Baldwin County, Alabama
File #: 18-0535    Version: 1
Agenda section: Consent Status: Passed
File created: 6/26/2018 Meeting type: Baldwin County Commission Regular
On agenda: 7/3/2018 Final action: 7/3/2018
Agenda item title: Resolution #2018-095 of the Baldwin County Commission - Act No. 90-449 (Fire Tax) - Elberta Volunteer Fire Department - Approval of Use of Fire Tax Proceeds
Attachments: 1. Resolution 2018-095 - Elberta VFD, 2. Exhibit A, 3. Exhibit B, 4. *BA4 - Resolution 2018-095 SIGNED

Meeting Type:   BCC Regular Meeting

Meeting Date:  7/3/2018

Item Status:   New

From: Ronald J. Cink, County Administrator

Submitted by:  Miranda McKinnon

______________________________________________________________________

 

ITEM TITLE

Title

Resolution #2018-095 of the Baldwin County Commission - Act No. 90-449 (Fire Tax) - Elberta Volunteer Fire Department - Approval of Use of Fire Tax Proceeds

Body

 

STAFF RECOMMENDATION

Recommendation

Take the following actions:

 

1)                     Adopt Resolution #2018-095 of the Baldwin County Commission which provides the Baldwin County Commission’s required approval for the Elberta Volunteer Fire Department to utilize its proceeds of taxes derived by Act No. 90-449 as security of repayment of a loan for up to $610,325.00 (and the repayment of said loans applicable interest) to purchase:

 

One (1) - E-One Pumper on a 4-door Freightliner Chassis: Includes additional 18” brow light, swing-out toolboard, permanent shelf, roll-out tray, Shoreline 110V receptacle, air outlet, TFT ball-intake valve, (2) sections of hard suction hose, and a full ladder compliment; and

 

One (1) E-One Pumper on a 4-door Freightliner Chassis: Includes additional 18” brow light, swing-out toolboard permanent shelf, roll-out tray, Shoreline 110V receptacle, air outlet, TFT ball-intake valve; and

 

2)                     Authorize the Baldwin County Commission Chairman to execute any other necessary documentation related to the adoption of Resolution #2018-095, including any other assurances, certifications and financing documents or approvals to affect such approval and purchase of the subject equipment.  This approval does not in any way constitute any financial involvement or obligation of the Baldwin Count Commission.

 

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  N/A

 

Background:  The Baldwin County Commission received a written request (see Exhibit A to Resolution #2018-095) from Elberta Volunteer Fire Department, asking the Commission for approval for said entity to use its proceeds of taxes derived by Act No. 90-449, as security for repayment of a loan for up to $610,325.00 (and the repayment of said loan’s applicable interest), to purchase (2) E-One Pumpers on a 4-door Freightliner Chassis.

 

The Baldwin County Fire Chiefs’ Association has approved the purchase by resolution as required (see Exhibit B).

 

BACKGROUND ON ACT NO. 90-449:

In 1990, Act No. 90-449 was adopted by the Alabama Legislature as a Local Act calling for a referendum election on the question of whether or not the qualified voters of Baldwin County desired to levy upon themselves a 1½ mill tax on all property for the specific use by the fire departments in the county.  The referendum election was held on June 26, 1990, whereby the qualified voters of the county voted in the majority to install the “fire tax.”

 

Act No. 90-449 specifically sets forth certain requirements of which one remains what the revenue can be spent for by each fire department.

 

Act No. 90-449, specifically at Section 3, states that revenue derived from the fire tax may be used for the following purposes:

 

“Section 3. (a) Fire departments which participate in the distribution of tax proceeds shall expend such funds only for the acquisition of fire trucks, oil, gas, hydrants, utilities, and vehicle or station repair.  Such funds shall not be used to pay salaries, purchase food or drink, or to hold fund raising projects.”

 

 

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

N/A

 

Reviewed/approved by:  N/A

 

Additional comments:  N/A

 

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  N/A

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  

Administration - Letter and Resolution to:

 

Stone Crosby, P.C.

Attn: Laura M. Coker

126 Courthouse Square

Bay Minette, Alabama 36507

 

Cc:

Baldwin County Fire Chief’s Association

23100 McAuliffe Drive

Robertsdale, Alabama 36567

 

Place a copy of the letter in the courier to EMA.  BC Fire Chief’s Association uses EMA as its mailing address.

 

 

Additional instructions/notes:  N/A