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Agenda 02/23/2010 Item #10B Agenda Item No. 10B February 23, 2010 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a clarifying Resolution stating the position of the Board of County Commissioners is to support the consolidation of all the independent fire control and rescue districts in Collier County into one district providing unified and equal fire protection services throughout the county. OBJECTIVE: For the Collier County Board of County Commissioners (BCC) to approve a Resolution (attached) in support of consolida1ion of the five independent fire districts into one merged district that will provide unified fire protection and rescue services throughout the county. CONSIDERATION: The BCC voted at a regular meeting on January 26, 2010 to oppose for a second time the proposed consolidation legislation that was approved by the Collier County Legislative Delegation on November 24, 2009. The Board first rejected it when adopting the Collier County 2010 State Legislative Priorities on October 13,2009. On January 27, 20 I 0 Rep. Matt Hudson filed House Bill 807, Paradise Coas1 Fire Control and Rescue District, and House Bill 809, Panther Creek Fire Control and Rescue District, which are identical except in name. The two (2) bills proposed (HB 807 and HB 809) create two (2) new special districts with no provisions that include specific requirements for a merger/consolidation to ever take place. In their current form, the bills appear to have no adverse impacts on Collier County Emergency Medical Services. The bills do include provisions that grant additional powers to the new special districts (i.e. voter approvai of new assessments only once upon passage by Florida Legislature). The specific concerns/issues with the proposed legislation are outlined in the agenda attachment. FISCAL IMP ACT: There is no fiscal impact associated with this executive summary. LEGAL CONSIDERATIONS: The attached Resolution is .legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMP ACT: There IS no growth management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves a clarifying Resolution stating their position is to support the consolidation of all the independent fire control and rescue districts in Collier County into one (l) district providing unified and equal fire protection services throughout the county. Prepared by Debbie Wight, Assistant to the County Manager Item Number: Item Summary: Meeting Date: Agenda Item No.1 06 February 23, 2010 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10B This item to be heard at 11 :00 a.m. Recommendation to approve a clarifying Resolution stating the position of the Board of County Commissioners is to support the consolidation of all the independent fire controi and rescue districts in Collier County into one district providing unified and equal fire proteclion services throughout the county. (Debbie Wight, Assistant to the County Manager) 2/23/20109:00:00 AM Prepared By Janet Curran Communication & Customer Relations Administrative Assistant Date Communication & Customer Relations 2112120108:43:06 AM Approved By Leo E. Ochs. Jr. County Managers Office County Manager Date County Managers Office 2117/20109:30 AM Agenda Item No.1 DB February 23, 2010 Page 3 of 6 RESOLUTION NO. 2010- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CLARIFYING THEIR POSITION SUPPORTING CONSOLIDATION OF ALL THE INDEPENDENT FIRE CONTROL AND RESCUE DISTRICTS IN COLLIER COUNTY INTO ONE (I) DISTRICT PROVIDING UNIFIED AND EQUAL FIRE PROTECTION SERVICES THROUGHOUT THE COUNTYWIDE COMMUNITY, AND ALSO EMPHASIZING COST EFFICIENCY AS CUSTODIANS OF TAX? A YER FUNDS. WHEREAS, the Board of County Commissioners on October 13, 2009 first voted against the proposed consolidation bills which were included among Collier County 20 I 0 State Legislative Priorities but they were subsequently approved by the Collier County Legislative Delegation on November 24, 2009; and WHEREAS, the Board of County Commissioners on January 26, 2010 discussed the proposed consolidation bills again and for a second time decided they would only support legislation that resulted in merging independent fire districts into one (I) district countywide; and WHEREAS, Representative Matt Hudson, Chairman of the Collier County Legislative Delegation, on January 27, 2010 filed House Bill 807, Paradise Coast Fire Control and Rescue District, and House Bill 809, Panther Creek Fire Control and Rescue District; neither of which proposed bills contain provisions requiring consolidation/merging of fire districts; and WHEREAS, HB 807 and HB 809 read that Collier County is comprised of 2,032 square miles with three municipalities and a large unincorporated area within the developed portion of the county. In addition to county and municipal governments, there are five independent special fire control and rescue districts that provide fire and rescue services to unincorporated areas in Collier County. They are the Big Corkscrew Independent Special Fire Control and Rescue District, the East Naples Fire Control and Rescue District, the Golden Gate Fire Control and Rescue District, the Immokalee Fire Control and Rescue District, and the North Naples Fire Control and Rescue District; and Page I of2 Agenda Item No. 10B February 23, 2010 Page 4 of 6 WHEREAS, as a result of having five independent special fire control and rescue districts providing similar services, decreasing revenues and increasing costs of providing such services, the Legislature intends to create a voluntary process allowing the existing independent special fire control and rescue districts in Collier County to merge their existing operations into one of two newly created independent special fire control districts with a procedure for the future merger of these two districts into a consolidated independent special fire control district. It is the intent of the Legislature that these two new districts not become operational until an existing independent special fire control and rescue district elects to merge into one of the newly created districts; and NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners does hereby support passage of a single local bill that provides for the consolidation of the independent fire control and rescue districts into only one (I) district providing unified, equal fire protection throughout the community to all citizens in the name of public safety most importantly, and also emphasizing cost efficiency. BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Collier County Legislative Delegation, Speaker of the House and Senate President. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this _23rd day of _February ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~I? 1.-1 Scott Teach, Deputy County Attorney Page 2 of2 Agenda Item No. 10B February 23.2010 Page 5 of 6 Co~r ~u:nt:y Staff Review of Fire Consolidation Bills HB 807, Paradise Coast Fire Control and Rescue District, and HB 809, Panther Creek Fire Control and Rescue District, which are identical except in name, and were filed in the House by Rep. Matt Hudson on Jan. 27, 2010. . The proposed legislation does not require the consolidation of any two or more independent fire districts. The bills only provide a process and framework for mergers to possibly occur in the future. . The proposed bill(s) allows one fire district to enter into this arrangement as a new independent special district without merging with another district. However, if the consolidated bill(s) passes the Florida Legislature, the new independent special fire district(s) created will have the opportunity for new revenue-generating authority with just one voter referendum. . If residents approve the merger referendum, they are simultaneously approving the levying of ad valorem and non-ad valorem assessments. Under current law, an existing fire district may seek referendum approval to levy non-ad valorem assessments. Under the proposed consolidation bills, the new district will have the authority to levy non-ad valorem assessments if residents vote to approve the merger. The district is granted the authority to assess and collect non-ad valorem assessments, fees and service charges without further voter approval because the power to levy these assessments was approved in the merger referendum. The specific assessments would NOT be disclosed in the merger referendum. The fire districts are seeking an exemption from the merger ratification requirement by the Florida Legislature. The districts are seeking "preapproval" of potential mergers that would not require any further action (approval) by the Florida Legislature. . In the event of annexation, the consolidation bills do not require that the fire district continues to remain the service provider. The consolidation bills do require that an interlocal service boundary agreement process apply to all anriexations, which is currently optional. Impacted governments will be required to sit down with the fire district to discuss the transition and provision of services to the proposed annexed area. An interlocal agreement could provide for the immediate transition of services or the status quo. If no interlocal agreement is reached, current state law would apply, meaning the fire district remains the service provider for a four-year transition period. If a new city is created within the fire district boundaries, the fire district remains the service provider under these proposed bills. If the new city wanted to opt out of the fire district, it would have to seek an exemption from the Florida Legislature. 1 Agenda Item NO.1 OB February 23. 2010 Page 6 of6 . Under these bills, impact fees can still be used for the cost of new facilities and equipment for fire protection and emergency services. . The language regarding the Certificate of Public Convenience and Necessity (COPCN) exemption was removed from the bills. According to the attorney for the fire districts, the only way the districts can provide Advanced Life Support (ALS) services is either through an interlocal agreement with the County or the granting of a COPCN from the County. However, there are several references in the bill (lines 125,392,400,416,422) to the fire district having the ability to "establish and provide" emergency medical services with no mention of approval from the Board of County Commissioners. There is no provision in the legislation that requires the County to transfer Emergency Medical Services (EMS) to the fire districts if all the fire districts consolidated. . The bill as currently written does not directly impact Collier EMS operations. . The bill states upon the effective date of a merger, all employees of the independent fire district merging with the new district shall not lose rank or equivalent position of command, or administrative position, pay, benefits, accrued leave, seniority or pension. There is no reference in the bill to how long this arrangement (no loss of rank, command, pay, etc.) could continue. . The bill states a merger referendum shall not be a separate vote of each independent fire district but rather the combined vote of the districts. For example: YES NO District A 40 70 110 60 District B 30 90 TOTAL Under this scenario, meroer approved even though the voters of District A rejected the idea. . Allows for the fire board to have more than five members; Allow for the election of "at- large" members; May allow for the chair to only vote in cases where there is a tie. Current statute provides that a member be required to vote unless he/she has a conflict of interest; Allows for four-year terms, subsequent Board appointment, and/or conversions to elected positions. All are deviations from current law. . Deviates from the current law requiring that a district readopt amendments to its fire prevention code every three years. 2