HomeMy WebLinkAboutCOW 2010-06-14 Item 4G - Discussion - Fire Service Options: Fire District or Fire AuthorityCAS NUMBER: 10-068
AGENDA ITEM TITLE Fire Services Options
CATEGORY Discussion Motion Resolution
Mtg Date 06/14/10 Mtg Date 06/21/10 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD
SPONSOR'S
SUMMARY
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Comments:
MTG. DATE
06/14/10
06/21/10
I MTG. DATE
06/14/10
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EXPENDITURE REQUIRED
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COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by MayQx -'r view 7-council review
06/14/10 SJL
06/21/10 SJL
ITEM. INFORMATION
ORIGINAL AGENDA DATE: JUNE 14, 2010
Ordinance
Mtg Date
Mtg Date
Bid Award Public Hearing Other
Consider potential fire service options and form an Exploratory Committee to evaluate
forming or joining a Regional Fire Authority.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte LI Arts Comm. n Parks Comm.
DA 1E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Form Exploratory Committee
COMMITTEE
COST ,IMP:ACT FUND.SOURCE
AMOUNT BUDGETED
$0
Finance Fire Legal n P &R Police Pi1
II
RECORD OF COUNCIL
ITEM NO.
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Transportation Cmte
Planning Comm.
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ATTACHMENTS
Informational Memorandum regarding "Fire Services Options" dated June 10, 2010
Comparison of Fire Service Options City of Tukwila
Map of Fire Service Areas of South King County
Frequently Asked Questions, Wa Fire Chiefs and Wa St Council of Fire Fighters
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City of Tukwila
TO: Mayor Haggerton
FROM: Steve Lancaster, City Administrator
Nick Olivas, Fire Chief
Shawn Hunstock, Finance Director
DATE: June 10, 2010
SUBJECT: Fire Service Options
ISSUE
Should the City of Tukwila pursue an alternative governmental structure for providing fire
services to the community?
BACKGROUND
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
The City Council has requested a presentation regarding optional methods of providing fire
protection services to the Tukwila community. Options available to the City include:
1. Maintain the Tukwila Fire Department as a City department.
2. Annex to an adjacent existing fire district.
3. Form a Regional Fire Authority with one or more adjacent existing fire service providers.
4. Join an existing adjacent Regional Fire Authority.
Options 2 through 4 are evaluated by the attached "Comparison of Fire Service Options City
of Tukwila" (Attachment A). Attachment A summarizes Tukwila's potential partners, statutory
provisions, the approval or formation process, governance and financial issues associated with
these options.
A fifth option not currently being evaluated would be a "contractual consolidation" through an
interlocal agreement. This has been used in some instances to facilitate the transitional period
when fire protection authorities consolidate, or for limited resource sharing purposes.
DISCUSSION
Like many other services, the cost of maintaining and improving fire protection and emergency
services has increased substantially in recent years. Several communities in the State of
Washington have pursued consolidation of fire service providers as a more cost effective way to
maintain or improve these services. This has been accomplished primarily through fire district
annexations and through formation of Regional Fire Authorities (RFAs). Examples in King
County (see Attachment B) include:
South King Fire and Rescue, which has consolidated several smaller fire districts serving
Federal Way, Des Moines and adjacent unincorporated areas;
Valley Regional Fire Authority, which consolidated the fire departments of the cities of
Auburn, Algona and Pacific;
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INFORMATIONAL MEMO
Page 2
Kent Regional Fire Authority, which consolidated the Kent Fire Department and King
County Fire District #37 (including the City of Covington).
Consolidating fire service agencies may reduce costs and /or improve services through
economies of scale and by reducing the duplication of facilities, equipment and various
operations.
Consolidation through annexation to a fire district, or by forming or joining a Regional Fire
Authority has the additional benefit of allowing the creation of a "fire benefit charge" that can be
used to more closely align the financial contribution that various categories of properties
contribute toward fire protection services, to the cost of providing those services.
Finally, consolidation through annexation to a fire district, or by forming or joining a Regional
Fire Authority may free up additional revenue capacity for member cities (more fully described
by Attachment A).
The primary difference between the fire district and the RFA options is related to "governance."
When annexing to a fire district, all authority for establishing service levels, operating policies
and budgets become the responsibility of the existing elected fire district commission. When
forming a Regional Fire Authority, elected officials from and designated by the forming partners
constitute the RFA's governing board; thus the forming partners retain management
responsibilities for fire protection services. It should also be noted that formation of a Regional
Fire Authority would likely take two years or more. Annexation to an existing fire district, or
joining an existing RFA might be accomplished in a slightly shorter period of time.
