Baldwin County, Alabama
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File #: 20-0960    Version: 1
Agenda section: Action Items Status: Passed
File created: 3/10/2020 Meeting type: Baldwin County Commission Regular
On agenda: 3/17/2020 Final action: 3/17/2020
Agenda item title: Resolution #2020-073 of the Baldwin County Commission - Act No. 90-449 (Fire Tax) - Approval of Use of Fire Tax Proceeds
Attachments: 1. Resolution 2020-073 - Proceeds of Fire Tax - Aeromedical Services, 2. Exhibit A - BC Fire Chiefs Association Resolution, 3. Attorney General Opinion No. 97-00216 - June 30, 1997, 4. *BA5 - Resolution 2020-073 SIGNED

Meeting Type:   BCC Regular Meeting

Meeting Date:  3/17/2020

Item Status:   New

From: Wayne Dyess, County Administrator

Submitted by:  Anu Gary, Administrative Services Manager; Miranda N. McKinnon, Administrative Support Specialist IV

______________________________________________________________________

 

ITEM TITLE

Title

Resolution #2020-073 of the Baldwin County Commission - Act No. 90-449 (Fire Tax) - Approval of Use of Fire Tax Proceeds

..Body

 

STAFF RECOMMENDATION

Recommendation

At the request of the Baldwin County Fire Chiefs’ Association, take the following actions:

 

1)  Adopt Resolution #2020-073 of the Baldwin County Commission which provides the Baldwin County Commission’s required approval for an exception to the Baldwin County Local Act No. 90-449 (1990) to allow Baldwin County fire departments in good standing, to utilize their proceeds of taxes derived by Act. No. 90-449 to purchase contracts to provide aeromedical services to members which provides a service to the Baldwin County fire departments (volunteer fire fighters); and

 

2)  Authorize the Baldwin County Commission Chairman to execute any other necessary documentation related to the adoption of Resolution #2020-073. 

 

This approval does not in any way constitute any financial involvement or obligation of the Baldwin County Commission.  

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  N/A

 

Background:  The request was discussed during the March 10, 2020, BCC work session.

 

The Baldwin County Commission received a written request (see Exhibit A to Resolution #2020-073) from the Baldwin County Fire Chiefs’ Association, requesting the Commission for approval for various Baldwin County Fire Departments to use their proceeds of taxes derived by Act. No. 90-449 (fire tax proceeds) to pay for contracts for aeromedical services for members. 

 

The approval of the Baldwin County Commission is required by Act No, 90-449, specifically at Section 3, (b), which states: “Any exceptions to the above appending guidelines must be approved by the Baldwin County Fire Chiefs Association and the Baldwin County Commission.”

 

The Baldwin County Fire Chiefs’ Association adopted its resolution on December 5, 2019, for the same. 

 

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 1 ½ 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 fire stations, fire equipment, communications, fire training, fire vehicle and station insurance, 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.

 

“(b) Any exceptions to the above appending guidelines must be approved by the Baldwin County Fire Chiefs Association and the Baldwin County Commission.”

 

 

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? 

County Attorney is reviewing the request and will need to approve prior to Commission approval.

 

Reviewed/approved by:  Brad Hicks, County Attorney, has reviewed and approved. 

 

Note:  Attorney General Opinion No. 97-00216 - June 30, 1997, provided by County Attorney is attached to this agenda item.

 

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:  Administration

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  Administration - Letter and Resolution to:

 

Chief Tony Lovell, President

Baldwin County Fire Chiefs’ Association

23100 McAuliffe Drive

Robertsdale, Alabama  36567

 

 

Additional instructions/notes:  N/A