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HomeMy WebLinkAboutORD-2012-042 Refund of Funds to the County's Emergency Telephone Fund (911) ORD-2012-042 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 2, 2012 Action Agenda Item No. 5-h SUBJECT: Return of Funds to the County's Emergency Telephone Fund (911) for Funds Transferred to Establish an Emergency Services Capital Reserve within the General Fund and Approval of Budget Amendment#2-A DEPARTMENT: Manager's Office and Financial PUBLIC HEARING: (YIN) No and Administrative Services ATTACHMENT(S): INFORMATION CONTACT: January 21, 2010 Board Meeting Frank Clifton, 919-245-2300 Abstract Clarence Grier, 919-245-2453 Session Law 2007-3831NC House Bill 1755 PURPOSE: To 1) receive information on a request from the NC 911 Board for Orange County to return funds to the County's Emergency Telephone Fund (911) for funds transferred to establish an Emergency Services Capital Reserve within the General Fund; 2) authorize staff to make the appropriate transfer to the 911 Fund to resolve the matter with the NC 911 Board;-and 3) approve Budget Amendment#2-A to the fiscal year 2012—2013 budget. BACKGROUND: In November 2009, the Board of County Commissioners approved setting aside $1.2 million of 911 funds to establish an Emergency Services Reserve Capital Project to purchase equipment, vehicles and capital maintenance for Emergency Services. In FY 2010, $1.2 million was transferred from the 911 Fund to the General Fund. The funds from the transfer were used to purchase three ambulances. Based on information provided by the NC 911 Board, County staff incorrectly interpreted the transfer of all funds as an eligible expenditures based on NC House Bill 1755. NC House Bill 1755 stipulated that only landline fees could be transferred to the General Fund and used for any purpose. The total balance of landline fees available for transfer was $295,633. In a recent meeting with the NC 911 Board, County staff was informed that a majority of the funds transferred from the 911 Fund were ineligible, and only $295,633 of 911 funds were eligible for use for the establishment of the Reserve. The 911 Board has requested that Orange County return the funds to the County's 911 Fund. The original amount transferred from the 911 Fund was $1,200,000. The total amount agreed upon by the NC 911 Board and County staff to return to the fund is $904,367. These funds will be transferred back to the 911 Fund from the General Fund's fund balance. Funds are available for this purpose. 2 FINANCIAL IMPACT: The financial impact of returning the funds to the 911 Fund would decrease the unassigned (available) balance of the General Fund by $904,367, and increase the fund balance of the 911 Fund that same amount. RECOMMENDATION(S): The Manager recommends that the Board authorize staff to make the appropriate transfer from the General Fund to the 911 Fund to resolve the matter with the NC 911 Board, and approve Budget Amendment#2-A. 3 COPY ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGEND)A11EM-*88TfbkGT Meeting Date: January 21.20 110) Action Agenda Item No. 4-j SUBJECT: Bid Award:Ambulances for Emergency Services DEPARTMENT: Asset Management and , PUBLIC HEADING; (YIN) No Purchasing Services(AMPS) & Emergency Services ATTACHMENTS): INFORMATION CONTACT: Pam Jones,AMPS, 919-246-2652 Emergency Services Reserve Capital David Cannell,AMPS, 919-245-2651 Project Ordinance Frank Monies de Oca, Emergency Services, 919-245-6100 Glint Osborn, Emergency Services, 519- 245-6'100 Clarence Grer, Financial Services, 919- 245-2453 PURPOSE: To consider awarding a bid for the purchase of three ambulances to Excellance Incorporated of Madison, Alabama and to purchase additional safety and patient care equipment. ' BACKGROUND: Between 2004 and 2556, Emergency Services upgraded the entire ambulance fleet with eight F-450 Ford Ambulances. One ambulance has been permanently removed from the fleet due to a collision. Five of the remaining severs have reached the end of their expected useful life as frontline response units. While certain changes, such as the move to a larger chassis and the addition of the dual power climate control systems have been very,beneficial, none of these vehicles were able to utilize the blo-diesel fuel mixture as expected in 2004 due to critical fuel system issues that caused ongoing problems. In addition., the 6.OL Ford engines have been plagued with mechanical issues increasing repair cost and time-out, of service. The Ford 6.OL engine problems are affecting EMS systems nationwide with Orange County currently participating in a class action lawsuit against the manufacturer. In 2008 after a series.of occasions whereby the ambulance fleet could not sustain the workload, Emergency Services staff approached.Public Works Fleet Management to develop a long term solution. Following a series of meetings Emergency Services and Public Works agreed that a medium duty chassis and drive train (engine and transmission) is critical to compensate for increasing call volume, mileage, and corresponding on-scene idling during calls. At the same time, the County Manager directed Emergency Services to initiate a regular replacement cycle starting with three new ambulances in the first year(FY 2009-2010)followed 4 by an annual purchase of two ambulances every year. The goal is to maintain a frontline and backup fleet consisting of nine ambulances allowing for an effective rotating replacement cycle. Working together, Emergency Services and Public Works identified the following key decision points: • All ambulance purchases would conform to 2010 emissions standards leading to decreased green house gas emissions; and • Ambulances will be purchased with medium duty chassis and drivetrain to increase in service uptime. Medium Duty drivetrains are more capable of handling on-scene idling, have stronger braking, cooling and suspension components, and are critical for a system such as Orange County with.increasing call volume; and • Purchases will demonstrate a continued focus on crew and patient safety; and • The new ambulances would be capable of operating on a diesel fuel blend of up to twenty- percent biodiesel (B-20). EMS systems require one front-line ambulance for every crew and 1 back-up (reserve) ambulance for every 3 front-line units to maintain a reliable system. In addition, Orange County Emergency Services routinely provides special events coverage requiring the use of additional ambulances. This results in a need for nine ambulances in the fleet. Further efficiencies related*to fleet management are related to future system response using AVL (Automatic Vehicle Locators), which allows E911 telecommunicators to dispatch the closest unit resulting in decreased response times, reduced fuel consumption and.improved service delivery. Staff has identified a vendor that has a demonstrated history of successfully remounting its pafient care module onto a new chassis. in the future this allows the option to recycle the module at the end of the chassis' useful life,which is intended to reduce fleet costs. Emergency Services staff