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Agenda 01/25/2011 Item #10G 1/25/2011 Item lO.G. EXECUTIVE SUMMARY . Request to reconsider Agenda Item number 10H which was previously heard by the Board of County Commissioners at the October 26, 2010 BCC meeting regarding North Naples Fire Control and Rescue District's Application for COPCN - motion to reconsider and bring back at the next BCC meeting following the Blue Ribbon Committee's Final report- heard January 11,2011. OBJECTIVE: To proceed in the best interest of public health, safety and welfare as it related to Advanced Life Support (ALS). CONSIDERATION: On September 17, 2009, North Naples Fire Control and Rescue District ("Fire District") submitted an Application for a Certificate of Need to provide ALS Non-Transport Services ("Application"). Staff timely conducted a thorough review of the Application, submitted correspondence for additional information that was not submitted or incomplete within the application, and met with the District's legal counsel. The application was also placed in suspense for a period of time at the request of the Fire District and then subsequently re-activated at the request of the District's legal counsel. Staff's basis for denial is set forth in a letter to the County Manager, dated July 1, 2010 (see copy attached). Importantly, staff recommends denial of the Application based on the following: . · Fire District submitted an application for a non-transport Certificate of Public Convenience and Necessity for the purposes of providing Advanced Life Support Non- Transport Operations separate and apart from the County Medical Director's medical direction, coordination, and control, solely to the North Naples Fire District. Such separate medical direction is contrary to the provisions, duties, and responsibilities of the County's Medical Director, as referenced in Florida Statute 401.265. This ruling was further clarified by a Final Order issued by the Florida Department of Health, in Department of Health case number 2010-0040. (See Copy Attached) · The Application did not provide any empirical data for its particular district or the County, supporting a Certificate of Public Convenience and Necessity other than citing references to the 2007 Emergency Medical Service Master Plan document, which was developed to review and analyze County-wide level of service standards in support of the Annual Update to Inventory Reporting (AUIR). Numerous operational changes have taken place since the 2007 report. · The Fire District also failed to indicate that it would staff the necessary emergency medical response resources in a manner that would not conflict or delay a medical call if its personnel and apparatus were responding to or involved in a fire response. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. . LEGAL CONSIDERATIONS: Ordinance No. 04-12, Section 7 states: Packet Page -395- 1/25/2011 Item 10.G. liThe Board of county Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence that each of the following standards has . been satisfied: A. That there is a public necessity for the service. In making such determination, the Board of County Commissions shall consider, as a minimum, the following factors: (1) The extent to which the proposed service is needed to improve the overall Emergency Medical Services (EMS) capabilities of the County. (2) The effect of the proposed service on existing services with respect to quality of service and cost of service. (3) The effect of the proposed service on the overall cost of EMS service in the County. (4) The effect of the proposed service on existing hospitals and other health care facilities. (5) The effect of the proposed service on personnel of existing services and the avaiiabiiity or sufficient qualified personnel in the iocal area to adequately staff all existing services. B. That the applicant has sufficient knowledge and experience to properly operate the proposed service. C. That, if applicable, there is an adequate revenue base for the proposed service. D. That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service area." Ordinance No. 04-12, Section 8 provides: . "In making the determinations provided for in Section 7 above, the Board may, in its sole discietion, appoint a Heaiing Officei to hold a public heaiing and to make factual findings and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing