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HomeMy WebLinkAbout03/08/2011 00 Agenda and Packet ',„' Micah Cawley, Mayor il k _ . �V' Kathy Coffey, Assistant Mayor °'`" �' Yakima M b is 4 ��' ' u,�, m• °� Cit �Ol1 r1C �1 Dave Edler een a� 1 Rick Ensey ' "` .;:fD 1-- Agenda Dave Ettl 129 N. 2nd Street,Yakima,WA. 98901 Bill Lover Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk YAKIMA CITY COUNCIL SPECIAL MEETING — STUDY SESSION MARCH 8, 2011 — 9:00 — 10:30 A.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call 2. Regional Fire Authority 3. Audience Comments (10:15 — 10:30 a.m.) 4. Adjournment to March 15, 2011 at 6:00 p.m. for City Council Business Meeting • Yakima Tip City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strong Yakima community. Adopted March 2008 1994 CITY OF YAKIMA NOTICE OF SPECIAL MEETING YAKIMA, WASHINGTON NOTICE IS HEREBY GIVEN that a special meeting of the Yakima City Council will be held at the time, date and place indicated below, for the purpose of considering the matter specified below. Dated this 2 day of March, 2011. /s/ Deborah Kloster, CMC City Clerk Date, time and place of Special Meeting: Tuesday, March 8, 2011 at 9:00 a.m. in the Council Chambers at City Hall, 129 North Second St., Yakima Special Meeting called by: Mayor Micah Cawley Agenda: Study Session to discuss a Regional Fire Authority • • • qAtI MEMORANDUM j11 C March 3, 2011 ' L To: Honorable Mayor, Members of City Council Cc: Dick Zais, City Manager From: Dave Willson, Fire Chief Subject: Regional Fire Authority Study Session During the January and February 2011 Public Safety Committee meetings, the process of a Regional Fire Authority feasibility study was discussed. These discussions stemmed from the Council Public Safety Committee's (PSC) list of responsibilities containing these two items concerning the Fire Department. • Evaluate potential establishment of Regional Fire Authority (Budget Policy Issue) • Consider financing plan for Fire Dept. capital needs (Budget Policy Issue) Both of these issues are on the responsibilities list for 2010 and 2011. The issue of a Regional Fire Authority was also brought to the forefront when Union Gap Mayor Jim Lemon contacted Yakima Mayor Micah Cawley in January 2011 with a request to initiate discussions on a Regional Fire Authority. Based on that positive discussion, the issue was presented to the PSC. The PSC suggested having another meeting in February. Present at that meeting were Union Gap and Yakima Mayor's, Council members Lover and Coffey, and Union Gap Council members. In the February PSC Committee meeting discussion lead to the suggestion that a full Council study session be held. When working with multiple jurisdictions to make major changes many things must align to make an opportunity available. Based upon the positive discussion with three other jurisdictions, I believe there is enough alignment with surrounding jurisdictions to finally address the issue of a Regional Fire Authority, and for a feasibility study to take place in Yakima. • The following information is intended to give you a basic understanding of what a Regional Fire Authority (RFA) is and the basic framework that it may operate under. In 2004 legislature enacted laws allowing Regional Fire Authorities to be formed and outlined • the process. The City of Auburn formed the first Fire Authority in Washington in 2006. Over the next four years Regional Fire Authorities formed in: • Kent • Stanwood (North County) • West Thurston • Auburn (Valley) • Centralia (Riverside) • South Whatcom • South East Thurston • Central Greys Harbor • Other Fire Authorities in process of forming: • Bremerton • Wenatchee • Richland /Kennewick • King 10 /Issaquah • Port Townsend • Lynwood, Edmonds, Mountlake Terrace, Mill Creek, Mukilteo, Port Townsend, Briar Of the eight RFA's formed so far, it has generally taken between one and two years for these Departments to produce feasibility study documents. With all the current information available this timeline may be reduced. The feasibility study would be very thorough and contain all information needed to implement an RFA. The group performing the study would compile a comprehensive report of recommendation to a "Planning Committee ". This planning committee would be comprised of three elected officials from each participating jurisdiction. The elected officials would review the recommendation and vote whether to proceed to the next step. If approved, the planning committee would make a business plan for the new RFA. The next step would be a vote of all residents within the boundary of the new RFA. There are many variables in forming an RFA including funding options, department structure, and service levels. These variables make it impossible to answer all questions at this early stage. This brief study session is intended to give you enough information to make the decision whether to do a feasibility study or not. The decision to accept the study document recommendation would be yours to make many months from now. • If the Council decides to allow this feasibility study to take place, I would request that three council members be part of the feasibility study group. These members along with the remaining 20 members would be expected to attend a monthly meeting of two hours in length. During the process the study group may request some amount of money to aid in the study. This would be for expert advice, publication, and study material etc. As the interim Fire Chief, I appreciate the support the Council has shown in allowing this issue to be entertained by Public Safety Committee. I feel it is very important that the Department 4110 maintain the excellent level of service that the citizens receive. I firmly believe this project has the potential to have a major impact on fire services in this region. • COUNCIL RETREAT AUGUST 23, 2010 • .9 • Provide direction re: continued implementation of Council Policy Priorities • Recommend any necessary modifications to Council Policy Priorities HIGHEST PRIORITY Gang issues and economic /fiscal challenge - Council consensus that these two Highest Priority items should remain as such... . • City Manager recruitment/transition process - moved up to a Highest Priority • item. This item initiated discussion on the potential change in the city's form of government to a strong mayor format. • • Form of .Government - this too, should be a Highest Priority item. A potential timeline is 1) make a decision on changing the form of government; 2) hold a special election in February or March 2011; 3) elect a strong mayor in the. November 2011 election. City Manager Zais advised on the necessary steps • for holding a special election. He also clarified that while we could identify a search firm for recruitment, they will not recommend doing a candidate search until a decision on the form of government is made. Questions were asked about public interest in this subject. The public hearing will hopefully show that level of interest. • • HIGH PRIORITY • Hold regular, less - formal meetings - eliminate from the priority list. North 1 Street Association - continue as a high priority. • Pursue opportunities for collaboration - combine resources regionally. It was agreed to move this item from Medium to High-Priority. MEDIUM PRIORITIES Fair Avenue Corridor - continue as a Medium Priority. Assess best practices related to communications and.community outreach. remove from the priority list. • Assign CED Committee to explore community visioning process - remove from • the priority list. • • • • • 2 • • CITY OF YAKIMA COUNCIL COMMITTEES 4110 TASKS AND ASSIGNMENTS Public Safety Committee 3rd Wed — 3:00 pm Kathy Coffey (Chair) Committee Responsibilities * Televised Bill Lover - Oversee development of comprehensive Gang Free Initiative Maureen Adkison - Pursue state legislation to expand local ability to combat gang activity Alt: Ensey - Review plan to develop cleanup program utilizing city jail inmates (Budget Policy Issue) - Evaluate potential establishment of regional fire authority (Budget Policy Issue) - Consider financing plan for Fire Dept. capital needs (Budget Policy Issue) - Review plans for county-wide EMS reauthorization vote - Consider reassignment of fire marshal /fire inspection responsibilities from Codes Division to Fire Department - Consider amending City nuisance ordinance re: properties that require disproportionate law enforcement response - Monitor jail cost reduction measures - Revisit police sub - station study - Discuss future of City anti-graffiti enforcement efforts - Re- examine red light camera enforcement system Staff Responsibilities - Implement county-wide public safety /911 communications /records management system - Purse /finalize "Automatic Aid" agreements between Fire Department and other agencies • - Complete gang database upgrade - Pursue state & federal legislation and resources that enhance community safety Economic Development Committee is' Wed — 2:30 pm Maureen Adkison (Chair) - Oversee implementation of City of Yakima * Televised Bill Lover Planning Commission Dave Edler - Pursue reauthorization of federal Renewal Community legislation Alt: Ensey - Facilitate development of mill district - Oversee City's Washington State LIFT award - Review proposed updates to City's zoning code - Monitor short -term and long -term annexation practices and opportunities - Review economic growth indicators and activity - Review status re: new FEMA floodplain maps - Review stormwater regulations - Discuss ROW use and possession options - Oversee private proposals for potential relocation of City facilities • -1- ELI • CITY OF YAKIMA COUNCIL COMMITTEES TASKS AND ASSIGNMENTS Public Safety Committee 3` Wed. @ 3 pm Kathy Coffey (Chair) Committee Responsibilities * Televised Bill Lover - Oversee development of comprehensive Gang Free Initiative Maureen Adkison - Pursue state legislation to expand local ability to combat gang activity • Alt: Ensey - Review plan to develop cleanup program utilizing city jail inmates (Budget Policy Issue) - Evaluate potential