began research by contacting and interviewing eleven EMS fleet managers from various systems along the east coast including seven from North Carolina. Staff identified two preferred chassis styles all featuring medium duty drive trains. Based on those findings, Public Works determined the optimal" drive train from an emissions and serviceability perspective. Staff undertook a process to identify a vendor who could provide the drive train combination package. Emergency Services staff identified the vendor who best met these criteria and who also had a strong reputation for providing successful remounts to its ambulances. North Carolina General Statute 143-129 allows local governments to make purchases without.a separate bidding procedure. This type of acquisition can be made from any contractor that has, within the past 12 months, contracted to fumish the item to: (1) the federal government or any federal agency; (2) the State of North Carolina or any agency or political subdivision of the state; or (3) any other state or agency or political subdivision of.that state, if the contractor is willing to extend the same or more favorable price and other terms to the local government. This process is called "piggy-backing"a bid. Staff proposes to "piggy back" on the Florida Sheriffs Association bid that was awarded to ExceIlance; inc. of Madison, Alabama on December 10, 2009 for Type i ambulances mounted on Freightliner. M2 cab & chassis at a cost of $214,090.68 eadh. The statute that authorizes a piggy-bacW'-bids requires that the entity advertise its intentions ten (10) days prior to a meeting in which the matter is to be considered. Orange County has fulfilled that requirement Some of the jurisdictions currently utilizing Excellance ambulances include: • Mecklenburg County, North Carolina • Parkwood Fire Department, North Carolina • Brunswick County, North Carolina • Mint Hill, North Carolina • Lexington Fire, Kentucky • Osceola County Fire, Florida. • Little Rock,Arkansas • Greenwood County, South Carolina The goal of this purchase is to create a tum-key solution'so that the ambulance arrives ready to go into service. These purchases include key pieces of equipment in addition to the ambulance. The radio systems are purchased, programmed, and drop-shipped to the ambulance manufacturer. Stretchers and stair-chairs are both critical equipment for lifting and moving patients over varied terrain and in different types of structures. This type of equipment is critical to the proper movement of patients to prevent injury to both patient and crew and reduces injury time and cost While some of the equipment included in this purchase is already available on the existing ambulances, some of the safety equipment and patient care equipment is new to the fleet — most notably the medical freezers, fluid warmers and equipment mounting. An additional package of 'equipment must be purchased to bring the existing seven ambulances up to the new configuration. FINANCIAL IMPACT: Funds for the purchase of the first three ambulances will come from the $1-2 million 911 funds that the Board approved setting aside in an Emergency Services Res&rve Capital Project for equipment, vehicles, and capital maintenance. At its November 17, 2009 meeting, the Board approved $50,000 from this reserve to refurbish the Revere Road facility as an EMS station, so $1,150,000 is currently available. Initial cost of this action, if approved by the Board, is approximately $670,000 to purchase the first three ambulances (including radios) plus $50,000 to purchase the patient care and safety equipment for the existing ambulances. RECOMMENDATION(S): The Manager recommends that the Board: 1. Approve the ongoing plan as proposed by Emergency Services and Fleet Management to strategically replace ambulances; and 2. Award the bid to Excellance, Inc. and authorize Emergency Services and Asset Management and Purchasing Services to proceed with the immediate plan to purchase the three ambulances from Excellance, Inc.; and 3. Approve funds up to $750,000 from the Emergency Services Reserve Capital Project, allocate this amount to the Emergency Services Departments capital budget section within the General Fund for the purchase, and approve the attached Capital Project Ordinance. 6 09,0-polo-DOCA Emergency Services Reserve Capital Project Ordinance Be it ordained•by the Orange County Board•of County Commissioners that pursuant to Secton 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized reserves monies for Emergency Services related equipment vehicles and capital maintenance. Proceeds from the use of Emergency Telephone fiinds as authorized by the General Assembly in FY 2008-09 finance this project Section 2. The officers of the County are hereby directed to proceed With the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Through FY Through FY 2005-09 FY 2009-10 2009-10 Sales Tax $0 $0 $0 2001 Bonds $0 $0 $0 2004 Two-Thirds NO Debt $0 $0 $0 From E911 funds $0 $1,1200.000 $1,200,000 Other $0 $D $0 Total Funding $0 $1,200,000 $1,200,000 Section 4. The following amount is appropriated for this project. Through FY Through FY 2008--09 1 FY 200940 2009-10 Land/Building $01 $01 - $0 Planning/Architect/Engineering $01 $0 $0 Reserve $01 $400,000 $400,000 Transfer to General Fund(Vehicle Purchases-FY 2009-1 0) $01 $750,000- $750,000 Transfer to General Fund(Revere Road EMS Station-FY 2009-10) $01 $50,000 $50,000 Total Costs $0 $1,200,000 $1,200,000 Section 5. This ordinance shall remain in effect until the Board of County Commissioners takes action to amend the ordinance or close the project ordinance upon completion pf the project Adbpted this 21 st day of January 2010. 7 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW 2007-383 HOUSE BILL 1755 AN ACT TO MODERNIZE AND IMPROVE THE ADMINISTRATION OF THE STATE'S 911 SYSTEM THROUGH A STATEWIDE 911 BOARD, BY ENSURING THAT ALL VOICE SERVICES CONTRIBUTE TO THE 911 SYSTEM AND BY PROVIDING PARITY IN THE QUALITY OF SERVICE AND THE LEVEL OF 911 CHARGES ACROSS VOICE COMMUNICATIONS SERVICE PROVIDERS. Whereas, maintaining an efficient Enhanced 911 system across the State benefits all citizens and not just certain localities; and Whereas, the Wireless 911 Board has successfully administered the statewide wireless Enhanced 911 system for many years; and Whereas, local governments have administered a similar wireline Enhanced 911 system for their local jurisdictions; and Whereas, the average monthly 911 service charges paid to local governments by local exchange company customers exceeds the average monthly 911 service charges paid to the Wireless 911 Board by wireless company customers, thereby creating an unfair competitive advantage for wireless companies; and Whereas, some VoIP-enabled providers do not currently support the Enhanced 911 system by collecting 911 service charges; and Whereas, the consolidation of the State's Enhanced 911 system under a single board with a uniform 911 service charge will improve the integration of the State's 911 system, enhance efficiency and accountability, and create a level competitive playing field among voice communications technologies;Now, therefore, The General Assembly of North Carolina enacts: SECTION L(a) Chapter 62A of the General Statutes is amended by adding a new Article to read: "Article 3. "Emergency Telephone Service. "4 62A-40. Definitions. The following Je—fn—Ttions apply in this Article. (1) 911 Board. —The 911 Board established in G.S. 62A-41. 