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2010/2011 BudgetC,TTY QF City of Kalispell PM no Post Office Box 1997 - Kalispell, Montana 59903 MONTANA Telephone: (406) 758-7701 Fax: (406) 758-7758 TO: Mayor Kennedy and Members of Council FROM: Jane Howington RE: October 26th Budget Work Session Monday night, October 26th we will begin our series of budget work sessions. As outlined in prior correspondence„ the purpose of these work sessions are to provide information and an ability to discuss the City's budget process. The work session Monday night will begin with staff providing information on the agenda topics followed by discussions, questions, and observations by members of Council. This first session will focus on an overview of the legal, financial, and physical parameters within which the City operates. The information to be provided will aid in the understanding of how long range direction and regulations steer a community. I have attached a copy of the information presented at the September 14ti' work session during which this review process was proposed. CITY. TT City of Kalispell Kv..RL" Post Office Box 1997 -Kalispell, Montana 59903 f MON7AN,A Telephone: (406) 758-7701 Fax: (406) 758-7758 V Budget Work Session: September 14, 2009 Theory into Practice Items to consider include: Past budget development Community needs Laws and mandates Provision of services in a changing economy Current practices Allocation of positions within funds Line item transfers Exercise of administrative purchase authority Grant applications and approval process Growth management plans Land use Community development Economic development Personnel Health insurance Withholding Pay bands Unions Retirement/pensions Unemployment Workers compensation Capital Planning Projects Equipment/replacement Facilities Future needs Public Safety Police Fire 911 Ems Financial Debt Capacity Outstanding Investments Payroll, collections, billing Assets and liabilities Process for Discussion and Review: Moving from the big picture view to the very focused view. The following calendar of work sessions is proposed dedicating the 4th Monday of every month to budgeting discussions: Month 1 Review of the long range direction our current ordinances and regulations are moving the City toward. This will include a recap of the 20 year growth management plan, the zoning code, available capital programs and the annual (past) budget. Month 2 Review the constraints on the City. Discuss laws, mandates and policies that impact the City's operations. Review the assets and liabilities, the personnel requirements including collective bargaining. Month 3 What are the parameters and drivers impacting the City. Review the financial, economic and political climate shaping our direction. Also look at grant programs and how they fit or don't fit within the current climate. Month 4 In depth work session on human resources. Month 5 In depth work session on capital planning. Month 6 In depth work session on finance. Month 7 Council review of budget staff prepares as a result of the work sessions 1 through 6. Continuous Improvement Action Plans While going through the above outlined process, the staff will be working on review and analysis of the current budget and our operational practices. Techniques that will be employed include benchmarking, best practices, cost/benefit analysis and a look at potential revenue generation and grant opportunities. Examples may include items such as how the purchase process functions for items included in the current budget; the practice of line item transfers and developing a tracking system; review of fund allocations for individual positions; contracting services verses in-house provision; employment of efficiency measures such as combining phone services and using technology to increase efficiencies. Reports or legislation (where required) will be presented to Council as these items are completed. The City of Kalispell Legal Structure of the Budget Process ❖ What kind of animal is the City of Kalispell? o 7-1-4101. Nature of municipalities. A city or town is a body politic and corporate with the general powers of a corporation and the powers specified or necessarily implied in this title or in special laws heretofore enacted. o 7-1-4111. Classification of municipalities. (1) Every city having a population of 10, 000 or more is a city of the first class. (2) Every city having a population of less than 10, 000 and more than S, 000 is a city of the second class. (3) Every city having a population of less than S, 000 and more than 1, 000 is a city of the third class. (4) Every municipal corporation having a population of less than 1, 000 and more than 300 is a town. o 7-1-4122. Distribution of powers. (1) A municipality has legislative, executive, and judicial powers. (2) All legislative powers are vested in the governing body of the municipality. (3) Executive powers are vested as provided in the form of government adopted by the municipality. (4) The judicial powers of a municipality are vested in the municipal