establishment of regional fire authority (Budget Policy Issue) - Consider financing plan for Fire Dept. capital needs (Budget Policy Issue) - Review plans for county-wide EMS reauthorization vote - Consider reassignment of fire marshal /fire inspection responsibilities from Codes Division to Fire Department - Consider amending City nuisance ordinance re: properties that require disproportionate law enforcement response - Monitor jail cost reduction measures - Revisit police sub - station study - Discuss future of City anti - graffiti enforcement efforts - Re- examine red light camera enforcement system Staff Responsibilities - Implement county-wide public safety /911 communications /records management system - Purse /finalize "Automatic Aid" agreements between Fire Department and other agencies - Complete gang database upgrade - Pursue state & federal legislation and resources that enhance community safety Economic Development Committee 1' Wed — 2:30 pm Maureen Adkison (Chair) - Oversee implementation of City of Yakima * Televised Bill Lover Planning Commission Dave Edler - Pursue reauthorization offederal Renewal Community legislation Alt: Ensey - Facilitate development of mill district - Oversee City's Washington State LIFT award - Review proposed updates to City's zoning code - Monitor short -term and long -term annexation practices and opportunities - Review economic growth indicators and activity - Review status re: 'new FEMA jloodplain maps - Review stormwater regulations - Discuss ROW use and possession options - Oversee private proposals for potential relocation of City facilities Downtown Yakima Futures Initiative 4` Wed - 8:30 am Dave Edler Oversight Committee (Absorbed by Econ. Dev.) * Televised Dave Ettl Coordinate overall Downtown Yakima renewal initiatives Maureen Adkison ® - Oversee all phases of Downtown Yakima Futures Initiative Alt: Vacancy - Pursue state funding of DYFI Phase 4 Reg GT Fire A uth ri 11 Ty r!'.'ip:eF!!e yeti P_:; 'G c ide Fire Authority Development Process The first step in the process to determine if the regional fire authority (RFA) is right you is to ask ht for y tY ( ) g , the following questions: e Are we considering an RFA for the benefit of our citizens? • Are we considering an RFA to gain efficiencies for the benefit of our citizens? • Are we considering an RFA to improve the overall level of service, standards of cover, and enhance services for the benefit of our citizens? If the answer to these simple questions is yes, then an RFA might be a strong consideration for your depaitment. However, if you are considering an RFA simply to try to save money, or due to a funding issue; or, if you are considering an RFA to eliminate issues between fire departments (such as issues between cities and fire districts), then the RFA probably is not the answer for you. The RFA should only be used if it can be determined that combining fire departments, or subsets of fire departments, can truly benefit the citizens that are being served. If it is not about the citizens, then don't do it. If it • is...proceed forward!!! For those not familiar with the term RFA, or the concept, a regional fire protection authority (RFA) is a municipal corporation in Washington and a separate taxing district. Its boundaries are coextensive with those of the two or more fire protection jurisdictions (e.g. a fire district or districts and /or a city) that want to cooperate and form such an authority. The entity is created by a vote of the people. An RFA operates pursuant to a Plan, which is formulated by a Planning Committee and approved by the voters in the service area. The statute (Title 52) outlines broadly how the plan is formulated, what agencies to coordinate with and consult, and includes public input requirements. There is a detailed statutory provision dealing with the authorization of the RFA to establish a system of ambulance service, requiring procedures to ensure that the system does not compete with existing private • 24 • , te : ' ? . �''_' ,... ��. ti r i.j�. r i _. ;i' '�G: �i.. tic; .; cif' �:. :.P�l�..'Z' ambulance services, unless first there is a finding of inadequacy of service. There have been similar • 411 "inadequacy" and "non- compete" provisions in city and county laws for many years. However, those provisions do not exist for fire districts, as they can lawfully establish ambulance services that compete with private ambulance services without running afoul of any law (or proving inadequacy), including • the antitrust laws. In the Plan, the RFA's recommended sources of revenue should also be set forth, to include tax levies and benefit charges, if any. However, if the plan calls for imposition of any benefit charges or levying of any taxes that would need 60% voter approval, then the ballot measure to approve the Plan and create the RFA needs 60% voter approval. Otherwise, the measure needs only majority approval by • the voters. Therefore, if the decision is made by two (2) or more adjacent /contiguous fire department organizations that wish to explore the potential of combining their services for the benefit of their citizens, then the first step is to establish a Planning Committee. The Planning Committee, as stated previously, is responsible • to develop the "Plan" for the RFA, which is the single most important component of the RFA as it establishes how the RFA will operate; how the RFA will be funded; and how the RFA will be governed and managed. Here are some key points related to the "Planning Committee ": E Each governing body of the fire protection jurisdictions looking into the RFA shall appoint three (3) elected officials to the RFA Planning Committee. This can be a mix of Fire District Commissioners, City Council Members and Tribal Leaders depending upon the RFA being considered. 25 s,pi'c &f 5 .'`f' At tPirq 1 i tit The RFA Planning Committee may elect officers and adopt rules and procedures at its first meeting. These should then be agreed upon in writing. I The Planning Committee may dissolve itself at any time by a majority vote of the total membership of the Planning Committee. This would occur if the research into the RFA shows that the RFA is not the method of choice for the participating agencies. 0 Any participating fire protection jurisdiction may withdraw upon thirty (30) calendar days written notice to the other jurisdictions. The RFA Plan, developed by the Planning Committee (or by subcommittees as assigned by the Planning Committee) provides for the design, financing and development of fire protection and emergency services in the proposed RFA. The Plan: II Shall create opportunities for public input in the development of the plan. This can be handled through public hearings, public meetings, and other such venues. ® Shall consider transport issues related to use of private ambulance companies, or potential transport by the RFA itself. 11 May include land use planning and input from surrounding cities and districts. Shall deliver the final approved Plan to all of the governing bodies to initiate an election. The Plan, agreed upon by the Planning Committee, still requires the approval of the governing bodies of each entity in order to place the RFA on the ballot (i.e. individual City Councils and Fire District Commissioner Boards still have to approve the RFA Plan for it to move forward). ® If the RFA Plan is placed on the ballot, yet not approved through an election by citizens in the affected areas, the RFA Planning Committee may modify the Plan for resubmission to the voters. • 26 • A LIZ:II or ty !r p;£:''i7. Ir on • If the RFA Plan fails three (3) times the RFA Planning Committee is dissolved (in other . words, three (3) strikes and you're out!!!). • Funding for the RFA may include any tax or benefit charge that is.available to a fire district: • Fire levy (collection up to $1.50 per $1000 of assessed valuation, including the authority to run multi-year lid lifts). • • EMS levy • • Excess levy • Benefit Charge • Bonds for Capital Purchases • All funding mechanisms require a super majority (60% or greater), except the $1.50/1000 of AV fire levy (ad valorem property taxes). The funding mechanism for the RFA is built directly into the RFA Plan. Thus, when the RFA is eventually placed before the voters at an agreed upon election, if the • • RFA Plan includes a funding mechanism that requires a simple majority (ad valorem taxes at up to $1.50 per $1000 of A /V) then the approval of the RFA Plan by the voters requires a simple majority (50% plus 1 voter). If the RFA Plan includes a funding mechanism that requires a super majority (60% or greater, such as via the Benefit Charge) then the approval of the RFA Plan by the voters requires a super majority. The governing bodies'of the fire protection jurisdictions may certify the Plan to the ballot once they receive the RFA Plan from the Planning Committee. The governing bodies of the fire protection jurisdictions draft a single ballot measure that both approves the formation of the authority (RFA), and approves the plan itself. Authorities may negotiate interlocal agreements necessary to implement the plan. The electorate is the citizens voting within the boundaries of the proposed regional fire protection service authority. In other words, all citizens in the proposed RFA who are registered to 27 • .'1 t. , vote have the authority to vote on the RFA. It is the TOTAL of all who vote that determine the outcome of the RFA (in other words, the RFA does not need to pass in each individual jurisdiction...it is the combined vote from all participating jurisdictions' which determines passage or failure). The RFA is liable for its proportionate share of the costs of the election if it passes. If it fails, each original governing entity must share the costs of the election based upon the formulas utilized for elections based on the number of registered voters in each area. If the RFA passes at the ballot, the RFA is formed on the next January 1st or July 1st after voter approval. The county where the RFA has formed shall publish a notice declaring the RFA formed within 15 days of the certification of the election. Any challenge on the procedure or the formation of the RFA must take place within 30 days of the certification of the election to the County Prosecuting Attorney and Attorney General. A key point to keep in mind is that due to the operations within each County around the State, if an RFA election takes place after August 1St of a given year, then the RFA will not be able to collect ad valorem taxes or issue benefit service charges in the upcoming year (i.e. if the ballot measure passes in mid- August or November of 2007, the RFA can not begin to collect funds as a municipal organization until January of 2009...not 2008). This is due to the fact that for County Finance and the Assessor's Office, August 1' is the cut off date for any entity to be formally in place for the collection of property taxation or benefit service charges in the following year. This key component must be kept in mind during the Planning Committee process as it might require that the RFA operate in its first year under contractual agreements with the old governance bodies (i.e. contracts with the Cities or Fire Districts) to collect funds and distribute these funds back to the RFA for its operations. Then, the following year, the RFA can operate as outlined under Title 52 for revenue. The statute provides that RFA Plans shall be reviewed, and updated as necessary, by the governing body, every ten years. 