Officer shall render a written report to the Board within 30 days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only." Staff response and documentation for this item is too large for mass publication. Copies of staff response are available for examination in the office of the Board of County Commissioners. -JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary.. RECOMMENDATION: That the Collier County Board of County Commissioners denies North Naples Fire Control and Rescue District's Application for a Certificate of Public Convenience and Necessity for an Advanced Life Support Non-Transport Service as there is no public necessity for the service. PREPARED BY: Dan E. Summers, Director of the Bureau of Emergency Services. . Packet Page -396- . . . 1/25/2011 Item 10.G. COLLIER COUNTY Board of County Commissioners Item Number: 10.G. Item Summary: Request to reconsider Agenda Item number 10H which was previously heard by the Board of County Commissioners at the October 26, 2010 BCC meeting regarding North Naples Fire Control and Rescue District's Application for COPCN - motion to reconsider and bring back at the next BCC meeting following the Blue Ribbon Committee's Final report- heard January 11, 2011- Meeting Date: 1/25/2011 Prepared By Name: BoniChristine Title: Administrative Assistant, Senior, 1/12/2011 8:21:21 AM Submitted by Title: Director - Bureau of Emergency Services, Name: SummersDan 1/12/2011 8:21:22 AM Approved By Name: PageJeff Title: Chief - Emergency Medical Services,EMS Operations Date: 1/12/2011 3:49:44 PM Name: SummersDan Title: Director - Bureau of Emergency Services, Date: 1/12/2011 5:45:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/13/2011 4:39:23 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -397- Date: 1/13/2011 5:01:15 PM Name: PryorCheryl Title: Management! Budget Analyst, Senior, Office of Management & Budget Date: 1/14/201110:09:21AM Name: OchsLeo Title: County Manager Date: 1/14/201110:37:51 AM Packet Page -398- 1/25/2011 Item 10.G. . . . . . . 1/25/2011 Item 10.G. -- Q MEMORANDUM DATE: November 23,2010 TO: Leo Ochs, County Manager FROM: Commissioner Tom Henning, District 3 SUBJECT: North Naples Fire Control and Rescue District's Application for COPCN The above captioned item was heard at the October 26, 2010 Board of CoUnty Commissioners meeting, item # 1 OH. Please accept this memorandum as my official request to bring this item back to the Board of County Commissioners for reconsideration at the December 14, 2010 Board of County Commissioners Meeting. . Please find attached the subsequent backup material regarding reconsideration of this item along with this memorandum. If you have any questions, please feel free to contact me. Tom Henning Commissioner, District 3 m:ps Enclosures Packet Page -399- I; i I ! I I i Muni~dd. ? 1/25/2011 Item 10.G. Page 1 of4 Collier County. Florida. Code of Ordinances >> PART I - CODe >> Chanter 2 - ADMINISTRA TlON >> ARTICLE II. . BOA~ OF COUNTY COMMISSIONERS >> DIVISION 2. - MEETINGS >> DIVISION 2. - MEETINGS See 2-36 - General orovfsions. See. 2.37. . AddlMSlna the Commission See 2-38 - ~-Il1-lIrms . See 2-39 - Action to be !liken bv resolution onfinance Of" moIIon. See 2-40, - Adloumm.m. See 2-41 - Reconsldlll'lllion of rnallenl aenerellY. Sec. 2-4~ - Reoonsidllr.llllan of land UNI msttera. Sec. 2-43-.2-65. - ReAlYlIcI I Sec. 2-36. - General provisions. (a) Regular meetings. The Board of County Commissioners shall normally hold Its regular meeting at 9:00 a;m. each second and fourth Tuesday. except on 8 day designated as a holiday, Interim recess. or aa otherwise directed by,an .mnnatlve vote of the majority of all Board members presertt. Meetinga may be postponed or cancelled by an BflIrmative vote of.the majority of all Board members ):lresent. Meetings shall normally be held at thlt Collier County GOvernmant Center and shan be open to the news media and the public. Meetings may be held In other locations within thlt County. Special meetings. Vllhen the Chairman or'a majority of the Board calls a special meeting, the County Manager or his designee shall notify the Clerk, the County Attorney, and issue preu releases advising of the place, date and hour of the meeting and the purpose for which the meeting Is called. Agenda: There shall be an official agenda for each ~eetlng of the Board. which ahall determine the order of business conducted at