work Session in the Council Conference Room and did not travel outside the City limits; and secondly, the City does put purchases out to bid, which includes local companies and dealerships but the price quotes provided recently by the state contract offered cost savings. Lastly, he encouraged the anonymous citizen to feel free to contact him to resolve any other concerns. Carol Arends reported on the Kitsap Transit Board and CenCom Executive Board meetings she attended this week. Mike Shepherd announced that on this Sunday there will be a flag lowering ceremony at the Girl Scout Hall located at the corner of Warren Avenue & 11th Street; met with representatives of the Farmers Market; and will be helping coordinate Earth Day activities on April 25. People who would like to volunteer may contact Mike at (360) 731-3791 or (360) 473-5280. Roy Runyon called for business leaders to help the community retain ferry service since it is quite possible that a ferry run will be lost. People who would like to participate or help lobby for the ferries may visit the website at www.ferrvwatch.com. Adam Brockus thanked the residents and stakeholders who attended the Manette Sub-Area Plan workshop on Monday night and hoped that the plan will be finalized lat~r this month; and reiterated his intent to run for re-election. Brad Gehrina would like to see the USS TURNER JOY continue to be successful, and to see the community offer its support. He also commented that the City's bid process is competitive but would like to see more support of local businesses. With no further business, President McConnell adjourned the Council Meeting at 5:48 PM. Prepared and Submitted by: a;yt--~ 4".--",,_ CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg / DATE SUBMITTED: BILL # 0 '1- 067 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C ........................................................................................ N/A April 1 I .200C:Y CIty Council Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held Ma.r ~l1 '- 5, ;2..00 q SUBJECT: City Council Meeting Minutes for meeting of Mo.r-eh 25, 1.ooq Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: ATTACHMENTS: Meeting Minutes for MoJ"ch :z.S; ;1.00 'l FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~J;/:.~tI CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 25, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, March 25, 2009, at 5:00 PM, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, and Adam Brockus. Council Members Brad Gehring and Will Maupin were absent. Legislative Assistant Lori Smith was present to provide staff support. President McConnell announced that the Study Session was open to the public, but there would be no opportunities for input or participation, that no action will be taken, and the content of these items is subject to change. He further explained that the planned presentation on "Local Historical Preservation" by Megan Duvall, Certified Local Government Coordinator with the Washington State Department of Archeology & Historic Preservation, would be postponed until late April. A. NON DISCUSSION ITEM 1. Reappointment of John Cockburn to the Planning Commission (Consent Agenda) B. FULL DISCUSSION ITEMS 1. Update on City's Financial Status - Andy Parks, Finance Director (Information Only) 2. Authorizing the Mayor to submit a COPS Hiring Recovery Program (CHRP) Grant Application - Andy Parks, Finance Director; and Nick Wofford, Finance Committee Chair General Business 3. Authorizing Transfer from Equipment Replacement and Reserve (ERR) Fund to General Fund - Andy Parks, Finance Director; and Nick Wofford, Finance Committee Chair General Business 4. Proposed ordinance and increase to PILOT on City Utilities - Andy Parks, Finance Director; and Nick Wofford, Finance Committee Chair General Business 5. Proposed ordinance to amend the 2009 Budget - Andy Parks, Finance Director; and Nick Wofford, Finance Committee Chair General Business C. GENERAL COUNCIL BUSINESS Adam Brockus briefed the Council about a recent trip to Olympia with Nick Wofford to meet with Legislators regarding funding for ferries; and President McConnell announced that due to the current budget crisis of the City, only the registration fee would be paid for any Council Member deciding to attend the 2009 AWC Annual Conference in June, and that each Council Member would be responsible to pay for all their other expenses. With no further business to discuss, President McConnell adjourned the Study Session at 6:15 PM. ~re red and Submitted by: ~SW/h t RI SMITH 0 Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMITTED: March 24,2009 BILL # 09-068 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6b ........................................................................................ SUBJECT: Reappointment to the Planning Commission Committee Meeting Date: March 25, 2009 COUNCIL MEETING Date: April 1 , 2009 Department: Executive Presenter: Mayor Bozeman Phone: 473-5266 SUMMARY: John Cockburn's term on the Planning Commission expires in April. It is recommended he be reappointed to another term ending December 31,2012. ATTACHMENTS: Application for reappointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~1~(,b:~ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to confirm the reappointment of John Cockburn to the Planning Commission. ' COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: March 18, 2009 BILL # OQ-oro9 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ftJA ........................................................................................ SUBJECT: COPS Hiring Recovery Program (CHRP) 2009 Grant Award Committee Meeting Date: March 25, 2009 COUNCIL MEETING Date: April I , 2009 Department: Financial Services Presenter: Andy Parks Phone: 473-5224 SUMMARY: The COPS Hiring Recovery Program 2009 grant award allows the Police Department and City to create and preserve jobs and increase their community policing capacity and crime prevention efforts. There is no local match required in year on and grant funding is based on current entry-level salary and benefits packages. The City requests permission to apply for $900,000 to provide funding to maintain four police officer positions. The City is expected to fully provide funding for the additional costs associated with increases in salary and benefits after year one and fund the positions for one year at the completion ofthe grant period in 2012. ATTACHMENTS: Budget summary to be determined. FISCAL IMPACTS (Include Budgeted Amount): Estimated total cost of filling and keeping the four 2009 positions for four years is $1,352,000 ($300K, $324K, $350K, $378K including step increases and 3% CPI adjustments). The total requested funding is $900,000 under the CHRP grant. COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS PUBLIC HEARING D APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: RECOMMENDED MOTION: Move to authorize the Mayor to execute and submit the 2009 COPS Hiring Recovery Program grant. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COPS Office: Nonsupplanting F AQs Page 1 of 5 COPS Office of Community Oriented Policing Services U.S. Department of Justice Nonsupplanting Frequently Asked Questions Nonsupplanting Scenarios I Nonsupplanting Frequently Asked Questions I. The Purpose of CHRP Funding II. The Nonsupplanting Requirement III. Allowable Costs under the CHRP Program IV. Rehiring Officers under the CHRP Program V. CHRP Funding and the Retention Requirement of Other COPS Grants VI. Monitoring and Document Retention I. The Purpose of CHRP Funding: How does the CHRP program create and save jobs? The CHRP program creates jobs by offering funding for newly hired officers, including providing funding for new officers to fill existing officer vacancies that are no longer funded as a result of state, local or tribal budget cuts. The CHRP program saves sworn officer jobs by allowing the rehiring of laid off officers or those who would be laid off without the grant. Back to the Top II. The Nonsupplanting Requirement: (1) Does the nonsupplanting requirement apply to the CHRP grant program? Yes. The nonsupplanting requirement is a legal requirement in the Public Safety and Community Policing Act, which is the COPS Office's authorizing statute. The nonsupplanting requirement means COPS grant funds must be used to supplement (not replace) state, local or Bureau of Indian Affairs (BIA) funds that would have been dedicated toward law enforcement if federal funding had not been awarded. As it applies to your agency's CHRP grant, grantees must not reduce the level of state, local or BIA funding that would have been dedicated toward sworn officer positions as a result of receiving federal funding. Back to the Top (2) The officers we plan to rehire are experienced officers who are paid a higher than entry-level salary and benefit package. May we use the CHRP funds to pay their salaries? Yes, but only for the entry-level portion of their salary and benefits package. CHRP funds are awarded based on your agency's current entry-level sworn officer salary and benefits package over a three-year period. You can rehire experienced officers and use CHRP funding, but any