E/1. Resolution 4696 - General Fund/Municipal CourtCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758
REPORT TO: Mayor Kennedy and City Council Members
FROM: Amy Robertson, Finance Director
Chris Kukulski, City Manager
SUBJECT: Budget Amendments- Resolutions 4696,4697,4698,4699,4700,4701
MEETING DATE: May 20, 2002
BACKGROUND: The City Council will hold a Public Hearing for comment on the
City's proposed amendments to the budget as required by law.
Budget amendments are needed in the (I )General fund to pay for
public defender fees in the Court budget and to pay overtime in the
(2)Fire Department budget. The Fire department overtime has been
severely impacted by individuals who are out on worker's
compensation and OSHA requirements (see attached) (3)A budget
amendment is needed to increase appropriations in the Airport fund
to pay the costs of snow removal and maintenance by the Street
department. (4)A budget amendment is needed in the Downtown
Tax Increment fund to appropriate all estimated available funds of
the district. This will allow us to enter into contracts before year
end. (Due to the sun -setting of the district, a budget amendment is
needed in the TIF district even if we were to distribute funds back to
taxing jurisdictions to have budget authority to write the checks.) (5)
A budget amendment is need to cover the increased costs of
electricity in the Light Fund. (6)A budget amendment is need to
appropriate funds for the Self -insured Health Insurance fund. This
budget amendment will provide budget authority to the maximum
annual amount the City could be liable for health claims this year.
The funds are available to make these amendments.
RECOMMENDATION: Adopt Resolutions 4696 through 4701.
ALTE ATIVES: At Council's discretion.
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Amy H. Robertson Chris A. Kukulski
Finance Director City Manager
Report compiled: May 13, 2002
Kalispell Fire/Ambulance Dept.
336 1 st Ave. East • P.O. Box 1997
Kalispell, MT 59903-1997
March 4, 2002
To: Chris Kukulski, City Manager
From: Randy Brodehl, Fire Chief
Re: Current overtime situation
Nm.=
Telephone 406-758-7764
Fax 406-758-7758
Chris,
Through March 4, 2002, the Fire Department overtime expenses are $50,749.55. Our budgeted
amount for the year is $16,000.00. While we have transferred $31,491.00 into that account from
other line items, it still remains that we are already more than triple what we had budgeted. This
has been compounded by several factors that I have attempted to describe below:
The budget for 2000/2001 was $16,000. Our "actuals" were $40,953. This was two and
a half times the anticipated budget, and was two and half times greater than the "actuals"
for the year prior. We did not anticipate this when formulating our budget for 2001/2002.
Instead, the number used was about the same number as the year prior.
2. Since 1994, the personnel staffing requirements for fire department response in the
United States has been a minimum of four firefighters (see information below). Kalispell
did not respond to this federal requirement at that time. When I came, I changed our
staffing to the minimum allowed by federal regulations. This was to protect the lives of
the firefighters, give us the minimum number of personnel on scene to make an interior
fire attack, and to decrease the City of Kalispell's risk of citation. Since 1994, several
fire chiefs have been held personally liable for firefighter deaths and injuries when
operations were performed outside of allowable standards. (See the case in court right
now: Oneida County vs. Baird which was a firefighter death and injury case where the
chief officer has been charged with negligent homicide, because the Department was not
in compliance of OSHA 1910.134 and .120 as referenced below.) The State of Montana,
Department of Labor and Industry has adopted the OSHA standards for all fire
department applications. We are regulated in this area as follows:
-OSHA 1910.120 Immediately Dangerous to Life or Heath Atmosphere (IDLH)
Paragraph (q)(3)(v) ...requires that 'operations in hazardous areas (emphasis
added) shall be performed using the buddy system in groups of two or more." In
addition, paragraph (q)(3)(vi) states that "back up personnel shall stand by with
equipment ready to provide assistance or rescue." This section means that as a
minimum the buddy system must be used within the hazardous area (entry
by at least two persons) and at least two additional personnel shall stand by
outside the hazardous area.
Thus, there must be at least four individuals at the site. One of the two
individuals outside the hazard area can be assigned to another task, provided that
the second assignment does not interfere with the performance of the standby
role.
1910.134 Procedures for interior structural firefighting. In addition to the
requirements set forth under paragraph (g)(3), in interior structural fires, the
employer shall ensure that:
(g)(4)(i) At least two employees enter the IDLH atmosphere and remain in
visual or voice contact with one another at all times;
(g)(4)(ii) At least two employees are located outside the IDLH atmosphere;
and
(g)(4)(iii) All employees engaged in interior structural firefighting use
SCBAs.