911 Fund. —The North Carolina 911 Fund established in G.S. 62A-43. 911 State Plan. — A document prepared, maintained, and updated by the 911 Board that vrovides a cgmprehensiyMian for communicating 911 call information across networks and among PSAPs, addresses all aspects of the State's 911 system, and describe.-, the allowable uses of revenue in the 911 Fund. (4) 911 system. — An emergency telephone system that does all of the following: a. Enables the user of a voice communications service connection to reach a PSAP by dialing the digits 911 b. Provides enhanced 911 service. (5) Call taking. —The act Of processing a call for emergency assistance Lip to the point that the calf is ready for dispatch, including the use of 8 equipment, call classification, location of a caller, and determination of the appropriate response level for emergency responders. Commercial Mobile Radio Service (CMRS). —Defined in 47 C.F.R. § 20.3. Q CMRS connection. — Each mobile handset telephone number assi ned to a CMRS subscriber with a place of primary use in North Carolina. CMRS provider. — An entity, whether facilities-based or nonfacilities-based, that is licensed by the Federal Communications Commission to provide CMRS or that resells CMRS within North Carolina. 09 Enhanced 911 service. — Directing a 911 call to an appropriate PSAP by selective routing based on the geographical location from which the call originated and providing information defining the he approximate eographic location and the telephone number of a 911 caller, in accordance with the FCC Order. 10 Exchange access facility. —The access from a subscriber's premises to the telephone system of a service supplier. The term includes service sup 1p ier provided access lines, private branch exchange trunks and centrex network access registers, as defined by applicable tariffs approved by the North Carolina Utilities Commission. The term does not include service supplier owned and operated telephone ay station lines, Wide Area Telecommunications Service (WATS) Foreign Exchange (FX), or incoming only lines. 11 FCC Order.—The Order of the Federal Communications Commission FCC Docket No. 94-102, adopted on December 1, 1997 and any consent decrees, rules, and regulations adopted by the Federal Communications Commission pursuant to the Order. 12 GIS mapping. — Computerized geographical information that can be used to assist in locating a person who calls emergency assistance including street centerlines, ortho photography and oblique imaging_ 13 Interconnected VoIP service.—Defined in 47 C.F.R. § 9.3. 1144,) Local exchange carrier. — An entity that is authorized to provide telephone exchange service or exchange access in North Carolina 15 Prepaid wireless telephone service. — A right that meets all of the following requirements: a. Authorizes the purchase of CMRS, either exclusively or in conjunction with other services. b. Must be paid for in advance. C. Is sold in units or dollars whose number or dollar value declines with use and is known on a continuous basis. Primary PSAP. —The first point of reception of a 911 call by a public safety answering point. 17 Proprietary information. — Subscriber lists technology descriptions, technical information, or trade secrets that are developed produced or received internally by a voice communications service provider or by a voice communications service provider's employees directors officers, or agents. 18 Public safety answering point (PSAP). — The public safety agency that receives an incoming 911 call and dispatches appro riate public safety agencies to respond to the call. 19 Service supplier. —An entity that provides exchange telephone service to a telephone subscriber. 20 Subscriber. —A person who purchases a voice communications service and is able to receive it or use it periodically over time Page 2 Session Law 2007-383 SL2007-0383 g (2l} Voice communications service connection. — Each telmhone number assigned-to a residential or commercial subscriber b a voice communications service provider, without regard to technology deplpye (22) Voice communications service.–Ally of the following: a_ The ansmission, c �nvaance or routing of real-time, two-w voice communications to a-poin...t.or between or among points - or through any electronic. radio, satellite, cable,-_ cal- microwave,w7ireline, wireless, or other medium or rnpthnii regardless ofthejD_rotoco�used. b. The ability to-receive and terminate voice calls to and from the f13 C. Interconnected oIP service. – An entjjY that provides Vnicl.t,COMM ini ations service to.2 subscriber. cted VoIP service. f24) VoIP-provider.–An entity that pravides interconne 11 Board. a iembershii – The 911 Board is established in the Office of Information Technolo Se ic.es. 911 Bo d consists of 17 members a s: ill vi Fuo-a—ml b. An individual who re Dresents counties ointed upon the recommendation of the North Carolina Associ on of County Commiss-loners. C. individual who represents a VoIP provider chgpter.of the individual who re resents the North Carolina National Emer ene Number Association(NE NA on recommendation of the SDeaker of the House of Representatives as a. An individual who is a sheriff. F Two-lnjl�viduals who represent CMRS providers operating in North Carolina. c_ ?aWividual who represents the North Carolina ch er of e Association of Public Sately Communications Officials d. Two individuals who represent local exchange .. carriers oner�t�a —North Carolina one of whom rWresents.a local exchanae carrier with less la=Mohlo-�-R—ess lines. (3) a bX General Assemb upon, the recommep ion ot..,the President Pro-jempore of the Senate as �._An individual who is a chief of police. erating in Nortfi Carolina. ; the North Carolina chapter of the C. ATindividual who r !)resent, d. Two individuals who represent local_. exchange , carriers exchan e carrier with less thZ7Y6 6_00�ccess lines. fA) The State Chief.