additional costs higher than entry-level that your agency pays the rehired officers must be paid with local agency funds, not CHRP funds. Please refer to your agency's http://www.cops. usdoj .gov/print.asp?item=2112 3/3012009 COPS Office: Nonsupplanting F AQs Page 20f5 approved CHRP Financial Clearance Memorandum to confirm the total entry-level salary and benefits package approved by the COPS Office for the three-year grant period. If you need to request an additional copy of the CHRP Financial Clearance Memorandum, or would like additional detail on the specific approved entry-level benefit categories for your agency, please call the COPS Office Response Center at 1-800-421-6770. Back to the Top III. Allowable Costs under the CHRP Program: (1) What may my agency request funding for under the CHRP grant program? Applicants may request CHRP funding in three hiring categories to: a. hire new officer positions, which includes filling existing officer vacancies that are no longer funded in your agency's budget due to state, local, or tribal budget cuts; b. rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts; and/or c. rehire officers who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts; CHRP grant awards will be made for officer positions requested in the above three hiring categories and recipients of CHRP grant awards are required to use grant funds for the specific hiring categories awarded. During our review of your agency's application, if the COPS Office needs to reduce the number of officer positions your agency requested for any of the hiring categories, the COPS Office, if necessary, will contact your agency to obtain your agency's new set of officer positions in each category. Your agency may not reduce its sworn officer budget just to take advantage of the CHRP grant. Any budget cut must be occurring for fiscal reasons unrelated to the receipt of CHRP grant funds (to avoid a violation of the nonsupplanting requirement). If your agency receives CHRP funding to prevent a scheduled lay-off(s), your agency must continue to fund the officers with local funds until the date of the scheduled lay-off, identify the number and date of the scheduled lay-off(s) in the CHRP application, and maintain documentation showing the date(s) and reason(s) for the lay-off(s). If your agency receives a CHRP grant and after receiving the grant, your agency needs to change the hiring category(s) it received funding under, your agency must request a post- award grant modification and must receive prior approval before spending CHRP funding. To obtain information on modifying a CHRP grant award please contact the COPS Response Center at 1-800-421-6770. Back to the Top (2) Can CHRP grant funding be used to pay for officer overtime and/or eliminate officer furloughs? No. CHRP funding may only be used to hire and rehire full-time law enforcement officers in order to create and preserve jobs and to increase law enforcement agencies' community policing capacity and crime prevention efforts. Back to the Top (3) Can CHRP funding be used to fill sworn officer positions that are vacant at the time we apply for CHRP funding? http://www.cops.usdoj.gov/print.asp?item=2112 3/3012009 COPS Office: Nonsupplanting F AQs Page 3 of5 Yes, if the vacancies are no longer funded in your agency's budget. CHRP funding may be used to fill vacant sworn officer positions if the positions are included in your agency's law enforcement budget, but are unfunded (state, local or tribal funding has not been budgeted to pay for the salary and benefits costs of the positions) because of a hiring freeze or budget cuts due to local fiscal distress. Back to the Top IV. Rehiring Officers under the CHRP Program: A. Officer Positions Already Laid Off at the Time of Application: (1) If my agency received CHRP funding to rehire officers who were already laid off at the time of application do we need to maintain documentation in the CHRP grant file regarding the lay-offs? Yes. Your agency should keep a record of the date(s) of their lay-off(s) and the date(s) the positions were rehired in your grant file for future monitoring or audit purposes. [Please keep in mind that CHRP grant funds will cover only an entry-level sworn officer salary and benefits package over a three-year period. Any additional funding higher than entry-level that the Sheriff Department pays the rehired officers must be paid with local funds.] Back to the Top (2) If my agency is awarded CHRP funding to rehire officers laid-off before we receive the grant, when can we rehire those officers? Your agency may rehire the officers on