Ochopee FCD Advisory Board Minutes 01/12/2012Fiala
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Hiller
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Coyle
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OCHOPEE FIRE CONTROL DISTRICT
ADVISORY BOARD MEETING
HELD ON JANUARY 9, 2912
In attendance were the following:
Alan McLaughlin, Fire Chief
Caleb Morris, Captain
Ronald Gilbert, Chairman, Port of the Islands Advisory Board Member
James Simmons, Port of the Islands Advisory Board Member
Anthony Davis, Port of the Islands Advisory Board Member
Charles Frank Hawkins, Port of the Islands Advisory Board Member
The meeting came to order at 4PM then roll call of attendees.
FEB 7 i x(111
BY:......................
The date on the agenda sheet was wrong and corrected to read 1 -9 -12 instead of 1 -6 -12.
OLD BUSINESS
Special Assessment Letter:
Chief McLaughlin — We held off on the Special Assessment letter until the meet and greet with
Commissioner Fiala. Now that has happened it is up to the Advisory Board if they choose to go
down that path then you need to assemble a letter have all the board members review it and
then submit it.
Ron Gilbert — We've already written one.
Chief McLaughlin — He knows that but it needs to be updated.
Ron Gilbert — The next election that will hit is in November 2012.
James Simmons —You mean to get on the ballot.
Chief McLaughlin — I don't know if you have to go to a ballot on that. The board may be able
to assess that through the action of a MSTU because of the way you were created.
Ron Gilbert — I would be surprised because when you start assessing people and they don't get
to vote on it.
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Misc. Cares:
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Chief McLaughlin — We have to research it. H e was told that the board at times can do an
emergency action but he needs more information regarding that from the County Attorney's
Office.
Ron Gilbert — I hope you can because I think it is warranted if we have to go that far to attach
an assessment and a vote is a precarious situation you don't know how people will vote
especially if they don't understand the issue you pay $200 to keep the fire truck here if you lose
the fire truck your insurance rate is going up.
Chief McLaughlin — He knows that the Board in the past has made emergency caps to the
millage in the Ochopee Fire Control District from 1 to 1.5 to 2 to 4 and he has the
documentation to prove it. They did that as an emergency action of the Board of County
Commissioners. On an MSTU the Board of County Commissioners has the power to raise the
millage cap by an emergency action and readjust the millage without any vote.
Ron Gilbert — So you think they can do the assessment along those same lines.
Chief McLaughlin — If in the interest of public safety they can do that. The Ochopee MSTU
started out as one went to one point five then to two then to four over the years. They made
those adjustments to the millage rates to obtain man power and infrastructure. He has a RLS
into the County Attorney's Office asking for an opinion on whether the Board can install the
special assessment. He feels by the next meeting he will have a definitive answer as to what
Board of County Commissioners can or can't do before the next meeting.
Frank Hawkins — It takes so long to do these things I don't think we should assume anything. We
ought to get this process rolling as soon as we can. You can always stop it.
Ron Gilbert — The problem I see with that is people will be less diligent in finding the money for
this.
Chief McLaughlin - When he spoke to Commissioner Fiala at the meet and greet she brought
up grants and the pilt funds. We have exhausted our grant options they are not there. Also
there is no pilt money. The only place where we could obtain immediate funding would be a
a loan from general fund to start construction then pay that loan back by a special assessment
on all the taxable properties in the District over a period of so many years but that would be
an action via your letter to the County Attorney's Office as to what steps it would take to
accomplish that. Once they received your letter it would start Board action then to the County
Manager's Office then the Budget Department and then the Tax Assessors Office would get
involved. We would have to go back to the Board with an Executive Summary to see if it can be
done and they would have to vote on it. Whether that would have to be a public vote or if the
Board of County Commissioners could take an emergency action on the issue for construction
of the station that is the question.
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Tony Davis — About a year ago Mr. Shucart tried to create an MSTU to dredge the canal so they
could get the live aboard boats in without contacting the community. However, a handful of
people found out about it and complained at the Board of County Commissioners Meeting. The
Board told them that they had to notify the community then they could come back.
Frank Hawkins — There is a specific process that has to be followed, notifications papers for a
public hearing.
Tony Davis — Right and they didn't do any of that.
Frank Hawkins — At some point there is some mailing that has to go out before it hits the ballot
and is heard. So there are all these steps that have to take place.
Chief McLaughlin — This falls into a different category because it could be seen as an emergency
action to assists the infrastructure especially since it is a public safety facility.
