HomeMy WebLinkAboutOrdinance 004 - Set Fees Semi-Annually 1Deschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 6, 2010
Please see directions for completing this document on the next page.
DATE: December 22, 2009
FROM: Dave Kanner. County Administrator X6565
TITLE OF AGENDA ITEM:
Consideration of first reading by title only of Ordinance 2010-004, Amending Deschutes County C‘ ide
Chapter 4.12 to Allow for Setting Fees Semi-annually.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
In 2009, the Oregon Legislature adopted Senate Bill 916 to amend ORS 203.114 to allow counties io
set fees every six months instead of every year. That amendment is effective January 1, 2010. The
County Code in Chapter 4.12, however, only authorizes setting the fees once a year and needs to be
changed to take advantage of the new statute. The text amendment is written to still provide for the
mandatory setting of fees on July 1 but a permissive setting of fees on January 1 of each fiscal year
Additionally, the use of "fee" and "charges" in DCC Chapter 4.12 was inconsistent throughout the
chapter. Thus, a new, broad definition of "fee" was added to the proposed text and that term is used
throughout the chapter.
Because the first time the semi-annual setting of fees mid -fiscal year will occur in January 2011, th.;
ordinance can be adopted in the normal course with the first reading on January 6, 2010, second reading
and adoption at least 13 days later and the effective date 90 days after the adoption of the ordinance.
FISCAL IMPLICATIONS:
This will allow the county to raise, lower, add or eliminate fees twice a year instead of once a year in
response to changes in the county's costs that may fluctuate throughout the year.
RECOMMENDATION & ACTION REQUESTED:
The Board approve the Chair conducting the first reading of the ordinance by title only.
ATTENDANCE: Dave Kanner
DISTRIBUTION OF DOCUMENTS:
Copy e-mailed to Dave Kanner
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Chapter 4.12 to Allow for Setting Fees
Semi -Annually.
ORDINANCE NO. 2010-004
WHEREAS, in 2009, the Oregon Legislature adopted Senate Bill 916 which, among other things,
amended ORS 203.115 to reduce the time from setting a fee to changing a fee from one year to six months; and
WHEREAS, changes to Deschutes County Code Chapter 4.12 are necessary to allow for setting fees
semi-annually and to correct inconsistent use of terms; and
WHEREAS, the Board of County Commissioners finds that reviewing the fees more frequently than
annually and having the option of adding fees, or changing fees six months after previously setting its fees
allows the County to make more timely adjustments that may be necessary for conducting County business and,
therefore, is in the public interest; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 4.12.010 is amended to read as described in Exhibit "A" attacled
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
strilfetl}rettgh.
Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
PAGE 1 OF 2 - ORDINANCE NO. 2009-004 (01/06/10)
Date of 1 s` Reading: day of , 2009.
Date of 2nd Reading: day of , 2009.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2009.
PAGE 2 OF 2 - ORDINANCE NO. 2009-004 (01/06/10)
Chapter 4.12. SERVICE FEE ADJUSTMENTS
4.12.010. Annual Review.
4.12.020. Fee Changes -Departmental Analysis.
4.12.030. Annual Adjustment.
4.12.040. Adjustments -Hearing.
4.12.050. Publication and Distribution.
4.12.060. Emergency -New Fees -Duration.
4.12.070. Temporary Reduction -Duration.
4.12.080. Current Fees.
4.12.090. Actual Cost Service Fees.
4.12.005 Definitions
"Fee" means, for purposes of DCC Chapter 4.12, a fee for service or charge for goods and materials.
4.12.010. Annual Review.
A. Fees and charges for services shall be reviewed annually for compatibility with the actual cost of
providing services, goods and materials prior to April 1st of each year, and shall be adjusted and set as
of each July 1'.
B. Fees may also be reviewed semi-annually for compatibility with the actual cost of providing service and
may be adjusted and set as of January 1
(Ord. 2010-004 §1, 2010, Ord. 85-005 §1, 1985)
4.12.020. Fee changes -Departmental Analysis.
Prior to April 1st of eEach year, prior to a date specified by the County Administrator, each department
responsible for the charging of a fee or charge for service shall submit to the County Administrator an
analysis, on forms to be provided by the County Administrator, the fees currently being charged, the actual
cost of the services provided, and the recommended fee adjustments, if any.
