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Gilbert, Islanders Await Hearing: Court Order Delays Signature Review in Fire-Service Fracas

Posted on: Saturday, 8 April 2006, 18:00 CDT

By Beth Lucas, The Tribune, Mesa, Ariz.

Apr. 8--Maricopa County officials must wait until after Tuesday to verify signatures turned in to form a Gilbert county island fire district, under a temporary restraining order granted Friday.

County Superior Court Judge Colin Campbell approved the order to be in effect until 5 p.m. Tuesday, the same day the court has scheduled a hearing in a lawsuit Gilbert filed against the county Board of Supervisors to preclude having to provide fire service to unincorporated areas.

Some town officials called the decision a victory, as it temporarily stops the verification process that is nearing completion. But county island residents say they're convinced they will prevail when the hearing is held, and will get their fire coverage.

"If they had no other option, I would understand that," Town Councilman Don Skousen said. "But they can annex, pay their fair share. They just want to have their cake and eat it too."

But islander Marci Sale said, "There is no need for county islanders to worry about being forced into annexing or any lapse in fire protection."

A law signed into effect in February would almost certainly force Gilbert to provide fire service to as many as 10,000 county island residents, in a process that begins once signatures are verified. Though a new fire district would seek private companies during a 30-day period, the largest, and current, area provider Rural/Metro Fire Department has said a $10 million bond they must put down makes that unlikely. Rural/Metro is leaving the area July 1.

Mayor Steve Berman said fast-tracking the lawsuit will allow county residents a chance to find "other arrangements" such as annexing or forming a fire district without Gilbert services. It also would give Rep. Andy Biggs, RGilbert, the sponsor of the law, a chance to propose alternative legislation before the session ends.

But Biggs said several constitutional attorneys have already reviewed the law, which he hopes will expand in the future to apply to other municipalities facing a similar situation.

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Copyright (c) 2006, The Tribune, Mesa, Ariz.

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Source: The Tribune

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