28 • ::54(.1 i.ii:c:.. 'i`s Au•t:iority frnplei TA en • :t/ %'t LS • • Most of the typical list of powers usually provided to fire districts or cities are included for the RFA • within Title 52, plus a sort of "catchall" provision saying the board may exercise powers and perform duties the board determines necessary to carry out the purposes, functions and projects-of the authority in accordance with Title 52, if one of the fire protection jurisdictions is a fire district, or • other statutes identified in the plan, if none are fire districts. Property rights and eminent domain powers would be "transferred" from the former fire districts and /or cities to the RFA. This makes it rather plain that a participating city or fire district is "out of business" completely, at least with respect to fire and EMS, when an RFA is created. All funds, assets, and personnel of the participating jurisdictions must be transferred over to the RFA. Detailed statutory changes make it clear that employees get transferred, with at least equal compensation to what they enjoyed at the time of transfer, no change in benefits, promotional opportunities, or probationary periods. If any of the participating jurisdictions had a civil service system, as city firefighters do (and a few fire districts, such 0 . as Lakewood) then the law requires that to be negotiated per RCW 41.56. Existing collective bargaining agreements must be honored until they expire, or have been modified or renegotiated by the RFA and the new Union(s). The RFA can incur indebtedness and issue municipal bonds, up to three - fourths of one percent of the taxable property within the boundaries and not to exceed twenty years. Also, general obligation bonds are allowed to be issued, but not to exceed 1 1 /2 percent of the value of taxable property. • • Frequently Asked Questions • 29 a ;,,Fin r "1 « .'i:: A ci'7ty iM siS:7?tvi::'', Quid :' Implementation Matrix • Each Governing Body interested must make the decision to research the possibility of an RFA with contiguous /adjacent neighboring fire departments. This can be a full fire organization RFA, or a subset (i.e. Training RFA, Special Operations RFA, etc.). II. The Governing Bodies send letters to each other indicating their desire to study the possibility of forming an RFA. III. The Governing Bodies must appoint three (3) members each to form a "Planning Committee" (i.e. 3 -each elected officials from any involved Fire District or Municipal /City Department). IV. The Planning Committee meets and establishes their rules of operation. • Frequency of meetings • Chair of Planning Committee (if desired) • Use of subcommittees • Time frame for final report - V. The Planning Committee must identify the following: • The vision of the RFA. • The services to be provided by the RFA. • What the Governing Body of the RFA will be composed of (this is left totally up to the Planning Committee as to membership (i.e. a mix of City Council members, Fire District Commissioners, or citizens elected or appointed al large); the number of members on the new Governing Body (the statute is silent on this, so it is totally up to the Planning Committee); and length of time each member will serve on the new governing board. • 34 • Rt ✓j.t..- Fi i�; in bii i sm p ie • The funding mechanism to be utilized by the RFA (i.e. ad valorem taxes, benefit • ID • charges, excess levy, EMS Levy, etc.). • • The level of service /standards of cover to be utilized by the RFA. • The makeup of the Administrative Team. • The extent that Labor will be involved in the planning process (it is strongly suggested they be intimately involved throughout the process). • The methodology to determine how different Labor groups will be combined within • the RFA, potentially under a newly negotiated collective bargaining agreement (CBA), or under old CBAs for a short period of time until a new CBA can be negotiated. VI. The Planning Committee finalizes the RFA Plan and adopts it by majority of the Committee. VII. The.RFA Plan is sent to the individual Governing Bodies. Each Governing Body must approve the Plan for the RFA to continue forward. VIII. Once approved by the Governing Bodies, the Planning Committee develops ballot • language to place the RFA before the voters in all areas affected by the RFA. IX. The individual Governing Bodies must approve the ballot language and then must place it • on the same ballot within their individual jurisdictions. X. If the RFA Plan includes a funding mechanism for ad valorem property taxes (up to $1.50 per $1000 of A /V), then a simple majority (50% plus 1) is required for passage. If the RFA Plan includes an excess levy or benefit charge for operations, then a 60% super majority is required (plus a 40% validation requirement if the excess levy is utilized for funding). XI. If the RFA Plan is passed by the electorate, then the RFA goes into effect on the following January 15t or July 1" following the election (NOTE: the RFA Plan does not need to pass in all individual areas, the vote is a combined total of all voting). 35 • ri .' l /Iv,: i a..L LiiL�t •11 s4fpi vJa,u � �f $ Lu c XII. If the RFA Plan fails at the ballot box, then the RFA Plan is returned to the Planning • Committee for further action. This action can include: • Retooling of the Plan for possible resubmission to the electorate. • Placing the same Plan before the electorate it a later date after additional public outreach. • Deciding that the RFA is simply not the thing to do at this time. • The RFA Plan can be voted on three (3) times before the Planning Committee has to formally be dissolved. • XIII. The RFA begins operation on January 1" or July 15t following the election. If the RFA vote takes place after August 1" of a given year, then the RFA can not legally collect ad valorem taxes or a benefit charge until the year following the formation of the RFA. If the election is held prior to August 1 ", then the RFA can collect taxes and /or the benefit charge the upcoming year. In situations wherein taxes or the benefit charge can not be collected, the • RFA should contract back with 'the original participating jurisdictions (i.e. cities and fire districts) to have them collect funds and distribute them to the RFA via a contractual agreement for the first year of the RFA. Thereafter, the RFA will collect revenues on its own. • • 36 f" : Fir Z 9Z t ti I - • •..,!c�tr , ,r d - i �A�'rt7f?{"r�'i.� 'l1�fi-,•1��rtctclfJ ?r t.; ,,°ddr • 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 I learn 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 ROXWs 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 if 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 30 • Regional i=rf',' Authority m c rra ticn Gtti € 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* 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. 31 ";:. gi0 & tit A1.'�'C ° 1: - ipt° .t iii t9r :crF u:de 41111 • 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 Fire 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 of a 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 5226 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. • • • 32 • • Title 52 Tide 52 of the Revised Code of Washington (RCW) provides the laws pertaining to Fire Districts: In • . 2004, RCW 52.26 was adopted by the State Legislature and added to Title 52 which allows for the formation and operation of Regional Fire Authorities (RFA). The RFA, in effect, operates like a fire district and thus has been codified under the majority of the laws applicable to fire districts. There are, • however, differences between an RFA and a fire district in areas which will continue to be identified over the upcoming years_ related to legislative updates. • RCW 52.26 provides legal descriptions of the process related to the formation of the Planning Committee and its function (52.26.030 and .040); a funding model related to taxation or the benefit charge (52.26.050 and others within 52.26); organization of the governing board (52.26.080); the powers of the governing board (52.26.090); and many other pertinent sections related to operations of the RFA. The following section captures the most important aspects of RCW 52.26, others of which may be found by reviewing a copy of the RCW's either on line (internet) or via a hard copy: • 5 Chapter 52.26 RCW Regional fire protection service authorities • RCW Sections • 52.26.010 Findings 52.26.020 Definitions 52.26.030 Planning committee - Formation - Powers 52.26.040 Planning committee - Formulation of service plan - Competition with private ambulance service 52.26.050 Service plan - Taxes and benefit charges • 52.26.060 Service plan- Submission to voters 52.26.070 Service authority - Formation - Challenges. . 