Tony Davis — This incident with the Mr. Shucart may not even apply the point is in that
particular instants they did kick it back. So we need to investigate before we go too far with
this MSTU.
Chief McLaughlin — 1 recall reading that in the paper and what it looked liked to the Board of
County Commissioners was that a private entity was trying to create an MTS for his business to
get a better product and get the taxpayers to pay for it.
Tony Davis — That was exactly what it was.
Ron Gilbert —That was a commercial venture where as our Fire Truck is not it is a direct benefit
to the neighborhood.
Chief McLaughlin — I am going to pursue that action so by the next board meeting I hope to
have a definitive answer from the County Attorney's Office on what that process is if we go
through the special assessment and the loan part of it as well. The problem is dollars and the
loss of dollars through revenue. He did not propose a millage rate increase when he spoke to
commissioner Fiala. We are not asking for a tax increase per say what we would be asking for is
the restoring of the tax base that once existed to continue to function at the same service level
that was created at that point. Four years ago we created the service we still enjoy today but
we are doing it with 35% to 40% less funding and we can't continue to do that. Either we have
to give up some of the service we enjoy or restore the tax base back to the level that can fund
it. It is not a tax increase if you don't go beyond the 2008 budget.
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Ron Gilbert — What people can relate to here particularly the condominium dwellers is a special
assessment when you budget as adequately provided to do whatever you have to do or need to
do immediately you have a special assessment that is not to say the budget had not done what
we needed it to do but the source of revenue is just drying up because of the decrease in
property values.
Frank Hawkins — Everybody has an additional assessment on their property taxes for the water
plant which is a similar process.
Chief McLaughlin — A special assessment should be assessed to the whole District because
Ochopee Fire Control District services the entire area. It is an easier bite to take if it is
orientated to the whole District. In the conversations he has had with Ms. Kungle she was not
in favor of a special assessment tax. He explained to her that at no time in the history of the
Ochopee Fire Control District has advalorem taxes played any part in paying for the
infrastructure every building has been built by Volunteer money there has never been a tax
base to pay for a structure. Today with the new structure codes you can't build a metal
building. Now it would cost a million and a half dollars to build the same building which is one
of the issues we are looking at five times the expense. The only way he can see this occurring is
by some sort of special assessment District wide with a loan from general fund to start the
construction and then pay it back.
Tony Davis — Did you say it was a dead end with Mr. Matwani in reference to obtaining the
employee building on the north side.
Chief McLaughlin — He does not own that building.
Tony Davis — A relative or somebody he knows does.
Chief McLaughlin — The gentleman that owns the building lives in Springfield Illinois. He
received a letter from the owner who was willing to release the property for $325,000.
Tony Davis — He would give us the building but we would have to buy the property.
Frank Hawkins — it would probably cost a lot more to renovate that building.
Tony Davis — Because the issue came back up again last week Mr. Matwani said he would give
the District the building.
Chief McLaughlin — He does not own the building a Dominic Morano does and the tax records
show that.
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Tony Davis -- Mr. Matwani claims he has control of the building even though it is not in his
name.
Chief McLaughlin — He missed a phone call from Mr. Matwani last week he hasn't called him
back yet so it could pertain to this building. He would have to obtain legal documentation that
he owned that building because if he is not on the tax records he does not have legal control of
the building.
Ron Gilbert —Are we done on the subject of the Special Assessment.
Frank Hawkins — No I am confused as to what our game plan is.
Chief McLaughlin — We are going to wait till next month when we get a definitive answer from
the County Attorney's Office as to what action we can take as to whether it has to be by an
election or not then put together a letter pursuing that action. If it is favorable then there
would have to be public hearings.
Frank Hawkins — As to oppose to getting the MSTU process started and somewhere in that
process asking the BCC to consider alternatives.
Chief McLaughlin — You can start the process by sending a letter but you don't know what you
are asking for yet. You are asking for a special assessment that may or may not need an
election. It would be better to ask for the special assessment based on how the process works.
You could make the decision to send a letter asking for a special assessment and then wait for
their reply that would be up to you.
Tony Davis — You are better off laying out what you are asking for.
Chief McLaughlin — If you are going to the Board of County Commissioners to ask for something
you better have all the facts because they are going to ask.
Ron Gilbert — Let the Chief do his homework about what specifically we need to ask in the letter
and then we will put it together.