Attachment C is a "Frequently Asked Questions" excerpt from the Regional Fire Authority
Implementation Guide produced by the Washington Fire Chiefs Association and the Washington
State Council of Fire Fighters.
RECOMMENDATION
Staff recommends that the Committee of the Whole refer the following matter to the regular City
Council meeting of June 21, 2010:
That an Exploratory Committee be formed to evaluate the formation of a Regional Fire
Authority, or alternatively, consolidation with an existing Regional Fire Authority. The
Exploratory Committee shall consider service and financial impacts, timing issues, and the
interest of potential partners and shall report its findings and recommendations to the City
Council no later than September 30, 2010.
Recommended membership for the Exploratory Committee is as follows:
Two (2) City Council members, to be appointed by the Council President;
The Tukwila Fire Chief
The Tukwila Finance Director
One (1) member appointed by the Tukwila Professional Firefighters Local 2088.
ATTACHMENTS
A. Comparison of Fire Service Options City of Tukwila
B. Map of fire service areas of South King County
C. "Frequently Asked Questions" excerpt from the Regional Fire Authority Implementation
Guide, Washington Fire Chiefs Association and the Washington State Council of Fire
Fighters.
1 7 0 W :12010 InfoMemos \RFA InfoMemo June 14 2010.docx
Potential Partners
(Note: These are fire service providers with
which Tukwila currently shares a common
border.)
Statutory Provisions
Approval Process
Governance
COMPARISON OF FIRE SERVICE OPTIONS CITY OF TUKWILA
Annex to Existing Fire District
FD 11 (North Highline)
FD 20 (Skyline)
FD 24
Ch 52.04 RCW
1. City Council initiates by
ordinance.
2. Fire Commissioners concur.
3. Election majority approval
required in City and in District.
3 or 5 Commissioners directly
elected at -large or by "district."
Create Regional Fire Authority
FD 11 (North Highline)
FD 20 (Skyline)
FD 24 (South Tukwila)
City of Renton
City of Seattle
City of SeaTac
Ch. 52.26 RCW
1. Planning committee formed
(three elected officials from each
partner).
2. Planning committee adopts a
Regional Fire Protection Service
Plan.
3. Each partner governing body
certifies Regional Fire Protection
Service Plan and places issue on
ballot.
4. Election majority approval of
combined area required (60%
approval if "benefit charges"
proposed).
As specified by the Regional Fire
Protection Service Plan and
consisting solely of elected officials.
Join Existing Regional Fire Authority
Kent Regional Fire Authority
CH. 52.26 RCW
State statute does not address this.
Appears likely that same process for
forming a new RFA would be
required (see column to the left).
Representatives of Kent RFA have
indicated interest in approaching
state legislature next session with
proposal to clarify /simplify process
for additions to an existing RFA.
Currently 3 elected officials from
Kent appointed by City Council and 3
board members from Fire District
37, plus 1 non voting member from
Covington appointed by Covington
City Council. The governance
structure may be amended through
majority vote of the Governing
Board or through amendment of the
Kent Regional Fire Authority Plan.
Financial Issues
(Note: As indicated in columns to the right,
financial implications are essentially the
same for the three options.)
OPTIONS CITY OF TUKWILA (page 2 of 2)
COMPARISON OF FIRE SERVICE
Annex to Existing Fire District
FD can levy property taxes up to
$1.50 per $1,000 of AV, OR $1. plus a Fire Benefit Charg e. The FBC
is based on the size and use presence of
structure, as well as the p
sprinklers, if an The FBC, if
adopted, ore than
Create Regional Fire Authority
RFA can levy proper taxes up to
1,
$150 per 000 of AV, OR
plus a Fire Benefit Charge. The FBC
is based on the 1 ell as the presence of
sprinklers, if any•
structure, as The FBC, if
adopted, cannot exceed more than
60% of the total RFA budget.
