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HomeMy WebLinkAboutWS Item 03 - 4B Board, Crime Control & Prevention Board and Quality of Life FundVv -5 ITEM # 3 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY OUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: APRIL 17, 2007 SUBJECT: 4B BOARD, CRIME CONTROL & PREVENTION BOARD AND QUALITY OF LIFE FUND Attached for your review is background information on the 4B Board, the Crime Control and Prevention Board and the Quality of Life Fund. Staff is prepared to review this information in detail with Council during the Workshop. The Articles of Incorporation and the appointments to the 4B Board that were tabled at the April 3rd meeting, are back on the agenda tonight as Old Business item number 6 for your consideration. Please let me know if you have any questions. 413 Board Information Composition of the Board • Board members must be residents of the City of Grapevine and serve at the pleasure of the City Council. • There is no statutory requirement for board members to be registered voters, but there is no prohibition against Council using voter registration as a selection criteria, if they choose to do so. • Council has indicated agreement to appoint four Council members for two year terms; and three residents initially appointed for one year terms and thereafter two years so that terms are staggered. • Following initial appointments, new appointments are made every two years for the group that is expiring. • Once the Board is formed, the following officers are selected by the Board: President, Vice President, Secretary and Treasurer. The President and Vice President must be board members. • The Secretary and Treasurer do not need to be board members. It is recommended that the Secretary and Treasurer be City staff members. In this case, the Council may want to select the City Secretary as the Secretary to the Board and the City Manager or his designee or the Director of Administrative Services as the Treasurer. The Treasurer must have the credentials to be an investment officer for the City. Current investment officers are the City Manager, Director of Administrative Services and the Managing Director of Financial Services. Duties of the Board The Board will meet on an as needed basis, but at least once annually to adopt an annual budget and to approve capital projects. • The annual budget and all projects must also be approved by the City Council. Grapevine voters approved the 4B sales tax (one-half of one percent) with the understanding that three quarters of the funds raised would go to the Fort Worth Transportation Authority (the "T") for development and future operational funding of commuter rail. The 413 Board will need to formally approve that project. Approximately $7,500,000 per year of the 4B funds will be transferred to the "T". The remaining twenty-five percent of 4B funds (approximately $2,500,000 per year) may be spent on eligible 4B projects. The Council has earmarked these funds initially to pay for the City's share of costs for the commuter rail station in Grapevine and a parking garage near the station. Once these projects are funded, the 4B revenues may be used for projects such as: sports and sports related projects; ball fields and parks; public parks and park facilities; and numerous other quality of life type projects as approved by the voters (copy of 4B ballot wording attached). • The 4B Corporation continues indefinitely, unless the City should have another election to cancel the 4B tax (unless there are bonds outstanding in which case the 413 tax must continue until bond retirement). Other Issues • Since the 4B Corporation is a separate legal entity, the Corporation and the City will need to enter into an Interlocal Agreement for the City to provide certain services to the Board such as: 0 General management and administration 0 Financial and treasury services including depository and investment of funds 0 Legal services 0 Engineering services as may be required 0 Maintenance and operation of 4B Corporation funded projects • Indemnification and insurance requirements for board members and activities shall be the same as for any other City board or commission member. THE ADOPTION OF A SECTION 4B SALES AND USE TAX WITHIN THE CITY OF GRAPEVINE, TEXAS AT THE RATE OF ONE-HALF OF ONE PERCENT TO UNDERTAKE PROJECTS AS DESCRIBED IN SECTION 4B OF ARTICLE 5190.6, V.T.C.S., AS AMENDED (THE DEVELOPMENT CORPORATION ACT OF 1979), INCLUDING BUT FOR NOT LIMITED TO, PROJECTS FOR THE PROMOTION OF