Order No. 2014-0035

An Order establishing a public safety fee (PSF) in the amount of two ($2.00) dollars per residential meter equivalency (RME) per month for the purpose of funding two communications officer positions

Recitals:

1.      The city has had a long-standing need for additional communications officers.  Both a Staffing Study conducted in 2010 and an ad hoc report from Oregon Emergency Management, prepared July 2014, indicates Newberg-Dundee 9-1-1 is significantly understaffed when compared to other PSAPs (Public Safety Answering Point) in Oregon of comparative size. 

2.      To provide an adequate level of 9-1-1 services, it is necessary to provide stabilized funding for an existing communications officer and to hire an additional communications officer.

3.      Call volume, population, activities, and field personnel have increased over time while staffing of the dispatch center has remained stagnant.

4.      No new personnel have been added to the dispatch center since 2005.

5.      The City Council adopted Ordinance 2009-2714, which authorized the establishment of a public safety fee to fund police and fire services.  The ordinance provided a process for adopting a public safety fee.  The ordinance is hereby attached as Exhibit A and incorporated by reference.

6.      Support Services Manager, Mary Newell, provided a Memorandum/Administrative Report of the historical background and necessity of increasing staffing in the 9-1-1 dispatch center which is hereby attached as Exhibit B and incorporated by reference.

7.      The National Fire Protection Association requires two dispatchers on duty or in the operations room at all times (NFPA 1221, Operations, § Staffing 7.3.2*, 2013 Ed.).

8.      The city of Newberg Budget Committee and City Council adopted FY 14/15 budget based in part on adoption of this PSF.

9.      In accordance with the process established by ordinance, the City Council conducted on October 20, 2014, at the regular scheduled meeting, a public hearing to determine if the request for the PSF meets the criteria as provided for in the Newberg Code.  The format for that hearing is marked as Exhibit C, which is attached and incorporated by reference.  The criteria for establishing the PSF is listed in Exhibit A, Section 5 which has been codified in Section 36.37 of the Newberg Municipal Code, also contained in Exhibit A. 

10.  The council has taken into consideration the facts and information presented to them, as well as the testimony presented during the October 20th public hearing.

The City of Newberg orders as follows:

1.                  Recitals:  The recitals are hereby adopted by the city council and considered facts in the deliberation.

2.                  Public Safety Fee (PSF):  A PSF increase is hereby established and authorized to be charged as follows:

a.   Amount: Two ($2.00) dollars per residential meter equivalency (RME) per month will be charged on all water meters within the city of Newberg according to the following based on the Sixth Edition of the American Water Works Association (AWWA) Manual of Water Supply Practices (M1 Manual), table VI.2-5, Meter Equivalencies:

Meter Size

5/8” or ¾”

1”

1 ¼”

1 ½”

2”

3”

4”

6”

8”

10”

12”

Meter Equivalent

1.0

2.5

3.5

5.0

8.0

16.0

25.0

50.0

80.0

210.0

265.0

 

b.   The amount of the fee shall be adjusted on July 1, 2015, and annually thereafter, and shall increase or decrease in a percentage amount equivalent to the Portland CPI-U for the prior calendar year, as published by the U.S. Bureau of Labor Statistics.

c.   Responsible Party: The person(s), firms, corporation, or entity (hereinafter referred to as “person”) responsible for the water utility charge will be responsible for the PSF. If there is no water service to the developed property, the person with the right to occupy the developed property will be responsible for the PSF.

d.   Implementation: The PSF will be implemented and charged through the November 2014 water utility bill. However, the city manager (CM) has the authority to delay implementation if the CM deems it necessary, but the PSF will be implemented as soon as possible if delayed after the November billing.

e.   Expenditures: The revenue collected from the PSF will be used to stabilize the funding of the existing communications officer, and fund an additional communications officer, including all necessary expenses.

f.    PSF Designation:  The PSF will be referred to as Communications Officer Public Safety Fee (COPSF).

3.         Administrative Report: The administration has presented to the city council an administrative report recommending an amount and the implementation of the PSF. The city council adopts the administration report, which is attached as Exhibit B and incorporated by reference.

4.         Hearing Format: Exhibit C is the hearing format to be used for this Order.

5.         Findings of Fact: The city council adopts the Findings of Fact as set forth in Exhibit D, which is hereby attached and by this reference incorporated. The Findings of Fact addresses the criteria for establishing the PSF. The council finds that the criteria for establishing the PSF has been met and satisfied.

6.         Administration: Under the authority of the CM, city administration is hereby delegated the authority to administer the PSF, including charging, collecting, and implementing the PSF. The CM is hereby delegated all necessary authority for implementation and administration of the PSF. Furthermore, the CM is delegated the authority to do all necessary acts; enter into all necessary agreements; and execute any other necessary documents for the implementation and collection of the PSF. This authority is in addition to the authority given to the administration under Newberg Code provision § 36.36 entitled, “Administration and Collection.” Furthermore, additional conditions for implementation and collection are presented in Exhibit E, which is hereby attached and by this reference incorporated. The authorized conditions are to be implemented by the administration.

7.               Appeal: Any dispute, claim, or other disagreement concerning the implementation, charges, and collection of the PSF including but not limited to determination of the number of RME’s; the amount of the PSF to be charged; the responsible party; and settlement of disputed claims will initially be made by the finance director. Appeal of this decision will be to the city manager. The city manager’s decision will be final.

Effective Date of this order is the day after the adoption date, which is: October 21, 2014.

Adopted by the City Council of the City of Newberg, Oregon, this 20th day of October, 2014.