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HomeMy WebLinkAboutAgenda - 03-22-2016 - 6-c - Fire Department Relief Fund Appointees 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 22, 2016 Action Agenda Item No. 6-c SUBJECT: Fire Department Relief Fund Appointees DEPARTMENT: Emergency Services ATTACHMENT(S): INFORMATION CONTACT: NC General Statute 58-84-30 Jason Shepherd, Fire Marshal 919-245- Letters from Caldwell Fire Department, 6151 White Cross Fire Department, Orange Grove Fire Department, Cedar Grove Fire Department & New Hope Fire Department PURPOSE: To consider approving the appointment of trustees to the local fire department relief funds boards as recommended by the local fire department chiefs. BACKGROUND: North Carolina General Statute 58-84-30 directs that local fire department members are required to hold election in January of each year to elect members to serve on the local fire department relief fund. The NC Commissioner of Insurance is also directed to appoint one representative to serve as a trustee at the recommendation of the local governing body and fire department chief. Members are elected for terms of one year and two year cycles as to alternate trustees. During the month of January, the boards for local fire departments met and subsequently provided recommendations during the month of February. The processing time and scheduling framework directed these selections to the BOCC's second March meeting. The fire marshal is going to recommend to the departments that future recommendations to the BOCC for appointments be discussed departmentally in December and scheduled for BOCC consideration in January. The proposed appointments for BOCC consideration are: Cedar Grove Fire Department: James Homer and Angie Thompson White Cross Fire Department: Kathy Stewart and Jason Castevens Caldwell Fire Department: Van Harris and Rob Seeyle Orange Grove Fire Department: Bill Waddell New Hope Fire Department: Eddie Walker and Brian Blalock Efland Fire Department: Clark Brooks and Jason Hackler Orange Rural Fire Department: Jim Fuller and Wallace Wilson Eno Fire Department: Wayne Paschall and Ralph MacDonnell 2 FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board approve the appointments of trustees to the local fire department relief funds boards as noted above and as recommended by the local fire department chiefs. 3 (c) (Effective until July 1, 2015) Distribution to Fire Districts. - Once the Insurance Commissioner has allocated the tax proceeds to a county under subsection (b) of this section, the Commissioner shall distribute those allocations to the fire districts in that county. The amount distributed to each fire district is equal to the total amount allocated to the county multiplied by a fraction, the numerator of which is the tax value of the property located in the fire district and the denominator of which is the tax value of all property located in any fire district in that county. A county shall provide the Commissioner with the tax value of property located in each fire district in that county by February 1 of each year. If a county does not submit information that the Commissioner needs to make a distribution by the date the information is due, the Commissioner shall distribute the allocation based on the most recent information the Commissioner has. (c) (Effective July 1, 2015) Distribution to Fire Districts. - Once the Insurance Commissioner has allocated the tax proceeds to a county under subsection (b) of this section, the Commissioner shall distribute those allocations directly to the fire districts in that county. The Commissioner shall distribute the allocations by electronic funds transfer, unless a fire district's account cannot accept electronic funds transfers, in which case the Commissioner shall distribute the district's allocation by paper check. The amount distributed to each fire district is equal to the total amount allocated to the county multiplied by a fraction, the numerator of which is the tax value of the property located in the fire district and the denominator of which is the tax value of all property located in any fire district in that county. A county shall provide the Commissioner with the tax value of property located in each fire district in that county by February 1 of each year. If a county does not submit information that the Commissioner needs to make a distribution by the date the information is due, the Commissioner shall distribute the allocation based on the most recent information the Commissioner has. (cl) (Effective July 1, 2015) Certain Amounts Redistributed. - Notwithstanding subsection (c) of this section, the Insurance