52.26.080 Organization and composition of governing board 52.26.090 Powers of governing board • 52.26.100 Transfer of responsibilities and employees to authority - Civil service system 52.26.110 Withdrawal, reannexation of territory 52.26.120 Dissolution of fire protection district - Election - Transfer of responsibilities 52.26.130 Debt - Interlocal contracts - General obligation bonds 52.26.140 Levy of taxes - Levies authorized by special election - Indebtedness - Definition 52.26.150 Levy of taxes - To be made by county or counties where authority is located • • 52.26.160 Taxation of lands lying within authority and forest protection assessment area 52.26.170 Collection of taxes 52.26.180 Benefit charges 52.26.190 Benefit charges - Exemptions 52.26.200 Benefit charges - Resolution - County assessor's duties 52.26.210 Benefit charges - Administration and collection by county treasurer 52.26.220 Benefit charges - Submission to voters - Renewal 52.26.230 Benefit charges - Establishment - Public hearings - Notice to property owners 52.26.240 Benefitcharges - Limitation on imposition of property tax 52.26.250 Benefit charges - Complaints - Review board 52.26.260 Benefit charges - Model resolution - Assistance by Washington fire commissioners association 52.26.270 Benefit charges - Additional exemption 52.26.280 Civil service - When authorized or required 52.26.290 Annexation of territory • 52.26.900 Captions not law - 2004 c 129 52.26.901' Severability - 2004 c 129 • • • 6 • \ ,. • .l:' :C !'. l <<.�:1� �i`�' r :;� (' ..:,1� RCW 52.26.010 Findings The legislature finds that: • 1. The ability to respond to emergency situations by many of Washington state's fire protection jurisdictions has not kept up with the state's needs, particularly in urban regions; 2. Providing a fire protection service system requires a shared partnership and responsibility among the federal, state, local, and regional governments and the private sector; 3. There are efficiencies to be gained by regional fire protection service delivery while retaining local control; and • 4. Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection service agencies, using already existing taxing authority to address fire protection emergency service needs and new authority to address critical fire protection projects and emergency services. • RCW 52.26.020 Definitions The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. • 1. "Board" means the governing body of a regional fire protection service authority. 2. "Regional fire protection service authority" or "authority" means a municipal corporation, an independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, whose boundaries are coextensive with two or more adjacent fire protection jurisdictions and that has been created by a vote of the people under this chapter to implement a regional fire protection service authority plan. 3. "Regional fire protection service authority planning committee" or "planning committee" means the advisory committee created under RCW 52.26.030 to create and propose to fire protection jurisdictions a regional fire protection service authority plan to design, finance, and develop fire protection and emergency service projects. 4. "Regional fire protection service authority plan" or "plan" means a plan to develop and finance a fire protection service authority project or projects, including, but not limited to, specific capital projects, fire operations and emergency service operations pursuant to RCW 52.26.040(3)(b), and preservation and maintenance of existing or future facilities. 5. "Fire protection jurisdiction" means a fire district, city, town, port district, or Indian tribe. 6. "Regular property taxes" has the same meaning as in RCW 84.04.140. 7 • RCW 52.26.030 Planning committee - Formation - Powers Regional fire protection service authority planning committees are advisory entities that are created, convened, and empowered as follows: • ] Any two or more adjacent fire protection jurisdictions may create a regional fire protection • service authority and convene a regional fire protection service authority planning committee. No fire protection jurisdiction may participate in more than one authority. 2. Each governing body of the fire protection jurisdictions participating in planning under this chapter shall appoint three elected officials to the authority planning committee. Members of the planning committee may receive compensation of seventy dollars per day, or portion thereof, not to exceed seven hundred dollars per year, for attendance at planning committee meetings and for . performance of other services in behalf:of the authority, and may be reimbursed for travel and incidental expenses at the discretion of their respective governing body: • 3. A regional fire protection service authority planning committee may receive state funding, as appropriated by the legislature, or county funding provided by the affected counties for start -up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred. Upon creation of a regional fire protection service authority, the authority shall within one year reimburse the state or county for any sums advanced for these start -up costs from the state or county. • 4. The lannin committee shall conduct its affairs and formulate a regional fire protection service • P g g' P authority plan as provided under RCW 52.26.040. 5. At its first meeting, a regional fire protection service authority planning committee may elect officers and provide for the adoption of rules and other operating procedures. 6. The planning committee may dissolve itself at any time by a majority vote of the total membership of the planning committee. Any participating fire protection jurisdiction may withdraw upon thirty calendar days' written notice to the other jurisdictions. RCW 52.26.040 Planning committee - Formulation of service plan - Competition with private ambulance service • 1. A regional fire protection service authority planning committee shall adopt a regional fire protection service authority plan providing for the design, financing, and development of fire protection and emergency services. The planning committee may consider the following factors in • formulating its plan: • a. Land use planning criteria; and 8 b. The input of cities and counties located within, or partially within, a participating fire protection jurisdiction. • 2. The planning committee may coordinate its activities with neighboring cities, towns, and other local governments that engage in fire protection planning. 3. The planning committee shall: • • a. Create opportunities for public input in the development of the plan; b. Adopt a plan proposing the creation of a regional fire protection service authority and recommending design, financing, and development of fire protection and emergency service facilities and operations, including maintenance and preservation of facilities or systems. The plan may authorize the authority to establish a system of ambulance service to be operated by • the authority or operated by contract after a call for bids. However, the authority shall not provide for the establishment of an ambulance service that would compete with any existing private ambulance service, unless the authority determines that the region served by the authority, or a substantial portion of the region served by the authority, is not adequately served by an existing private ambulance service. In determining the adequacy of an existing private ambulance service, the authority shall take into consideration objective generally accepted medical standards and reasonable levels of service which must be published by the authority. Following the preliminary conclusion by the authority that the existing private ambulance service is inadequate, and before establishing an ambulance service or issuing a call for bids, the authority shall allow a minimum of sixty (60) days for the private ambulance service to meet the generally accepted medical standards and accepted levels of service. In the • event of a second preliminary conclusion of inadequacy within a twenty -four (24) month period, the authority may immediately issue a call for bids or establish its own ambulance service and is not required to afford the private ambulance service another sixty (60) day period to meet the generally accepted medical standards and reasonable levels of service. A private ambulance •service that is not licensed by the department of health or whose license is denied, suspended, or revoked is not entitled to a sixty (60) day period within which to demonstrate adequacy and the authority may immediately issue a call for bids or establish an ambulance service; and c. In the plan, recommend sources of revenue authorized by RCW 52.26.050, identify the portions of the plan that may be amended by the board of the authority without voter approval, consistent with RCW 52.26.050, and recommend a financing plan to fund selected fire protection and emergency services and projects. 4.. Once adopted, the plan must be forwarded to the participating fire protection jurisdictions' governing bodies to initiate the election process under RCW 52.26.060. 