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Agenda 01/13/2009 Item # 8AAgenda Item No. 8A January 13, 2009 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance creating the Collier County Emergency Medical Services Policy Advisory Board for the purpose of assisting the Board of County Commissioners with all issues affecting pre - hospital emergency medical services within all of Collier County, and once established, abolishing the current Emergency Medical Services Advisory Council by repealing its establishing Ordinance 1980 -80, as amended. OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance which creates the Collier County Emergency Medical Services Policy Advisory Board and abolishes the Emergency Medical Services Advisory Council. CONSIDERATIONS: On December 8, 2008, the Board conducted a Workshop to discuss current Interlocal Agreements with the Collier County fire districts as well as Advanced Life Support (ALS) services provided by the fire departments. Those in attendance included Collier County Medical Director Dr. Robert Tober, Assistant Medical Director Dr. Douglas Lee, Chief of Collier County Emergency Medical Service Jeff Page, and representatives of the North Naples Fire Control and Rescue District, East Naples Fire Control District, City of Naples Fire Department; Isle of Capri Municipal Rescue and Fire Service Taxing District, and the City of Marco Island. As a result of these Workshop discussions, the Board, at its December 16, 2008 Regular Meeting, directed that an Ordinance be prepared which would create a new advisory board to assist the Board of County Commissioners with all issues affecting pre - hospital emergency medical services within all of Collier County. In keeping with Board direction, this new Advisory Board will be comprised of the following five members: an emergency room physician, an emergency room nurse, a pharmacist, a representative from one of the Collier County Independent Fire Control Districts, and a representative from Collier County Emergency Medical Services. To the extent possible, candidates for the Emergency Room Physician, Emergency Room Nurse, and Pharmacist positions will be recommended by the Collier County Medical Society, its successor, or a substantially similar local or regional organization. In further keeping with Board direction and discussions, the proposed Ordinance provides that the Advisory Board will have the following duties: 1. To review and advise the Board of County Commissioners all issues concerning pre - hospital emergency medical services within Collier County. 2. To hear all disputes arising out of the ALS Engine Interlocal Agreements between Collier County and the various fire districts, and make written recommendation to the Board of County Commissioners for resolution of such disputes. 3. To work to improve and enhance pre - hospital emergency medical care within Collier County. Agenda Item No. 8A January 13, 2009 Page 2 of 8 4. To review and make written recommendation to the Board of County Commissioners all changes to established protocol and practices recommended by the Medical Director's Quality Assurance Committee. 5. To make its special knowledge and expertise available to the Board of County Commissioners upon written request by the Board of County Commissioners. In order to stagger the terms of the Advisory Board, it is proposed that two of the initial terms shall be for two years, with the remaining three Board members appointed for an initial term of four years. Thereafter, terms for all Advisory Board members shall be four years. Members of the Advisory Board are to be appointed and serve at the pleasure of the Board of County Commissioners, and must meet the qualifications for membership and requirements as outlined in the County's general advisory board ordinance (Ordinance No. 01 -55, as amended). Removal from office and attendance requirements will also be governed by Ordinance No. 01 -55, as amended. The proposed Ordinance also provides for the Emergency Medical Services Advisory Council to discontinue meeting immediately following the first meeting of the Collier County Emergency Medical Services Policy Advisory Board. Ordinance 1980 -80, as amended, which created the Emergency Medical Services Advisory Council, will be repealed and of no further force or effect as of March 1, 2009, FISCAL IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the County Attorney, was duly advertised, and is legally sufficient for Board action. This is a non -quasi judicial matter requiring simple majority vote. JAK GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance which creates the Collier County Emergency Medical Services Policy Advisory Board and abolishes the Emergency Medical Services Advisory Council. Prepared By Jeffrey A. Klatzkow, County Attorney 2 Page I of 1 Agenda Item No. 8A January 13, 2009 Page 3 of 8 file: / /C\AgendaTest\ Export\ 12 1 -January %2013,%202009\08.%20ADVERTI SED %20PUBL... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A Item Summary: Recommendation that the Board of County Commissioners adopts an Ordinance creating the Collier County Emergency Medical Services Policy Advisory Board for the purpose of assisting the Board of County Commissioners with all issues affecting pre - hospital emergency medical services within all of Collier County, and once established, abolishing the current Emergency Medical Services Advisory Council by repealing its establishing Ordinance 1980 -80, as amended. Meeting Date: 1/13/2009 9:00:00 AM Prepared By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12/24/2008 10:48:23 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1 2124/2 008 10:51 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/2912008 10:33 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12129/2008 1:23 PM Commissioners file: / /C\AgendaTest\ Export\ 12 1 -January %2013,%202009\08.