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Fire Service Steering Committee Minutes 08/15/1996 • STEERING COMMITTEE AUGUST 15, 1996 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT AT 1 LA PLAYA I. MEETING OPENED In attendance were: ASSISTANT CHIEF RODGERS,NORTH NAPLES FIRE DEPARTMENT FIRE MARSHAL KARL REYNOLDS, NORTH NAPLES FIRE DEPARTMENT WALT KISSEL, NORTH NAPLES FIRE COMMISSIONER ED MAGUIRE, NORTH NAPLES FIRE COMMISSIONER TOM CANNON, EAST NAPLES FIRE COMMSSIONER GREGG SPEERS, EAST NAPLES FIRE COMMISSIONER CHIEF SHANK, EAST NAPLES FIRE DEPARTMENT ASSISTANT CHIEF ROB POTTEIGER, EAST NAPLES FIRE DEPARTMENT RANDY LYONS, EAST NAPLES FIRE DEPARTMENT GAYLAND MOORE, EAST NAPLES FIRE DEPARTMENT ROB BOYER, EAST NAPLES FIRE DEPARTMENT CHIEF DON PETERSON, GOLDEN GATE FIRE DEPARTMENT ASSISTANT CHIEF GREG SWAB, GOLDEN GATE FIRE DEPARTMENT CHIEF VINCE DOERR, OCHOPEE FIRE DEPARTMENT PAUL WILSON, EMS SUPERVISOR BOB SALVAGGIO, SENIOR CUSTOMER SERVICE AGENT SUPERVISOR, COLLIER COUNTY ED PERICO, BUILDING REVIEW AND PERMITTING DEPARTMENT DIRECTOR, COLLIER COUNTY VINCE GAUTERO, ADMINISTRATOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, COLLIER COUNTY H. APPROVAL OF THE MINUTES Assistant Chief Rodgers made a motion that the minutes of last month's meeting be approved. Commissioner Kissel seconded the motion, and they were approved. III. FINANCIAL REPORT The Steering Committee paid for the glasses that were provided by the Florida Fire Chiefs' Conference in July, which was held at the Registry. There were no questions. IV. FIRE CODE INTERPRETER The attorney from Golden Gate made some changes to the Interlocal Agreement, and the agrecment is now in the hands of the County attorney. He will fine tune everything and make sure everyone is comfortable with the document. There was discussion regarding the changes that had been made. The document states that the building official will render his decision to the best of his ability to which code would apply. At that point a meeting would be held with the Board of Adjustments and Appeals to make the determination between the Board Restricted Code, and then the contractor would be bound by that code. Instead of having a contractor held up, he could start getting his site work done and everything else. The building official will be put down as making the decision to release the permit for whatever code he feels is the most restricted and at the point arrange a meeting with the Board of Adjustment and Appeals to get the final interpretation. Someone has to take the liability, and this language places the liability on the contractor. To summarize: The Building Official will make a decision, let the contractor proceed at his own risk and schedule a meeting with the Board of Adjustment and Appeals. Assistant Chief Rodgers stated that this is totally against the Statutes. The statute states that the building official and the fire official must go before the Board of Adjustment and Appeals before anything else proceeds. Assistant Chief Rodgers asked if it could be included in the agreement that a meeting would take place before the Board of Adjustment and Appeals within 14 days. It is in the Administrative Ordinance, and yes, it could be put in the agreement. The issue of the state statute would be brought up to the county attorney for his input. The Committee's recommendation is that the agreement remain as written, but only after the issue of the state statute is reviewed. The portion of the sentence that says the building official shall render a decision to resolve the conflict may be inconsistent with state law, and that portion of the sentence would come out. There was much discussion about the way this could be worded. This wording was placed in the document for the contractor, and it was brought to the attention of the committee that this document was a contract between the county and the fire districts. If there are ordinances that already state this language regarding the contractor, then it does not need to be in this document. Other members of the committee felt that this language should be maintained in the document. The language would be kept in the contract unless the Florida Statute says something different. If tl�e county attorney states that the document is not in violation or the State Statute, then the Steering Committee would approve the document without having to have another Steering Committee meeting. V. 800 MHZ There was discussion regarding this system, with regard to the status as well as some of the problems that were occurring.. VL MOU Assistant Chief Potteiger sent a letter to Dr. Tober and Jorge Aguilera in June. He did not get a response from Dr. Tober, but Jorge hand wrote some notes. They were addressed and some concessions were made. Still there has been no response since June. On August 7 another letter was written to Jorge, asking him for a phone call or something in writing. There has been no response. At the last Chiefs' meeting Potteiger asked Diane Flagg if she knew anything, and she responded that she did not. He had talked to her that day, and she stated that there would be no MOU because of the fact that the fire departments were not utilizing one of her personnel. He is saying that at the Chiefs meeting, she knew nothing, but outside she knew a lot. Chief Potteiger read a letter that he had received from Dr. Tober on March 31. On May 23 Chief Potteiger responded to Jorge with the concerns that the fire districts had. On May 23 Dr. Tober responded that he did not mind if the Board had reasonable input into the final selection of an applicant for the B1S coordinator, but basically Dr. Tober has the final say. The BLS coordinator will be a fire department employee. Dr. Tober did not have a problem with this. Chief Potteiger sent the final draft to Dr. Tober after he made the final corrections that the County wanted, and he has not heard anything since then. He read this letter to the Steering Committee. He has heard that Marco Island, Ochopee, Isle of Capri, and the City will not be participating in the MOU. This month was the deadline for the MOU. Assistant Chief Potteiger stated that he feels it is a waste not to go forward with the training position and whatever departments want to participate could. This committee has worked exceptionally hard, both in cooperation and in spirit of trying to come to an equitable agreement. In March he had prepared a letter to the State but did not send it in order to give one last effort. In this letter he explained the positions of EMS and the Fire Districts. He is asking for the State's perspective with regard to what has occurred. He is asking whether the Steering Committee would like him to send this letter to the state or if they would like to drop the issue of an MOU. Commissioner Kissel stated that he was in favor of going ahead. Assistant Chief Potteiger recommends that the committee send this information to the State, He would have a different view on this if they were doing ALS functions, but they are not even doing BLS function. They are first response units. Assistant Chief Potteiger stated that the Statute clearly states, make reasonable efforts to enter into an MOU. In his opinion the Committee has done everything possible to enter into this MOU.. He felt that this MOU would be favorable to all those involved. EMS would be happy because there was an MOU, and fire would be happy because they have a fire trainer and an EMS liaison. Someone suggested that Dr. Tober be sent a letter which stated that if there was no response within ten days, the committee would accept it as a positive approval. Commissioner Maguire stated that he felt there was a protected barrier around Dr. Tober. He feels that someone should talk with him directly. He felt that Dr. Tober was a reasonable man. The committee has already met with him. Commissioner Maguire felt that rather than communicating with Jorge, the Committee should go right to Dr. Tober. Assistant Chief Potteiger would like the Steering Committee to give the MOU Committee direction to work it out within the next month, but still hire someone. There is a goal of October 1 to have this person employed. The Steering Committee directed the Committee to try and meet with Dr. Tober, to Communicate with Columbia, and then finally to write to the State. nit;MEETING WAS ADJOURNED