Conversation between Mayor of North Bend & a Constituent.
Sent: Tuesday, April 25, 2017 3:04 PM
To: Rick Wetherell
Subject: Unconstitutional Taxs
Good afternoon Mr. Mayor,
This is your long time friend (foe in this case {:-) ) wondering where your constitutionality mind went.I believe these two assessments you & your council members have rubber stamped through the C.B.-N.B. Water Board are completely out of line with the majority of residents in our fine city. Lets have a vote on them both Mr. Mayor {:-).What is wrong with your mind?{:-) So if this was to go through as you and the council envision we could expect additional fees (taxes) at the will of the elected body at any time in the future without a vote by the people.
You may present this note to the council if you wish Rick. I really hope you & the council reconsider & let the residents of North Bend vote on each measure.
Regards,
Mike Schaer
Mr. Schaer: This is your forever friend-never your foe… I appreciate your concerns as I do every concern of every citizen of our city. First, let me tell you where my “mind” is. My mind has been on the 7o% increase in crime in our city over the past ten years. My mind has been on the safety of our dedicated police officers in an extremely under-manned police force... And finally, my mind has been on the safety of all North Bend citizens… Secondly, the last thing I would ever want to do as an elected official or private citizen is to initiate any action that is either illegal or unconstitutional. We have been advised by the city attorney that the fee assessment is neither. Thirdly, The council has been discussing, deliberating and calling for public input on this issue for over three months now and very few of the public have come forward. It was not an easy decision to make but it would appear that our ability as a city to provide public safety to our citizens is in crisis.. I might add that the water board has nothing to do with the fee but acts only as a collection agent. As for the street improvement fee, I have asked our city administrator to reach out to Coos Bay to see if we can come together to promote another attempt at establishing a gas task to put before a vote of the people. The condition of our streets is also in crisis mode… There is no intention of our council to assess future fees “at will”. If the method we have used is unacceptable to you, we would gladly listen to your solution.. Something had/has to be done…
Mike, I would suggest you contact our city administrator, Terrance O’Conner, at 541-756-8500, and arrange a meeting with him and perhaps the city attorney, Mike Stebbins.. I am always willing to meet with you, but as you know, I am but a worn-out English teacher/would-be-coach who has attempted to serve this city for almost twenty years now… Those two gentlemen would be better-versed and more capable of discussing your concerns than I.. Again, Than you for your input; you have made good points………. With respect and fond memories, Rick Wetherell
Questions on the Police Fee
Sent: Wednesday, April 26, 2017 1:31 PM
To: Ivan Thomas <[email protected]>
Subject: Inquiry on NB Fee
Inquiry on NB Police Fee
Hello,
How is the Water Department going to collect the $5 fee that is going to the NB police department?
How is that money going to be separated out from the regular water bill?
Is this money designated directly for only the NB police department, or can the city use the money at their own discretion?
If it is designated funding, can you send me the paper stating that fact?
Where does the CBNB Water Board get the authority to collect fees for other departments for the city and is this standard practice for city Water Boards in the state of Oregon?
Would NB allow the Police Department to collect fees for the Water Board?
This is my official request for any related documents pertaining to this subject. Please let me know if I will need to fill out a public records request and if so, please send me a link to the form?
Have a nice day.
Sincerely,
Rob Taylor
Answer from CBNB Water Board GM:
Mr. Taylor,
I understand your concern about the City of North Bend Police Fee that the Water Board would be billing and collecting for the City of North Bend. As of now, the City of North Bend has requested that the Water Board look into adding the fee to the City of North Bend residents combined utility bill. Currently, the Water Board is looking into the cost of the extra work that it would take to bill the fee on a monthly basis. The Water Board is municipally owned 50/50 by the City of North Bend and the City of Coos Bay. Typically, these types of fees are collected and then forwarded to the appropriate owner or City in this case. Once the fee collected is forwarded back to the City, the planning and funding are then in the City’s realm of responsibility. There will also be an agreement between the City and the Water Board for those billing and collection services. Those billing and collection costs are then paid back to the Water Board for its labor and administration of the billing services.
Below are questions to most of your answers. For those questions I cannot answer, you may want to contact Mr. Terence O’Connor, City Administrator, for the City of North Bend. [email protected] or 541-756-8536.
How is the Water Department going to collect the $5 fee that is going to the NB police department?
The Water Board would collect the fee from citizens living in the North Bend City limits only. Once an agreement is arranged with the City of North Bend for administration of the billing and collection of the fee, the Water Board will add the fee to the bill in a separate line on each North Bend utility bill. Once the fees are collected, they will be sent to the City of North Bend.
How is that money going to be separated out from the regular water bill?