court. o Kalispell City Ordinance No. 1166. On November 7, 1989, pursuant to the recommendations of the city government study commission as authorized by state law, the electors of the City of Kalispell voted to adopt the Commission -Manager (Council -Manager) form of government. This was "codified" by Ordinance No. 1166. This is most closely related to the "Board/CEO" business model wherein the City Council, like a board of directors, sets and approves the policy of the City and the City Manager, like the CEO, manages the day to day operations of the City within those policy parameters. ❖ What powers does the City of Kalispell have? o The voters of the City of Kalispell have not taken the next step to become a "charter" city or otherwise known as a" self-governing" city. The City of Kalispell is therefore a "general powers" city. o 7-1-4124. Powers. A municipality with general powers has the power, subject to the provisions of state law, to: (1) enact ordinances and resolutions; (2) sue and be sued; (3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in real or personal property; (4) contract with persons, corporations, or any other governmental entity; (5) pay debts and expenses; (6) borrow money; (7) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest; (8) execute documents necessary to receive money, property, services, or other advantages from the state government, the federal government, or any other source; (9) make grants and loans of money, property, and services for public purposes; (10) require the attendance of witnesses and production of documents relevant to matters being considered by the governing body; (11) hire, direct, and discharge employees and appoint and remove members of boards; (12) ratify any action of the municipality or its officers or employees that could have been approved in advance; (13) have a corporate seal and flag; (14) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a public use authorized by law; (15) initiate a civil action to restrain or enjoin violation of an ordinance; (16) enter private property, obtaining warrants when necessary, for the purpose of enforcing ordinances that affect the general welfare and public safety; (17) conduct a census; (18) conduct inventories of public property and preparatory studies; (19) condemn and demolish hazardous structures; (20) purchase insurance and establish self-insurance plans; (21) impound animals and other private property creating a nuisance or obstructing a street or highway; (22) establish quarantines; (23) classify all violations of city ordinances as civil infractions, with civil penalties, as provided in 7-1-4150; and (24) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions. o 7-1-4123. Legislative powers. A municipality with general powers has the legislative power, subject to the provisions of state law, to adopt, amend, and repeal ordinances and resolutions required to: (1) preserve peace and order and secure freedom from dangerous or noxious activities; (2) secure and promote the general public health and welfare; (3) provide any service or perform any function authorized or required by state law; (4) exercise any power granted by state law; (5) subject to 15-10-420, levy any tax authorized by state law for public or governmental purposes as described in 7-6-2527; (6) appropriate public funds; (7) impose a special assessment reasonably related to the cost of any special service or special benefit provided by the municipality or impose a fee for the provision of a service; (8) grant franchises; and (9) provide for its own organization and the management of its affairs. o 7-5-4101. General powers of municipal council. The city or town council has power to make and pass all bylaws, ordinances, orders, and resolutions not repugnant to the constitution of the United States or of the state of Montana or to the provisions of this title, necessary for the government or management of the affairs of a city or town, for the execution of the powers vested in the body corporate, and for carrying into effect the provisions of this title. ❖ What laws govern the City's process in developing its budget? o 7-1-4141. Public meeting required (1) All meetings of municipal governing bodies, boards, authorities, committees, or other entities created by a municipality shall be open to the public except as provided in 2-3-203. (2) Appropriate minutes shall be kept of all public meetings and shall be made available upon request to the public for inspection and copying. o 7-1-4142. Public participation. Each municipal governing body, committee, board, authority, or entity, in accordance with Article II, section 8, of the Montana constitution and Title 21 chapter 3, shall develop procedures for permitting and encouraging the public to participate in decisions that are of significant interest to the public. o 7-1-4143. Participation. In any meeting required to be open to the public, the governing body, committee, board, authority, or entity shall adopt rules for conducting the meeting, affording citizens