%20ADVERTI SED %20PUBL... 1/7/2009 Agenda Item No. 8A January 13, 2009 Page 4 of 8 ORDINANCE NO. 2009 - AN ORDINANCE CREATING THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR SUNSET OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AND REPEAL OF ORDINANCE 1980 -80, AS AMENDED; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County approved creating the Collier County Emergency Medical Services Policy Advisory Board on December 17, 2008; and WHEREAS, the purpose of this Advisory Board is to review and advise the Board of County Commissioners all issues concerning emergency medical services within Collier County, as set forth in the "Raymond H. Alexander, M.D., Emergency Medical Transportation Services Act," Florida Statutes Sec. 401.2101 et seq. (2008), as amended from time to time; and WHEREAS, it is the intent of the Board of County Commissioners that the Collier County Emergency Medical Services Policy Advisory Board take on all duties and responsibilities of the current Emergency Medical Services Advisory Council, which was created by Ordinance 1980 -80, such that following the first meeting of the Collier County Emergency Medical Services Policy Advisory Board, the Emergency Medical Services Advisory Council shall be disbanded. Agenda Item No. SA January 13, 2009 Page 5 of S NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Creation and Purpose of the Collier County Emergency Medical Services Policy Advisory Board. There is hereby created the Collier County Emergency Medical Services Policy Advisory Board (hereinafter the "Advisory Board "). The Advisory Board is created to assist the Board of County Commissioners with all issues affecting pre - hospital emergency medical services within all of Collier County. SECTION TWO: Functions, Powers and Duties of the Advisory Board. The Advisory Board shall have the following duties: 1. To review and advise the Board of County Commissioners all issues concerning pre- hospital emergency medical services within Collier County. 2. To hear all disputes arising out of the ALS Engine Interlocal Agreements between Collier County and the various fire districts, and make written recommendation to the Board of County Commissioners for resolution of such disputes. 3. To work to improve and enhance pre- hospital emergency medical care within Collier County. 4. To review and make written recommendation to the Board of County Commissioners all changes to established protocol and practices recommended by the Medical Director's Quality Assurance Committee. 5. To make its special knowledge and expertise available to the Board of County Commissioners upon written request by the Board of County Commissioners. Page 2 of 5 Agenda Item No. 8A January 13. 2009 Page 6 of 8 SECTION THREE: Appointment and Composition; Terms of Office; Attendance and Filling Vacancies. The Advisory Board shall be composed of five members as follows: 1. An Emergency Room Physician. 2. An Emergency Room Nurse. 3. A Pharmacist. 4. A representative from one of the Collier County Independent or Municipal Fire Control Districts operating under Collier County's Certificate of Public Convenience and Necessity. 5. A representative from Collier County Emergency Medical Services. To the extent possible, candidates for the Emergency Room Physician, Emergency Room Nurse, and Pharmacist positions shall be recommended by the Collier County Medical Society, its successor, or a substantially similar local or regional organization. Advisory Board members shall be sought in accordance with the provision of Collier County Ordinance 01 -55, as amended, or by its successor ordinance. Members of the Advisory Board shall be appointed and serve at the pleasure of the Board of County Commissioners. Members shall meet the qualifications for membership and requirements as outlined in Ordinance No. 01 -55, as amended, or by its successor ordinance. Appointment of members to the Advisory Board shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment. Appointments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term. Page 3 of 5 Agenda Item No. 8A January 13, 2009 Page 7 of 8 In order to stagger the terms of the Advisory Board, two of the initial terms shall be for two years, with the remaining three Board members appointed for an initial term of four years. Thereafter, terms for all Advisory Board members shall be four years. Section Four. Removal from Office; Failure to Attend Meetings. Removal from office and attendance requirements shall be governed by Ordinance No. 01 -55, as amended, or by its successor ordinance. Section Five. Officers; Quorum; Rules of Procedure. At its earliest opportunity, the membership of the Advisory Board shall elect a chairman and vice chairman from among the members. Officers shall serve for a one year term with eligibility for reelection. The presence of three or more members shall constitute a quorum of the Advisory Board necessary to take action and transact business. The Advisory Board shall, by majority vote of the entire membership, adopt by -laws for the scope and transaction of business to be approved by the Board of County Commissioners. The Advisory Board shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Advisory Board minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. Section Six. Sunset of Emergency Medical Services Advisory Council The Emergency Medical Services Advisory Council shall discontinue meeting immediately following the first meeting of the Collier County Emergency Medical Services Policy Advisory Board. Ordinance 1980 -80, as amended, which created the Emergency Medical Services Advisory Council, shall be repealed and of no further force or effect as of March 1, 2009. Page 4 of 5 Agenda Item No. 8A January 13, 2009 Page 8 of 8 Section Seven: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. Section Eight: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Nine: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of January, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk App loved as to form and tga] 4tfjciency: Co Page 5 of 5 , CHAIRMAN