(Ord. 2010-004 §1, 2010; Ord. 2007-002, §2, 2007; Ord. 85-005 §2, 1985)
4.12.030. Semi -Annual Adjustment.
For Any fees for which no new—feechange is recommended by a department head;
with -nay be made -adjusted semi-annually based on the applicable Consumer Price Index (CPI) for all urban
consumers, as compiled and published by the United States Department of Labor, Bureau of Labor
Statistics, as of the prior December for the July 1 setting of fees and June for the January 1 setting of fees.
(Ord. 2010-004 §1, 2010; Ord. 95-029 §1, 1995; Ord. 85-005 §3, 1985)
4.12.040. Hearing.
A. Except as provided in DCC 4.12.060, Tthe Board shall set for hearing, prior to May 1st of each year, all
adjustments to fees and charges for services, and all new fees and charges for services.
B. Except as provided in DCC 4.12.060, Ffees and charges for services may be amended or added after a
hearing by the Board by a proper resolution adopting the fees and charges for service:,.
(Ord. 2010-004 §1, 2010; Ord. 85-005 §4, 1985)
4.12.050. Publication and Distribution.
A. The County Administrator shall compile and publish a compilation of all County fees
services as of each July 1st, and shall disseminate such compilation to all County departments.
Chapter 4.12 (01/207/107)
Page 1 of 2 — Exhibit A to Ordinance 2010-004
B. If semi-annual fees are set as of January 1, the County Administrator shall compile and publish a
compilation of all County fees as of each January 1st, and shall disseminate such compilation to all
County departments.
(Ord. 2010-004 §1, 2010; Ord. 2007-002, §2, 2007; Ord. 85-005 §5, 1985)
4.12.060. Em gene, New Fees -Duration.
A. Emergency New fees may be adopted administratively at any time by the County
Administrator or the Board .. ..
B. When a service, good or material is requested and no fee has been adopted by the Board, the -Ey
the Board or the County Administrator as authorized by DCC 4.12.060(A)
shall declare a fee, which shall be based upon the work to be performed and cost of providing the
service, good or material. Any fcc charged by the County which is established or authorized by any
C. The County Administrator is authorized to receive and review any public comment required by ORS
294.160 or its successor prior to adopting new fees administratively.
(Ord. 2010-004 §1, 2010; Ord. 2007-002, §2, 2007; Ord. 88-037 §1, 1988; Ord. 88-001 §1, 1988; Ord.
85-005 §6, 1985)
4.12.070. Adjustments for State and Federal Fees.
exceed one year. Temporary aAdjustments may be made administratively by the County Administrator,
without public comment, to any fee amended in whole or part by any federal agency, state agency or the
Legislative Assembly of the state, or any state agency or federal agency, to the extent such fees are adjusted
by the federal agency, state agency or Legislative Assembly of the state, state agency or federal agency.
(Ord. 2010-004 §1, 2010; Ord. 86-046 §1, 1986: Ord. 85-005 (part), 1985)
4.12.080. Current Fees.
All fees for service now in effect are ratified, and shall remain in full force and effect unless amended by
resolution of the Board.
(Ord. 85-005 §7, 1985)
4.12.090. Actual Cost Service Fees.
A. Any fees set pursuant to this chapter DC-4.12.040--and—any fce adopted
administratively pursuant to DCC 4.12.060 may be designated as an "Actual Cost FeeService" fee,
which may be abbreviated "ACS". This designation shall follow the fee prescribed.
B. Any fee designated "Actual Cost Service" or "ACS" shall constitute a deposit against which County
staff and consultants shall charge their time spent on each application, petition or service request.
C. Any amounts of an "Actual Cost Service" or "ACS" deposit which exceed the actual cost of service as
determined by the time charged by the County staff and consultants on the application, petition of
service requested shall, within 60 days of the final decision or action of the County approving of
denying of the application, petition or service request, be refunded to the person or firm making the fee
deposit.
D. For any "Actual Cost Service" or "ACS" fee, County staff and consultants shall keep a written record o!'
their time spent on each application, petition or service request.
E. Each department head is authorized and directed to require each applicant, petitioner or requester for an:
of the services designated "Actual Cost Service" or "ACS" to agree that, as a condition of receipt of the
application, petition or service request, any documented costs which exceed the deposit shall be due an(
payable to the County upon demand upon final decision or action of the County on the application
petition or service request.
(Ord. 2010-004 §1, 2010; Ord. 91-022 §1, 1991)
Chapter 4.12 (01/207/1071
Page 2 of 2 — Exhibit A to Ordinance 2010-004