-Information Officer or the State Uhiet ,informat Ufficer's..desiggee, who serves as,the chair. SL2007-0383 Session Law 2007-383 Page 3 10 Term. —A member's term is four years. Members remain in office until their successors are appointed and qualified. Vacancies are filled in the same manner as the original appointment. The Governor may remove any member for misfeasance, malfeasance, or nonfeasance in accordance with G.S. 143B-13(d). O Meetings. — Members of the 911 Board serve without compensation. Members receive per diem, subsistence, and travel allowances at the rate established in G.S. 138-5. A quorum of the 911 Board is nine members. The 911 Board meets upon the call of the chair. Public Servants. — The members of the 911 Board are public servants under G.S. 138A-3 and are subject to the provisions of Chapter 138A of the General Statutes. "& 62A-42. Powers and duties of the 911 Board. La) Duties. —The 911 Board has the following powers and duties: To develop the 911 State Plan. In developing and updating the plan, the 911 Board must monitor trends in voice communications service technology and in enhanced 911 service technology, investigate and incorporate GIS mapping and other resources into the plan, and formulate strategies for the efficient and effective delivery of enhanced 911 service. To administer the 911 Fund and the monthly 911 service charge authorized by G.S. 62A-43. To distribute revenue in the 911 Fund to CMRS providers and PSAPs in accordance with this Article and advise CMRS providers and PSAPs of the requirements for receiving a distribution from the 911 Fund. To establish policies and procedures to fund advisory services and training for PSAPs and to provide funds in accordance with these policies and procedures. To investigate the revenues and expenditures associated with the operation of a PSAP to ensure compliance with restrictions on the use of amounts distributed from the 911 Fund. To make and enter into contracts and agreements necessary or incidental to the erformance of its powers and duties under this Article and to use revenue available to the 911 Board under G.S. 62A-44 for administrative expenses to pay its obligations under the contracts and agreements. To accept ig fts, grants, or other money for the 911 Fund. To undertake its duties in a manner that is competitively and technologically neutral as to all voice communications service providers. 0 To adopt rules to implement this Article. This authority does not include the regulation of any enhanced 911 service such as the establishment of technical standards. 10 To take other necessary and proper action to implement the provisions of this Article. Prohibition. —In no event shall the 911 Board or any other State agency lease construct, operate or own a communications network for the purpose of providing 911 service. 62A-43. Service charge for 911 service. (a) Charge Imposed. — A monthly 911 service charge is imposed on each active voice communications service connection that is capable of accessing the 911 system The service charge is seventy cents 700 or a lower amount set by the 911 Board under subsection (d) of this section. The service charge_is payable by the subscriber to the voice communications service provider. The provider may list the service charge separately from other charges on the bill. Partial payments made by a subscriber are Page 4 Session Law 2007-383 SL2007-0383 11 applied. first to the amount the subscriber owes the provider for the voice communications service. b Prepaid Wireless A voice communications service provider of prepaid wireless telephone service must collect and remit to the 911 Board the_manthly service ch Ye im osed u on re aid wireless telephone subscribers in the State under,one of the following me ods: M Collecting the service charge from each active prepaid wireless telephone service subscriber whose account balance is equal to or Greater than the amount of the service charge. Dividing the provider's total earned prepaid wireless telephone service revenue received for the month from each active prepaid wireless telephone service subscriber by tiny dollars ($50.00) and multiplying the quotient by the amount of the service charge. O Remittance to 911 Board — A voice communications service provider must remit the service char es collected b it under this section to the 911 Board The rovider must remit the collected service char es b the end of the calendar month following the month the provider received the charges from its subscribers. A provider ma deduct and retain from the service char es it receives from its subscribers and remits to the 911 Board an administrative allowance equal to the greater of one percent (1%) of the amount of service charges remitted or fifty dollars ($50.00) a month —Od Adiustment of Charie The 911 Board must monitor the revenues generated b the service char e. If the 911 Board determines that the rate roduces revenue in excess of the amount needed the 911 Board must reduce the rate. The reduced rate must ensure full cast recove for voice communications service providers and for rim PSAPs over a reasona ee eriod of time. A than e in the amount o£the rate becomes effective only on July 1 of an even numbered year. The 911 Board must riots of a Chan e in the rate at least 90 da s before the chars e becomes effective Lej Collection. — A voice communications service provider has no obligation to take any le ai action to enforce the collection of the service char e billed to a subscriber. The 911 Board ma initiate a collection action and reasonable costs and attome s' fees associated with that collection action in be assessed a ainst the subscriber. At the request of the 911 Board but no more than annually, a voice communications service rovider must re ort to the 911 Board the amount of the rovider's uncollected service char es. The 911 Board may request, to the extent eemitted b federal rivac laws the name address and tele hone number of a subscriber who refuses to n the 911 service charge. �f Restriction. —.A local overnment ma not 1111 ase a service char e or other fee on a subscriber to support the 911 system. "§ 67 A-44. 911 Fund. � Fund. — The 911 Fund is created as an interest-bearin s ecial revenue fund within the State treasury. The 911 Board administers the Fund. T e 911 Board must credit to the 911 Fund all revenues remitted to it from the service charge imposed by G.S. 62A-43 on voice communications service connections m the State Revenue m the Fund may only be used as provided in this Article. Allocation of Revenues. — The 911 Board May deduct and retain for its 11 administrative ex 11:31 u to one ercent 1% of the total service char es remitted to it under G.S. 62A-43 far de osit in the 911 Fund. The re mainin revenues remitted to the 911 Board for de osit in the 911 Fund are allocated as follows: Fig three percent (53%) of the funds remitted by CMRS providers to the 911 Fund are allocated for reimbursements to CM RS providers ursuant to G.S. 62A-45. o -seven ercent 47°lo of the funds remitted b CMRS providers and all funds remitted b a1I other voice communications service providers are allocated for monthly distributions to primary PSAPs SL2007-0383 Session Law 2007-383 page 5 12 pursuant to G.S. 62A-46 and grants to PSAPs pursuant to G.S. 62A-47. (c) Report —In February of each odd-numbered year, the 911 Board must report to the Joint Legislative Commission on Governmental Operations, the Revenue Laws Study Committee and the Joint Legislative Utility Review Committee. The report must contain complete information regarding receipts and expenditures of all funds received by the 911 Board during the period covered by the report,the status of the 911 system m North Carolina at the time of the report, and the results of any investigations by the Board of PSAPs that have been completed during the period covered by the report. Nature of Revenue. — The General Assembly finds that distributions of revenue from the 911 