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HomeMy WebLinkAboutAgenda - 05-17-1994-IX-E 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No zx E AbTION AGENDA ITEM ABSTRACT Meeting Date: May 17, 1994 SUBJECT: Revision to Fire Protection Contract with North Chatham VFD ----------------------------------------------------------------------- DEPARTMENT Emergency Management PUBLIC HEARING YES NO X -------------------------------- ------------------------------- ATTACHMENT(S) INFORMATION CONTACT 1992 Contract Nick Waters, ext 3030 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To consider a request from North Chatham Volunteer Fire Department to revise the contract amount for fire protection they provide to Damascus and Southern Triangle Fire Districts. BACKGROUND: For many years, North Chatham Volunteer Fire Department has provided fire protection not only to the northern portion of Chatham County, but also to two rural fire districts established in Orange County - Damascus and Southern Triangle. In 1991-92, the County worked with the volunteer fire departments that serve Orange County to develop a standardized contract for fire service. The 1992 contract between the County and North Chatham VFD follows the standardized contract format, with the exception that the North Chatham contract contains a fixed compensation figure. The annual payment for fire protection in Damascus and Southern Triangle from the County to North Chatham is $50,000, less any statutory payments received by the department from municipalities as a result of municipal annexations (per paragraph 1 of the 1992 contract) . North Chatham has requested that the $50,000 figure be increased to $60,000 effective with the 1994-95 fiscal year. The $50,000 payment has been in effect since 1988-89, when the North Chatham budget was $279,260. The proposed North Chatham budget for 1994-95 is $420,973. The percentage of fire calls to which North Chatham responds in Orange County out of its total fire call volume is roughly equal to the percentage of the department's 1994-95 budget that would be funded from Orange County revenue. The current tax rate in both the Damascus and Southern Triangle districts is 3.8 cents per $100 valuation. The requested contractual change to a $60,000 payment can be accommodated with no increase in the district tax rates for 1994-95, through the appropriation in the 1994-95 budget of approximately $5,000 in accumulated fund balance from these two fire districts. If the Board elects to approve the North Chatham request, the Manager' s recommended budget for 1994-95 will incorporate the points noted. a RECOSMNDATION: The Manager recommends that the Board approve a revision to the contract to increase the compensation to North Chatham VFD from $50,000 to $60,000 annually; and authorize the Chair to sign, subject to review by the County Attorney. • 1 - 3 NORTH CAROLINA CONTRACT AND AGREEMENT ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the z, day of .Su ` 1992 , by and between the COUNTY of ORANGE, hereinafter referred to as County and the North Chatham Volunteer Fire Department, Inc. , hereinafter referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS , North Carolina General Statutes 69-25 . 5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, Damascus and Southern Triangle Fire Districts are special tax districts created pursuant to Chapter 69 of the North Carolina General Statutes ; and WHEREAS, Fire Department is a nonprofit` corporat ion organized for fire protection purposes ; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25 . 7 (hereinafter "services") , within the boundaries of the Damascus and Southern Triangle Fire Districts , by contracting with Fire Department to provide services ; and WHEREAS , Fire Department has the ability to provide and is willing to be the contract provider of services within the boundaries of Damascus and Southern Triangle Fire Districts ; and 4' WHEREAS , Countv levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in the Damascus and Southern Triangle Fire Districts ; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans ; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows : 1 • Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0 . 15) per one hundred dollar valuation of all real and personal property subject to taxation in the Damascus and Southern Triangle Fire Districts unless otherwise limited by law and/or a vote of the people ; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate aoproved by the Board of County Commissioners following review of the needs Projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department and shall be sufficient to provide an apprcpria4,.4on to Fire Department of Fifty Thousar.- and N01100 Dollars ($50 , 000 . 00) less the amount equal to all payments received by Fire Department from any municipality pursuant to N. C. Gen. Stat. 160A-31. 1, 160A-37 . 2 and 160A-49 . 2 (proportionate share of debt service) and N. C. Gen. Stat. 16oA- 37 . 1 and 160A-49 , 1 (contract between municipality and rural _`ire department for fire protection service) . 5 2 . That a special revenue fund shall be maintained for each fire district by the County for funds Collected as a result of said special tax in which fund appropriations will be based on the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 3 • Th--t all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director ' s estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections . 4 . The Fire Department shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the Damascus and Southern Triangle Fire Districts , will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the Districts. 6 5 . _nat all _funds paid to the . _re Department by the Countv shall be used exclusively by the Fire Department to provide services within said Districts, and to pay other legitimate expenses . The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens :Jithin the fire . districts . 6 . The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal ' s Office on a monthly basis . The Fire Department further agrees to annually file with the Fire Marshal ' s office a current list of its Board of Directors and a roster of its members with addresses , telephone numbers, social security numbers ; an annual gaining report; and a list of fire apparatus including pump and tank size , and specialized fire suppression equipment, no later than July 7 . The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice . The Fire Department will present to the County within 90 days of the close of each County fiscal year (July !-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8 . The Fire De ar p tmen will comply with County budgeting Procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed by the Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget timetables . The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office . 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws , Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation , as allowed in G. S . 55A-1 through 55A-43 , with or without voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as described by G . S . 55r.-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. 10 . This contract shall renew automatically each fiscal year `'� 1st day o� Jul - on the y y, and shall continue in effect until terminated by either Party hereto, upon three hundred sixty five • 6 days (365) written notice to the other party . Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. 11 . This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant to the laws ,of the State of North Carolina . IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners , and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order o= its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS BY: (Chair) ATTEST: (Fire Department) BY: 'fU o�-i^��J/'� T c (Pr�sident, Board of Directors) ATTEST: (Secretary)