the meeting. . . . (1) The Board shall not take action upon any mattar, proposal, report or ltam of busi~ss not listed upon the official agenda, unle&a 8 majority cif the Board present consents. (2) The County Manager shali prepare each agenda in appropriate form approved by me Board. Mattei'$ may be placed on the agenda by the County Manager, any County Commiaaloner, the Clertt, the County Attorney, and the con~ional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeUng. (3) All requests for a continuance of an agenda item, Including matters advertised for a pubrlC hearing, require Board of County Commission approval No person shall be entiUed to rely for any reason upon MY assurances that an agenda item or pubnC hearing wil be continued. A continuance shall only be granted by an BflIrmative vote of the mejority of th9 Board members present. Presidfng officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected by a majority of the members of the Board of County Corrvnls8ioners and said election shall occur at the first regularly scheduled Board meeting In January of each year. In the event that the Chairman ancflor the VICe-Chairman are not reelected as Commissioners In any given year, the Board of County Commissioners shaH elect a Chairman and/or VIce-Chairman, as applicable, on the third Tuesday after the first Monday In November to temporanly serve until the fim regularly acheduktd Board meeting In January at which time the scheduled electioilshall take place. However, the Chairman and the ~ Chairman shan serve at the p1l:l8SUTe of the Board. The Vice-Chairman shall preside In the absence of the Chairman. The Chairman shall become the ):lf8Sidlng officer Immediately after his or her eIeclIon. The Chairman shall preserve order and decQrum at all meetings. Ha shall state every question and announce the decision of the commission on each Item of business. The majority"vote of the members present shall determl~ all questions of order not otherwise covered. The Chairman may vote on any qLtestion, his or her name being called last. The Chairman shall sign all ordInancea, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absenco, such ordinances, resolutions and legally binding documents shall be signed by the presiding ofIicer. eeu to Order. At the hour appointed for the meeting, the Chairman shaB Immediately call the Commission to order. I~ the physical absence of the Chairman, and the VIce Chairman; the Board members present shall elect 8 temporary Ch8lrman and a tempOrary Vice Chairman by majority vote, and th~ Chairman 80 elected shall then call the meeting to order and shall ~rve untU arrival of the Chairman or VICe Chairman. Quorum. A majority of the Board shall constitute a quorum. No resolution, legally binding document or motion shall be . adopted by the Board without the affirmative vote of the majority of all membera present. Shou,ld no qu!)rum attend wlthlO 30 minutes after the hour appointed for the meeting, the ChaIrman, VIce-ChaIrman, or in their absence, the Clerk or his designee, may adjoum the meeting. (b) (c) (d) (e) (f) (g) http://library.municodc.comlprint.aspx?clientID=1(}578&HTMRequest=http%3a%~./o2f1ibrary .munico... 11/2912010 Packet Page -400- . . .1 I i I , ~ 1/25/2011 Item 10.G. Municckle: . , PageZ of4 SUPflr-Majolity Exception. Whenever provided by general law, lpeciallaw, ordinance, or .1 specified by resolution adopted by a majority of the full memberahlp of the Board, and notwithstandIng aobsedlon (I), a motion, ortfmance, leeally binding document or re!lolutlon may be required to be adopted by an aflinnative vote of four-fifths (415) of the full member:ship of the Board. . . . (h) Rules of debate. The folloWIng rules of debate ahaa be observed by the Board. Except a. herein provided questions of order and the conduct of business shan be govemed by Robert's Rules of Order. (1) Motion. under consideration. When 8 motion Is pntHnted and seconded, It Is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These counlllrmotlons shan have preference In the order In which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. . (2) Chainnan participation. The presiding Chairman may move, second and debate from the chair, and shall not be deprived of any of the rights end privileges of a Commissioner by reason of being the presiding Chairman. (3) Form of addt8R. Each member ahall address only the presiding