Chief McLaughlin — I would feel more comfortable if you sent a letter with all the
documentation backing what you are asking for behind it. It shows the board you have done
your homework on the issue.
Tony Davis — How about a letter to them if we pursue something to assist in our research bring
that back to them.
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Chief McLaughlin —The alternative to Frank's suggestion you could send a letter saying that it is
you intent to pursue a special assessment and that you will follow up with more documentation
and that you would like their support in the pursuit of this. That would be a little different than
just telling them you want to do it because now you are telling them as a community you
support this so when it comes to a vote we are ahead of it.
Frank Hawkins — As coming from a stand point of having exhausted all options this seems to be
the only alternative.
Chief McLaughlin — Grants are out I can tell you pilt money is not going to happen.
Frank Hawkins — It seems the only alternative is an MSTU.
Chief McLaughlin — The special assessment is not an MSTU. It would be a special assessment it
would come back to the taxpayers as a whole. The Fire District is an MSTU so it would be a
special assessment for the purpose of building construction for all the taxpayers of the District
which is different than creating an MSTU for Port of the Islands within one that already exists.
We would be creating a special assessment on a singular need which is to construct a fire
station within an already established taxing area.
Ron Gilbert — It is not a MSTU.
Chief McLaughlin —Yes.
Frank Hawkins —That is a special assessment.
Chief McLaughlin — All the taxpayers in the District will share the burden for this portion at a
dollar amount.
Frank Hawkins — What we learned from the dredging fiasco was that part of the MSTU process
was to define the geographical area that would be included in the MSTU and then all the
property owners in that area had to be included in that process.
Chief McLaughlin — But a special assessment is not a MSTU. You already have a MSTU that is
established for the purpose of fire protection. It is hard to create a second MSTU for fire
protection but you can create a special assessment for a singular project within that fire
protection MSTU if the advalorem dollars cannot fund it. I would like it more clearly defined
that is what we have asked for, how do special assessments work, how do they operate and
how are they created within an already existing MSTU as a single project.
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James Simmons — What he is familiar with is usually a development for road ways it is for a
specific development.
Tony Davis — He thinks it would be best to send the Board of County Commissioners letting
them know they wish to pursue the special assessment.
Chief McLaughlin — We can massage the last letter and send that out to everyone individually
and if you all agree on it you can send it back to me in an e-mail then he can have the Chairman
Ron Gilbert sign it if everyone is in agreement. He wants to wait until he has a definitive answer
before they massage the letter which he is expecting to hear back from the County Attorney's
Office soon.
Frank Hawkins -- Are we going to proceed in a process and a manner taken to consideration if
we had to have a property owner vote that we could get that executed in November with a
general election.
Chief McLaughlin — We have six months so we will know after this what the process is. We will
Know certainly no later than April. We started on this procedure once before so he is aware of
what has to be done and because it is a general election there is no cost to it and if it comes to
that we certainly can push that to the board soon enough.
Frank Hawkins — I am assuming that if we do have to take this path and we don't get it on the
general election of 2012 with the cost of holding a special election it won't happen.
Chief McLaughlin -- No out cutoff date is April to get this done. We would have plenty of time
to get it on the ballot. It also gives us several months to go out to the citizens informing them
about the special assessment.
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Chief McLaughlin — We have received the go ahead for the preliminary release of dollars for
operational costs probably for the upcoming fiscal year which begins July 1" 2012. Mr.
Summers, Captain Morris and I spent most of the day working on a schedule draw that will go
to the County Attorney then it will go to FDOT we ran that out to 2014 for final completion.
The draws are for man power, equipment, when the draws will take place and the time frame
for all of that. It took us about six hours developing this today but we actually had to review it
several times to go through it. Nothing is in concrete yet but we are assuming that as of the
July one date monies will be available. We are giving them three months to collect the fees so
that at their first quarter which would be October first we would make the first draw and that
would be for man power to relieve the pressure on the District.
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Inconsequently from those draws out go apparatus, equipment all these other things go along
in a quarterly times to build up to a point our draws coming in a year in advance so we can go
ahead and purchase a truck which would be a year build for that vehicle. So we are looking at
all this to coincide with the truck coming in with in two months prior to the estimated
completion. Two months to mount equipment six months prior to start equipment purchase so
that it is on board once the truck is received. The hiring will be in a two phase process the first
six then the second six would come in the second part just three months prior to completion of
the project. The first six would be hired immediately to relieve the pressure to the District and
the balance would be hired when the station is fully operational so this is a set time schedule
we put together Mr. Summers has to go back and refine it but he is going to meet with the
County Manger with this then he will give it to OMB then they will be meeting with FDOT on
these draws. The good news is its coming.