Join Existing Regional Fire Authority
RFA can levy property taxes up to
per $1,0
$1.50 p 00 of AV, OR $1.0
The FBC
plus a Fire Benefit Charge.
is based on the size a tti and use of
sprinklers, if any•
structure. a The FBC, if
adopted, cannot exceed more than
60% of the total RFA budget.
dopted, cannot exceed s for the City will depend on
60% of the total FD budget will depend on Saving decreases with
s for the City decreases with how much our levy
will depend on Saving fire
Savings for the City how much our levy the loss of municip al
decreases with al fire depa rtment. C Fire
how much our levy the loss of municipal et is $10. million.
al fire department. Current Fire Department Current urr
the loss of municipal et is $10.3 million. If the City's levy rate decreased mil io by
department. Current Fire million. Department budget ro
et is $10.3 l rate decreased by ax $1.00 per $1,000 of AV, property tax
Department budget by If the City
$1000 of AV, property would decline by
If the City's levy rate tax $1.00 per
000 of A,
1. e per $1, V property revenue would decline by the City s to million. The net saving
revenue would decline bt the City
million. The net saving would be the difference of $5.3
would be the difference of $5.3 million.
million.
Creation of an RFA in so freey.
Creation l a FD would also free up up additional levy acit
increase ca }four levy rate decreased by
additional levy 1.00 the 1.00
our levy rate decreased the of the RFA,
future levy increases could be up to
upon annexation into the s c the u pon creation o
's future levy increases could be the $1,00 decline. Increases would
City until s we
up to the $1.00 decline. Increases not be limited to 1 rate prior to
would not be limited to 1 until we
prior to reached the old levy
reached the old levy rate p creation of the RFA.
a nnexation.
revenue s to the City
million. The net saving
would be the difference of $5.3
million.
Creation of an RFA would also free
u p additional levy increase capacity.
If our levy rate decreased by $1.
upon creation of the RFA, the City's
future levy increases could be up to
the $1.00 decline. Increases s would
not be limited to 1 ntil we
reached the old levy rate prior to
creation of the RFA.
SEATTLE
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FEDERAL WAY
Southl King tr,.
Fire Rescue
(District #39)
fKENT
RENTON
Kent Regional
A Fire Authority
FD #37
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Fire Atitho ity
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NEWCASTLE
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174
Rut c i t y im p` l en ration F u d
Frequently Asked Questions
What is an RFA?
An RFA is an abbreviation for Regional Fire Authority, which is the common term for what the state
law refers to as a Regional Fire Protection Services Authority. The RFA law is a legal process to allow
the voters of that area to consider fire service consolidation and regionalization of services to produce
service efficiencies. The RFA encourages Fire Districts and Municipal Fire Departments to consider
consolidation by treating both entities equally.
Where can Ilearn more about the law that allows the RFA?
Recent changes to state law now allow the process of forming an RFA, RCW 52.26 see RFA RCWs
for the actual law.
Why combine services?
The purpose of the Regional Fire Authority is to provide the citizens with the best level of fire
protection and emergency medical services with through combined resources. The cost of maintaining
and improving fire protection and emergency medical services has increased substantially. Combining
services may provide the most cost effective service for our citizens through economies of scale,
macro service delivery strategies, removing duplication and erasing borders.
How big can an RFA be?
Basically, as big as you want it to be. As an example, the new Kitsap RFA with Bremerton Fire
Department, Central Kitsap Fire and Rescue and South Kitsap Fire and Rescue would
serve approximately 200,000 citizens, 300 square miles, $16 billion in assessed value, operating budget
of $40 million, 200 career Firefighters /EMT and Paramedics and 100 active volunteers and support
service personnel. The vision dictates that this new RFA must demonstrate value for the citizens now
and into the future. Other current RFA's include Valley Regional Fire Authority (VRFA), which
combined the cities of Auburn, Algona and Pacific, and Riverside RFA which combined Lewis
County Fire Protection District #12 and the city of Centralia. Both of these RFAs are working very
well within their plan and vision.
What is the Vision Statement for the Kitsap RFA?
The vision of the RFA is: Provide the highest quality emergency fire and EMS service for our citizens with the
available resources. The Strategy is: To develop a consolidation work plan and determine f it provides net efficiencies in
fire and EMS service delivery between Bremerton Fire Department, Central Kitsap Fire and Rescue, and South Kitsap
Fire and Rescue.
How is the RFA set up?
The law allows the establishment of a RFA Planning Committee to explore the process of
regionalization. The Planning Committee then creates the RFA Steering Committee to provide the
information necessary for the Planning Committee to make sound decisions to the creation of the
RFA. The ultimate authority for the creation of the RFA rests with the voters when the RFA
Planning Committee forwards its recommendations and a ballot measure is placed before the voters.
Who are the .members of the committees?
The members of the RFA Planning Committee for any planning process include three (3) members
from each participating agency. Thus, if you were looking to combine two (2) cities and two (2) fire
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Regional f=ire Authority Implementation Guide
districts, the Planning Committee would be comprised of twelve (12) members (6- City Council
members representing the 2 cities, and 6- Commissioners representing the 2 fire districts).