or after the official grant award start date. In addition, your agency should maintain documentation showing the date(s) that the positions were laid off and rehired. [Please keep in mind that CHRP grant funds will cover only an entry-level sworn officer salary and benefits package over a three-year period. Any additional funding higher than entry-level that the Sheriff Department pays the rehired officers must be paid with local funds.] Back to the Top B. Officer Positions Scheduled to be Laid Off at the Time of Application: (1) If my agency received CHRP funding to rehire officers that were scheduled to be laid off in the future; do we need to maintain documentation in the CHRP grant file regarding the lay-offs? Yes. Your agency must keep documentation in your grant file for future monitoring or audit purposes that shows: (a) the date of the lay-off( s); (b) the number of officers laid off; (c) the number of officers rehired with CHRP funds; (d) the date of the rehire(s); and (e) the reason(s) for the lay-off(s) (specifically showing reasons unrelated to the receipt of CHRP funds). Back to the Top (2) What kind of documentation can prove that the lay-off(s) are not related to the receipt of CHRP funds? Any records showing that the lay-off(s) occurred as a result of state, local, or tribal budget http://www.cops.usdoj .gov/print.asp?item=2112 3/3012009 COPS Office: Nonsupplanting F AQs Page 4 of5 cuts. To show that the lay-offs did not occur as a direct result of the availability of CHRP funds, it is especially helpful to demonstrate that budget cuts occurred in the entire (or at least additional) municipal or tribal governmental departments, not just the law enforcement department. Or if budget cuts just occurred in the law enforcement agency's budget that they were across all categories not just for sworn officer positions. Documents might include: 1. council meeting minutes discussing the budget cuts and lay-offs; 2. budget orders directing municipal departments to reduce their operating budgets; 3. personnel directives given to the officers who are scheduled for lay-off(s); 4. any other local documents explaining why the lay-offs occurred; and/or 5. notices provided to the individual officers regarding the date(s) of the lay-offs. Back to the Top (3) Our agency received CHRP funding to rehire officers who are scheduled to be laid-off in the future. Do we need to actually layoff officers before using COPS funds and then rehire them? No, the rehired officers do not need to have a break in service. As long as your agency can document the date the lay-off(s) would occur if the CHRP funds were not available, it may transfer the officers to the CHRP funding on or after the date of the lay-off without formally completing the administrative steps associated with a lay-off for each individual officer. However, it must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay-off (for example, if the COPS award start date is September 1 and the lay-off is scheduled for November 1, then the COPS funds may not be used to fund the officers until November 1, the date of the scheduled lay-off). Back to the Top C. Future Officer Lay-Offs: If our agency's economic conditions change after receiving a CHRP grant and we want to change the hiring categories from what we identified in our CHRP application, what should our agency do? If your agency receives a CHRP grant and after receiving the grant, your agency needs to change the hiring category(s) it received funding under, your agency must request a post- award grant modification and must receive prior approval before spending CHRP funding. To obtain information on modifying a CHRP grant award please contact the COPS Response Center at 1-800-421-6770. Back to the Top V. CHRP Funding and the Retention Requirement of Other COPS Grants: (1) May our agency apply for a CHRP grant if we have an active COPS Universal Hiring Program (UHP) grant for sworn officer positions? Yes. Agencies with active COPS hiring grants are not disqualified from applying for a CHRP grant, but the CHRP-funded position must be over and above the number of officer positions the agency is required to retain under its UHP grant. Back to the Top (2) Can CHRP funding be used to retain a UHP-funded position? http://www.cops.usdoj.gov/print.asp?item=2112 3/30/2009 COPS Office: Nonsupplanting F AQs Page 5 of5 No. CHRP grant funding may not be used to comply with the retention requirement of your UHP grant. Instead, your agency must use state, local or tribal funding to retain the UHP- funded positions for one full local budget cycle following the