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HomeMy WebLinkAboutAgenda - 06-23-2004-5eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 23, 2004 Action Agenda Item No.rj-~ SUBJECT: North Chatham Volunteer Fire Department -Amendment to Fire Protection Contract for Damascus and Southern Triangle Fire Districts DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Amendment to Contract 1992 Contract INFORMATION CONTACT: Rod Visser, ext 2300 Mike Tapp, ext 3030 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider amending the contract between the County of Orange and the North Chatham Volunteer Fire Department for an increase in the 2004-2005 budget for fire protection services in the Damascus and Southern Triangle Fire Districts. BACKGROUND: North Chatham VFD provides emergency response to the Damascus and Southern Triangle Fire Districts located in southern Orange County. Due to the growth in the two districts, especially in the Southern Triangle District, the demands for fire and EMS coverage have increased. The department has requested a $14,000 increase in their 2004- 2005 funding from Orange County, from $120,000 to $134,000. The County and North Chatham signed the original fire protection agreement in 1992, Since that time, the original contract has been amended a number of times to increase the annual appropriation amounts. Other than annual funding amcunts, the basic contract provisions have remain unchanged since inception. FINANCIAL IMPACT: The increased contractual payment can he made while maintaining the current tax rate in both districts at 3,0 cents per $100 assessed valuation. The recommended FY 2004-05 budget provides for the higher contractual payment to North Chatham, while maintaining the tax rate for taxpayers in Damascus and Southern Triangle at FY 2003-04 levels, RECOMMENDATION(S): The Manager recommends the Board approve the contract amendment, subject to final review by the County Attorney, and authorize the Chair to sign it. ORANGE COUNTY NORTH CAROLINA AMENDMENT TO CONTRACT AND AGREEMENT THIS AMENDMENT, agreed to this 23d of.lune, 2004, between Orange County and North Chatham Volunteer Fire Department, Inc.. W ITNESSETH: WHEREAS, Orange County (County) and North Chatham Volunteer Fire Department (Department) entered into an agreement on July 28, 1992, whereby Department provides fire protection to persons and property in the Southern Triangle and Damascus Fire Districts; and WHEREAS, County and Department wish to continue this agreement at the current level of service; and WHEREAS, increasing costs of providing the current level of service to the two fire districts necessitate a modification to the annual appropriation stipulated in the existing agreement; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties agree that the CONTRACT AND AGREEMENT dated July 2, 1992, is amended as follows: The second sentence in paragraph 1 is amended to read: "The amount levied annually shall be based on a tax rate approved by the Board of 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 appropriation to Fire Department of One Hundred Thirty Four Thousand dollars ($134,000) less the amount equal to all payments received by Fire Department from any municipality pursuant to N.C. General Statute 160A-31.1, 160A-37,2, and 160A-49.2 (proportionate share of debt service) and N.C, General Statute 160A- 37.1 and 160A-49.1 (contract between municipality and rural fire department for fire protection service)." 2. All other terms and conditions of the original agreement shall remain in force,. Executed this the 23d day of June, 2004. FOR AND ON BEHALF OF ORANGE COUNTY Barry .lacobs, Chair FOR AND ON BEHALF OF NORTH CHATHAM VOLUNTEER FIRE DEPARTMENT H. Scott Beasley, President Board of Directors This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T. Chavious Finance Director ~' 3 NORTB CARO~,INA ORANGE COUNTY CONTRACT AND AGREEMENT ~1~ THIS CONTRACT AND AGREEMENT, made and entered into this the ~.` day of ,~ 4~ 1992, by and between the WIINTY of ORANGE, hereinafter referred to as County and the North Chatham Volunteer Fire Department, Inc., hereinafter referred to as Fire Department; • ~ p Y 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 Chanter 69 of the North Carolina General Statutes; and WHEREAS, Fire Department is a nonprofit! corporation 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 con~ract provider of services within the boundaries of Damascus and Southern Triangle Fire Districts; and y wxEREAS, County 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 wxEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; Now, TIiEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1. £ach fiscal year, the County will cause to be levied a special tax net exceeding. l5 cents ($0.15) per ane 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 approved 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 appropriation to Fize Department of Fixty Thousand and No/100 Dollars ($50,000.00) less the amount equal to all payments received by Fire Department from any municipality pursuant to N.C. Gen. Stet. 160A-31.1, 160A-37.2 and 160A-49.2 (proportionate share of debt service) and N.C. Gen. Stet. 160A- 37.1 and 160A-a9.1 (contract between municipality and rural fire 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. That 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 post of collections. a. 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. G 5. Tn"at all funds paid to the Fire Department by the County 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 basin emergency medical care to citizens :within the fire districts. 8. 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, foz 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 training report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31. 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 1-June 30), an accounting of how public funds have been expended on the forms provided by orange County Finance Department. 8. The Fire Department 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 Hoard 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. 55A-30 and vesting in the Hoard of Directors the authority to manage the affairs of the corporation. 10. This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five days (]65) written notice to the other party. Any contracts g 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 o£ the State of North Carolina in mind. St shall be construed consistent with and intezpreted 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 Baard o£ County Commissioners and attested by the Clerk to the Hoard 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 of its Hoard of Directors duly given. ORANGE COUNTY BOARD Or COMMISSIONERS 8Y: ATTEST; ~ C erk7 (Fire Department) ~~ ~ ~-(-Pr ~side~" Hoard of° Directors) ATTEST: (Se~etary) ~ -°°