a reasonable opportunity to participate prior to the final decision. o 7-1-4144. Public records. (1) Except as provided in subsection (2), all records and other written materials in the possession of a municipality shall be available for inspection and reproduction by any person during normal office hours. The governing body may impose reasonable fees for providing copies of public records. (2) Personal records, medical records, and other records which relate to matters in which the right to individual privacy exceeds the merits of public disclosure shall not be available to the public unless the person they concern requests they be made public. (3) Except as provided by law and as determined by the chief law enforcement administrator, law enforcement records which relate to matters in which the right to individual privacy or law enforcement security exceeds the merits of public disclosure shall not be available to the public. ❖ What services must a municipality provide? o 7-33-4101. Fire department authorized and required In every city and town of this state there must be afire department, which must be organized, managed, and controlled as provided in this part except that a third-class city or town may contract for fire protection services or consolidate its fire department with another fire protection provider created under this part. o 7-32-4101. Police department authorized and required There shall be in every city and town of this state a police department which shall be organized, managed, and controlled as provided in this part. o Other statutory and contractual obligations exist that call services into play. ■ City Health Board required may combine with County and may staff ■ Planning Board required along with extensive planning (Growth Policy) ■ Certain mandates from Federal and State governments (Stormwater regs) ❖ What services may a municipality provide (and pay for with taxes, assessments or fees)? o 7-6-2527. Taxation —public and governmental purposes. A county may impose a property tax levy for any public or governmental purpose not specifically prohibited by law. Public and governmental purposes include but are not limited to: (1) district court purposes as provided in 7-6-2511; (2) county -owned or county -operated health care facility purposes as provided in 7-6-2512; (3) county law enforcement services and maintenance of county detention center purposes as provided in 7-6-2513 and search and rescue units as provided in 7-32-235; (4) multijurisdictional service purposes as provided in 7-11-1022; (5) transportation services for senior citizens and persons with disabilities as provided in 7-14-111; (6) support for a port authority as provided in 7-14-1132; (7) county road, bridge, and ferry purposes as provided in 7-14-2101, 7-14- 2501, 7-14-2502, 7-14-2503, 7-14-2801, and 7-14-2807; (8) recreational, educational, and other activities of the elderly as provided in 7-16-101; (9) purposes of county fair activities, parks, cultural facilities, and any county - owned civic center, youth center, recreation center, or recreational complex as provided in 7-16-2102 and 7-16-2109; (10) programs for the operation of licensed day-care centers and homes as provided in 7-16-2108 and 7-16-4114; (11) support for a museum, facility for the arts and the humanities, collection of exhibits, or a museum district created under provisions of Title 7, chapter 11, part 10, or former Title 7, chapter 16, part 22; (12) extension work in agriculture and home economics as provided in 7-21- 3203; (13) weed control and management purposes as provided in 7-22-2142; (14) insect control programs as provided in 7-22-2306; (15) fire control as provided in 7-33-2209; (16) ambulance service as provided in 7-34-102; (17) public health purposes as provided in 50-2-111 and 50-2-114; (18) public assistance purposes as provided in 53-3-115; (19) indigent assistance purposes as provided in 53-3-116; (20) developmental disabilities facilities as provided in 53-20-208; (2 1) mental health services as provided in 53-21-1010; (22) airport purposes as provided in 67-10-402 and 67-11-302; (23) purebred livestock shows and sales as provided in 81-8-504; (24) economic development purposes as provided in 90-5-112; (25) prevention programs, including programs that reduce substance abuse; and (26) forest or grassland hazardous fuels reduction projects in areas near homes and communities where wildland fire is a threat. ❖ What is the City's authority for raising revenue? 