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Fire board to consider changes to its charter

The district will likely retain service-based fees and wants to keep voters out of any decisions. That means revising its charter.

By SHEILA MULLANE ESTRADA
Published September 11, 2005

INDIAN ROCKS BEACH - A proposal to use property taxes to finance Pinellas Suncoast Fire & Rescue District operations is apparently dead.

Instead, it appears the district will stick with service-based fees but will try to cut voters out of any decisions to set, increase or change those fees.

Either idea would require the Legislature to change the district's charter, a move that is expected to create a political firestorm in coming months.

On Thursday, a lawyer representing fire districts throughout the state suggested two charter change options the district could present to the county's legislative delegation:

/ Eliminate the requirement for voter approval of service fee increases, or

/ Change the district's boundaries, dropping four communities that adamantly oppose any change in the organization's charter or any near-term increase in fire service fees.

Those communities are Belleair Beach, Belleair Shore, Indian Rocks Beach and Indian Shores. Under this proposal, the district would retain a large unincorporated area on the mainland south of Walsingham Road. The towns would be forced to contract for fire protection services with the district or fire departments in Largo or Seminole.

The suggestion was met with laughter, amid such comments as "that would really stick it to them" and "that's a bit over the top".

"I couldn't resist that idea," said attorney Terry Lewis, while assuring the district board that he can persuade the county's legislative delegation to support the first option.

The district board will vote on the proposal at its Sept. 22 meeting.

"It won't be a walk-on," Lewis said, warning the board that neither the Legislature nor Gov. Jeb Bush like proposed laws that are controversial or have strong opposition.

"I don't want to sugarcoat this. It is not something that is easily done or that is a sure thing," Lewis said. "But I have great arguments. For anybody willing to listen, your case is easy to sell. Without this change, fire safety will go down the toilet."

And what about last week's idea: switching from the $190 flat residential fee to a property tax levy?

Even if the Legislature approved a charter change to ad valorem taxes, Lewis said, the state Constitution requires special districts to hold a voter referendum to ratify the switch: a move district officials are loath to attempt.

The reason? Last year voters strongly rejected a different funding proposal that would have dumped flat fees for fees based on the size of buildings.

And it's because the district is fighting a lawsuit filed by commissioners and residents from Indian Rocks Beach that challenges the district's fee structure.

And then there's the "oversight committee" created by Belleair Beach, Belleair Shore, Indian Rocks Beach, Indian Shores and Pinellas County.

The committee was formed to resolve criticism of the fire district's financing and operations. That criticism was levied by beach officials who said last year's financing proposals would unfairly charge larger fees for their residents when compared to fees paid by residents on the mainland.

The towns maintain that the fire district uses fire protection fees in violation of the district's charter to pay for part of county-contracted EMS services to Redington Shores, North Redington Beach and Redington Beach.

The district denies this and, in turn, accuses the towns of endangering the viability of fire and emergency services for residents in its district.

If the Legislature doesn't act and if voters refuse to approve higher service fees, fire Commissioner Bob McEwen said, "There will no longer be a district. We'll be dead in the water; we'll be in default."

The fire district and its auditor say that without some change in its financing structure and/or fees next year, the district will be essentially bankrupt by the 2006-07 fiscal year.

The district's auditor is required to report to the state if the district does not have enough money to meet its expenses. In that event, the state is required to shut the district down and, working with the county, assign its assets, liabilities and service territory to area fire departments.

Meanwhile, in the next few weeks, the commissions in each of the four towns are expected to approve a joint resolution calling on the Legislative delegation to reject any change in the fire district's charter until a consultant's investigation of the district's finances and operations is completed.

[Last modified September 11, 2005, 01:12:04]