5. If the ballot measure is not approved, the planning committee may redefine the selected regional fire protection service authority projects, financing plan, and the ballot measure. The fire protection jurisdictions' governing bodies may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at a subsequent election or a special election. If a ballot measure is not approved by the voters by the third vote, the planning committee is dissolved. • 9 • RCW 52.26.050 Service plan - Taxes and benefit charges • • 1. A regional fire protection service authority planning committee may, as part of a regional fire protection service authority plan, recommend the imposition of some or all of the following revenue sources, which a regional fire protection service authority may impose upon approval of the voters as provided in this chapter: • • a. Benefit charges under RCW 52.26.180 through 52.26.270; b. Property taxes under RCW 52.26.140 through 52.26.170 and 84.52.044 and RCW 84.09.030, 84.52.010, 84.52.052, and 84.52:069; or • • c. Both (a) and (b) of this subsection. • • 2. The authority may impose taxes and benefit charges as set forth in the regional fire protection service authority plan upon creation of the authority, or as provided for in this chapter after creation of the authority: If the plan authorizes the authority to impose benefit charges or sixty (60) percent voter approved taxes, the plan and creation of the authority must be approved by an . affirmative vote of sixty (60) percent of the voters within the boundaries of the authority voting on a ballot proposition as set forth in RCW 52.26.060. However, if the plan provides for alternative sources of revenue that become effective if the plan and creation of the authority is approved only.by a majority vote, then the plan with alternative sources of revenue and creation of the authority may be:approved by an affirmative vote of the majority of those voters. If the plan does not authorize the authority to impose benefit charges or sixty (60) percent voter approved taxes, the plan and creation of the authority must be approved by an affirmative vote of the majority of the. voters within the boundaries of the authority voting on a ballot proposition as set forth in RCW 52.26.060. Except as provided in this section, all other voter approval requirements under law for the levying of property or the imposition of benefit charges apply. Revenues from these taxes and benefit charges may be used only to implement the plan as set forth in this chapter. RCW 52.26.060 Service plan - Submission to voters The governing bodies of two or more adjacent fire protection jurisdictions, upon receipt of the regional fire protection service authority plan under RCW 52.26.040, may certify the plan to the ballot, including identification of the revenue options specified to fund the plan. The governing bodies of the fire protection jurisdictions may draft a ballot title, give notice as required by law for ballot measures, and perform other duties as required to put the plan before the voters of the proposed authority for their approval or rejection as a single ballot measure that both approves formation of the authority and approves the plan. Authorities may negotiate interlocal agreements necessary to implement the plan. The electorate is the voters voting within the boundaries of the proposed regional fire protection service authority. A simple majority of the total persons voting on the single ballot measure to approve the plan and establish the authority is required for approval. However, if the plan authorizes 10 C'.`r�.�; rr: • the authority to impose benefit charges or sixty (60) percent voter approved taxes, then the percentage of total persons voting on the single ballot measure to approve the plan and establish the authority is the same as in RCW 52.26.050. The authority must act in accordance with the general election laws of the state. The authority is liable for its proportionate share of the costs when the elections are held • under RCW 29A.04.321 and 29A.04.330. RCW 52.26.070 • Service authority - Formation - Challenges If the voters approve the plan, including creation of a regional fire protection service authority and imposition of taxes and benefit charges, if any, the authority is formed on the next January 1st or July 1st, whichever occurs first. The appropriate county election officials shall, within fifteen (15) days of the final certification of the election results, publish a notice in a newspaper or newspapers of general circulation in the authority declaring the authority formed. A party challenging the procedure or the formation of a voter - approved authority must file the challenge in writing by serving the prosecuting attorney of each county within, or partially within, the regional fire protection service authority and the attorney general within thirty days after the final certification of the election. Failure to challenge within that time forever bars further challenge of the authority's valid formation. RCW 52.26.080 • Organization and composition of governing board 1. The board shall adopt rules for the conduct of business. The board shall adopt bylaws to govern authority affairs, which may include: • a. The time and place of regular meetings; b. Rules for calling special meetings; c. The method of keeping records of proceedings and official acts; d. Procedures for the safekeeping and disbursement of funds; and e. Any other provisions the board finds necessary to include. . 2. The governing board shall be determined by the plan and consist solely of elected officials. • RCW 52.26.090 Powers of governing board 1. The governing board of the authority is responsible for the execution of the voter - approved plan. Participating jurisdictions shall review the plan every ten (10) years. The board may: 11 • • • . ^I!. a. Levy taxes and impose benefit charges as authorized in the plan and approved by authority voters; b. Enter into agreements with federal, state, local, and regional entities and departments as necessary to accomplish authority purposes and protect the authority's investments; c. Accept gifts, grants, or other contributions of funds that,will support the purposes and programs the authority; • • d. Monitor and audit the progress and execution of fire protection and emergency service projects to protect the investment of the public and 'annually make public its findings; • e. Pay for services and enter into leases and contracts, including professional service contracts; • . f. Hire, manage, and terminate employees; and • g. Exercise powers and perform duties as the board determines necessary to carry out the purposes, functions, and projects of the authority in accordance with Title 52 RCW if one (1) of the fire protection jurisdictions is a fire district, unless provided otherwise in the regional fire protection service authority plan, �r in accordance with the statutes identified in the plan if none of the fire protection jurisdictions is a fire district. 2. An authority may enforce fire codes as provided under chapter 19.27 RCW. • • RCW 52.26.100 • • • Transfer of responsibilities and employees to authority — Civil service system t. Except as otherwise provided in the regional fire protection service authority plan, all powers, • duties, and functions of a participating fire protection jurisdiction pertaining to fire protection and emergency services shall be transferred to the regional fire protection service authority on its creation date. 2. a. Except as otherwise provided in the regional fire protection service authority plan, and on the creation date of the regional fire protection service authority, all reports, documents, surveys, books, records, files, papers, or written material in the possession of the participating fire protection jurisdiction pertaining to fire protection and emergency services powers, functions, and duties shall be delivered to the regional fire protection service authority; all real property and personal property including cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the participating fire protection jurisdiction in carrying out the fire protection and emergency services powers, • functions, and duties shall be transferred to the regional fire protection service authority; and • all funds, credits, or other assets held by the participating fire protection jurisdiction in connection with the fire protection and emergency services powers, functions, and duties shall be transferred and credited to the regional fire protection service authority. b. Except as otherwise provided in the regional fire protection service authority plan, any appropriations made to the participating fire protection jurisdiction for carrying out the fire protection and emergency services powers, functions, and duties shall be transferred and • credited to the regional fire protection service authority. 12 c. Except as otherwise provided in the regional fire protection service authority plan, whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the governing body of the participating fire protection jurisdiction shall make a determination as to the proper allocation. 3. Except as otherwise provided in the regional fire 'protection service authority plan, all rules and all pending business before the participating fire protection jurisdiction pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the regional fire protection service authority, and all existing contracts and obligations shall remain in full force and shall be • performed by the regional fire protection service authority. 4. The transfer of the powers, duties, functions, and personnel of the participating fire protection jurisdiction shall not affect the validity of any act performed-before creation of the regional fire protection service authority. . 5. If apportionments of budgeted funds are required because of the transfers, the treasurer for the authority shall certify the apportionments. 6. a. Subject to (c) of this subsection, all employees of the participating fire protection jurisdictions are transferred to the jurisdiction of the regional fire protection service authority on its creation date. Upon transfer, unless an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the participating fire protection jurisdictions, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of a participating fire protection jurisdiction, including rights to: (i) Compensation at least equal to the level at the time of transfer; (ii) Retirement, vacation, sick leave, and any other accrued benefit; (iii) Promotion and service time accrual; and (iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date. b. If any or all of the participating fire protection jurisdictions provide for civil service in their fire departments, the collective bargaining representatives of the transferring employees and the participating fire protection jurisdictions must negotiate regarding the establishment of a civil service system within the authority. This subsection does not apply if none of the . participating fire protection districts provide for civil service. • c. Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has • expired or until the bargaining unit has been modified as provided by law. • 13 • ,:.'.,1C+itlp • RCW 52.26.110 Withdrawal, reannexation of territory • 41) 1. As provided in this section, a regional fire protection service authority may withdraw areas from its boundaries or reannex into the authority areas that previously had been withdrawn from the authority under this section. 2. a. The withdrawal of an area is authorized upon: (i) Adoption of a resolution by the board approving the withdrawal and finding that, in the opinion of the board, inclusion of this area within the regional fire protection service authority will result in a reduction of the authority's tax levy rate under the provisions of RCW 84.52.010; or (ii) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the governing body of the fire protection district within which the area is located approving the withdrawal, if the area is located outside - of a city or town, but within a fire protection district. b. A withdrawal under this section is effective at the end of the day on the thirty-first day of December in the year in which the resolution under (a) (i) or (ii) of this subsection is adopted, • but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the resolution. c. The withdrawal of an area from the boundaries of an authority does not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of • • the authority existing at the time of withdrawal. 3. a. An area that has been withdrawn from the boundaries of a regional fire protection • service authority under this section may be reannexed into the authority upon: (i) Adoption of a resolution by the board proposing the reannexation; and (ii) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the governing body of the fire protection district within which the area is located approving the reannexation, if the area is located outside of a city or town • but within a fire protection district. b. A reannexation under this section shall be effective at the end of the day on the thirty -first day of December in the year in which the adoption of the resolution under (a)(ii) of this • subsection occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the resolution. c. i. Referendum action on the proposed reannexation under this section may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or governing body of the fire protection district, within a thirty-day period after the adoption of the resolution under (a)(ii) of this subsection, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area. ii. If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the S reannexation shall be submitted to the voters of the area at the next special election date specified in RCW 29A.04.330 that occurs forty-five or more days after the petitions have • 14 • CiiJlG;', ! i' 'Y: r'I:�l' t�J,( !E;:fC:•' !r ( ±C... �. ^ ?1 :�. . been validated. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. RCW 52.26.120 Dissolution of fire protection district — Election - Transfer of responsibilities Any fire protection district within the authority may be dissolved by a majority vote of the registered electors of the district at an election conducted by the election officials of the county or counties in which the district is located in accordance with the general election laws of the state. The proceedings for dissolution may be initiated by the adoption of a resolution by the board. The dissolution of the . • district shall not cancel outstanding obligations ofthe district or of a local improvement district within the district, and the county legislative authority or authorities of the county or counties in which the district was located may make annual levies against the lands within the district until the obligations of the districts are paid. All powers, duties, and functions of a dissolved fire protection jurisdiction within the authority boundaries, pertaining to providing fire protection services may be transferred, by resolution, to the regional fire protection service authority. RCW 52.26.130 Debt - Interlocal contracts - General obligation bonds . 1. An authority may incur general indebtedness for authority purposes, issue bonds, notes, or other evidences of indebtedness not to exceed an amount, together with any outstanding nonvoter approved general obligation debt, equal to three- fourths of one percent of the value of the taxable property within the authority. The maximum term of the obligations may not exceed twenty years. The obligations may pledge benefit charges and may pledge payments to an authority from the state, the federal government, or any fire protection jurisdiction under an interlocal contract. The interlocal contracts pledging revenues and taxes are binding for a term not to exceed twenty-five years, and taxes or other revenue pledged by an interlocal contract may not be eliminated or modified if it would impair the pledge of the contract. 2. An authority may also issue general obligation bonds for capital purposes not to exceed an . amount, together with any outstanding general obligation debt, equal to one and one -half percent of the value of the taxable property within the authority. The authority may provide for the retirement of the bonds by excess property tax levies. The voters of the authority must approve a proposition authorizing the bonds and levies by an affirmative vote of three -fifths of those voting on the proposition at an election. At the election, the total number of persons voting must constitute not less than forty percent of the voters in the authority who voted at the last preceding general state election. The maximum term of the bonds may not exceed twenty-five years. Elections shall be held as provided in RCW 39.36.050. 3. Obligations of an authority shall be issued and sold in accordance with chapters 39.46.and 39.50 RCW, as applicable. • 4110 15 t;:'-,' :� ?r: :i .'<<' (!-?'� %�ii(:.;el?— : r RCW 52.26.140 Levy of taxes - Levies authorized by special election — Indebtedness - Definition 0 1. To carry out the purposes for which a regional fire protection service authority is created, as • authorized in the plan and approved by the voters, the governing board of an authority may annually levy'the following taxes: . ' a. An ad valorem tax on all taxable property located within the authority not to exceed fifty cents per thousand dollars of assessed value; . b. An ad valorem tax on all property located within the authority not to exceed fifty cents per thousand dollars of assessed value and which will not cause the combined levies to exceed the . constitutional or statutory limitations. This levy, or any portion of this levy, may also be made when dollar rates of other taxing units are released by agreement with the other taxing units from their authorized levies; and c. An ad valorem tax on all taxable property located within the authority not to exceed fifty cents • per thousand dollars of assessed value if the authority has at least one full-time, paid employee, or contracts with another municipal corporation for the services of at least one full -time, paid • employee. This levy may be made only if it will not affect dollar rates which other taxing . districts may lawfully claim nor cause the combined levies to exceed the constitutional or statutory limitations or both. . . 2. Levies in excess of the amounts provided in subsection (1) of this section or in excess of the aggregate dollar rate limitations or both may be made for any authority purpose when so ® authorized at a special election under RCW 84.52.052. Any such tax when levied must be certified ■ to the proper county officials for the collection of the tax as for other general taxes. The taxes ' when collected shall be placed in the appropriate authority fund or funds as provided by law, and • must be paid out on warrants of the auditor of the county in which all, or the largest portion of, the authority is located, upon authorization of the governing board of the authority. 3. Authorities may provide for the retirement of general indebtedness by excess property tax levies as set forth in RCW 52.26.130. 4. For purposes of this chapter, the term "value of the taxable property" has the same meaning as in RCW 39.36.015. . • RCW 52.26.150 . . . Levy of taxes - To be made by county or counties where authority is located At the time of making general tax levies each year, the county legislative authority or authorities of the county or counties in which a regional fire protection service authority is located shall make the required levies for authority purposes against the real and personal property in the authority in accordance with the equalized valuations of the property for general tax purposes and as a part of the general taxes. The tax levies are part of the general tax roll and must be collected as a part of the general taxes against the property in the authority. . • 16 • = :so/ ' : .. ! 