0 7-6-4401. General taxing power of municipalities. Subject to 15-10-420, the city or town council may levy and collect taxes for general and special public or governmental purposes on all property within the city or town subject to taxation under the laws of the state. o 7-6-4406. Authority to levy special taxes and assessments. Subject to I5-10-420, the council may assess and levy the special taxes or assessments provided for in this title. o 7-6-4421. Authorization for tax levy and collection by municipality. (1) Subject to 15-10-420, the council has power to annually levy and collect taxes on all the property in the city or town taxable for state and county public or governmental purposes and may by ordinance provide for the levy and collection of the taxes. (2) Until the passage of the ordinance, the levy and collection of municipal taxes are and the proceedings for those purposes must be as provided in this part. o 7-6-4431. Authorization to exceed or impose less than maximum mill levy — election required to exceed The governing body of a municipality may raise money by taxation for the support of municipal government services, facilities, or other capital projects in excess of the levy allowed by 15-10-420 under the following conditions: (1) The governing body shall pass a resolution indicating its intent to exceed the current statutory mill levy limit on the approval of a majority of the qualified electors voting in an election under subsection (2). The resolution must include: (a) the specific purpose for which the additional money will be used; (b) the specific dollar amount to be raised; and (c) the approximate number of mills required. (2) The governing body shall submit the question of the additional mill levy to the qualified electors of the municipality at an election as provided in 15-10-425. The question may not be submitted more than once in any calendar year. If the majority of voters voting on the question is in favor of the additional levy or levies, the governing body is authorized to impose the mill levy in the amount specified in the resolution. (3) An election is not required for a governing body to impose less than the maximum number of mills or to carry forward authorization to impose the maximum number of mills in a subsequent tax year as provided in 15-10- 420(1) (b). o 7-6-4451. All-purpose mill levy authorized It is the purpose of 7-6-4451 and 7-6- 4453 through 7-6-4455 to authorize the cities and towns ofMontana to make an all-purpose annual mill levy in lieu of the multiple levies authorized by the statutes of Montana. o 7-6-4453. Certain special mill levies also available. (1) The all-purpose mill levy does not include the levies imposed for bonded indebtedness, to pay judgments or tax protest refunds, or for special improvement district revolving funds of municipalities. Subject to 15-10-420, additional levies may be made in addition to the all-purpose mill levy, as provided in subsection (2). Sections 7-6-4451, 7-6- 4454, 7-6-4455, and this section may not be construed as repealing those statutes providing for multiple separate levies. (2) Extraordinary levies otherwise authorized to pay for bonded indebtedness, judgments, tax protest refunds, or special improvement district revolving funds may be made by municipalities in addition to the all-purpose mill levy provided for in 7-6-4451, 7-6-4454, 7-6-4455, and this section. o 15-10-420. Procedure for calculating levy. (1) (a) Subject to the provisions of this section, a governmental entity that is authorized to impose mills may impose a mill levy sufficient to generate the amount of property taxes actually assessed in the prior year plus one-half of the average rate of inflation for the prior 3 years. The maximum number of mills that a governmental entity may impose is established by calculating the number of mills required to generate the amount of property tax actually assessed in the governmental unit in the prior year based on the current year taxable value, less the current year's value of newly taxable property, plus one-half of the average rate of inflation for the prior 3 years. (b) A governmental entity that does not impose the maximum number of mills authorized under subsection (1)(a) may carry forward the authority to impose the number of mills equal to the difference between the actual number of mills imposed and the maximum number of mills authorized to be imposed. The mill authority carried forward may be imposed in a subsequent tax year. (c) For the purposes of subsection (])(a), the department shall calculate one- half of the average rate of inflation for the prior 3 years by using the consumer price index, U.S. city average, all urban consumers, using the 1982-84 base of 100, as published by the bureau of labor statistics of the United States department of labor. (2) A governmental entity may apply the levy calculated pursuant to subsection (1)(a) plus any additional levies authorized by the voters, as provided in 15-10- 425, to all property in the governmental unit, including newly taxable property. (3) (a) For purposes of this section, newly taxable property includes: (i) annexation of real property and improvements into a taxing unit; (ii) construction, expansion, or remodeling of improvements; (iii) transfer of property into a taxing unit; (iv) subdivision of real property; and (v) transfer of property from tax-exempt to taxable status. (b) Newly taxable property does not include an increase in value that arises because of an increase in the incremental value within a tax increment financing district. (4) (a) For the purposes of