HomeMy WebLinkAboutOrder 027 - Initiate Formation of Svc Dist - Chg 911Deschutes 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 December 19,2011
Please see directions for completing this document on the next page.
DATE: December 13,2011.
FROM: Laurie E. Craghead. Legal Counsel Phone 541-388-6623
TITLE OF AGENDA ITEM:
Approve signature of Order No. 2011-027 -An Order Initiating Formation of a Deschutes County
Chapter 451 Service District for Emergency Communication Services, Initiating Withdrawal of
Properties Currently in the Emergency Communications Services District Formed by Deschutes County
9-1-1 Service District, and Setting a Public Hearing.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The existing Deschutes County 911 County Service District includes all of Deschutes County and the
area including and slightly beyond the Camp Sherman area in Jefferson County. It has a permanent real
property tax rate cap of $.33 per $1000 of asssessed valuation. State law no longer permits the voters to
decide whether to increase the permanent funding for an existing district. Approval of this agenda item
initiates the process to place before the voters a proposal to form a new district in Deschutes County
with a new permanent tax rate cap of $.39. If the voters approve the formation of the new district, all
property in Deschutes County would be withdrawn from the existing district.
Although the new permanent tax rate will be effective beginning for the 2012/2013 tax year, it is
anticipated that the new district will initially continue to levy the existing $.33/$1000 of total assessed
value rate. The proposed cap 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.
The formation process requires at least two public hearings. If the Board approves of formation, the
measure would go to all Deschutes County voters in May 2012. At the November 2012 election, the
voters in the Jefferson County portion of the existing district would be asked to merge with the new
district. At that point the existing district would be completely dissolved. When the Jefferson County
portion is merged with the new district, the permanent tax rate for the Jefferson County portion will
remain at $.33/$1000 until the 2013/2014 tax year.
Also included in this packet is the required Economic Feasibility Statement showing the viability for
the next ten years of the new proposed permanent tax rate.
FISCAL IMPLICATIONS:
The fonnation of the new district will allow for the district to increase its revenue in the future as
expenses increase. The district, however, does not intend to increase the tax levy beyond the existing
$.33/$1000 for the first year. Additionally, the Jefferson County portion of the new district will remain
at the existing pennanent tax rate until the 2013/2014 tax year.
For the costs directly to Deschutes County for the fonnation, dissolution and merger process, the
County already has and will incur staff time in gathering and analyzing the infonnation necessary for
the Board and public to consider fonnation. Outside counsel has been retained to provide advice on the
formation process and to draft various documents. The cost for the outside counsel is expected to be
approximately $3,000. Costs will also be incurred for newspaper and posted public hearing notices.
A portion of the cost of the May 2012 election would be assessed to the County. If the voters approve
fonnation of the new district, however, the new district is required to reimburse the county for the costs
of formation, including the election.
RECOMMENDATION & ACTION REQUESTED:
Approve signature of Order 2011-027.
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS:
Laurie E. Craghead.
REVIEWED
.~
LEGAL 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 Initiating Formation of a Deschutes *
County Chapter 451 Service District for *
Emergency Communication Services, * ORDER NO. 2011-027
Initiating Withdrawal of Properties Currently *
in the Emergency Communications Services *
District formed by Deschutes County 9~1-1 *
Service District, and setting a Public Hearing *
WHEREAS, an adequate 9~1~1 emergency reporting system literally can mean the difference
between life and death for residents and is critical to protecting property, the environment and to
providing efficient and effective emergency services; and,
WHEREAS, state law does not permit the electors of the existing service district to vote on
whether to update the current permanent funding for the district so as to provide an adequate level of
emergency communications services; and,
WHEREAS, the Board of County Commissioners ("Board") is in receipt of an economic
feasibility study indicating that a new district, if funded, could, in addition to enhancing emergency
communications services generally, add consolidated voice and data radio infrastructure and
maintenance not currently being provided.; and,
WHEREAS, the Board is in receipt of certified copies of resolutions approving this Order from
the governing bodies of each city to be included in the proposed district, together with the written
approval from the governing bodies of at least two-thirds of the public or private safety agencies to be
included in the proposed district representing two-thirds of the population within the proposed district;
and
WHEREAS, state law, including ORS 198.835 and ORS 198.720, authorize this Board to
initiate formation of a new county service district to replace the existing district provided that
withdrawal of properties in the existing district also is proposed; and,
WHEREAS, if the electors approve formation of a replacement district, the new district should
assume all of the authority and responsibility for providing emergency communication services; and
Page 1 of2 -ORDER NO. 2011-027
WHEREAS, if the electors approve formation of a replacement district, that portion of the
existing district in Jefferson County would continue, with the intent that the voters be provided an
opportunity in November of 2012 to merge it into the replacement district and the entire existing
district be dissolved pursuant to ORS 198.820; 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 hereby is initiated.
Section 2. The withdrawal of all property in the existing emergency communications district in
Deschutes County is proposed to occur simultaneously with the formation of a new district.
Section 3. Should the new district be formed and funded, a merger of the remaining portion of
the district in Jefferson County would be proposed such that the existing district would no longer be
necessary for the purposes for which it was formed 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.
Section 4. The name of the proposed district shall be the Deschutes 9-1-1 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.
Section 5. The proposed Deschutes 9-1-1 Service District, if formed, will have a permanent rate
limit for operating taxes of $.39 per $1,000 assessed value that will raise an estimated $5,039,931 in
operating funds for the District in the 2012-2013 fiscal year.
Section 6. The final name, boundary and permanent tax rate are subject to change in response
to public testimony during the formation process as provided by law.
Section 7. The Deschutes 9-1-1 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. That an initial hearing regarding formation of the Deschutes 9-1-1 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 5:30 pm on January 18, 2012 in the Deschutes
County Board Hearing Room, 1300 NW Wall St., (First Floor), Bend, Deschutes County, Oregon.