conclusion of the grant period. In addition, the retained officer position(s) must be over and above your agency's locally- funded sworn force and any full-time sworn positions awarded under the CHRP grant. Back to the TOD (3) Is our agency required to retain the CHRP-funded positions following the conclusion of the 36 months of grant funding? Yes. At the conclusion of federal funding, CHRP grantees are required to retain all officer positions awarded - including positions awarded to rehire laid off officers or to prevent lay- offs. The additional officer positions should be added to the grantee's law enforcement budget with state and/or local funds, over and above the number of locally-funded officer positions that would have existed in the absence of the grant. Absorbing CHRP-funded officers through attrition, rather than by adding the extra positions to your budget with additional funding, does not meet the retention requirement. Back to the Top VI. Monitoring and Document Retention: (1) How will the COPS Office monitor my agency's use of CHRP funds for rehiring laid off officers? The COPS Office monitors grantee compliance with all grant requirements in a variety of ways. For example, your agency may receive an on-site monitoring visit from the COPS Office during the grant period, an on-site financial monitoring visit from the Office of Justice Programs, Office of the Comptroller, or it may be audited by the Office of the Inspector General Audit Division. Your agency also may be asked to submit written documentation demonstrating its compliance with the grant conditions or in response to evaluations by outside organizations. Back to the Top (2) How long must we keep copies of all of these records to demonstrate when and why we rehired laid off officers? Your agency is required by law to maintain grant records to demonstrate your proper use of grant funds throughout the active grant period and then for at least an additional three years after the grant is officially closed out by the COPS Office. Back to the Top Questions? Please call the COPS Office Response Center at 1-800-421-6770. Page Location: Funding> Funding Opportunities> COPS Hiring Recovery Program (CHRP) > Nonsupplanting FAQs URL: http://www.cops.usdoj.gov/default.asp?item=2112 http://www.cops.usdoj .gov/print.asp?item=2112 3/30/2009 DATE SUBMITTED: March 18,2009 BILL # OCJ-D7o AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ ........................................................................................ SUBJECT: Ordinance No. 6071 amending BMC Chapter 3.50 to add an additional payment in lieu of tax fee for 2009 Committee Meeting Date: March 25, 2009 COUNCIL MEETING Date: April!, 2009 Department: Financial Services Presenter: Andy Parks Phone: 473-5722 SUMMARY: The proposed ordinance adds an additional payment in lieu of tax fee for 2009. The payment will generate $550,000 in additional revenue to the General Fund for the 2009 budget year. Spending reductions through labor concessions and other spending reductions will offset the additional payment. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): The payment will generate $550,000 in additional revenue to the General Fund for the 2009 budget year. Spending reductions through labor concessions and other spending reductions will offset the additional payment. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS PUBLIC HEARING D RECOMMENDED MOTION: Move to approve Ordinance No. 507 8 amending BMC Chapter 3.50 relating to utility taxes for water, wastewater and stormwater utilities. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 5' 07 8 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.50 of the Bremerton Municipal Code relating to increasing the utility 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 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" of the 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 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 nine and one-half (9.5) percent of the 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. I 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 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 of a 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) Additional vavment in lieu of/ax fee. In addition to the fee of nine and one-half (9.5) percent set forth above in subsection (b) for water, subsection (c) for wastewater and subsection (d) for stormwater, there shall be assessed for year 2009 an additional payment in lieu of tax fee of $205,000 for water, $303,000 for wastewater and $42,000 for stormwater. 