subsection (1), the taxable value of newly taxable property includes the release of taxable value from the incremental taxable value of a tax increment financing district because of: (i) a change in the boundary of a tax increment financing district; (ii) an increase in the base value of the tax increment financing district pursuant to 7-15-4287; or (iii) the termination of a tax increment financing district. (b) If a tax increment financing district terminates prior to the certification of taxable values as required in 15-10-202, the increment value is reported as newly taxable property in the year in which the tax increment financing district terminates. If a tax increment financing district terminates after the certification of taxable values as required in 15-10-202, the increment value is reported as newly taxable property in the following tax year. (c) For the purpose of subsection (3) (a) (ii), the value of newly taxable class four property that was constructed, expanded, or remodeled property since the completion of the last reappraisal cycle is the current year market value of that property less the previous year market value of that property. (d) For the purpose of subsection (3) (a) (iv), the subdivision of real property includes the first sale of real property that results in the property being taxable as class four property under 15-6-134 or as nonqualified agricultural land as described in 15-6-133(1)(c). (5) Subject to subsection (8), subsection (1) (a) does not apply to: (a) school district levies established in Title 20; or (b) a mill levy imposed for a newly created regional resource authority. (6) For purposes of subsection (1)(a), taxes imposed do not include net or gross proceeds taxes received under 15-6-131 and 15-6-132. (7) In determining the maximum number of mills in subsection (1)(a), the governmental entity may increase the number of mills to account for a decrease in reimbursements. (8) The department shall calculate, on a statewide basis, the number of mills to be imposed for purposes of 15-10-108, 20-9-331, 20-9-333, 20-9-360, and 20-25- 439. However, the number of mills calculated by the department may not exceed the mill levy limits established in those sections. The mill calculation must be established in tenths of mills. If the mill levy calculation does not result in an even tenth of a mill, then the calculation must be rounded up to the nearest tenth of a mill. (9) (a) The provisions of subsection (1) do not prevent or restrict: (i) a judgment levy under 2-9-316, 7-6-4015, or 7-7-2202; (ii) a levy to repay taxes paid under protest as provided in 15-1-402; (iii) an emergency levy authorized under 10-3-405, 20-9-168, or 20-15-326; (iv) a levy for the support of a study commission under 7-3-184; (v) a levy for the support of a newly established regional resource authority; or (vi) the portion that is the amount in excess of the base contribution of a governmental entity's property tax levy for contributions for group benefits excluded under 2-9-212 or 2-18-703. (b) A levy authorized under subsection (9) (a) may not be included in the amount of property taxes actually assessed in a subsequent year. (10) A governmental entity may levy mills for the support of airports as authorized in 67-10-402, 67-11-301, or 67-11-302 even though the governmental entity has not imposed a levy for the airport or the airport authority in either of the previous 2 years and the airport or airport authority has not been appropriated operating funds by a county or municipality during that time. (11) The department may adopt rules to implement this section. The rules may include a method for calculating the percentage of change in valuation for purposes of determining the elimination of property, new improvements, or newly taxable property in a governmental unit. ❖ Beyond its general taxing authority a municipality also has the legal authority to institute fees and assessments. o This authority is attached to a myriad of state statutes ranging from bonding laws, improvement district laws and impact fee laws, to name a few. Budget Discussion: October 26, 2009 -Financial parameters STATE LEGISLATURE — Municipal Budget Law 7-6-609 Declares that it is the policy of the State that all governmental accounting systems are established and maintained in accordance with GAAP. MCA Title 7 —Local Government Chapter 6 deals with Financial Administration and Taxation -calendar Chapter 7 Debt management ❖ STATE Financial oversight— Dept. of Administration, Local Government Services Bureau 7-6-611 ■ Systems division —Budgetary Accounting & Reporting System (BARS) provides the account structure used for our budget and accounting. ♦ Discuss fund structure —governmental —enterprise- in accordance with GAAP ♦ Modified accrual and full accrual accounting Audit Division —maintains list of qualified auditors; provides Audit Contract -3 year Reviews Audit report Audit contract specifies -Basic Financial statements should include: ♦ Government -wide financial statements consisting of a Statement of