HomeMy WebLinkAboutAgenda - 06-19-2012 - 5sORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 19, 2012
Action Agenda
Item No. 5-5
SUBJECT: Approval of an Agency Agreement Between Orange County, Caldwell Fire
Department and Eno Fire and Emergency Services for Primary Fire Protection
in an Area of the Caldwell Fire District
DEPARTMENT: Emergency Services PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1. Abstract Dated April 19, 2011
2. Caldwell Insurance District Map
3. East Orange Insurance District Map
4. Agency Agreement Between Orange
County, Caldwell Fire Department
and Eno Fire and Emergency
Services
INFORMATION CONTACT:
F. R. Montes de Oca, 245 -6100
Annette Moore, 245 -2317
PURPOSE: To approve the attached Agency Agreement between Orange County, the
Caldwell Fire Department and Eno Fire and Emergency Services for primary fire protection in
an area of the Caldwell Fire District shown on the attached East Orange Fire Insurance District
Boundary map approved by the Board on April 19, 2011.
BACKGROUND: In 2009 Eno Fire and Emergency Services, Inc. opened fire station #2 on St.
Mary's Road just south of Pleasant Green Road. The North Carolina Department of Insurance,
Office of the State Fire Marshal, Ratings and Inspections Division, inspected and approved the
station, apparatus and equipment. This approval allowed the Department of Insurance to
extend the East Orange Insurance District, which is now adjacent to the Caldwell Fire Insurance
District.
Certain properties in the southeast section of the Caldwell Fire District are over six (6) road
miles from the Caldwell Fire Station located on Guess Road. As a result, those properties are
not in an insurance district and rated as Class 10. Staff has worked with representatives from
the Caldwell Fire Department and the Department of Insurance to identify those affected areas.
Staff also worked with Information Technologies Geographic Information Systems (GIS) staff to
identify those parcels in the Caldwell Fire District that are not in the Caldwell Fire Insurance
District and moved those parcels into the East Orange Insurance District, which is a Class 9
District, thereby allowing those property owners to be inside a rated insurance district. GIS staff
produced a revised map of the East Orange Insurance District showing those parcels now being
added into the East Orange Fire Insurance District. The revised map has been reviewed and
approved by staff from the North Carolina Department of Insurance, Office of the State Fire
Marshal, Ratings and Inspections Division. Upon approval by the Board of the County
Commissioners, the Office of the State Fire Marshal can legally approve the transfer of those
2
affected parcels to the East Orange Fire Insurance District. Representatives from Eno Fire and
Emergency Services have also been involved in this process and are receptive to the
modification of the insurance district.
An analysis was conducted by staff to determine the number of parcels affected. Approximately
135 will be added to the East Orange Fire Insurance District as shown in the attached East
Orange Insurance District Revised Map. The parcels that have been moved are highlighted on
the East Orange Insurance District Map. This area is located North of St. Mary's Road and
East of Schley Road to the Durham County line.
In order to comply with applicable statutes, the County must authorize a fire department to
serve a particular district or districts. The County must also ensure tax dollars appropriated to
benefit one district are not unlawfully expended outside that district. The attached agreement
addresses both of these issues.
Both the Caldwell Fire Department Board of Directors and the Eno Fire and Emergency
Services Board of Directors approved the agreement in early June 2012.
On June 5, 2012 the Emergency Services Workgroup met and approved the attached Agency
Agreement and recommends that the Board approve the agreement. This agreement is also
recommended to serve as the template for future agreements between fire departments to
provide primary fire protection for areas over six (6) road miles from the fire station within its fire
district.
FINANCIAL IMPACT: The approval of this item has no financial impact on the County. This is
an administrative action that will improve primary fire protection with no changes in fire district
tax rates.
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
Agency Agreement between Orange County, the Caldwell Fire Department and Eno Fire and
Emergency Services for primary fire protection in an area of the Caldwell Fire District as shown
on the attached East Orange Fire Insurance District Boundary map approved by the Board on
April 19, 2011.
A4t"ve,-,� j—
ORANGE COUNTY
COPYBOARD OF COMMISSIONERS
ACTION AGEND&ITEMIUMTWT
Meeting Date: April 19, 2011
Action Agenda
Item No.
SUBJECT: Approval to Extend the East Orange Fire Insurance District Boundary
DEPARTMENT: Emergency Services
ATTACHMENT(S):
Caldwell Insurance District Map
East Orange Insurance District Map
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
F. R. Montes de Oca, 245 -6100
Annette Moore, 245 -2317
PURPOSE: To approve the East Orange Fire Insurance District Map which has been expanded
to include properties from the Caldwell Fire District that are currently not in an insurance district.
BACKGROUND: In 2009, Eno Fire and Emergency Services, Inc. opened fire station #2 on St.
Mary's Road just south of Pleasant Green Road. The North Carolina Department of Insurance,
Office of the State Fire Marshal, Ratings and Inspections Division, inspected and approved the
station, apparatus and equipment. This approval allowed the Department of Insurance to extend
the East Orange Insurance District, which is now adjacent to the Caldwell Fire Insurance
District.
Certain properties in the southeast section of the Caldwell Fire District are over six (6) road
miles from the Caldwell Fire Station located on Guess Road. As a result, those properties are
not in an insurance district, rated as Class 10. Staff has worked with representatives from the
Caldwell Fire Department and the Department of Insurance to identify those affected areas.