Ron Gilbert — Is that going to be an integral part of the Ochopee Fire Control District.
Chief McLaughlin — We will staff it, we will operate it, and we will own the vehicle that is part of
the contract the vehicles will be under our control under our Fleet Management. This is a fully
burden cost the District pays for nothing out there. So that operation will be fully burden from
the FDOT audits that was the agreement. In the state documents there is no ceiling on the
dollars to be given there is no minimum there is no top they didn't put a cap on it. We put a
very good budget together what we feel it will take to operate it annually.
Ron Gilbert — Is that going to be on the County line?
Chief McLaughlin — No it's going to be at the 63 mile marker.
Ron Gilbert — How far is that from Broward?
Chief McLaughlin — It is 18 miles from Broward County.
Ron Gilbert —You won't go into Broward County.
Chief McLaughlin — Oh yes we will this vehicle will be funded by State money from 1 -75.
Tony Davis — So you have to cover 1 -75.
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Chief McLaughlin — It is for 1 -75, we could be requested to respond back into the Golden Gate
area which is the 83 mile marker back to the toll booth and as far as the other toll booth in
Broward County if need be. The dollars that are paying for it are coming from toll booth to toll
booth.
Frank Hawkins —That is a log shorter than responding from down here.
Chief McLaughlin — Oh absolutely, therefore if the vehicle is requested we will respond because
that's what it is for. It has been purchased to cover that area so we are obligated to go if we
are requested. For years Broward County has been coming into Collier County to help us.
Ron Gilbert — If it is in Collier County it's your lead if it is in Broward County it's their lead.
Chief McLaughlin — If it's in Broward County we will respond if they calls us and if we had
something on the other side of the 83 mile marker and Golden Gate Fire Department was tied
up we would respond.
Frank Hawkins -44% of your calls were on 1 -75.
Ron Gilbert — What percentage of them are dead calls?
Chief McLaughlin — Probably 50 %.
Captain Morris — It might just be negative injuries or hazards stuff like that.
Chief McLaughlin — When an incident happens until the Sheriff's Office arrive we don't know if
anyone has been hurt and usually we are well passed Jerome by the time we are notified no
one was hurt. We expend a lot of dollars out of the District driving up the road 15 or 20 miles
then driving right back. The 63 mile marker is right in the middle of 1 -75 it is 10 miles to the
east or west so we will be there before anyone else so we won't be running those calls out of
here anymore. We will save a lot of money on fuel and wear and tear on the vehicles.
James Simmons — Are you planning on having an ambulance out there too?
Chief McLaughlin —1 can't answer that question because it is a function of EMS. I can tell you
there will be a paramedic. We are funding a paramedic to ride on the apparatus with the
Firefighters.
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Tanker
Chief McLaughlin — He spoke with Hallmark E -One the chassis and the body is in construction.
We will probably go up by the end of the month for the pre - assembly before the body goes on
the chassis once that happens it is a pretty quick process we expect delivery sometime in early
March. We will go up for a final inspection somewhere around the ninth or tenth so we will
take delivery in March. The tanker will probably be fully in service and completely equipped by
mid April.
New Business
Ron Gilbert — He asked how much equipment does the fire department have out here?
Chief McLaughlin — We have one truck.
Ron Gilbert — The president of the Sunset Cay Lakes and Villas home owners association sent
him an e-mail to let him know they are doing a control burn just west of Sunset Cay lakes do
you know all about that?
Chief McLaughlin — Yes, they called us up we are fully aware of it and we will be there when
they do it.
Frank Hawkins — Had questions regarding the training report attached to the January monthly
Advisory Board Report in regards to training hours.
Chief McLaughlin — He answered his question and that some of the problems are how the
information is entered into the training program.
Captain Morris —We are in the process of learning a new system.
Chief McLaughlin — We are actually double reporting right now because we started a new
system and we are still trying to learn it. It is complicated. He is requiring his personnel to
continue to enter the data into the old system for at least one quarter so they don't lose any
information. Till he is confident the information we are putting into the new system is 100% to
what we were putting into the old system and right now it isn't.
A motion was made to adjourn it was seconded and the meeting ended at 4:44PM.
Ron Gilbert, Chairman,
Ochopee Fire Control District Advisory Board
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