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 of the 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 sufficiency of the signatures on the petition and, if sufficient valid signatures are properly 2 2009 Utility Taxes 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). 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.11 RCW and all other statutory or charter provisions for initiative or referendum which might otherwise apply. SECTION 3. 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 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 ,2009 CECIL McCONNELL, Council President Approved this day of , 2009 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 ,2009 , 2009 R:\Legal\Legal\Ordinances\Finance\2009 Utility Taxes BMC 3.50.050.doc 3 2009 Utility Taxes DATE SUBMITTED: March 27, 2009 BILL # oq - 071 AGENDA BILL CITY OF BREMERTON CITY COUNCIL c,c ........................................................................................ SUBJECT: Ordinance No. 5Dlq Amending Ordinance No. 5071 which adopted the Fiscal year 2009 budget. Committee Meeting Date: March 25,2009 COUNCIL MEETING Date: April 1, 2009 Department: Financial Services Presenter: Andy Parks Phone: 473-5722 SUMMARY: The Bremerton City Council adopted the 2009 annual City budget by Ordinance No. 5071 on December 3, 2008. Current revenue projections anticipate a shortfall in budgeted revenue. A combination of new revenue and expenditure reductions as addressed in the Plan to Address the City's Projected Financial Shortfall, dated March 25,2009, is proposed. ATTACHMENTS: Ordinance Plan to Address the City's Shortfall FISCAL IMPACTS (Include Budgeted Amount): General Fund departmental budgets will be reduced by $1,450,000 for 2009. COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS PUBLIC HEARING D RECOMMENDED MOTION: Move to approve Ordinance No. 5 () 7'1 amending Ordinance No. 5071 which adopted the Fiscal Year 2009 budget and to authorize the transfer of $1 M of excess vehicle reserve funds from the Equipment Rental and Reserve fund. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 507'l AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5071 relating to the City of Bremerton Fiscal Year 2009 Budget. WHEREAS, the City Council passed the Fiscal Year 2009 City Budget Ordinance (Ordinance No. 5071) on December 3,2008; and WHEREAS, the actual Fiscal Year 2009 beginning fund balance was less than budgeted; and WHEREAS, Fiscal Year 2009 General Fund revenues are projected to be less than budgeted; and WHEREAS, General Fund department expenditures and revenues require adjustment to reflect the reduced General Fund revenue projections; and WHEREAS, the proposed adjustments to department expenditures and revenues recognize a transfer of reserved funds for future General Fund vehicle replacements to offset the reduced beginning fund balance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance 5071 establishing the City of Bremerton's 2009 Budget passed by the City Council on December 3, 2008, is hereby amended as follows: Adopted Adjusted 2009 Budget 2009 Fund No. Ord No. 5071 Net Adjustments Budget 001 General Fund Beginning Fund Balance $ 2,756,622 $ (1,400,000) $ 1,356,622 Taxes 25,272,226 (1,60b,OOO) 23,672,226 Licenses & Permits 888,100 888,100 Intergovernmental Revenues 3,896,349 3,896,349 Charges for Services 3,034,787 3,034,787 Fines and Forfeits 1,632,170 1,632,170 Other Revenue 3,071,903 1,550,000 4,621,903 Total Revenue $ 40,552,157 $ (1,450,000) $ 39,102,157 City Council $ 320,530 $ (10,200) $ 304,330 Executive 345,190 (17,600) 327,590 Financial Services 1,389,572 (97,300) 1 ,292,272 1 2009 Budget Adjustment Legal Human Resources Community Development Municipal Court City Auditor Law Enforcement Fire/Emergency Services Police/Fire Pension General Facilities Parks & Recreation Engineering Economic Development Non-Department Ending Fund Balance Total Expenditures 733,454 514,603 1,220,648 1,380,610 170,867 13,415,629 8,067,430 2,578,000 863,070 3,100,447 396,074 130,953 3,089,178 2,835,902 $ 40,552,156 (28,400) 705,054 514,603 1,165,348 1,310,110 162,167 12,928,629 7,660,030 2,578,000 819,870 2,945,847 375,774 124,253 3,052,378 2,835,902 $ 39,102,156 (55,300) (65,500) (8,700) (487,000) (407,400) (43,200) (154,600) (20,300) (6,700) (47,800) $ (1,450,000) SECTION 2. That the total Budget as amended herein in the amount of $128,087,164 is hereby appropriated for the fiscal year 2009. SECTION 3. Severability. If anyone or more sections, subsections, or sentences ofthis 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 Approved this day of ,2009 