Commissioner shall not distribute funds to a fire district whose local relief fund's balance exceeds the amount provided under G.S. 58-84-33(a). Instead, the Commissioner shall, using the methodology provided in subsections (b) and (c) of this section, distribute those funds to the fire districts whose local relief funds' balances do not exceed the amount provided under G.S. 58-84-33(a). If all of a county's fire districts' local relief funds' balances exceed the amount provided under G.S. 58-84-33(a), then the Commissioner shall reallocate the amount the county would have received to the counties with fire districts that do not exceed the amount provided under G.S. 58-84-33(a). (d) Administration. - These funds shall be held by the treasurer of a fire district as a separate and distinct fund. The fire district shall immediately pay the funds to the treasurer of the local board of trustees upon the treasurer's election and qualification, for the use of the board of trustees of the firemen's local relief fund in each fire district to be used by it for the purposes provided in G.S. 58-84-35. (1907, c. 831, s. 5; C.S., s. 6067; 1925, c. 41; 1985 (Reg. Sess., 1986), c. 1014, s. 168; 1989, c. 485, s. 63; 1995 (Reg. Sess., 1996), c. 747, s. 7; 2006- 196, s. 7; 2007-250, s. 2; 2012-45, s. 1; 2013-360, s. 20.2(c); 2014-64, ss. 1(a), (c).) § 58-84-30. Trustees appointed; organization. For each county, town or city complying with and deriving benefits from the provisions of this Article,there shall be appointed a local board of trustees, known as the trustees of the local Firefighters'Relief Fund,to be composed of five members,two of whom shall be elected by the members of the local fire department who are qualified as beneficiaries of such fund, two of whom shall be elected by the mayor and board of aldermen or other local governing body, and one of whom shall be named by the Commissioner of Insurance. Their selection and term of office shall be as follows: NC General Statutes - Chapter 58 Article 84 2 4 (1) The members of the fire department shall hold an election each January to elect their representatives to above board. In January 1950, the firefighters shall elect one member to serve for two years and one member to serve for one year, then each year in January thereafter, they shall elect only one member and his term of office shall be for two years. Members elected pursuant to this section shall be either (i) residents of the fire district or (ii) active or retired members of the fire department. (2) The mayor and board of aldermen or other local governing body shall appoint, in January 1950, two representatives to above board, one to hold office for two years and one to hold office for one year, and each year in January thereafter they shall appoint only one representative and his term of office shall be for two years. Members appointed pursuant to this section shall be residents of the fire district. (3) The Commissioner of Insurance shall appoint one representative to serve as trustee and he shall serve at the pleasure of the Commissioner. The member appointed pursuant to this section shall be either (i) a resident of the fire district or(ii) an active or retired member of the fire department. All of the above trustees shall hold office for their elected or appointed time, or until their successors are elected or appointed, and shall serve without pay for their services. They shall immediately after election and appointment organize by electing from their members a chairman and a secretary and treasurer, which two last positions may be held by the same person. The treasurer of said board of trustees shall give a good and sufficient surety bond in a sum equal to the amount of moneys in his hand, to be approved by the Commissioner of Insurance. The cost of this bond may be deducted by the Insurance Commissioner from the receipts collected pursuant to G.S. 58-84-10 before distribution is made to local relief funds. If the chief or chiefs of the local fire departments are not named on the board of trustees as above provided, then they shall serve as ex officio members without privilege of voting on matters before the board. (1907, c. 831, s. 6; C.S., s. 6068; 1925, c. 41; 1945, c. 74, s. 1; 1947, c. 720; 1949, c. 1054; 1973, c. 1365; 1985, c. 666, s. 64; 1987, c. 174, ss. 1, 5; 2007-246, s. 3; 2012-45, s. 2; 2014-64, s. 1(a).) § 58-84-32. Prudent management of funds. Local boards of trustees shall manage local relief funds as prudent trustees of the funds, subject to Chapter 36E of the General Statutes. (2014-64, s. 1(a).) § 58-84-33. (Effective July 1,2015)Maximum fund balances. (a) The balance of a