officer fer recognition, shall confine himself to the question under debate, and shall a~id personalities and Indecorous language. (4) Interruption. A member, once recognized, shan not be Interrupted except by a c:al1 to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question Is det~rmlned by the presiding officer. Any member may appeal the decision of the Chairman to the Board for decision by majority vote. (5) Privilege of closing debate. The Commissioner moving fer the adoption of an ordinance, resolution or other ael shall have the prfvilege of closing debate unless otherwise directed by the chair. (8) The question, Upon the closing of debate any member may require a roll call vote. Any member may give a ~ statement or file a written explanation of his or her vote. (I) Minutes. The minutes of prior meetings approved by a majority of the members present shall become the ofllcial minutes. Each resolution, ordinance and legally binding document shall be signed by the prealding oftiQer at the meeting and by the Clerk and entered In the minutes. . ",_ .... _0 0'" .. _...,'."._.. . . (OrrL No. 7601', f 1(1); 0nL No. 61020, f 1; Or:L No. '7-14, f 1; Onl. No. '1-04, f 1; Ord. No.If1027, f 1; Ord. No. 20070(72,. If 1-3; OrrL No. 07.SO, f 1; .OrrJ. N". 2009-5~ f 1} . Po' ..___ _. .._ ._. _ ___"_ _"-.__ .. ...... -..- . ' . I Sec. 2.37. - Addressing the Commission. (a) If & subject is not on the agenda fer G maating of the Boa:d of Count'; Commissioners It may b= edded by motion end en affirmative vote of a majority of all Board members preae~t that the subject should not be delayed until the next meeting. (bj Any penlon appearing to provicii; the Bl18fd iiiciuiillfifarmliilon Of CAPen upljjion to wiisld... prior to taking officisl &Ctkm shall be govemed by the following procedure: (1) Prior to addressing the ~oard the speaker shall approach any podium or a!'1)' other place othelWlse designated by the. Board of County Commissioners fer this purpose and clearly state his or her full name, home address, the name of the person or entity that he or she. represents and the subject of his or her address. . (2) Before providing factual Information or expert opinion the speaker may ask, end any Commissioner may require the spe.alter to be placed under the following oath with right hand upraised: "I willfully swear under oath the facta and testimony I furnish this Board to be the truth, the whole truth and nothing but the truth, and not inconsistent or contradictory with other statements made by me under oath." No person shall be required to take this oath more than once In any given day, but shall be reminded he Is under oath before again addressing the Board. Each commissioner. shall take the oath one time and be considered under oath during the term of his office. Those asking questions or desiring to comment on a mailer before the Board shall not be required to take the oath. Any Commissioner may at any time request such a speaker to take the above oath. (3) . Eacf'!' person 'ahalllimlt his addresa to three minutes unless grented additional lime by the Chairman or by an affirmative vote of the majority of the Board members present. All remarlca shan be to the Board as a body and not to any Individual member. No person other than a Commissioner shall discuss directly or through a Commissioner, without authorization of the presiding officer. . (4) Any person making Impertinent or s1andeious remark. or who becomes boisterous shaU be Instructed to remain .. __ _ ~D~~~ by the p~idin~_~fIicer, ~~~rmI~I~1l to ~~_'!~_!~ granted. . ___ _ .___ (OrrL No. 75-11, f 1(2); Ord. No. ~-50, f 1} .:..:..(". . .... ." .-.- --"" " ...- ..... - ." . . '.' .. .._-~..... .. ..- .. - . .-. -... . ....-- I Sec. 2~. . Sergeant-at-arms. The County Sheriff, or his dePuty, shall be the sergeant-at-arms at meetings of the Board of Coll'lty Commlsslonelll and shall carry out all orders of the 9hairman to maintain order and decorum. I ~ http~i~",-"lllliC~mIprint.aspx?ClientlD=IOS78&I1TMRoqucst-ha%2lo/o2fIibmly.munico... 1112912010 Packet Page -401- 1/25/2011 Item 10.G. Municode. . , ~ Page 3 of4 lOrd. No. 76-1', 11P}; Ord. No. (11~D, I f) . . - ~- .~. .~. . ., . . ....--- -'_....-._- .. ", .-"" -.. ..... - ..:...~.~.:.._~.;_:....._.:.J h.....:...::.:~~ - ~.:...;.