ATTEST: CAROL ETGEN, City Clerk day of ,2009 CECIL McCONNELL, Council President CARY BOZEMAN, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2 2009 Budget Adjustment PUBLISHED the EFFECTNE the ORDINANCE NO. day of day of ,2009 , 2009 R:\Legal\Legal\Ordinances\Finance\2009 Budget Adjustment.doc 3 2009 Budget Adjustment Plan to Address the City's Projected Financial Shortfall March 25, 2009 Summary · Revenue shortfalls are anticipated in all funds - Shortfalls may worsen · To minimize financial and operational impacts it is necessary to take immediate steps to reduce operational spending f - Personnel - Supplies and services · Lesser priority to reduce capital expenditures - Reduce maintenance costs - Improve efficiencies - Reductions reduce income to City · Focus on General Fund - 222 of367 FTEs (60%) - Impacts to Utilities and Internal Service funds adds 112 FTEs · Total of 334 FTEs (91 %) General Fund Financial Summary Resources · $37.8 million current year revenue - Increase of $2.7 million (8%) · $2.8 million beginning balance Expenditures · $37.7 million current year expenditures - Increase of$1.1 million (2.9%) · $2.8 million ending fund balance 41 i'T"0~~"l 40 - ----1 ,,~ ,'.: .' ~ lo' I d:..r'r . ., 39 38 37 36 - ~c., ~~c., ~G .~.:::i- ~o :t::'~ <:J;;..~ e ~+'Q. ilJ Fund balance ---I i!l Current Year Updated General Fund Resources Summary · $1.4 million 2008 ending balance shortfall - $1 million net of $3 54k B & 0 Tax Recovery in Q 1 2009 · Est. $2.9 million revenue shortfall in 2009 (approximately 8%) - Approx. $100k less than 2008 · Total resources shortfall of approximately $3.9 million 50 40 30 20 10 o (":~~"':.:::'.1 I,', l '. ." ." . '1,"'.' . .r " Original Revised a Revenue fj Beg Fund Balance 9000 . 8000 · 7000 . 6000 . 5000 : 4000 3000 · 2000 1000 o General Fund Updated Revenue Forecasts (amounts in 000' s ) T-------~ ":"~'"".''' ----_._----~--------~-~------ Property Sales & B & 0 tax Private Other Charges PILOT tax Use tax utilities taxes for services II Budget ~ Forecast General Fund Updated Revenue Forecasts Property tax Sales & use tax B & o tax Private utilities Other taxes Charges for services Fines & forfeits PILOT Total ($ 154,000) ( 690,000) ( 348,000) ( 1,196,000) ( 118,000) ( 152,000) ( 21,000) ( 256,000) ($2,935,000) ( 2.0%) ( 9.3%) ( 9.9%) (21.4%) (11.0%) ( 5.0%) ( 1.3%) (10.8%) ( 7.80/0) General Fund Updated Revenue Forecasts Property tax (-$154k, -2.0%) - timing difference Sales & use tax (-$690k, -9.3 %) - auto, construction, big ticket items, general slowdown B & 0 tax (-$348k, -9.9%) - auto, construction, general slowdown Private utilities (-$1.2 million, -21.4%) - Navy and other commercial industrial users switching to wholesale natural gas provider (-$1 million +/- continuing reduction) Other taxes (-$118k, -11.0%) Charges for services (-$152k, -5.0%) Fines & forfeits (-$21,000, -1.3%) PILOT( -$256k, -10.8%) reduced consumption General Fund Financial Issues to Address · Beginning fund balance shortfall · $1.4 million - one-time · Forecasted reduction in annual revenue of $2.9 million · $1 million +/- continuing (utility tax reduction) · $1.9 million +/- dependent on economy, i.e., beyond control of City Proposal to Address $1.4 million Beginning Fund Balance Shortfall · $3541( net B & 0 Tax settlement received Q 1 · Non-continuing source of revenue · Propose transferring $1 million from Equipment Replacement and Reserve Fund · Current reserve $1.7 million · With reduction, cash balance is adequate, together with annual recoveries, to purchase items on schedule without borrowing · Restores balance to approximately $2.8 millio ER & R Fund Ten Year Summary Governmental Vehicle Reserves 3,500 500 3,000 2,500 2,000 1,500 1,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Years - Ending Balance ---- Resources = Equipment Purchases/Transfers Proposal to Address $2.Y mIllIon Current Year General Fund funding Gap · Balanced approach to address funding gap - Reduce operational spending · Current and on-going - Enhance revenue without increasing taxes, charges · $1 million +/- continuing (reduced utility taxes) · 2010 and beyond - $0.5 million increase for ER & R funding · Continuing gap of approximately $1.5 million annually Key Principles · Minimize service delivery impacts · Not increase taxes · Balanced approach · Sustainable Balanced and Sustainable Approach to Address $2.9 million Gap · $1.5 million on-going spending reductions · $550k temporary spending reductions (labor concessions) · $850k revenue enhancements without increasing taxes or charges to taxpayers or customers · $300k CHRP funding (3 years) · $550k