Fund are not State expenditures for the purpose of Section 5(3) of Article III of the North Carolina Constitution. Therefore, the Governor may not reduce or withhold revenue in the 911 Fund. "& 62A-45. Fund distribution to CMRS providers. Lal Distribution. — CMRS providers are eligible for reimbursement from the 911 Fund for the actual costs incurred by the CMRS providers in complying with the requirements of enhanced 911 service. Costs of complying include costs incurred for designing, wading,_purchasing, leasing, programming, installing: testing, or maintaining all necessary data, hardware, and software required to provide service as well as the recurring; and nonrecurring costs of providing the service. To obtain reimbursement, a CMRS provider must comply with all of the following: Invoices must be sworn. All costs and expenses must be commercially reasonable. All invoices for reimbursement must be related to compliance with the requirements of enhanced 911 service. Prior approval must be obtained from the 911 Board for all invoices for payment of costs that exceed the lesser of- a. One hundred percent 100%) of the eligible costs allowed under this section. b. One hundred twenty-five percent (125%) of the service charges remitted to the 911 Board by the CMRS provider. Payment CaMforward. —If the total amount of invoices submitted to the 911 Board and approved for payment in a month exceeds the amount available from the 911 Fund for reimbursements to CMRS providers, the amount payable to each CMRS provider is reduced proportionately so that the amount paid does not exceed the amount available for payment. The balance of the payment is deferred to the following month. A deferred payment accrues interest at a rate equal to the rate earned by the 911 Fund until it is paid. (c) Grant Reallocation. — If the amount of reimbursements to CMRS providers approved by the 911 Board for a fiscal year is less than the amount of funds allocated for reimbursements to CMRS providers for that fiscal year, the 911 Board may reallocate part or all of the excess amount to the PSAP Grant Account established under G.S. 62A-47. The 911 Board may reallocate funds under this subsection only once each calendar year and may do so only within the three-month period that follows the end of the fiscal year. If the 911 Board reallocates more than three million dollars ($3,000,000) to the PSAP Grant Account in a calendar year, it must consider reducing the amount of the service charge in G.S. 62A-44 to reflect more accurately the underlying costs of providing 911 system services. The 911 Board must make the following; findings before it reallocates funds to the PSAP Grant Account: L1) There is a critical need for additional funding for PSAPs in rural or high-cost areas to ensure that enhanced 911 service is deployed throughout the State. The reallocation will not impair cost recovea by CMRS providers. The reallocation will not result in the insolvency of the 911 Fund. Page 6 Session Law 2007-383 SL2007-0383 13 19; 62A-46. Fund distribution to PSAPs- Th istn DiI a Lion. - 11 Board must make 11 opqhly dis ibutions to U fi_-end-li-%try-i—buu�&eI:� tCl, 2111[! 1 11.. ary ]� SAP is the�u—moflt-h amount is the amount gg em Fund f deposited in the Emer en ele-Dhone,,..S'IIIi' overrun.oF enti as reported to the State ire Government Division. P11111111 "is er c ita share of the ated b the Board under Board must use the most recent joo,)u ation. estimates certified by OZ��'Ci R1.1 ision less i rovid-,s enhanced( iiiln--e how revenue that (b) Percent e Desi Ions. C11 ( PSArs and is not neede to fqj M4 9-11 Board must desiggate :)erizegi I. gFe of the remain D, funds to be the PSAF Grant Account established in G.S. 62A-47. If the 911 Board, does not jjoc��fedto thet PS AV nt Account the 9 11 Board must desil ate an amount to be a distribute all,o ygar- chan eth e centa. e desi Liattiong m,ore than once each calendar se Tof ft�imd�s alstribution from the 91 1±iMC-L-M-4-Y AP that receives a (C) se of F s. A PS Z&EEjjj��f real estate cosmetic 19 or CC )r other urchase of mobile communications vehicles ambulances t e en ilaes C or the p_ kp m4y be used on!y to pay for the The lease, pig ase, or maintenance of er a e, software, establishLng 911 sYste e training, of 911 personnel reg ding the Expenditures !or in SU res f-� m- training :cZeri�Mficaftio�nsim rove �i � r) 11 tside the State is not an 5 ; that tne traink 9 costs e less if received the PSAP document, - allowed improvernent. Instructor certification costs and cou 11 and drug u1si psycho, gical, exams, testing, are not allow e penditures. er's 911 service and other Charges associated with the servj!�� installation, service, equipment,-pperation, and maintenance charges the voice communications service Rrovider. X PSAP may 'th a voice communications service, provider 011 LUIII13 aaTped to�y the and the provict SL2007-0383 Session Law 2007-383 Page 7 \ 14 Ld) Local Fund. — The fiscal officer of a PSAP to whom a distribution is made under this section must deposit the funds in a special revenue fund, as defined in G.S. 159-26(b)(2) designated as the Emergency Telephone System Fund. The fiscal officer may invest money in the Fund in the same manner that other money of the local government may be invested. Income earned from the invested money in the Emergency Telephone System Fund must be credited to the Fund. Revenue deposited into the Fund must be used only as permitted in this section. (e) Compliance. —A PSAP, or the governing entity of a PSAP, must comply with all of the following in order to receive a distribution under this section: A county or municipality that has one or more PSAPs must submit in writing to the 911 Board information that identifies the PSAPs in the manner required by the FCC Order. A participating PSAP must annually submit to the 911 Board a copy of its governing agency's proposed or approved budget detailing the revenues and expenditures associated with the operation of the PSAP. The PSAP budget must identify revenues and expenditures for eligible expense reimbursements as provided in this Article and rules adopted by the 911 Board. A PSAP must be included in its governing entity's annual audit required under the Local Government Budget and Fiscal Control Act. The Local Government Commission must provide a copy of each audit of a local government entity with a participating PSAP to the 911 Board. A PSAP must comply with all requests by the 911 Board for financial information related to the operation of the PSAP. "& 62A-47. PSAP Grant Account. La) Account Established. — A PSAP Grant Account is established within the 911 Fund for the purpose of making grants to PSAPs in rural and other high-cost areas. The Account consists of revenue allocated by the 911 Board under G.S. 62A-45(c) and G.S. 62A-46. Application. — A PSAP may qpply to the 911 Board fora grant from the PSAP Grant Account. An application must be submitted in the manner prescribed by the 911 Board. The 911 Board may approve a grant application and enter into a gr ant agreement with a PSAP if it determines all of the following: L The costs