-......... ._-.:.:..:-:-~-.:-:- ''',':"-.":=:':'::_" =- I Sec. 2.39. - Action to be taken by resolution, ordinance or motion. Each action of the Board of County Commlsaionera shill! be taken by resolution, ordinance or legally bindinS document ~pprov~ ~s to form by the County Attorney, except approval of administrative mattera may be by motion adopted end recorded In the minutes. - . lOrd. No. 76-1.. f 1(4}; ant. No. (11.rso, 1') -":":""'" ....--::.--........... . ~ "'''-_''-'-1,;...-~' .. ._&:.....~.- ":"~'-:-':--:"--'~"':~"=':4 __'_:""":.-0":." . .~---:"-:"":-.-":. '-.~-'.'''- I Sec. 2-40. - Adjournment. A motion to adjoum st!alJ always be In order and decidecI without debale. {Ord. No. 76-16, f 1($}; 0I'lf. No. UMiD, f f} --" -. ".- .' ....-. ... - .-- .., I Sec. 2-41. . Reconsideration of matters generally. (a) Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as foUawa: (1) By a motion to reconsider made by a member who voted with the majority if auch motion is made prior 10 the adjournment of the meeting at which tho matter wes voted upon. If there were no public spoakers on the Item, or if e!1 of the public speakers-for the Item ere stili pre~ in the boardroom fo!lowlng a 8!.'CC9Sful moUon to reeansider, the Board may elect to rehear the matter during that meeting. or direct the County Manager to place the item on the agenda for a future meeting as set forth in subsection (2). If there were public speakers for the Item, a~ not all of the public speakers are ItllI present In the boardroom following a successful motion to reconsider, the County Manager w\R place the Item on the agenda for a future meeting 8S set forth in subsection (2). (2) By a motion to reconsider mede by a member who voted with the majority If such motion 18 made at a regular meeting foilowlng the meeting ai Which the matier was voted upon, buronly In accordance with the ioiiowing: . a. Where a mernberwho voted with the majQrity wishes the Board to reconsider a matter after the-adjournment of the meeting at which It was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intendl to Introduce a motion to reconsider. The memorandum lihaH state the date of the regular meeting at which the member Intends to Introduce such motion. and shall be dellvered to the County Manager at least six days prior to such meeting. The purpose of this requirement Is to allow the staff to advise the Board of the leg8I or other ramifications of reconsideration. b. No motion tQ reconsider shall be made any later than the second regular Board meeting following the Board's vote on the matter sought to be reconsidered. c. Upon adoption of a motion to reconsider, the County Manager shall place the item on an agenda not later than the second regular Commission meeting following the meeting at which the motion for reconslderaUon was adopted. d. All parties who participated by speaking, submitting registration forms or written materials at the first hearing, shaD be notified by the County Manager of the date of reconsideration. (b) This section shaD apply to any matters which may lawfully be reconsidered except those matters which are covered by _~araprap~ 7 bel~_. - _ ___.. _ __._ _ _ _____ _._ _ _ (Ont No.If-54, f 1; 0rrL No. 07-5D, f 2; Ont. No. 200f.52, f 1) I Sesc, 2-42. . Reconsideration of land use matters. (8) Applicsbif"dy. Any matter In which the Board of County Commissioners or Boanl of Zoning Appeals, as the case may be, has denied a request to change the land use designation of a parcel of land, a request for site apecific reZone initiated by a petitioner or his or her agent, variance, conditional use, license, permit or other land use-reIaled request Request for Reconsideration by Petitioner. A request for recoMideration may be made only by the petitioner. The . petitioner may request reconsideration of a petlticm in writing to the County Manager no later than 15 days from the date of the Board's Qdion denying the original petition. This request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely. Motion for reconsfderation bya Board member who voted In the msJorlty. Arry member of the Board who voted with the majority (or in the case o:f a rezoning or change In land use designation, voted against) on U1e original action or petition may move for a reconsideration of the BCtlon or petition at any regular meeting of the Board within f 5 days of the date of (b) (c) http://library.municode.comlprint.aspx?clientID=l OS78&~equest=http%3a%2f1l102flibrary .munico... 