Note 1 to paragraph (g): One of the two individuals located outside the
IDLH atmosphere may be assigned to an additional role, such as incident
commander in charge of the emergency or safety officer, so long as this
individual is able to perform assistance or rescue activities without
jeopardizing the safety or health of any firefighter working at the incident.
NFPA 1710 5.2.2 Operating Units. (While technically not mandatory by federal
law at this writing, it is referenced by OSHA In their explanations regarding
1910.134 and 1910.120)
Fire company staffing requirements shall be based on minimum levels for
emergency operations for safety, effectiveness, and efficiency.
5.2.2.1.1 These companies shall be staffed with a minimum of four on -duty
personnel.
-Insurance Services Organization (ISO)
570 A On -Duty Strength (OM)
The total number of members on duty with companies shall be taken as a yearly
average considering vacations, sick leave, and other absences.
3. Toby Hubbard, Firefighter/Paramedic has been off duty since January l la', due to
a work related knee injury. He will be off at least through October of this year.
While most of his costs are covered by Workers Compensation, all cost associated
with overtime to fill his position are not. Cost to date are approximately $9500.00.
He will be off from nine to 12 months. Total cost in overtime for this budget year
will be approximately $25,300.00. We can anticipate that our cost from this
accident during the next budget year will be $40,000.00.
Cliff Willis, Fire Captain, returned to work in August of this year after being off
over six months with a work related shoulder injury. Most of the costs for the
overtime coverage occurred in the prior budget year, however, about $4,000.00
occurred this budget year.
4. We have just filled a firefighter position that has been vacant for two months.
This delay was due to negotiations over the Assistant Chief/Fire Marshal position.
While we waited for that to finish, we had to fill those shifts with overtime. Also
during that time, we have had to fill the Fire Marshal's position with a lieutenant
off the floor, further reducing our staffing.
We are actively working to reduce the impacts of overtime. We have moved 1.1 FTEs to the
Building Department. One of the items up for review during negotiations will be a change in
hours worked from 24 hours on and 72 hours off, to 24 hours on and 48 hours off. This will
significantly reduce our overtime by giving us additional daily staffing without increasing the
number of personnel. As soon as our Assistant Chief/Fire Marshal is up to speed, we will begin
to use the Deputy Fire Marshal during the day for additional coverage. And, we are running a
test on using a daytime ambulance driver to increase our staffing during peak workloads.
Our fire salary line item is beginning to catch up because of the openings we have had. We
anticipate that there may be enough in this line item to make a significant transfer at the end of
the budget year to cover costs associated with overtime.
Another item that is impacting us is the effects of more than $50,000.00 being held by Medicare,
while they make some adjustments to their system. We are beginning to catch up in that fund,
having gained about $25,000.00 this past month. We have also made some recent changes in our
collections and billing that are assisting us there, but we have yet to see the results due to the lag
time in collections.
In retrospect, this update should have gone to you much sooner. I will do my best to keep you
apprised of this type of information in a timelier fashion in the future.
Please let me know if you need additional information of clarification.
RESOLUTION NO. 4696
A RESOLUTION AMENDING THE ANNUAL APPROPRIATIONS OF THE CITY OF
KALISPELL, MONTANA, AS SET FORTH IN THE 2001-2002 BUDGET ADOPTED BY
THE CITY COUNCIL FOR THE PURPOSE OF APPROPRIATING FUNDS FOR PUBLIC
DEFENDER FEES FOR THE KALISPELL MUNICIPAL COURT.
WHEREAS, in the budget adopted by the City of Kalispell for the
2002 fiscal year, certain detailed and itemized estimates
of expenditures for public defender fees have proven
inaccurate in the operation of the Municipal Court for
the 2002 fiscal year, and
WHEREAS, the overall expenditures of the said Fund are currently
not in excess of the total of such estimates of
expenditures adopted in the City's budget for the 2002
fiscal year, however, it does appear that the total of
the budgeted appropriations in said classification will
exceed such estimate for the balance of the 2002 fiscal
year, and
WHEREAS, the appropriate fund would be General Government,
Municipal Court, with the appropriate expenditure line
item 1000-406-410360-351, and
WHEREAS, On May 20, 2002 at 7:00 o'clock P.M., in the Council
Chambers, City Hall, Kalispell, a public hearing was held
on appropriating funds from the General Fund in the
amount of $10,000.00 for the purpose of funding the
increase in public defender fees for the Municipal Court.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the annual appropriation for Kalispell
Municipal Court is hereby amended by
allocating an additional $10,000.00 from the
General Fund for the purpose of funding the
increase in public defender fees.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 20TH DAY OF MAY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
res\budget0l-02\4696 general muni.wpd