When and where are the meetings held?
The RFA Planning Committee establishes meetings on a regular basis at an established time and
location (which can rotate as deemed proper by the Planning Committee). The purpose of these
meetings is to gather information for the development of the Plan. These should be open public
meetings to allow for public input, as well as their education on the RFA concept.
How the work is accomplished and is there a time line?
The process of developing the RFA work plan will be for the Steering Committee to develop strategic
statements for all of the project task items and once approved by the Planning Committee, then
organize the work and produce a recommendation in a timely manner for consideration by the
Planning Committee.
How will the RFA be funded?
The funding options for the Regional Fire Authority are the same as those available for the Fire
Districts. Those options include property tax funded fire levies, EMS levies, bonds, excess levies.
Benefit service charges are considered a fee for service and are permitted in lieu of the last fifty cents
of property tax funded fire levy revenue. Finally, non -tax revenue, such as transport fees, contracts
and other assessments are available as possible funding sources. Any funding mechanism must be
approved by the voters by the same majority that the fire district measures required.
When the RFA is approved by the voters, what happens to existing career and volunteer
personnel?
All personnel (career and volunteer) from all involved agencies would be transferred to the new
department and retain their status through new agreements. Some member's assignments may change
to support emergency service delivery improvements. The key to a successful transition is to involve
Labor early in the process, and ensure that wages, hours and working conditions are negotiated as per
RCW 41.56.
Is it mandatory for the Labor Unions to combine when an RFA is formed which
covers two or more organized labor groups?
No it is not. However, it is strongly suggested that Labor be involved from the beginning when
contemplating and developing an RFA. Their input and support will be extremely important in the
successful implementation of an RFA. Additionally, it is strongly suggested to work together with
Labor under the auspices of RCW 41.56 related to collective bargaining to ensure that all members are
handled fairly with regards to wages, hours and working conditions. While different labor groups may
work under different collective bargaining agreements (CBAs) for a short period of time during the
inception of an RFA, it is strongly suggested that,a new CBA be fairly negotiated and implemented by
both parties as soon as is practical.
Does the law allow additional fire districts or municipalities to join the RFA after it has been
formed? Can two or more RFA's join together or merge?
No. Under current law, there is nothing which allows for any additional entities (fire districts or
municipalities) to formally join an RFA, except under a contract for service or contractual
consolidation. RFAs are not currently allowed per legal statute to merge or annex areas, or have cities
annex into them once the RFA has been formed.
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l Fire Afithe,
F='mWntoPaof€ Guide
When a City annexes into a Fire District, the City's property tax levy capacity increases from
$3.375 per $1000 of assessed valuation to $3.60 per $1000 of assessed valuation, less the amount
the Fite District collects (either $1.50 or $1.00) and any funds collected by a Library District
(up to $0.50). Does the same thing happen when a City becomes part of an RFA?
No. The statute does not allow for the same benefit to a City annexing into a Fire District (the
increase in property tax levy availability) as when a City becomes part of an RFA.
What is the impact of LEOFF 1 liabilities on parties considering formation ofa Regional Fire
Authority (RFA)?
The obligation for LEOFF 1 liabilities (especially for retired members) would succeed to the surviving
entity just as if that new entity had incurred the obligation in the first place (much like a "successor
employer" succeeding to the obligations of its predecessor under collective bargaining agreements).
This is true whether the combination were a fire district merger or formation of an RFA. The
surviving entity (an RFA in this circumstance) would be responsible for all LEOFF 1 liability
previously incurred by the former fire agencies (i.e. former fire districts or municipalities now involved
with the RFA).
Can the governing body members ofa regional fire authority (RFA) formed under chapter
52.26 RCW be compensated for their services under the existing laws, much like fire district
commissioners are compensated under RCW 52.14.010?
The answer is yes. While not expressly stated within RCW 52.26, the opinion of Legal Counsel is that
Governing Bodies may indeed be compensated for their attendance at meetings much like that of Fire
District Commissioners. This provision should be addressed within the RFA Plan. Under the
authority of the Plan, and applicable statutes, the governing body should adopt its governing rules and
policies. One of those rules or policies could include a rule or policy establishing the compensation
policy of the RFA for board services. It makes most sense for the compensation policy to be in
accord with the language of RCW 52.14.010, which currently provides compensation of $90 per day or
portion thereof, whenever a board holds a meeting or a member otherwise provides authorized
services.
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