HomeMy WebLinkAboutRes 013 - BBRSD Law Enforcement LevyDeschutes 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 February 25, 2015
DATE: February 11,2015
FROM: David Doyle Legal 388-6625
TITLE OF AGENDA ITEM:
Board Resolution No. 2015-013, A Resolution submitting to the voters in the Black Butte Ranch
Service District an election on renewal of a five-year local option levy to fund law enforcement
servIces.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
See Resolution 2015-013. Passage of this measure at this election will not require a 50 percent voter
turnout. The Distirct will use the revenue from the five-year local option tax to maintain 24-hour
patrols, 7 days a week.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Consideration and signature of Resolution 2015-013 submitting to the voters in the Black Butte Ranch
Service District an election on renewal of a five-year local option levy to fund law enforcement
services. [Action undertaken as the governing body of the Black Butte Ranch Service District.]
ATTENDANCE: Chief Denny Kelley, BBR PD
DISTRIBUTION OF DOCUMENTS:
County Counsel
County Clerk
Chief Kelley
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE DISTRICT
A Resolution Submitting to the Voters in the *
Black Butte Ranch Service District an Election on * RESOLUTION NO. 2015-013
Renewal of a Five-Year Local Option Levy to *
Fund Law Enforcement Services *
WHEREAS, the Governing Body of the Black Butte Ranch Service District (HGoverning
Body'), has detennined that renewal of a five year levy should be submitted to the qualified voters of
the Black Butte Ranch Service District ("District) as established by Section 11, Article XI of the
Oregon Constitution in order to pennit the proper operation of the District; and
WHEREAS, the Governing Body considers adequate funding to maintain law enforcement
services in the District as necessary and in the public interest; and
WHEREAS, the Governing Body finds that anticipated revenues are insufficient to provide
adequate services without the funds generated by a special tax levy; and
WHEREAS, the Governing Body detennines that a renewal levy with $0.55 per $1,000 of
assessed value levied within the District is necessary to maintain current service levels; and
WHEREAS, it is necessary to submit the question of authorizing renewal of a five-year levy to
the registered voters of the District, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as the GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE
DISTRICT, as follows:
Section 1. Findings. The Governing Body makes the findings/arguments set forth In
Exhibit "A," attached hereto and by this reference incorporated herein.
Section 2. Form of Question. The County Clerk shall submit to the registered voters of
Black Butte Ranch Service District, Deschutes County, Oregon, for their approval or rejection, the
measure set forth in Exhibit "B," attached hereto and by this reference incorporated herein.
Section 3. Date ofElection. The measure set forth in Exhibit "B" shall be submitted in the
manner prescribed herein to the qualified voters of the District, at the election to be held May 19, 2015.
PAGE IOF2 RESOLUTION NO. 2015-013 (02/25/2015)
Section 4. Ballots. The County Clerk shall clearly and boldly print the words
"CONTAINS VOTE ON RENEWAL OF CURRENT LOCAL OPTION TAXES" in red ink on the
outer envelope of ballots to be mailed to registered voters.
Dated this ___ of February, 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON, as the
GOVERNING BODY OF THE BLACK BUTTE
RANCH SERVICE DISTRICT
ANTHONY DeBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
PAGE20F2 RESOLUTIONNO.2015-0I3 (02/25/2015)
EXHIBIT "A"
FINDINGS/ARGUMENTS
The current assessed value of Black Butte Ranch is $586,946,736. The District's current tax levy has a
cap of $1.0499 per $1,000 assessed value. In 2010 the voters approved a local option levy of an
additional $.55 which expires this year. State law limits increases in assessed valuation to 3% per year.
In addition, the assessed value of houses that are upgraded by remodeling may go up more than 3%
and newly constructed houses are added to the tax base. Since Black Butte Ranch is nearly built out,
assessed values are limited to 3% plus an amount based on remodels and new construction. The
expected increase in assessed value is anticipated to be approximately 3.25% per year. Once the
current local option levy expires this year, revenues would no longer cover operating expenses at
current service levels.
In addition, the District has a five year contract with the police officer's union that expires on June 30,
2015. By state law, police are not allowed to strike, but in return, they must be compensated
commensurate with other departments of similar size located in similarly populated communities. A
new contract based upon an increase in compensation levels would increase the cost of operations.
Maintaining tax revenues through renewal of this local option levy is necessary in order for the
department to sustain its current police staffing level.
Approximately 150 of the 1251 home sites are occupied year round. That leaves 1101 vacant homes
during much of the year. Vacant homes are vulnerable to theft, burglary or persons who unlawfully
take up residence and occupy them. The District's population is aging and its patrol officers are often
first on the scene in the event of a medical emergency. They are equipped with, and are trained to use,
defibrillators which may be needed by a resident placing an emergency call. During the busy months,
Black Butte Ranch also has many children using its recreational facilities and a police presence is
necessary to discourage those who may harm these children.