local fire department's Firefighter's Relief Fund for a given year shall not exceed the product of multiplying the number of members on the department's roster as of January 1 for that year by the sum of two thousand five hundred dollars ($2,500). (b) The North Carolina State Firemen's Association shall annually calculate and notify each local department of its relief fund's maximum allowable balance. (c) A local fire department whose relief fund balance, at the time of annual distribution by the Insurance Commissioner, exceeds the amount allowable under subsection (a) of this section shall not be entitled to receive a distribution for that year, and the Commissioner shall redistribute the funds that the department would have received, as provided under G.S. 58-84- 25(c1). (d) A board of trustees of a local Firefighters' Relief Fund may, with the authorization of and under guidelines provided by the North Carolina State Firemen's Association, dedicate a portion of the local Firefighters' Relief Fund towards providing supplemental retirement. Notwithstanding subsection (a) of this section, if such dedicated amounts are used solely for supplemental retirement within the guidelines provided by the North Carolina State Firemen's NC General Statutes -Chapter 58 Article 84 3 5 iwo Caldwell Fire Department 7020 Guess Road Rougemont, NC 27572 Jason, Below are the names our membership voted on to be members of our relief fund on 1/28/16. Non Firefighter Members to be appointed by County Commissioners: 1.Van Harris(1)Year Term 8827 NC 157 Rougemont NC 27572 2. Rob Seeyle(2)Year Term 4711 Trinity Lane Rougemont NC 27572 Firefighter Member appointed by Department: 1. Bill Torkewtiz(2)Year Term 7301 Gates Rd Hurdle Mills NC 27541 Best Regards, Brad Allison Chief Caldwell Fire Department 6 HrrE CROSS FIRE E RTb l'1`�"' White Cross Fire Department Phone:919-942-1194 C 5722 Old Greensboro Hwy Fax:919-942-9733 v�„„ Chapel Hill,NC 27516 E-mail:Oerations @wcfire.net �® Date:January 28th 2016 To: Jason Shepherd Orange County Fire Marshal Orange County Board of Commissioners From: Jamal Phillip Nasseri Fire Chief White Cross Vol Fire Department Reference: 2016 Relief Fund appointments To Whom It May Concern, The White Cross Board of Directors has reappointed Kathy Stewart of 7222 Morrow Mill Road Chapel Hill North Carolina, 27516 to the relief fund board. The White Cross Board of Directors have replaced John Darnall's position with Jason Castevens of 2215 Jones Ferry Road Chapel Hill North Carolina,27516. Their terms took effect 1/7/2016 and will expire on 1/1/2018. Jamal Phillip asseri Fire Chief . White Cross Vol.Fire Dept.` r VIII 7 Orange Grove Volunteer Fire Company 6800 Orange Grove Road Hillsborough, NC 27278 919-967-5858 February 2, 2016 Mr.Shepherd, The membership of Orange Grove Fire Department elected Scott Tutor to serve a 2 year term as trustee for the firefighters relief fund, replacing Bob Witter. In our January Board of Directors meeting,the board re-elected William (Bill) Waddell to serve as trustee to the firefighters relief fund as well. Scott Tutors contact information is as follows: 5130 Sparkling Ridge Road, Efland NC 27243, cell #919-819- 2976. Mr. Waddells contact information should be on file. Please contact me if you have any further questions. Regards, Stephen E. McCauley Chief, Orange Grove Fire epartment 8 Cedar Grove Are Department Chief Jeffrey P. Borland 720 Hawkins Rd Cedar Grove, NC. 27231 (919) 732-9585 1/30/2016 To Whom it may Concern: Cedar Grove Board of Directors would like to re-elect the following for the Orange County BOCC for approval for the Cedar Grove Fire Department Relief Fund Board. One Year Term: James Homer 3804 Lee's Chapel Rd Cedar Grove NC 27231 Two Year Term: Anggie Thompson 3120 Can Store Rd Cedar Grove NC 27231 Thanks Jeff Borland Fire Chief Cedar Grove Fire Department 6L, - 1 9 Street Address(Station 1) Mailing Address: U0Chapel 4012 Whitfield Road P.O.Box 16484 I Chapel Hill,NC 27514 Chapel Hill,NC 27516 Phone:(919)493-1001 www.newhopefire.com 04.4zixo Fax (919)419-0241 New Hope Volunteer Fire Department of Orange County, Inc. February 2, 2016 Mr. Jason Shepherd Orange County Fire Marshal P.O. Box 8181 Hillsborough, NC 27278 Jason, The New Hope Volunteer Fire Department needs to have two members appointed to the local firefighter's relief fund board. Two members need to be appointed in accordance with North Carolina General Statue 58-84-30. We are requesting that the Commissioners appoint Mr. Eddie Walker and Mr. Brian Blalock to the New Hope Fire Department Local Firefighter's Relief Fund Board. Thank you for your assistance with this matter, <Tie Mike Tapp, Fire Chief