It will be separated on a different line on the utility bill. It will be then collected using our standard collection process once the money arrives at the Water Board. When collected and accounted for, it will be sent to the City of North Bend.
Is this money designated directly for only the NB police department, or can the city use the money at their own discretion?
This question would be better answered by City of North Bend Administration. The Water Board does not control the operations or the financial planning for the City of North Bend.
If it is designated funding, can you send me the paper stating that fact?
This question would be better answered by City of North Bend Administration. The Water Board does not control the operations or the financial planning for the City of North Bend.
Where does the CBNB Water Board get the authority to collect fees for other departments for the city and is this standard practice for city Water Boards in the state of Oregon?
I would not call this an authority to bill for the City of North Bend, rather an agreement between the City of North Bend and Water Board. The City of North Bend is 50% owner of the Water Board, therefore, and the Water Board of Directors is comprised of Council Appointed Directors from both the City of North Bend and the City of Coos Bay. Currently, the Water Board does billing for both of the City’s sewer services and the City of North Bend storm sewer fees. As the Water Board is suited with the assets and infrastructure to bill on a regular basis, it is typically much more economical for the Water Board to Bill for City services, especially those that are billed on a monthly routine. It is typical for the municipally owned utility to handle billing for other City services such as sewer, storm sewer, trash collection, recycling fees, and other City functions that are ongoing.
Would NB allow the Police Department to collect fees for the Water Board?
As the Police Department or the City is not set up for utility billing services, I don’t think this question is applicable, or at least this is not typical in municipal government systems.
This is my official request for any related documents pertaining to this subject. Please let me know if I will need to fill out a public records request and if so, please send me a link to the form?
The Water Board does have a public records request form. However, I don’t really consider the answers I have given a public records request, as they are just in general, questions of curiosity about the upcoming North Bend Police Fee. Also, there are no official documents as of this date the Water Board holds for the billing of this Police Fee, as an agreement has yet to be signed between the City of North Bend and the Water Board for the billing services the City would be requesting from the Water Board.
I hope this helps answer all of your questions.
Respectfully,
Ivan Thomas
General Manager
Coos Bay North Bend Water Board
(541) 267-3128 ext-236
www.cbnbh2o.com
Answer from North Bend City Manager:
4/28/17
Mr. Taylor,
Thank you for your inquiry regarding the City of North Bend’s Public Safety Fee.
I have answered your questions in the same manner in which you presented them in your email. The City’s response are highlighted yellow.
How is the Water Department going to collect the $5 fee that is going to the NB police department?
The CBNBWB ( Coos Bay North Bend Water Board) through their regular monthly billing process to North Bend customers will bill, collect and disperse the collected fee to the City of North Bend in the same manner that they bill, collect and disburse city sewer fees and storm water fees back to the city.
How is that money going to be separated out from the regular water bill?
It shall be on a separate line on the utility bill identifying the fee and amount. As for the accounting of the funds collected it will be done through standard accounting procedures similar to the method the CBNBWB utilizes for billing, collecting and dispersing wastewater bills for both North Bend and Coos Bay cities as well as the storm-water fee for the City of North Bend.
Is this money designated directly for only the NB police department, or can the city use the money at their own discretion?
The use of the funds raised is designated by ordinance for public safety especially to offset the costs of additional police officers.
If it is designated funding, can you send me the paper stating that fact?
Ordinance 2009 an ordinance adding a new chapter, 13.30, to title 13 of the North Bend Municipal code, for the creation and administration of city services fees generally also Resolution no. 3219 A Resolution Adopting a Monthly Public Safety Utility Fee. Attached are the pdf files for each of those documents.
Where does the CBNB Water Board get the authority to collect fees for other departments for the city and is this standard practice for city Water Boards in the state of Oregon?
The City of North Bend pays CBNBWB for the service of including our charges on their water bills…they are acting as a contractor for the city as we will contract with CBNBWB to provide the billing/collecting service. The authority is in both the City Charter and the policies of the CBNBWB. CBNBWB is unique in the state as there is no other water board organized and operated like the CBNBWB, so a question with respect to what is standard practice with other water boards in the state is not possible. However, it is a standard practice for cities to utilize municipal utility bills as a mechanism to submit various municipal fees to the residents/customers. Examples of other fees levied in this manner by other cities in Oregon include garbage, electric, storm water, public safety and street maintenance.
Would NB allow the Police Department to collect fees for the Water Board?
The City cannot answer what the CBNBWB would or would not allow. In any event, the NBPD is not authorized to collect fees for the Water Board or any other agency or for the City of North Bend nor are they structured, trained or authorized to collect monies.
Sincerely,
Terence E. O’Connor
City Administrator
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