estimated in the application are reasonable and have been or will be incurred for the purpose of promoting a cost-effective and efficient 911 system. The expenses to be incurred by the applicant are consistent with the 911 State Plan. There are sufficient funds available in the fiscal year in which the grant funds will be distributed. The costs are authorized PSAP costs under G.S. 62A-46(c). LO Agreement. — A grant agreement between the 911 Board and a PSAP must include the pgoose of the grant, the time frame for mplementing the project or program funded by the grant, the amount of the grant, and a provision for repaying-grant funds if the PSAP fails to comply with any of the terms of the grant. The amount of the grant may vary among grantees. If the grant is intended to promote the deployment of enhanced 911 service in a rural area of the State, the grant agreement must specify how the funds will assist with this goal. The 911 Board must publish one or more notices each fiscal year advertising the availability of grants from the PSAP Grant Account and detailing the application process, including the deadline for submitting applications, any required documents specifying costs, either incurred or anticipated, and evidence demonstrating the need for the grant. Any grant funds awarded to PSAPs under this section are in addition to any funds reimbursed under G.S. 62A-46. " 62A-48. Recovery of unauthorized use of funds. Page 8 Session Law 2007-383 SL2007-0383 15 The 911 Board Ill Jive written notice of violation to an voice from 11 tf�911—Fund service provider or PSAP found"111, the 911 to be using monies the—yoke rticZl -U for pmoses authorized y this A �3—onreceipt of noltice.'-­� -F MUSI cease an �fho�rized service PLO-V Ron the 911 communications ider or PSAP :)etj -- e) enditures. 'f�4e�voice�communications service provider.or PSAP mUJ e gl!�IDenditures were unaut rizean and Board far a hearing on he uestion C) whether th �-R—odof time If after the h! request within a reasonable RM, the 911 The 911 Board �—�enditpres were in Tact unauthorized p-111deq the 11I,C,I�j — , T�� - i S to refund the hearin the 911 Board co ervice-1`111:31V jui 511 r ifire the voice Board III )ice communications s sent 90 da s. Mone received under this section must be credited to the 911 Fund. If a voice communications service D rovider or PSAP does not ) refun improperly spent ney, cease making naut orized expenditures the 911 Board must suspend ftinding to the provider or PSAP until corrective action is taken. 011, enhanced 911 service. IIA62A 49- Conditions for rovi i Conditions' - er, no QvITS Provider is required to provide Tgk U ccor In accor ance with the FCC enha�ced�Sj service—until all of the following conditions are met: for from the administrator The IIIUOVIIJ-,��.J receives%,a the service elements C utilizing the data e L o HPSAP that f of a ti�il'lllii is C le of receiving 44t �_qpat �associated witkhthe service. Funds for reimbursement of the Q )rovider's costs are available pursuant to G.S. 62A-45. (2) �Midet carrier is able to support thg-j�j��� The local exchange 'er-lnce�d9ll service. q, 62A-50. Audit. audits of the 911 Board Dursuant to Article 5A.of The State in perform. o ensure that funds in the 911 Fund are being Chapter 147 of the General Statutes t. Iii� Is1f]"111 s of this Article The State Auditor MUSL many ged in, accordance e��ov 1 911 Board Derform. an audit of The 911 Board at least ever two years. The I B reimburse - State Auditor for the cost of an audit of the 911.Board. Subscriber records. F ppon A-51. Sub umber 01 Ds to a PSAP ............................. I ff!i �: de its 10,000 n Mi-�It FS AF.............. pr vider and (S rovi er quest. This remains tlie-,proe rty OIJE--disclosi i cliv- pro, re Donse services WTI f—Zaffi. CMRS voice must be used only in provovxdernconn g communica tions service,_ ection in.N�:m�qfip obtained by PSAP personnel os is not public information under Ch, ter 132 of the General for 1)1.blic safe r than the 911 �ystefn Statutes. No per Y disclose or use ''ir aliv 1) :)ose other disclose U rto—n - of a 911 system. information contained in the database of the telel2h e network,--po 2 Proprietary information. . ,111, ro iieit�,i'1''17'17�foTEation—Ritted to the 911 Board or the State Auditor is All sub -AR t o1i 41 inTit—ted L:n::t:�(�:�th Article t ;;­mW information puisaE is confidential. Pro 1111,11,211,111 and 11 1 11 aV not be released to any disclosure under Ch ter 132 of the General Statutes, r-1 Ders��han to the submitting CMR-S voice communications service the p rf�-Mard ��T�d�e State Auditor without We eLxpress. :)ennission of the submitting 9 - I irietar tkE--is considered a e n�fo��a CNffS7­vQice communications service rovi ,!t'- 1 under the Fra—deSearets Protection Ar,.� Ell, $ of the trade secret ia� 1�te--- diGeneral Statute, IJ eReTal infamation 1, th91thB 10 mav be releaseC Or' pubjjshed only neate aMOdo not i e, tit� or allow scribers or revenues attributable to an individual CMKZS identification of[nmbers of sub voice communications serv]ce provid 118 62A-53. Limitation otjjjbdity. ce 7EF:--:-;; - dama�p cases �mLan-ton or willfal misconduct, a voice communications servi Tt 17-05 �r—an �ti.;Ijs --.):ffi:T1e::r::s:-and agents are not liable for er . I . . death o�in If'"' person or from damage in a civil action resulting tjrom. --__ j-q----Y-2MMRU:� g, implementin incurred b any person in connection with d6veloping, ad ti Page 9 SL2007-0383 Session Law 2007-383 16 maintaining, or operating the 911 system or in complying with emergency-related information requests from State or local government officials. This section does not apply to actions arising out of the operation or ownership of a motor vehicle. SECTION 1.(b) Article 19 of Chapter 14 of the General Statutes is amended by adding a new section to read: "& 14-111.4. Misuse of 911 system. It is unlawful for an individual who is not seeking public safety assistance, is not providing 911 service or is not responding to a 911 call to access or attempt to access the 911 system for a purpose other than an emergency communication. A person who knowingly violates this section commits a Class 3 misdemeanor. If a person knowingly accesses or attempts to access the 911 system for the purpose of avoiding a charge for voice communications service as defined in G.S. 62A-40, and the value of the charge exceeds one hundred dollars $100.00 the person commits a Class 1 misdemeanor." SECTION 2.(a) Article 1 of Chapter 62A of the General Statutes is repealed. SECTION 2.(b) Any funds remaining in.the Emergency Telephone System Fund or required to be remitted by a service supplier to the local fiscal officer for deposit to the.fund, collected pursuant to Article 1 of Chapter 62A of the General' Statutes prior to the effective date of this act, are transferred fo theGeneral Fund of the local governing entity,to be used for 'any lawful purpose. Any local governing entity is not relieved of any prior obligation incurred for uses authorized by G.S. 62A-8.11 SECTION 3.(a) Article 2 of Chapter 62A of the General Statutes is repealed. SECTION 3.