11/29/2010 . i. .. Packet Page -402- ei / I I I I 1/25/2011 Item 10.G. Munic6de . . Page 4 of4 the request for reconsideration. I(no regular meeting of the Board occurs within 15 days of the request for reconlideration, the Board '!lember may move for a reconalderation of the action or petition no later than the first meeting of the Board that follows the County Manager's receipt of the request for consideration. ThIs motion shall be made during that portion of the Board's agenda entitled "Board of County Comml88ioners.. If no motion for reconsideration Is made during this time period, the request shan be deemed denied. The motion may specify a date certain on which the action or petition will be reconsidered, but In no event thall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider II adopted. (d) Action on niotion for recOnsIderation. The Board shall either act on the motion for reconsideration at the meeting at which such motion is made or may table the motion for no longer than the next regular meemg of the Board. If the motion Is not finally acted upon by. the adjoumment of the next regular meeli1,rof the Board after the motion has been made, it shall be deemed \0 have been denied. (e) Scheduling of petition for recqns/deratJon. If the motion for reconsideration is granted. the County Manager shaR schedule the petition on the agenda for the regular Board meetlnsa which was specified In the moti9n for reconsideration, or if no date Is specified then on the second regu.1ar Board meeting following the meeting at which the motion is granted. (f) No hearing or debate on motion for reconsideration. A motion for reconsideration thall not require public hearing, and neither the petitioner nor any other person shall hav.e the right to address the Board considering the merits of such 8 motion. However. the Board may request Infonnatlon of the petitioner. the staff or any other paBOn In order to better Inform Itself prior to acting upon the motion. The purpose of this provision is to .prevent either the petitioner or any other penson from ciebating the merits of the peiiiion prior to ita fuii consideration at 8 regulariy scheduled Boai'd m6iitiiiy 'i.-I1GiG tl"'.e petition is reconsidered. (g) [procedures outiTned.]The procedures outlined herein shall not constitute an administrative remedy. and the defense of failure to exhaust administrative remedies shan not be relsed if a petitioner declines to utilize these procedures end Instead elects to pursue judicial remedies folJcwlng the denial of the petition. The lime period for seeking JUdicial relief following ~nlal'of those matters contemplated by, subsection (a)(2) of this section shall run from the time the Board votes on such malter, and a motion hereunder shall not alter such time period. (h) pnitiaJ vote.} \lVhere the initial vote was made after an advertised public hearing, any reconsideration of such vote shall comply with &II advertisement and notice provisions that were legally required for the initial pubUc hearin~., _ _ --..... .,.... . - -. -.' .. - '.~"". - ... - - (Ord. No. '1-54, J 2; Onl. No. 81041, f 1; 0nI. No. (1740, f 2) I i " Land Development Code reference-2:oning amendments,S 2.7.2. State law reference- Adoption of rezoning ordinances, F.S.9 125.66(5). I Sec. 2-43-2-85. - Reserved. , i l 1...-...---.-- http://library.municode.comlprint.aspx?clientID=10S78&HTMRequest=http%3a%2~102f1ibrary.munico...11o.9/20 1 0 Packet Page -403- .' . tJ. co1Ner CoUnLY -- --.................. BU,reau of EmerQ"en;f ServiceS . 1/25/2011 Item 10.G. '0'. Memorandum TO: Mr. leo Ochs, County Manager Dan E. Summers, Dire~ July 1, 2010 FROM: DATE: RE: Staff Review - COPCN Application North Naples F.ire Control and Rescue District Enclosed is the Certificate of Public Convenience and Necessity filed by the North Naples Fire Control and Rescue District, along with a compilation of written communication involved in the review. 