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HomeMy WebLinkAboutAgenda - 12-14-2004-5pORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 14, 2004 Action Agenda Item No. ~ ~~ SUBJECT: EMS and Rescue Franchise Agreements (Second Reading) DEPARTMENT: Emergency Management/ PUBLIC HEARING: (Y/N) No County Attorney ATTACHMENT(S): Proposed Franchise Agreements b,y Ordinance (previously distri6ufed under separate cover) INFORMATION CONTACT: .lack Ball or Kent McKenzie, ext 3030 Sean Borhanian, 732-2196 TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732-8181 968-4501 688-7331 336-227-2031 PURPOSE: To consider approving, on second reading, proposed ambulance franchise agreements by ordinance for the two active volunteer rescue squads in the County. BACKGROUND: At the December 6, 2004 meeting, the Board of Commissioners approved on first reading proposed ambulance franchise agreements by ordinance for Orange EMS and Rescue Squad, Incorporated and Technical Rescue Services, Incorporated. The action requested of the Board at this December 14 meeting is final approval of those same franchise agreements. Both organizations have submitted applications to Orange County staff to be awarded franchises to perform certain emergency medical and rescue services. 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. 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." The required public hearing was held on November 16, 2004. Staff explained at that time that prior to January 2000, there had been two separate franchised rescue squads in Orange z 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 continued to contract with this merged agency to provide 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, Background materials for the November 16 public hearing included a proposed franchise agreement by ordinance that was substantially in the form and content of the franchise agreement ordinances that the Board approved on first reading at the December 6 meeting, For the December 6 meeting, additional detail was added to each ordinance to describe assets in Exhibit B and to provide (1) that if the Grantee desires to sell any assets and has a bona fide offer, the County will have a right of first refusal to purchase the assets at the same price as the bona fide offer and (2) for distribution of the assets (in line with NCGS Chapter 55A and the IRS Code) to another franchisee or the County upon dissolution of the Grantee. FINANCIAL IMPACT: There is no direct financial impact associated with the awarding of either franchise agreement by ordinance, Funding to provide monthly stipends to both 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. Bath 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. RECAMMENDATIQN(S): The Manager recommends that the Board approve the franchise agreements by ordinance on second reading for Orange EMS & Rescue Squad, Incorporated and for Technical Rescue Services, Incorporated,