11;l(._ RCW. 52.26.160 Taxation of lands lying within authority and forest protection assessment area In the event that lands lie within both a regional fire protection service authority and a forest protection assessment area they shall be taxed and assessed as follows: • 1. If the lands are wholly unimproved, they are subject to forest protection assessments but not to authority levies; 2. If the lands are wholly improved, they are subject to authority levies but not to forest protection • assessments; and • 3. If the lands are partly improved and partly unimproved, they are subject both to authority levies and to forest protection assessments. However, upon request, accompanied by appropriate legal descriptions, the county assessor shall segregate any unimproved portions which each consist of twenty or more acres, and thereafter the unimproved portion or portions are subject only to forest protection assessments. • RCW 52.26.170. Collection of taxes It is the duty of the county treasurer of the county in which the regional fire protection service authority created under this chapter is located to collect taxes authorized and levied under this chapter. However, when a regional fire protection service authority is located in more than one county, the county treasurer of each county in which the authority is located shall collect the regional fire protection service authority's taxes that are imposed on property located within the county and transfer these funds to the treasurer of the county in which the majority of the authority lies. RCW 52.26.180 Benefit charges 1. The governing board of a regional fire protection service authority may by resolution, as authorized in the plan and approved by the voters, for authority purposes authorized by law, fix and impose a benefit charge on personal property and improvements to real property which are • located within the authority on the date specified and which have received or will receive the benefits provided by the authority, to be paid by the owners.of the properties. A benefit charge does not apply to personal property and improvements to real property owned or used by any recognized religious denomination or religious organization as, or including, a sanctuary or for purposes related to the bona fide religious ministries of the denomination or religious organization, including schools and educational facilities used for kindergarten, primary, or secondary educational purposes or for institutions of higher education and all grounds and buildings related thereto. However, a benefit charge does apply to personal property and improvements to real property owned or used by any recognized religious denomination or religious organization for business operations, profit - making enterprises, or activities not including use of a sanctuary or related to kindergarten, primary, or secondary educational purposes or for 411 • 17 • ` '•G2 :('; m ± it l: .�r:t7 jai ��`/ .il pi r ..I •i:. • institutions of higher education. The aggregate amount of these benefit charges in any one year may not exceed an amount equal to sixty percent of the operating budget for the year in which the ® benefit charge is to be collected. It is the duty of the county legislative authority or authorities of the county or counties in which the regional fire protection service authority is located to make any necessary adjustments to assure compliance with this limitation and to immediately notify the governing board of an authority of any changes thereof. 2. A benefit charge imposed must be reasonably proportioned to the measurable benefits to property resulting from the services afforded by the authority. It is acceptable to apportion the benefit charge to the values of the properties as found by the county assessor or assessors modified generally in the proportion that fire insurance rates are reduced or entitled to be reduced as the result of providing the services. Any other method that reasonably apportions the benefit charges to the actual benefits resulting from the degree of protection, which may include but is not limited to the distance from regularly maintained fire protection equipment, the level of fire prevention services provided to the properties, or the need of the properties for specialized services, may be specified in the resolution and is subject to contest on the grounds of unreasonable or capricious action or action in excess of the measurable benefits to the property resulting from services afforded by the authority. The governing board of an authority may determine that certain properties or types or classes of properties are not receiving measurable benefits based on criteria they establish by resolution. A benefit charge authorized by this chapter is not applicable to the personal property or improvements to real property of any individual, corporation, partnership, firm, organization, or association maintaining a fire department and.whose fire protection and training system has been accepted by a fire insurance underwriter maintaining a fire protection engineering and inspection service authorized by the state insurance commissioner to do business in this state, but the property may be protected by the authority under a contractual agreement. 3. For administrative.purposes, the benefit charge imposed on any individual property may be • compiled into a single charge, provided that the authority, upon request of the property owner, provide an itemized list of charges for each measurable benefit included in the charge. 4. For the purposes of this section and RCW 52.26.190 through 52.26.270, the following definitions apply: a. i. "Personal property" includes every form'of tangible personal property including, but not limited to, all goods, chattels, stock in trade, estates, or crops. ii. Personal property" does not include any personal property used for farming, field crops, farm equipment, or livestock. b. "Improvements to real property" does not include permanent growing crops, field improvements installed for the purpose of aiding the growth of permanent crops, or other • field improvements normally not subject to damage by fire. • RCW 52.26.190 • Benefit charges - Exemptions • All personal property not assessed and subjected to ad valorem taxation under Title 84 RCW, all property under contract or for which the regional fire protection service authority is receiving • 18 • c.Cr:i'ri�.i �;1C "7!'O!i i' 'L p1Cr11C7i1 ?tic (::.'IUD payment for as authorized by law, all property subject to chapter 54.28 RCW, and all property that is subject to a contract for services with an authority, is exempt from the benefit charge imposed under • this chapter. RCW 52.26.200 Benefit charges - Resolution - County assessor's duties 1. The resolution establishing benefit charges as specified in RCW 52.26.180 must specify, by legal geographical areas or other specific designations, the charge to apply to each property by location, type, or other designation, or other information that is necessary to the proper computation of the benefit charge to be charged to each property owner subject to the resolution. • 2. The county assessor of each county in which the regional fire protection service authority is located shall determine and identify the personal properties and improvements to real property that are subject to a benefit charge in each authority and shall furnish and deliver to the county treasurer of that county a listing of the properties with information describing the location, legal description, and address of the person to whom the statement of benefit'charges is to be mailed, the name of the owner, and the value of the property and improvements, together with the benefit charge to apply to each. These benefit charges must be certified to the county treasurer for collection in the same manner that is used for the collection of fire protection charges for forest lands protected by the department of natural resources under RCW 76.04.610 and the same penalties and provisions for collection apply. RCW 52.26.210 Benefit charges - Administration and collection by county treasurer • Each regional fire protection service authority shall contract, prior to the imposition of a benefit charge, for the administration and collection of the benefit charge by each county treasurer, who shall deduct a percentage, as provided by contract to reimburse the county for expenses incurred by the county assessor and county treasurer in the administration of the resolution and this chapter. The county treasurer shall make distributions each year, as the charges are collected, in the amount of the benefit charges imposed on behalf of each authority, less the deduction provided for in the contract. RCW 52.26.220 Benefit charges - Submission to voters - Renewal 1. Notwithstanding any other provision in this chapter to the contrary, any benefit charge authorized by this chapter is not effective unless a proposition to impose the benefit charge is approved by a sixty (60) percent majority of the voters of the regional fire protection service authority voting at a general election or at a special election called by the authority for that purpose, held within the • authority. A ballot measure that contains an authorization to impose benefit charges and that is approved by the voters pursuant to RCW 52.26.060 meets the proposition approval requirement of this section. An election held under this section must be held not more than twelve (12) months prior to the date on which the first charge is to be assessed. A benefit charge approved at an election expires in six (6) years or fewer as authorized by the voters, unless subsequently reapproved by the voters. • • 19 2. The ballot must be submitted so as to enable the voters favoring the authorization of a regional • fire protection service authority benefit charge to vote "Yes" and those opposed to vote "No." The ballot question is as•follows: • Shall the regional fire protection service authority composed of (insert the participating fire protection jurisdictions) be authorized to impose benefit charges each year for ... . (insert number of years not to exceed six (6)) years, not to exceed an amount equal to sixty (60) • percent of its operating budget, and be prohibited from imposing an additional property tax under • RCW 52.26.140(1)(c) ?" YES NO • • • r I 2. "Authorities renewing the benefit charge may elect to use the following alternative ballot: "Shall the regional fire protection service authority composed of (insert the participating fire protection jurisdictions) be authorized to continue voter - authorized benefit charges each year for .... (insert number of years not to exceed six (6)) years, not to exceed an amount equal to sixty (60) percent of its operating budget, and be prohibited from imposing an additional property tax under RCW 52.26.140(1)(c) ?" YES NO • • • f RCW 52.26.230 Benefit charges - Establishment - Public hearings - Notice to property owners • 1. Not fewer than ten (10) days nor more than six (6) months before the election at which the proposition to impose the benefit charge is submitted as provided in this chapter, the governing board of the regional fire protection service authority shall hold a public hearing specifically setting forth its proposal to impose benefit charges for the support of its legally authorized activities that will maintain or improve the services afforded in the authority. A report of the public hearing shall be filed with the county treasurer of each county in which the property is located and be available for public inspection. 