Section 9. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to January 18, 2012, a land use compatibility statement regarding
this proposed special district formation as contemplated in ORS 197.175 and any other applicable
statutory authority.
Page 2 of2 -ORDER NO. 20}}-027
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 initiate formation of a new county service district
for emergency communications and simultaneous withdrawal of properties from the existing district.
Dated this __ day of December 2011 THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY ACTING AS THE
GOVERNING BODY OF THE DESCHUTES
COUNTY 911 SERVICE DISTRICT
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice-Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Page 3 of2 -ORDER NO. 2011-027
Deschutes County as described in ORS 201.090.
Order 2011-027
Exhibit A -Page 1
127H
1807
186H
2 1
t -~
J., 2207
\.C.
1108 1109
1208 1209
1509 J
1609
1709
1909
2009
2108 2109
-r-~-I-
1110
1210
1310
1410
1610
1710
1810
1910
2010
2110
1111 1112
1211 1212
1311 1312 1313 ...__.......
I 1412
his portion of the District is defined by the boundaries
of Deschutes County as set out in ORS 201.090
1411
1511 1512
1711
1912
2012
2111 2112
2211 2212
-..
-='J ""
2412
10
1416 1417 1420 1421 142t
'·····1• Proposesd District Boundary••_11
State Highways
L_____ _!Township and Range
1719 1720 1721
1816 J 1'1 I817 J 1818
I I
1819 • .::~.ifil· -.r-ll ~ • j
1917 :.l1918L 1919P 1920
.......... • ••• _ October 12 . 2011
N
1815
••15_
1913
2013 2014 2015 2016 2019 2020 2021 2022 2023
2113 2114 2115 21 16 2117 2118 2121 2122 2123
'~~.._."_.II ..
2213 2214 221 5 2216 2217 2218 2219 2220 2222 2223
'...IiIW··'·'-i·-~!HI--··"'····
I 2313 I 2314 2315 : 2316 I 2317 I
.._' ...........,
I....~~-
2318
2413 2414 2415 i 2416 2417 2418
20 30 40
2319
2419
50
M iles
2320
1124
1224
1324
1424
1524
1824
1
1924
2024
2124
2224
1
1 24~
Q)
Ol
III
[l
eo
x w
r:.:
N
9 -a
N
G;
"E o
Deschutes County 9-1-1 Service District
20355 Poe Sholes Dr., Ste. 300· Bend, Oregon· 9770']
Robert J Poirier, Director
Economic Feasibility Statement for District .Formation
I. Summary Statement
The pem1anent tax rate (PTR) for the Deschutes County 9-1-1 Service District (former District) was established in
1988. Since then, the population within the former District's boundaries grew well beyond what was expected.
Therefore, the originally established PTR has been inadequate for several years, resulting in the need to seek local
option levies every five years in order to pay for the increase need for services. Accordingly, the former District's
funding was not completely stable because of the uncertainty each time as to whether or not the voters would
approve the additional levies. Forming a new Deschutes 9-1-1 Service District (District) with an increascd PTR
will eliminate most of the funding uncertainty and, therefore, better allow the District to budget for providing the
emergency services vital to area.
Budgeting for the District will be based on revenues received from tax collection, State 9-1-1 telephone tax, user
and contract fees and other miscellaneous revenue. The basis for the determination of the proposed permanent tax
rate is the ongoing and future operations of the current former District and the services provided by that District.
Said services include: 9-1-1 call answering and all functions of a Public Safety Answering Point (PSAP) as defined
by Oregon Law. Dispatch services to all public safety entities within the District boundaries. The District may
also serve to provide infrastructure and maintenance of a District-wide or regional radio system capable of
handling both voice and data transmission.
II. Service/Function Analysis
The basic 9-1-1 call taking and dispatch services the District proposes to provide are that of the former District with
the exception of the additional potential to expanding the services of the District to include voice and data radio
infrastructure and maintenance. The current providers of said voice and data radio infrastructure are either
individual agencies or agency cooperatives pooling resources to provide such infrastructure and maintenance.
Currently there is no District wide entity that provides a consolidated voice and data radio infrastructure or
maintenance.
Ill. Budget Analysis
The proposed first year line item budget and third year budget projection is attached.
Robert J. Poirier, Director
Emergency Dial 9-1-1
DESCHUTES COUNTY -BUDGET WORKSHEET
Feasibility Statement
Fund 705 -RESOURCES
FY 2013 FY 2016 Account Number Account Description Requested Projection
705-0000-301 00-00
705-0000-311 .10-00
705-0000-311.10-50
705-0000-311.15-00
705-0000-331 .01-00
705-0000-335.21-00
705-0000-335.91-00
705-0000-339.15-00
705-0000-339.20-00
705-0000-342.20-00
705-0000-342.34-00
705-0000-343.12-00
705-0000-343.13-00
705-0000-361 .11-00
705-0000-361.12-00
Beg Net Working Capital
Property Tax Collections
Other Tax Distribution
Prior Year Tax Collection
Federal Grants
State Reimbursement
Telephone Tax
Data Network Reimb
Jefferson County
User Fee
COPS Reimbursements
Contract Payments
Miscellaneous
Int on Pooled Investments
Interest on Unseg Tax
7,329,496
5,039,931
200,000
36,000
750,000
27,200
35,000
52,000
208,950
32,000
9,000
40,000
80
4,872,757
5,362,449
150,000
36,000
750,000
29,648
38,150
56,680
227,756
34,880
9,810
38,000
80
Total Resources for Fund 705 13,759,657 11,606,210
Based on $0.33/$1,000
2/11/20112:08:17 PM Page 1 of 1