HomeMy WebLinkAboutHearing - Order 006 - 911 CSD FormationDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 18,2012 @ 1:30 pm
Please see directions for completing this document on the next page.
DATE: January 11,2012.
FROM: Laurie Craghead Legal Phone # 541-388-6623
TITLE OF AGENDA ITEM:
Public Hearing and Consideration of Board Signature of Order 2012-006 Approving Formation of a
Deschutes County Chapter 451 Service District for Emergency Communication Services, Withdrawal
of Properties Currently in the Emergency Communications Services District in Deschutes County, and
setting a Public Hearing.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
At this hearing, the Board of County Commissioners will convene the hearing as both the governing
body of Deschutes County and as the governing body for the Deschutes County 9-1-1 Service District.
On December 19,2011 the Board adopted Order No. 2011-027, initiating formation of the Deschutes 9
1-1 County Service district and withdrawal of all property in Deschutes County from the existing
Deschutes County 911 County Service District. Pursuant to ORS 451. 575 the Board received approval
offormation from the public and private public safety agencies in the County.
The existing district has a permanent rate limit of only $.17. Since this is not adequate to provide 9-1-1
services, the district relies on periodic approval of local option levies. Should such funding not be
renewed it would not be possible to provide an adequate level of service that generally is considered
vital to the health and safety of Deschutes County residents. The purpose of the new district is to
provide long-term stable and adequate funding for emergency communications services throughout
Deschutes County. Over time, it also would permit the district to invest in new equipment and
technology to provide faster and more accurate emergency response.
The Order initiating formation proposed a permanent tax rate of $.39 per $1000 of assessed valuation,
but it is anticipated that the new district initially would continue to levy the existing $.33 rate, which is
the combined permanent tax rate and local option levy, for the first year. The proposed rate limit of
$.39 would permit the new district to continue to pay for services in the long run and to add
consolidated voice and data radio infrastructure and maintenance not currently being provided.
If the voters approve formation and withdrawal, the intent is to merge the new district with the
remaining portion of the existing district in the Camp Sherman area of Jefferson County. This would
require an election in November, 2012. If approved, it would result in a combined permanent tax rate
limit of slightly less than $.39. At that point, there would be a single new district serving all of
Deschutes County and a portion of Jefferson County. The Deschutes County Board of Commissioners
would serve as the governing body.
At this public hearing, the Board should hear testimony and consider written comments on whether to
approve formation and withdrawal and on the appropriate permanent rate limit. Pursuant to ORS
198.805, the Board should evaluate whether the properies proposed to be in the new district would
benefit from formation. The Board may remove properties from the proposed formation if the Board
concludes that they would not benefit. At the conclusion of the hearing, the Board may adopt an order
approving formation and withdrawal, adopting a boundary and permanent rate limit and scheduling a
second public hearing.
FISCAL IMPLICATIONS:
Deschutes County will incur staff time in gathering and analyzing the information necessary for the
Board and public to consider formation. Outside counsel has been retained to provide advice on the
formation process and to draft various documents.
All costs for the formation of the new district are the responsibility of the county.
RECOMMENDATION & ACTION REQUESTED:
Motion to approve signature of Order 2012-006
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Georgia Springer -Legal Department
REVIEWED
"---,-". ,.;-. .., .. g
LEGAr COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ALSO ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE
DISTRICT
An Order Approving Formation of a *
Deschutes County Chapter 451 Service * ORDER NO. 2012-006
District for Emergency Communication *
Services, Withdrawal of Properties Currently *
in the Emergency Communications Services *
District in Deschutes County, and setting a *
Public Hearing. *
WHEREAS, on December 19,2011, the Board of County Commissioners ("Board") initiated
formation of a new County Chapter 451 service district to provide enhanced 9-1-1 emergency
reporting services, together with withdrawal of the area in Deschutes County in the existing district;
and,
WHEREAS, at its hearing of January 18, 2012, the Board considered the information and
recommendations of staff and heard public testimony on whether to approve formation and
withdrawal, including the need for adequate long-term funding for such a critical service, the economic
feasibility of a new district, its conformance with applicable laws, the appropriate boundaries, the
appropriate permanent tax rate limit and other relevant matters; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
also acting as the governing body of the Deschutes County 911 Service District, hereby ORDERS as
follows:
Section 1. The proposed formation of an ORS Chapter 451 county service district for
emergency communications, including 9-1-1 services is economically feasible, complies with all
applicable laws, including but not limited to ORS 197.175, would benefit all property and residents
within Deschutes County, and, therefore, is approved;
Section 2. The withdrawal of all property in the existing emergency communications district,
Deschutes County 911 Service District, in Deschutes County to occur simultaneously with the
formation of a new district is approved;
Section 3. Should the new district be formed and funded, a merger of the remaining portion of
the district in Jefferson County shall be proposed such that the existing district would no longer be
necessary for the purposes for which it was fornled and, therefore, it would be in the best interest of the
inhabitants of the Deschutes County 9-1-1 Service District to dissolve and liquidate said district;
Page 1 of2 -ORDER NO. 2012-006
Section 4. No changes to the boundary of the proposed district as described in Order No. 2011
027 are necessary or appropriate; accordingly, the boundary shall be substantially as legally described
in Exhibit "A" and depicted on the map in Exhibit "B," both exhibits attached hereto and by this
reference incorporated herein;
Section 5. The name of the proposed district shall be the Deschutes 9-1-1 County Service
District;
Section 6. The proposed Deschutes 9-1-1 County Service District, if fornled, will have a
peonanent rate limit for operating taxes of $.39 per $1,000 assessed value that, if fully levied, would raise
an estimated $ $5,039,931 in operating funds for the District in the 2012-2013 fiscal year, however it is
the intent of the Board to initially levy only the existing tax rate of $.33 per $1000 assessed value
Section 7. The Deschutes 9-1-1 County Service District shall be authorized to take all necessary
and proper steps to plan, establish, furnish and maintain a 9-1-1 emergency communications system
within Deschutes County and to construct, maintain and operate any related facilities pursuant to ORS
451.010 et seq.
Section 8. A second public hearing regarding foonation of the Deschutes 9-1-1 County Service
District, withdrawal of all territory from the existing Deschutes County 9-1-1 Service District and the
dissolution of the existing District shall be held at 10:00 am on February 8, in the Deschutes County
Board Hearing Room, 1300 NW Wall St., (First Floor), Bend, Deschutes County, Oregon.
Section 9. The land use compatibility statement regarding this proposed special district fornlation
as contemplated in ORS 197.175, economic feasibility analysis, staff reports and resolutions approving the
proposed fOfOlation fTOm the public and private safety agencies are approved as findings and evidence in
support of approval of the foonation proposaL
Section 10. The County Legal Counsel shall publish notice of the public hearing and take all
such other steps as are required and appropriate to conduct a second public hearing on formation of a
new county service district for emergency communications and simultaneous withdrawal of properties
from the existing district.
Dated this 18th day of January, 2012 THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY ALSO ACTING AS
THE GOVERNING BODY OF THE
DESCHUTES COUNTY 911 SERVICE
DISTRICT
ANTHONY DEBONE, Chair
--~-~~--~--~-~-~---------
TAMMY BANEY, Vice-Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Page 2 of2 -ORDER NO. 2012-006
Deschutes County as described in ORS 201.090.
Order 20 l2-006
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