(b) The records, personnel, property, and unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting and purchasing, of the Wireless 911 Board created under Article 2 of Chapter 62A of the General Statutes and repealed by subsection(a) of this section, are transferred to the 911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by Section 1 of this act. All rules, decisions, and actions adopted, made, or taken by the Wireless 911 Board created under Article 2 of Chapter 62A of the General Statutes that have not been repealed or rescinded continue in effect until repealed or rescinded by the 911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by Section 1 of this act. SECTION 3.(c) The members of the Wireless 911 Board created under Article 2 of Chapter 62A of the General Statutes, other than a member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to represent CMRS providers, serve as 11 of the initial members of the 911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by Section 1 of this act, without reappointment by the Governor or the General Assembly. The State Chief Information Officer must designate which of the initial members who transfer to the 911 Board from the Wireless 911 Board serve four-year terms and which serve six-year terms so that the terms of half the members of the 911 Board, other than the State Chief Information Officer, will expire every two years. The following membership positions for the 911 Board have no counterparts on the Wireless 911 Board and must be appointed in accordance with Article 3 of Chapter 62A of the General Statutes: (1) Of the appointments by the Governor, an individual representing a VoIP provider and an individual representing the North Carolina chapter of the National Emergency Number Association(NENA). (2) Of the appointments by the General Assembly upon the recommendation of the Speaker of the House of Representatives, two individuals who represent local exchange carriers operating in North Carolina, one of whom represents a local exchange carrier with less than 50,000 access lines. Page 10 Session Law 2007-383 SL2007-0383 17 (3) Of the appointments by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, an individual who represents a local exchange carrier with less than 200,000 access lines. SECTION 4. G.S. 62-157 reads as rewritten: 62-157. Telecommunications relay service. (a) Finding. - The General Assembly finds and declares that it is in the public interest to provide access to public telecommunications services for hearing impaired or speech impaired persons, including those who also have vision npairment, and that a statewide telecommunications relay service for telephone service 2ou d be established. (al) Defuidtions.-For purposes of this section: "CMRS" is as defined in G.S. 62A 21.62A-40. "CMRS connection" is as defined in 62A-24-.62A-40. /x\ M- `-- -- -- -- -------- -'-' ---~ ~^ "Exchange access facility" means the acce—ss from a particular telephone subscriber's premises to the telephone system of a local exchange telephone company, and includes local exchange company-provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the Commission. (5) "Local service provider" means a local exchange company, competing local provider, or telephone membership corporation. N Authority to Require Surcharge.-The Commission shall require local service p--.'-_^- to impose a mon access facilities to fund a statewide telecommunications relay service by which hearing impaired or sReech impaired persons, including those who also have vision impainnent, pay communicate with others by telephone. This surcharge, however, may not be imposed on participants in the Subscriber Line Charge Waiver Program or the Link-up Carolina Program established by the Commission. This surcharge, and long distance revenues collected under subsection (f) of this section, are not includable in gross receipts subject to the franchise tax levied under G.S. 105-120 or the sales tax levied under G.S. 105-164.4. (c) Specification of Surcharge. -The Department of Health and Human Services shall initiate a telecommunications relay service by filing a petition with the Commission requesting the service and detailing initial projected required ftmding. The Commi§sion shall, after giving notice and an opportunity to be heard to other interested p es, set the initial monthly surcharge based upon the amount of funding necessary to plement and operate the service, including a reasonable margin for a reserve. The s charge shall be identified on customer bills as a special surcharge for provision of a telecommunications relay service for hearing impaired and speech impaired persons. The Commission may, upon petition of any interested party, and after giving notice and an opportunity to be heard to other interested parties, revise the surcharge from time to time if the funding requirements change. In no event shall the surcharge exceed twenty-five cents (250)per month for each exchange access facility. (d) Funds to Be Deposited in Special Account.-The local service providers shall collect the surcharge from their customers and deposit the moneys collected with the State Treasurer, who shall maintain the ftmds in an interest-bearing, nonreverting account. After consulting with the State Treasurer, the Commission shall direct how and when the local service providers shall deposit these moneys. Revenues from this ftmd shall be available only to the Department of Health and Human Services to administer the statewide telecommunications relay service program, including its establishment, operation, and promotion. The Commission may allow the Department of Health and Human Services to use �p to four cents (40) per access line per month of.the surcharge for the purpose of providing telecommunications devices for hearing impaired or speech impaired persons, including those who also have vision impairment, through a SL2007-0383 Session Law 2007-383 Page I I 18 distribution program. The Commission shall prepare such guidelines for the distribution program as it deems appropriate and in the public interest. Both the Commission and the Public Staff may audit all aspects of the telecommunications relay service program, including the distribution programs, as they do with any public utility subject to the provisions of this Chapter. Equipment paid for with surcharge revenues, as allowed by the Commission, may be distributed only by the Department of Health and Human Services. (e) Administration of Service. - The Department of Health and Human Services shall administer the statewide telecommunications relay service program, including its establishment, operation, and promotion. The Department may contract out the provision of this service for four-year periods to one or more service providers, using the rovisions of G.S. 143-129. (f) Charge to Users. -The users of the telecommunications relay service shall be charged their approved long distance and local rates for telephone services (including the surcharge required by this section), but no additional charges may be imposed for the use of the relay service. The local service