0 . . The COPCN filing was originally received in your office September 18, 2009 and submitted by J. Christopher lombardo, Chairman of the North Naples Board of Fire Commissioners. The appropriate filing fee was also received. . Duringthe review of the application, Mr. Richard Yovanovich became the principal agent for this filing. Along the course of the application review period Mr. Yovanovich requested the application be placed flon-hold", as numerous discussions and meetings were held at their request regarding the current Advanced life Support Interlocal Agreement(s) which were co~sidered for amendment in lieu of the COPCN process. These lengthy discus~ions with Mr. Yovanovich, the Medical Director, and others at various boards and committee meetings as well as the Blue Ribbon Study group, did not resolve the many debates between the Advance life Support and Basic life Support delivery modalities preferred by North Naples. , On May 17, 2010 Mr. Yovanovich notified the County of his desire to re-open our review of the COPCN applicatio~. Days following this notification, written communication was transmitted to M'r. Yovanovich, acknowledging his re-activation of the application along with additional requests for information to help provide a thorough review of the application. Subsequent to the additional information referenced above, it has come to my attention thatthe financial information provided by the North Naples Fire a'nd Rescue District was out-of-date with the re- opening of the COPCN. I communicated by email with Mr. Yovanovich and received the latest financial . . .......ct~_B::,... 858, . :::;:-:;;:~l...""'Ii~e'-=---'-- . . 8075 Lely Cultural Parkway' Naples, Rorida 34113 . 23~252-3600' FAX 239-252-3700 ~ www.collierem.org Packet Page -404- , - . .- ._.- -.. -~.. . . , 1/25/2011 Item 10.G. Staff Review- COpeN Application North Naples Fire Control and Rescue District July 1, 2010 Page 2, information. I have deemed the application submittal complete, effective June 29, 2010 within the intent of Ordi,nance 2005-16 as required. Mr. Yovanovich has been notified in writing o.fthe application being deemed complete by my office. ' It should be noted that the bulk of the application submission included a copy of the 2007 EMS System' Master Plan prepared by a c.onsultant, in conjunction with discussions associated with a review of the Annual Update to'lnventory Reporting (AUIR). The 2007' EMS Master Plan reviewed data and projections during the periods of 2005, 2006, ,and 2007 which were periods of extensive growth 'within the County. Due to changes in the EMS delivery systems, national refinements in best practice, and population projections, the 2007 Master plan discounts the substance of the application as requested by North Naples Fire Control and Rescue District in its justification of the COPCN application. Many factors highlighted by North Naples Fire Control and Rescue District in their application ha,ve been _ . overcome by a number of changes in either delivery of services or are mute with respect to the spirit of the COPCN supporting county-wide services. They include, but are not limited to, the following: Absence of growt'h projections that were predicted during the time of the report. Refinements in national standards and academic research verifying the importance of a two- tiered BLS/ALS system delivery. ' , , lmplementation of the Advanced Practice Paramedic (MedCom) in one-man vehicles. Imp~oved dispatch procedures. Cancellation of the ALS agreements at the North Naples and East Naples Fire District. Ongoing data point analysis by the Blue Ribbon group to further refine system delivery in a two-tiered fashion. Collier County's extensive network of publicly and privately accessible Automatic External Defibrillators and their associated registration ordinance. Additionally, the COPCN Ordinance in Section 7 states the following: "The Board of County Commissioners shall not g~nt a certificate unless it shall find, after public hearing and based,on competent evidence, that each ofthe following standards has been met./I Essentially, there are eight p~ovisions within Section 7 of the ordinance that have, in my opinion, not been met, further discounting the award of a certificate. I have given the application a'thorough review based on criteria provided in the ordinance referenced above. In summary, it is my recommendation that a Certificate of Public Convenience and Necessity should not be granted to the North Naples Fire Control and Rescue District, as it does not demqnstrate better protection for the health, safety and welfare of the residents of Collier County as a whole in ambulance and ALS matters, by establishing uniform countywide standards, etc., as refere~ced.in '_ Section 1 of~he Purpose statement of the ordinance. In the absence of countywide improvement alone, Packet Page -405- --. 'N C) \?ClC~ ~ Lf () (P "' "'"