Net Assets and a Statement of Activities. ♦ Fund financial statements for the primary government's governmental, proprietary and fiduciary funds presented after the government -wide statements which display information about major funds individually and nonmajor funds in the aggregate for governmental and enterprise funds. ♦ The fund financial statements must present a summary reconciliation of those financial statements to the government -wide financial statements. Audit contract also specifies that we will meet the requirements of the Single Audit act A-133 for Federal audits. An entity receiving $500,000 in federal funds must comply. Dept. of Revenue — determines market value and taxable value for existing and newly taxable property. Title 15 -Taxation Flathead County — bills taxes and collects funds on the City's behalf. Debt limitation 2.5% of total assessed valuation -market value $31 million $1,269,510,589 7-7-4201 ❖ GASB Governmental Accounting Standards Board (recognized as the primary authoritative reference for governmental accounting.) ■ Establishes standards of accounting and financial reporting ■ Currently issued 56 pronouncements —GASB 34 being the most controversial ❖ GFOA Government Finance Officers Association ■ Provides training —recommended practices ■ Awards program for Comprehensive Annual Reports and Budget presentation. ■ Publications "elected officials guides" ❖ CITY ■ Resolution # 4545 Investment policy (mirrors State) ■ Resolution # 4705 Capitalization policy (federal guidelines) ■ Ordinance #1366 Administrative Code -outlines duties of Finance Director ■ Ordinance #1623 Salary Ordinance ■ Union Contracts — Police, Fire & ASFCME WHAT IS THE GASB? The GASB is the private, nonpartisan, nonprofit organization that works to create and improve the rules U.S. state and local governments follow when accounting for their finances and reporting them to the public. The GASB was founded in 1984 under the auspices of the Financial Accounting Foundation (the Foundation), which appoints the GASB's board, raises its funds, and oversees its activities. The Foundation also oversees the GASB's counterpart for the private companies and not -for -profit organizations, the Financial Accounting Standards Board. The mission of the GASB is to establish and improve standards of state and local governmental accounting and financial reporting that will: • Result in useful information for users of financial reports, and • Guide and educate the public, including issuers, auditors, and users of those financial reports. Although the GASB does not have the power to enforce compliance with the standards it promulgates, the authority for its standards is recognized under the Code of Professional Conduct of the American Institute of Certified Public Accountants (AICPA). The Code requires auditors to note any departures from GASB standards when they express an opinion on financial reports that are presented in conformity with generally accepted accounting principles. Also, legislation in many states requires compliance with GASB standards, and governments usually are expected to prepare financial statements in accordance with those standards when they issue bonds or notes or otherwise borrow from public credit markets. The GASB is composed of a full-time chair and six part-time members drawn from various parts of the GASB's constituency —state and local government finance officers, auditors, the accounting profession, academia, and persons who use financial statement information. The GASB has a professional staff drawn from similar constituencies as the Board. The staff works directly with the Board and its task forces, conducts research, analyzes oral and written comments received from the public, and drafts documents for consideration by the Board. HOW DOES THE GASB SET STANDARDS? The GASB follows the set of "due process" activities enumerated in its published rules of procedure before issuing its standards. Due process is stringent and is designed to permit timely, thorough, and open study of financial accounting and reporting issues by the preparers, attestors, and users of 12 financial reports in order to encourage broad public participation in the standards - setting process. For many issues it addresses, the GASB: • Appoints an advisory task force of outside experts • Studies existing literature on the subject and conducts or commissions additional research if necessary • Publishes for public comment a discussion document setting forth the issues and possible solutions • Conducts public hearings • Broadly distributes an Exposure Draft of a proposed standard for public comment. Significant steps in the process are announced publicly. The GASB's meetings are open to public observation and a public record is maintained. The GASB also is advised by the Governmental Accounting Standards Advisory Council, a 29-member group appointed by the Foundation and representing a wide range of the GASB's constituents. Additional information about the GASB and its activities may be found at www.gasb.org. 13