2. Prior to November 15th of each year the governing board of the authority shall hold a public hearing to review and establish the regional fire protection service authority benefit charges for the subsequent year. 3. All resolutions imposing or changing the benefit charges must be filed with the county treasurer or treasurers of each county in which the property is located, together with the record of each public hearing, before November 30th immediately preceding the year in which the benefit charges are to 20 • be collected on behalf of the authority. 4. After the benefit charges have been established, the owners of the property subject to the charge must be notified of the amount of the charge. RCW 52.26.240 Benefit charges - Limitation on imposition of property tax A regional fire protection service authority that imposes a benefit charge under this chapter shall not impose all or part of the property tax authorized under RCW 52.26.140(1)(c). RCW 52.26.250 Benefit charges - Complaints - Review board After notice has been given to the property owners of the amount of the charge, the governing board of a regional fire protection service authority imposing a benefit charge under this chapter shall form a review board for at least a two -week period and shall; upon complaint in writing of an aggrieved party owning property in the authority, reduce the charge of a person who, in their opinion, has been charged too large a sum, to a sum or amount as they believe to be the true, fair, and just amount. RCW 52.26.260 Benefit charges - Model resolution - Assistance by Washington fire commissioners association The Washington Fire Commissioners Association, as soon as practicable, shall draft a model resolution to impose the regional fire protection service authority benefit charge authorized by this chapter and may provide assistance to authorities in the establishment of a program to develop benefit charges. RCW 52.26.270 Benefit charges - Additional exemption A person who is receiving the exemption contained in RCW 84.36.381 through 84.36.389 is exempt from any legal obligation to pay a portion of the benefit charge imposed under this chapter as follows: 1. A person who meets the income limitation contained in RCW 84.36.381(5)(a) and does not meet the income limitation contained in RCW 84.36.381(5)(b) (i) or (ii) is exempt from twenty -five . percent of the charge; 21 • 2. A person who meets the income.l mi'tation contained in RCW 84.36.381(5)(b)(i) is exempt from fifty percent of the charge; and • 3. A person who meets the income limitation contained in RCW 84.36.381(5)(b)(ii) shall be exempt from seventy-five percent of the charge. • RCW 52.26.280 Civil service - When authorized or required • 1. Subject to subsection (2) of this section, a regional fire protection service authority may, by • resolution of its board, provide for civil service for its employees in the same manner, with the • same powers, and with the same force and effect as provided by chapter 41.08 RCW for cities, towns, and municipalities, including restrictions against the discharge of an employee because of residence outside the,limits of the regional fire protection service authority. 2.. If an agreement is reached to provide for civil service under RCW 52.26.100(6), the regional fire • protection service authority shall establish such a system as is required by the agreement. • • • RCW 52.26.290 0 . Annexation of territory Territory that is annexed to a participating jurisdiction is annexed to the authority as of the effective date of the annexation. The statutes regarding transfer of assets and employees do not apply to the participating jurisdictions in the annexation. RCW 52.26.900 • • Captions not law - 2004 c 129 • Captions used in this act are not any part of the law. • RCW 52.26.901 Severability - 2004 c 129 If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. • • • 22 • RCW 94.52.043 • • Limitations upon regular property tax levies. Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular.ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows: (1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one -half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty -seven and one -half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy. (2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low- income housing imposed under RCW 84.52.105; (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120; (g) levies imposed by ferry districts under RCW 36.54.130; (h) levies for criminal justice purposes under RCW 84.52.135; (i) the portions of levies by fire protection districts that are protected under RCW 84.52.125; and (j) levies by counties for transit - related purposes under RCW 84.52.140. RCW 27.1Z390 Annexation of city or town into library district — Tax levies. The annual tax levy authorized by RCW 27.12.050, 27.12.150, and 27.12.420 shall be imposed throughout the library district, including any city or town annexed thereto. Any city or town annexed to a rural library district, island library district, or intercounty rural library district shall be entitled to levy up to three dollars and sixty cents per thousand dollars of assessed valuation less any regular levy made by such library district in the incorporated area, notwithstanding any other provision of law: PROVIDED, That the limitations upon regular property taxes imposed by chapter 84.55 RCW shall apply. • • RCW 54.52.044 • Limitations upon regular property tax levies —.. p g p p Y Participating fire protection jurisdictions. • (1) If a fire protection district is a participating fire protection jurisdiction in a regional fire protection service authority, • the regular property tax levies of the fire protection district are limited as follows: (a) The regular levy of the district under RCW 52.16.130 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under RCW 52.26.140(1)(a); (b) The levy of the district under RCW 52.16.140 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less'the amount of any levy imposed by the authority under RCW • 52.26.140(1)(b); and • (c) The levy of the district under RCW 52.16.160 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under RCW 52.26.140(1)(c). (2) If a city or town is a participating fire protection jurisdiction in a regional fire protection service authority, the regular levies of the city or town shall not exceed the applicable rates provided in RCW 27.12.390, 52.04.081, and 84.52.043(1) less the aggregate rates of any regular levies made by the authority under RCW 52.26.140(1). (3) If a port district is a participating fire protection jurisdiction in a regional fire protection service authority, the regular levy of the port district under RCW 53.36.020 shall not exceed forty -five cents per thousand dollars of assessed value of taxable property in the district less the aggregate rates of any regular levies imposed by the 110 authority under RCW 52.26.140(1). (4) For purposes of this section, the following definitions apply: • (a) "Fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district; and (b) "Participating fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district that is represented on the governing board of a regional fire protection service authority. • • • • [RCW/ 52.04.081 110 Annexation of adjacent city, partial city, or town — Annual tax levies — Limitations. The annual tax levies authorized by chapter 52.16 RCW shall be imposed throughout the fire protection district, including any city, partial city a s set forth in RCW 52.04.061(2), or town annexed thereto. Any city, partial city as set forth in RCW 52.04.061(2), or town annexed to a fire protection district is entitled to levy up to three dollars and sixty cents per thousand dollars of assessed valuation less any regular levy made by the fire protection district or by a library district under RCW 27.12.390 in the incorporated area: PROVIDED, That the limitations upon regular property taxes imposed by chapter 84.55 RCW apply. 12009c115 §3; 1984c230§ 17; 1979ex.s. c179§ RCW 52.1 5.130 General levy authorized Limit — Excess levy at special election. To carry out the purposes for which fire protection districts are created, the board of fire commissioners of a district may levy each year, in addition to the levy or levies provided in RCW 52.16.080 for the payment of the principal and interest of any outstanding general obligation bonds, an ad valorem tax on all taxable property located in the district not to exceed fifty cents per thousand dollars of assessed value: PROVIDED, That in no case may the total general levy for all purposes, except the levy for the retirement of general obligation bonds, exceed one dollar per thousand dollars of assessed value. Levies in excess of one dollar per thousand dollars of assessed value or in excess of the aggregate dollar rate limitations or both may be made for any district purpose when so authorized at a special election under RCW 84.52.130. Any such tax when levied shall be certified to the proper county officials for the collection of the tax as for other general taxes. The taxes when collected shall be placed in the appropriate district fund or funds as provided by law, and shall be paid out on warrants of the auditor of the county in which all, or the largest portion of, the district is located, upon authorization of the board of fire commissioners of the district. • •