AMATEUR (INCLUDING CHILDREN'S) ATHLETICS AND SPORTS INCLUDING BALL PARKS AND AUDITORIUMS, PROJECTS RELATED TO ENTERTAINMENT, CONVENTION, TOURIST AND EXHIBITION FACILITIES, AMPHITHEATERS, CONCERT HALLS AND PUBLIC PARKS, PARK FACILITIES AND AGAINST EVENTS, OPEN SPACE IMPROVEMENTS, LEARNING CENTERS, EDUCATIONAL FACILITIES AND FACILITIES FOR USE BY INSTITUTIONS OF HIGHER EDUCATION, MUSEUMS AND RELATED STORES, RESTAURANT, CONCESSION AND AUTOMOBILE PARKING FACILITIES AND RELATED ROADS, STREETS AND WATER AND SEWER FACILITIES, RECYCLING FACILITIES AND PROJECTS TO PROMOTE NOEW OR EXPANDED BUSINESS ENTERPRISES INLCUDING FACILITIES TO PROMOTE JOB CREATION AND RETENTION, JOB TRAINING FACILITIES AND PUBLIC SAFETY FACILITIES, STREETS AND ROADS, DRAINAGE AND RELATED IMPROVEMENTS, DEMOLITION OF EXISTING STRUCTURES AND GENERAL IMPROVEMENTS THAT ARE MUNICIPALLY OWNED AND ANY OTHER IMPROVEMENTS OR FACILITIES THAT ARE RELATED TO ANY OF THE ABOVE PROJECTS AND ANY OTHER PROJECT THAT THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION ESTABLISHED FOR SUCH PURPOSE TO DETERMINES WILL PROMOTE NEW OR EXPANDED BUSINESS ENTERPRISES AND THE MAINTENANCE AND OPERATIONS EXPENSES FOR ANY OF THE ABOVE-DESCRIBED PROJECTS. Crime Control and Prevention District (CCPD) Information Composition of the Board • Board members must be residents of the City. On December 19, 2006 the City Council appointed its membership as the CCPD Permanent Board. • Board appointments are permanent, but serve at the pleasure of the City Council. • The initial term of the CCPD board is for five years, at which time if the City wishes the CCPD to continue, a new election must be held and an extension of the District approved by the voters. • The extension election may be for up to twenty years, in five year increments. Duties of the Board • The board may meet on an as needed basis, but at least once annually to approve the next year's budget for the district. The Board must hold a public hearing on the proposed budget prior to approval. • The City Council must hold a public hearing on the district budget each year. • The Council must approve or reject the budget, but may not modify the budget. If the budget is rejected, it must be sent back to the district board for modification prior to reconsideration by the City Council. • Grapevine voters approved the CCPD tax at a rate of one half of one percent. This will produce tax revenues of approximately $10,000,000 per year. • CCPD funds may be used for most activities in capital projects of the Police Department. A copy of the list of allowable uses from Chapter 363 of the Local Government Code is attached. Other Issues • Deposit and investment of CCPD funds will be handled as a separate special revenue fund of the City. The same depository and investment policy utilized by the City will apply to the CCPD funds. • Budgets and operational issues related to projects and priorities of the CCPD will be coordinated by the Police Chief at the direction of the City Manager. • Indemnification and insurance requirements for board members and activities will be the same as for any other board member of the City. najority of the members of the board is necessary in matters rel -ting to the business of a district. A two-thirds majority vote he board is required to reject any application for funding available under this chapter. added by Acts 1997, 75th Leg., ch. 165, § 23.03(a), eff. Sept. 1, L997. § 363.106. CONTRACT FOR ADMINISTRATIVE ASSISTANCE. The Board may contract with a public agency or private vendor to assist Ln the administration or management of the district or to assist in the review of applications for funding available under this chapter. added by Acts 1997, 75th Leg., ch. 165, § 23.03(a), eff. Sept. 1, L 9 9 7 . SUBCHAPTER D. POWERS AND DUTIES § 363.151. DISTRICT RESPONSIBILITIES; LIMITATIONS ON EXPENDITURES,_ (a) The district may finance all the costs of a 'vie control and crime revention ro ram, including the costs for 0 onnel, administration, expansion, enhancement, and capital expenditures. (b) The program may include police and law enforcement related programs, including: (1) a multijurisdiction crime analysis center; (2) mobilized crime analysis units; (3) countywide crime stoppers telephone lines; (4) united property -marking programs; (5) home security inspection programs; (6) an automated fingerprint analysis center; (7) an enhanced radio dispatch center; (8) a computerized criminal history system; (9) enhanced information systems programs; (10) a drug and chemical disposal