providers shall collect revenues from the users of the,relay service for long distance services provided through the relay service. These revenues shall be deposited in the special fund established in subsection (d) of this section in a manner determined by the Commission after consulting with the State Treasurer. Local service providers shall be compensated for collection, inquiry, and other administrative services provided by said companies, subject to the approval of the Commission. (g) Reporting Requirement. - The Commission shall, after consulting with the Department of Health and Human Services, develop a format and filing schedule for a comprehensive financial and operational report on the telecommunications relay service program. The Department of Health and Human Services shall thereafter prepare and file these reports as required by the Commission with the Commission and the Public Staff. The Department shall also be required to report to the Revenue Laws Study Committee. (h) Power to Regulate. -The Commission shall have the same power to regulate the operation of the telecommunications relay service program as it has to regulate any public utility subject to the provisions of this Chapter. (i) Wireless Surcharge. - A CMRS provider, as part of its monthly billing process, must collect the same surcharge imposed on each exchange access facility under this section for each CMRS connection. A CMRS provider may deduct a one percent (1%) administrative fee from the total amount of surcharge collected. A CMRS provider shall remit the surcharge collected, less the administrative fee, to the Wifeless 911 Board in the same manner and with the same frequency as the local service providers remit the surcharge to the State Treasurer. The Wifeless 911 Board shall remit the funds collected from the surcharge to the special account created under subsection (d) of this section." SECTION 5. G.S. 105-130.5(b)(17)reads as rewritten: "(17) To the extent included in federal taxable income, 911 charges imp under G.S. 62A-43 and remitted to the 911 Fund under that section.the ' ^ a' A� r-emitted to a i i ,,,o.,+„raor n e 9_2A ti .b.. The f4upt „f«,;„°Joss e ,.ha-ges eerie„+va wide. i. less ev3 r SECTION 6. G.S. 105-164.13(54)c.reads as rewritten: "c. 911 charges imposed under G.S. 4—or---.S-62 G.S. 62A-43 and remitted to the 911 Fund under n�-0-�2�1��r-th e :rii eles Fun M ae.F G.S. 62A-44-.that section.” Page 12 Session Law 2007-383 SL2007-0383 19 SECTION 7.(a) The Joint Legislative Utility Review Committee is directed to determine the best method for collecting the service charge imposed by G.S. 62A-43 from prepaid telephone wireless subscribers. The Committee is further directed to submit a final report of its findings and recommendations to the 2007 General Assembly, Regular Session 2008. SECTION 7.(b) Notwithstanding G.S. 62A-23, the charge imposed by that section does not apply to prepaid wireless telephone service effective August 1, 2007. SECTION 7.(c) Notwithstanding G.S. 62A-43, the charge imposed by that section does not apply to prepaid wireless telephone service for the 2008 calendar year. SECTION 8. Sections I through 6 of this act become effective January 1, 2008. Section 1(b) of this act applies to offenses committed on or after January 1, 2008. The remaining sections of this act are effective when they become law. In the General Assembly read three times and ratified this the 27 day of July, 2007. s/ Beverly E. Perdue President of the Senate s/ Joe Hackney Speaker of the House of Representatives s/ Michael F. Easley Governor Approved 7:02 p.m. this 19'h day of August, 2007 SL2007-0383 Session Law 2007-383 Page 13 C, ,2 z. The Board adopted a release/refund resolution, which is incorporated by reference, related to 35 requests for motor vehicle property tax releases or refunds in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a release/refund resolution, which is incorporated by reference, related to sixty-four(64) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board approved five (5) untimely applications for exemption/exclusion from ad valorem taxation for the 2012 tax year. e. Comprehensive Plan and Unified Development Ordinance Amendment Outline/Schedule for UDO Text Amendments Suggested by MunlCode The Board approved the process components and schedule for minor"housekeeping" amendments to the Unified Development Ordinance (UDO) text, currently scheduled for the November 19, 2012 Quarterly Public Hearing and directed staff to proceed accordingly. f. Floodplain Management Planning Activities within the County The Board received information on the completion of an annual report to the Community Rating Service (CRS) regarding the County's Floodplain Management Program, acknowledged the recertification package has been submitted to CRS for processing, and informed the general public the recertification package as well as other pertinent floodplain mitigation documents are available for review. jqL Amendment to the Orange County Personnel Ordinance Regarding the Employee Performance Evaluation Process The Board approved an amendment to the Orange Code of Ordinances Chapter 28 Personnel, Article VII, §§ 28-82 through 28-84 as provided in Attachment A, which would remove the operational aspects of the Employee Performance Evaluation Process from the Personnel Ordinance and to the Administrative Rules and Regulations promulgated by the County Manager and to allow an employee's performance evaluation date to remain the anniversary of the original date of appointment or the most recent promotion date, effective July 1, 2012. h. Return of Funds to the County's Emergency Telephone Fund (911)for Funds Transferred to Establish an Emergency Services Capital Reserve within the General Fund and Approval of Bud-got Amendment#2-A The Board authorized staff to make the appropriate transfer from the General Fund to the 911 Fund to resolve the matter with the NC 911 Board, and approved Budget Amendment#2-A. 1. Efland Phase 2/Buckhorn Sanitary Sewer Scope Expansion Change Order Approval The Board authorized the Manager to execute the attached change order in the amount of $219,257.78 related to the project scope expansion of the additional gravity sewer outfall connection between the new Brookhollow Road Lift Station and the end-of-life McGowan Creek Lift Station; and authorized the Manager to execute any future change orders for this project up to an amount not to exceed $250,000 in total upon County Attorney review and not to exceed the overall project budget. L Board of Commissioners Meeting Calendar for Year 2013 The Board approved the regular meeting schedule for the Board of County Commissioners for calendar year 2013. k. Change in BOCC Regular Meeting Schedule for 2012 The Board amended its regular meeting calendar for 2012 by changing the location of the BOCC meeting scheduled for Thursday, November 8, 2012 FROM the DSS Offices, 113 Mayo Street, TO the Central Orange Senior Center(Adjoining Triangle Sportsplex), 103 Meadowlands Drive, Hillsborough, N. C. • Discussion and Approval of the Items Removed from the Consent Agenda