Staff also worked with Information Technologies staff to identify those parcels in the Caldwell
Fire District that are not in the Caldwell Fire Insurance District and moved those parcels into the
East Orange Insurance District, which is a Class 9 District, thereby allowing those property
owners to be inside a rated insurance district. GIS staff produced a revised map of the East
Orange Insurance District, showing those parcels now being added into the East Orange Fire
Insurance District. The revised map has been reviewed and approved by staff from the North
Carolina Department of Insurance, Office of the State Fire Marshal, Ratings and Inspections
Division. Upon approval by the Board of the County Commissioners, the Office of the State Fire
Marshal can legally approve the transfer of those affected parcels to the East Orange Fire
Insurance District. Representatives from .Eno Fire and Emergency Services have also been
involved in this process and are receptive to the modification of the insurance district.
3
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An analysis was conducted by staff to determine the number of parcels affected. Approximately
135 will be added to the East Orange Fire Insurance District as shown in the attached East
Orange Insurance District Revised Map. The parcels that have been moved are highlighted on
the East Orange Insurance District Map. This area is located North of St. Mary's Road and East
of Schley Road to the Durham County line.
This request is intended to update an action of the Board during its January 20, 2011
meeting whereby the Caldwell Fire District was inadvertently identified as the Little River
Fire District. The North Carolina Department of Insurance, Office of the State Fire
Marshal, Ratings and Inspections Division reviewed the original request and advised the
fire district's legal name must be used in order for their office to update the district map.
FINANCIAL IMPACT: The approval of this item has no financial impact on the County. This is
an administrative action only and no changes in fire protection, service delivery or fire tax rates
will be reflected by approval of the Board of County Commissioners. Upon Board and
Department of Insurance approval, property owners in the expanded area will be eligible for
lower fire insurance premiums.
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
revised East Orange Fire Insurance District Boundary Map for insurance purposes only.
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NORTH CAROLINA
ORANGE COUNTY
AGENCY AGREEMENT
This Agreement made this the day of , 2012, between Orange County, a political
subdivision of the State of North Carolina ("County") located at 200 South Cameron Street, Hillsborough,
North Carolina 27278, Caldwell Fire Department ("Caldwell") located at 7020 Guess Road, Rougemont,
North Carolina 27572 and Eno Fire and Emergency Services ( "Eno ") located at 5019 US HWY 70W,
Durham, North Carolina 27705.
Whereas, the County-created special tax districts for fire protection in accordance with Chapter
69 of the North Carolina General Statutes; and
Whereas, the County elected to contract with incorporated nonprofit fire departments to provide
fire protection services to the County; and
. Whereas on May 19, 1992 the County entered into Agreements with both Caldwell and Eno to
provide primary fire protection services within the geographic boundaries of Caldwell and East Orange,
respectively; and
Whereas both Fire Departments have been providing service within their primary fire protection
districts and now desire to enter into an Agreement whereby Eno will provide primary fire protection
services to an area within Caldwell Fire District (see Exhibit 1, which attached and hereby incorporated
by reference); and
Whereas the County levies and collects taxes on all real and personal property subject to taxation
in East Orange and appropriates those funds to Eno for the use of the residents in the East Orange Fire
District and not Caldwell; and
Whereas on January 20, 2011, the Orange County Board of Commissioners approved a change to
the insurance district line boundary (see Exhibit 1) to allow Eno to provide primary fire protection
services to residents within a portion of Caldwell Fire District; and
Whereas the County will authorize Eno to provide the primary fire protection to residents in
Caldwell as shown in Exhibit 1 so long as they do not use or expend any funds or resources appropriated
for fire protection services levied and collected from and for the residents in the East Orange Fire District.
Now, therefore, in consideration of the mutual covenants and premises herein contained, the
Parties agree to the following:
1. That Eno is authorized to provide primary fire protection services in the area of the Caldwell
Fire District shown in Exhibit 1.
2. Eno shall not expend any funds or resources appropriated for the use of residents in the East
Orange Fire District for the primary fire protection services outside the area of the Caldwell
Fire District shown in Exhibit 1. In the event any such expenditure occurs for primary fire
protection outside the area shown in Exhibit 1 Eno shall immediately notify the County and
Eno shall take corrective measures to rectify the expenditure and to ensure such expenditure
shall not be repeated.
3. That Caldwell shall make annual payments of $500.00, or as agreed to by Eno and Caldwell,
to Eno as compensation for Eno's availability and service in providing primary fire protection
services in the area of the Caldwell Fire District shown in Exhibit 1.
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4. That Eno and Caldwell shall, upon request by County, grant County access to inspect all
books and accounts of the Fire Department at any time as provided in the 1992 Contract and
Agreements between County and Eno and between County and Caldwell.
5. To the extent the terms of the 1992 Contract and Agreements between County and Eno and
between County and Caldwell may conflict with the terms of this Agreement between the
County, Eno and Caldwell the terms of this Agreement shall control.
Effective the day and date first above recorded.
FOR C DWELL F I)EP TMENT
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FIRE ADD EMERGENCY SERVICES
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FOR ORANGE COUNTY
Signature
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