center; (11) a county crime lab or medical examiner's lab; (12) a regional law enforcement training center. (c) The program may include community -related crime erevention strategies, including: (1) block watch programs; (2) a community crime resistance program; (3) school -police programs; (4) senior citizen community safety programs; (5) senior citizen anticrime networks; (6) citizen crime -reporting projects; (7) home alert programs; and Page 8 of 25 ittp://tlo2.tic.state.tx.us/statutes/docs/LG/content/litm/1g.011.00.000363.00.htm 4/10/2001 Page 9 of 2_- (8) ` (8) a police -community cooperation program; (9) a radio alert program; and (10) ride along programs. (d) The program may include specific treatment and Drevention programs, including: (1) positive peer group interaction programs; (2) drug and alcohol awareness programs; (3) countywide family violence centers; (4) work incentive programs; (5) social learning centers; (6) transitional aid centers and preparole centers; (7) guided group interaction programs; (8) social development centers; (9) street gang intervention centers; (10) predelinquency intervention centers; (11) school relations bureaus; (12) integrated community education systems; (13) steered straight programs; (14) probation subsidy programs; (15) Juvenile Offenders Learn Truth (JOLT) programs; (16) reformatory visitation programs; (17) juvenile awareness programs; (18) shock incarceration; (19) shock probation; (20) community restitution programs; (21) team probation; (22) electronic monitoring programs; (23) community improvement programs; (24) at-home arrest; (25) victim restitution programs; (26) additional probation officers; and (27) additional parole officers. (e) The program may include court and prosecution services, Lncluding: (1) court watch programs; (2) community arbitration and mediation centers; (3) night prosecutors programs; (4) automated legal research systems; (5) an automated court management system; (6) a criminal court administrator; (7) an automated court reporting system; (8) additional district courts that are required by Law to give preference to criminal cases, judges, and staff; and (9) additional prosecutors and staff. (f) The program may include additional jails, jailers, juards, and other necessary staff. added by Acts 1997, 75th Leg., ch. 165, § 23.03(a), eff. Sept. 1, L997. .ittp://tlo2.tic. state.tx.us/statutes/docs/LG/content/htm/1g.011.00.0003 63.00.htm 4/10/200'1 Quality of Life Fund • There is no board for the Quality of Life Fund. • This fund operates as a separate City fund controlled by the City Council. • There are no statutory requirements other than normal requirements for budgeting and expenditure of City funds. • The funds available for the Quality of Life Fund will be those "freed up" by the utilization of CCPD funds to replace General Fund expenditures. • Not all Police Department functions will be covered by the CCPD due to the size of the budget and some restrictions by statutory requirement. Animal Control, for example, is not an allowable expenditure for CCPD funds. • The City's goal is for as much of the "freed up" funds as possible go into the Quality of Life Fund on an annual basis. • Expenditure of funds will be addressed each year by the City Council with a separate budget and list of projects to be funded by the City considered during the City budget process. • Quality of Life projects are defined by the City Council. Within the guidelines of normal expenditure of public funds, projects may be selected and funded by the City. • The goal of this fund's operation is to fund projects on a cash basis; that is, "pay as you go," not through the issuance of debt. This policy and funding mechanism is at the discretion of the City Council. • The Quality of Life Fund continues as long as funding is available. The five year initial limitation on CCPD funding may limit funds available. Additional Sales Tax Distribution Crime Control & Prevention 1/2 cent 4-B / The "T" T" 3/8 cent ❑ 4-13 / The "T" ❑ 4-13 / Transit & Parks Capital Improv. ❑ Crime Control & Prevention District 4-B /Transit - Oriented Development & Parks CIP 1/8 cent 3/8 cent = $7,612,500 1/8 cent = $2,537,500 1/2 cent= $10,150,000 Note: the use of funds for the CC&PD will free up a corresponding amount in the General fund which will be used in the following manner: 1). At least 50% reserved for "Quality of Life" projects. 2). Increase General fund reserve balance to 20%. 3). Operational subsidy until the General fund is fully back to balance.