PILOT City utilities · Sunset end of 2009 m $1.5 million on-going spending reductions · $600k early retirements/RIF , , · Implementation of previously approved early retirement incentive program · $3001( supplies and services · Mayor directed spending to be reduced approximately 5% · $600k pension fund contribution rate reduction · Y2 year impact in 2009 if enacted by State · Additional RIF if not enacted by State $550k temporary spending reductions (labor concessions) · Mayor met with and requested labor concessions from all employees · Management/Non-represented - agreed · Police management - agreed · IAFF - Agreed in principal · Teamsters - Agreed in principal · Police Guild - Mediation (3/25) $850k revenue enhancement · $300k CHRP funding (3 years) · Four police officer positions ($75k each) · Requires intent to layoff · Requires continuing funding in year 4 · $550k PILOT City utilities · Rate depends on timing, 2.2% full year · Spending reductions in utilities to offset PILOT · Labor concessions (approx. $185k) · Reduced spending supplies and services Actions Needed by City Council · Authorize transfer of $1 million from ER & R Fund to General Fund · Subsequently a smaller transfer (approx. $200k) to Street Fund · Authorize Mayor to submit CHRP funding request to Department of Justice · Ordinance to increase PILOT · Budget adjustment ordinance Actions Needed by City Council · Other · Resolution to authorize inter-fund borrowing to address cash flow issues · Possibly reauthorize, with minor changes, the early retirement incentive package · Additional adjustments may be necessary if forecasts worsen · As we evaluate other funds additional adjustments may be necessary Summary · Plan addresses projected $3.9 million General Fund resource shortfall in balanced and sustainable methodology without increasing taxes or charges to customers - $1.354 million · Net $354k B & 0 Tax Recovery in Q 1 · $1 million one-time transfer from ER & R Fund - $1.5 million continuing spending reductions - $ .55 million temporary spending reductions through labor concessions - $ .85 million in resources · $ .3 million/year 3 years · $ . 55 million PILOT ~ Plan to Address the City's Projected Financial Shortfall April!, 2009 Summary · $3.9 million funding shortfall in General Fund - $1.0 million beginning balance - net - $2.9 million current year resources · Balanced approach to address gap - Utilize existing resources - Reduce current spending - Identify additional resources · No new taxes or costs to taxpayers Proposal to address $1.0 million net beginning fund balance shortfall · Transfer $1 million from Equipment Replacement and Reserve Fund · Restores beginning General Fund fund balance to approximately $2.8 million · Maintains adequate fund balance in ER & R Fund · The transfer is included in the budget adjustment ordinance Proposal to address $2.9 million current year General Fund funding gap · Reduce operational spending - $2.05 million (71 %) · Enhance resources - $850k (29%) Proposal to address $2.9 million current year General Fund funding gap · Reduce operational spending - $2.05 million - Personnel - $1.75 million (85%) · Phase I adjustment - $1.15 million - excludes pension fund rate reduction pending action by State - Includes $600k Reduction in Force - attrition/retirement - Includes $550k in labor concessions - Supplies and services - $300k (15%) · Total proposed spending reductions included in budget adjustment ordinance is $1,450,000 - $1.15 million personnel - $300k supplies and services Proposed Budget Adjustments · Balanced, i.e., proportional reductions across all departments · Total of $1.45 million · $550k labor concessions · Based on 8 unpaid furlough days within each department · $600k early retirements · Allocated proportionately · $300k supplies and services · Approx. 5% of supplies and services in each department Proposal to address $2.9 million current year General Fund funding gap · Enhance revenue without increasing taxes, charges-$850k - CHRP funding - $300k/year 3 years - Increase PILOT - City utilities - $550k · Authorization for Mayor to submit CHRP application · Ordinance amendment to increase PILOT to General Fund an additional $550k in 2009 only · Total Phase I - $2.3 million - 79% - $1.45 million spending reductions - $850k additional resources Actions Needed by City Council Additional Resources · Authorize Mayor to submit CHRP funding request to Department of Justice · Ordinance to increase PILOT Reduced Spending · Budget adjustment ordinance ,/ - Includes authority to transfer $1 million from ER & R Fund to General Fund