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HomeMy WebLinkAboutAgenda - 11-03-2004-5cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 3, 2004 Action Agenda Item No. 5- G SUBJECT: Establishment of Public Hea DEPARTMENT: Emergency Management) Attorney for EMS & Rescue Franchise Agreem PUBLIC HEARING: (Y(N) No ATTACHMENT(S): INFORMATION CONTACT: None Kent McKenzie, ext 3030 Sean Borhanian, 732-2196 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To establish public hearings on granting proposed ambulance franchise agreements to the two active volunteer rescue squads in the county. BACKGROUND: The Orange County EMS, Rescue, and First Responder Franchise Ordinance (reissued April 20, 1993) requires that organizations which provide Emergency Medical Services (EMS) or Rescue services be franchised by the County to engage in those activities, North Carolina law establishes a public hearing notice/scheduling requirement related to the granting of ambulance franchises. NCGS §153A-250(a) states that "before it may adopt an ordinance pursuant to [that] subsection, the board of commissioners must first hold a public hearing on the need for ambulance services," The purpose of the public hearing is to help the BOCC find if the franchise is "necessary to assure the provision of adequate and continuing ambulance service and to preserve, protect, and promote the public health, safety, and welfare." Once the BOCC makes this finding, it can permit the franchise by ordinance. NCGS §153A-46 provides that "no ordinance making a grant, renewal, extension, or amendment of any franchise may be finally adopted until it has been passed at two regular meetings of the board of commissioners" and that "no such grant, renewal, extension, or amendment may be made except by ordinance." Prior to January 2000, there were two separate franchised rescue squads in Orange County: Orange County Rescue Squad in Hillsborough and South Orange Rescue Squad in Carrboro. Each of these agencies was franchised by the Commissioners to provide Emergency Medical and Rescue services, In January 2000, the two squads merged to form one agency, Orange EMS & Rescue Squad, Incorporated, Orange County has continued to contract with this merged agency to continue providing EMS and Rescue Services. In the Spring of 2004, because of internal disagreement among the membership of Orange EMS & Rescue Squad, a mediation process was started that has resulted in the spin-off of a new corporation, Technical Rescue Services, Incorporated, which conducts business as South Orange Rescue Squad. Through the mediation process, the assets of Orange EMS & Rescue Squad have been divided between the surviving corporation and the new corporation, and some volunteers from the surviving corporation have transferred their membership into the new corporation. The result of this process is effectively a return to the pre-merger status of the two separate rescue squads, both of which are valuable partners with Orange County in the provision of Emergency Medical and Rescue services. County staff has been working to draft new franchise documents for these agencies, Staff proposes that the Board schedule the statutorily required public hearing far bath franchise agreements for the regular meeting on November 16, 2004 at the Southern Human Services Center. As noted above, State statutes also provide that notice of public hearing be published once a week for two successive weeks before the hearing, Staff will arrange for publication of this notice during the weeks ending November 5 and November 12, Orange EMS & Rescue Squad, Incorporated, in Hillsborough, will continue to provide volunteer EMS primarily for special events throughout the county and will continue to provide vehicle and heavy extrication. Technical Rescue Services (dba South Orange Rescue Squad) will begin providing volunteer EMS primarily for special events in Chapel Hill and at the University of North Carolina, and will continue to provide technical rescue including swift water, confined space, and high and low angle rescue services. FINANCIAL IMPACT: There is no financial impact associated with scheduling the public hearing or subsequently, with the awarding of these franchises, Funding to provide monthly stipends to bath squads has already been appropriated in the FY 2004-05 budget for the Emergency Management Department, in keeping with the County's agreement for FY 2004-05 with Orange EMS & Rescue Services, Both squads have agreed in writing to share the monthly stipend from the County on a 50-50 basis for the remainder of the current fiscal year. RECOMMENDATION(S): The Manager recommends that the Board schedule the public hearing for bath franchise agreements for the regular BOCC meeting on November 16, 2004 at the Southern Human Services Center,