HomeMy WebLinkAboutOrder 011 - Form 911 Svc DistrictDeschutes 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 Feburary 8, 2012 @ 10:00 Please see directions for completing this document on the next page. DATE: February 1,2012. FROM: Laurie Craghead Legal Phone # 541-388-6623 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Board Signature of Order 2012-011, Final Approval of Formation of a Deschutes County Chapter 451 Service District for Emergency Communication Services and Withdrawal of Properties Currently in the Emergency Communications Services District in Deschutes County. PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: 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 of formation from the public and private public safety agencies in the County. On January 18,2012 the Board held a public hearing and adopted Order No. 2012-006 approving formation and withdrawal. As required by state law, the Board ordered this second public hearing. The existing district has a permanent rate limit of only $.1618 per $1000 assessed value. Since this is not adequate to provide 9-1-1 services, the district relies on periodic approval of local option levies. The current local option levy is for $.23. 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 approving formation included a permanent tax rate of $.3 9 per $1000 of assessed valuation, but it is anticipated that the new district initially would levy only at a $.33 rate for the first year. This is because the new district could use the contingency funds of the old district being held in reserve in case the existing district's local option levy was not renewed. Since the new district would have a permanent tax rate providing adequate long-term stable funding, such a large contingency would no longer be needed. 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 County Commissioners would serve as the governing body of the new district. 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. At the conclusion of the hearing, the Board may adopt a final order approving formation and withdrawal, adopting a boundary and permanent rate limit and directing legal counsel to return to the Board with a ballot title and explanatory statement for Board consideration .. FISCAL IMPLICATIONS: Deschutes County has incurred staff time in gathering and analyzing the information necessary for the Board and public to consider formation and publishing required notices. 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. RECOMMENDA TION & ACTION REQUESTED: Motion to approve signature of Order 2012-011 ATTENDANCE: Laurie Craghead DISTRIBUTION OF DOCUMENTS: Georgia Springer -Legal Department, ASAP, please R~ LEGAL COUNSEL For Recordin Stamp Onl 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 * District for Emergency Communication * ORDER NO. 2012-011 Services and Withdrawing Properties * Currently in the Deschutes County 9-1-1 * Service District. * WHEREAS, the Board of County Commissioners ("Board") initiated formation of the Deschutes 9-1-1 County Service District by Order No. 2011-027 and on January 18, 2012 conducted a public hearing on the proposed formation, withdrawal of all territory in Deschutes County from the existing Deschutes County 9-1-1 Service District and a permanent tax rate limit and, by Order No. 2012-006 approved formation, withdrawal and a permanent rate limit and as required by law scheduled a second public hearing on February 8, 2012; and WHEREAS, the Board, having provided two public hearings and received input from staff and interested persons finds that it is in the public interest to present to the electors an option to provide long-term stable funding for emergency communications; 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 hereby approved. Section 2. The withdrawal of all property in the existing emergency communications 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 existing district in Jefferson County shall be presented to the electors at the November 2012 election, and, if approved, this would result in one emergency communications service district serving all of Deschutes County and the Camp Sherman area of Jefferson County. Section 4. The name of the proposed district shall be the Deschutes 9-1-1 County Service District and the boundary shall be substantially as legally described in Exhibit "A" and depicted on the map Exhibit "B," both exhibits being attached hereto and by this reference incorporated herein. Page 1 of2 -ORDER NO. 2012-011 Section 5. The proposed Deschutes 9-1-1 County Service District, if formed, will have a permanent rate limit for operating taxes of $.39 per $1,000 assessed value that, if fully levied, would raise an estimated $6,874,205 in operating funds for the district in the 2012-2013 fiscal year. Section 6. If long-term stable funding is approved by the voters, however, the district will be in a position to use a substantial portion of its existing contingency funds for operations, such that it is the intent of the Board to levy only $.33 per $1000 assessed value in the initial years that would raise an estimated $5,816.635 in operating funds for the 2012-2013 fiscal year. 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. The County Legal Counsel shall prepare for consideration by the Board a draft ballot title, explanatory statement and an order calling for a May 15, 2012 election on formation and withdrawal. Dated this __ day of February, 2012 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ALSO ACTING AS THE GOVERNING BODY OF TI-IE DESCHUTES COUNTY 911 SERVICE DISTRICT ANTHONY DEBONE, Chair ALAN UNGER, Vice-Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Page 2 of2 -ORDER NO. 2012-011 I Deschutes ('mUlty as described in ORS 201.090. 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