Since approximately 74% of the District budget relates to payroll items, if revenues are not maintained,
a reduction in personnel may be necessary. Currently the District provides 24-7 patrols, but if renewal
of the levy does not pass, there may be periods of time when no officer is on duty. A reduction of
police presence on the Ranch might result in unacceptable delays in response time and increased risk
of injury to persons and property.
Passage of this tax measure would enable the District to maintain around the clock patrols, and current
levels of security service on behalf of Black Butte Ranch homeowners, guests and their property.
Submitted by
Black Butte Ranch Service District Managing Board
Exhibit "A"-Page I ofl-Resolution 2015-013 (02125/2015)
NOTICE OF MEASURE ELECTION SEL 803
District rev. 0lfl4 ORS 250.035,250.041,
255.145,255.345
IN'! otIce
i Date of Notice I Name of District ! Name of County or Counties Date of Election
I February 25,2015 Black Butte Ranch Service District 'Deschutes I May 19,2015
i The following is the fmal ballot title ofthe measure to be submitted to the district's voters.
Ballot Title (prepare with assistance from the district attorney or an attorney employed by the district.)
• CAPTION (10 words which reasonably identifies the subject of the measure)
Black Butte Ranch Service District Five-Year Local Option Levy Renewal
I QUESTION (20 words which plainly phrases the chief purpose of the measure)
I Shall the District renew its five-year local option tax at $.55 per $1000 for operations starting in 2015-2016?
I This measure renews current local option taxes.
I
• SUMMARY (175 words which concisely and impartially summaries the measure and its major effect)
The District would use revenue from renewal of the five-year local option tax to maintain 24-hour patrols, 7 days
a week. The District's current yearly revenue increases are approximately 3-3.5% per year. Approval of the
proposed renewal rate would generate approximately $315,133 in 2015-2016, approximately $325,375 in 2016
• 2017, approximately $335,950 in 2017-2018, approximately $346,868 in 2018-2019, and approximately
$358,141 in 2019-2020. On a $500,000 horne, the assessment would be $22.92 per month or $275 per year.
, The estimated tax cost for this measure is an ESTIMATE ONLY based on the best information available from
the county assessor at the time of estimate.
I EXPLANATORY STAT EMENT (500 word, that ""part ially explains the measure and its effect. if cequired attac h to th is fonn)
If the county is producing a voters' pamphlet an explanatory statement must be submitted for any measure referred by the district
, governing body and if required by local ordinance, for any initiative or referendum.
Measure Type County producing voters' pamphlet Local ordinance requiring submission , Explanatory statement
required
• Referral
o Initiative
o Referendum
• Yes
DYes
DYes
oNo
oNo
oNo
DYes
DYes
Not applicable
loNo
loNo
• Yes
DYes
i 0 Yes
loNo
i oNo
loNo
Authorized District Official (not required to be notarized)
By signing this document, I hereby state that [ am authorized by the district elections authority to submit this Notice of Measure Election and I certifY the above ballot
title is true and complete.
Name I Title Work Phone
I
Anthony DeBone I Chair, Deschutes County BOCC
!
541-388-6568
February 25, 2015
Signature Date Signed
Exhibit "SH,Page 1 of 2-Resolution 2015-013 (02/25/2015)
I
EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2015)
Ballot Title Caption: Black Butte Ranch Service District Five-Year Local Option Levy
Measure Number: ________ Word Total (500 Maximum
(Explanatory Statement Shall Be Typed)
The Black Butte Ranch Service District (the "District") provides police services to
its residents. The District's current tax levy is $1.0499 per $1000 of the assessed
value of property in the District.
In 2010 the voters within the District approved a local option levy of $0.55 per $1000
of assessed value. That levy expires in 2015; the District is now requesting a renewal of
the local option tax to maintain existing operations. The proposed r en e w a I 0 f
the local option tax is $0.55 per $1000 of assessed value of property which is the
same rate as the expiring levy. On a $500,000 home, the assessment would be $22.92
per month or $275 per year. The proposed r e new a I levy will generate
approximately $315,133 in 2015-2016, approximately $325,375 in 2016-2017,
approximately $335,950 in 2017-2018, approximately $346,868 in 2018-2019, and
approximately $358,141 in 2019-2020.
Approximately 74% of the District's budget is spent on payroll and related costs.
The District currently has seven sworn law enforcement officers and one
administrative person on staff. There is a minimum of one officer on patrol at all
times.
The District has a $0.55 local option tax that expires this year. If this local option tax
renewal is not approved, there will be a budget shortfall. One option to address the
shortfall would be a reduction in patrol hours.
Person responsible for the content of the Explanatory Statement:
(Typed) Anthony DeBone, Ch(:l,ir
(Signed) X _________________________
BOCC of Deschutes County, Oregon as the Governing Body of the Black Butte Rancb Service District
Name of the Governing Body the person represents.
Exhibit UaU_Page 2 of 2-Resolution 2015-013 (02/25/2015) I
