A referendum will ask whether residents want to pay based on home size, which would drive up costs for many.
By SHEILA MULLANE ESTRADA
Published October 13, 2004
INDIAN ROCKS BEACH - A continuing battle over how much north beach property owners will pay for fire protection may end up in court instead of before voters next month.
At issue is who pays what. Right now, residents pay a flat fee of $190 per household. A referendum asks residents whether they would rather pay a fee based on a home's size - 17 cents per square foot.
Homes measuring under 1,118 square feet would pay a lower fee than they do now, while larger homes would pay more.
And that is the crux of the matter. Many homes in the increasingly upscale beach communities measure in the thousands of square feet and could face a fire protection fee that would be two, three or four times higher.
The district also includes territory on the mainland, where more modest homes would benefit from the change, but because that area is unincorporated there is little organized institutional support.
The board of the Pinellas Suncoast Fire and Rescue District says it needs more money or the Legislature will dissolve it. The board argues that it is one of the lowest cost fire protection operations in the county and the only one that is not financed by property taxes.
Opponents claim the district has mismanaged its money, and they oppose any change in the fee structure pending a complete review of its finances.
For months, elected officials in beach communities within the district have been fighting the fire district's attempts to raise more money. Several town commissions are planning to campaign against the referendum.
Now, private citizens, who also have very public roles, are entering the battle.
The lawsuit was filed by Indian Rocks Beach Town Attorney Andy Salzman on behalf of Indian Rocks Beach Vice Mayor Bill Ockunzzi, Commissioner Jim Palamera and Planning Board Member Albert Valery, as well as Ed Pinero, a former fire district commissioner, and Patricia Muneio, a candidate for fire district Seat 2, now held by Bill Ripley.
They are asking the Pinellas-Pasco Circuit Court to stop the referendum or negate the results.
The lawsuit contends that the referendum is "so arbitrary, excessive, disproportionate and discriminatory" that it violates the equal protection clauses of both the state and federal constitutions.
The plaintiffs also argue that the current funding mechanism, which was approved by voters in 2003, is unconstitutional and they are seeking a refund from the district.
No date has been set yet for a court hearing, but the fire district has until Oct. 26 to file a response.
And because some votes will already be cast by the time any court action is taken, it is possible that the vote will go forward and the results will be held in abeyance until a final court ruling, according to Pinellas County Elections Specialist Michael Greenman, who says it may be difficult to prevent the vote from happening.
"We've already sent out absentee ballots, and early voting starts Monday," says Greenman. "Logistically, it will be very difficult, but we will do whatever the court tells us."
There are about 13,000 registered voters in the fire district, which encompasses the towns of Belleair Beach, Belleair Shore, Indian Rocks Beach and Indian Shores, as well as a sizable area on the mainland south of Walsingham Road.
"I am very puzzled by the intensity of the opposition," says fire district board Chairman Tom Hafner. "This is getting mean now. The whole idea of a referendum is that if the people don't want this rate structure, they can vote against it."
