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HomeMy WebLinkAboutAgenda - 06-29-2000-8jORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 29, 2000 Action Agenda Item No. SUBJECT: North Chatham Volunteer Fire Department -Amendment to Fire Protection Contract for Damascus and Southern Trian le Fire Districts DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Amendment to Contract 1992 Contract INFORMATION CONTACT: Nick Waters or 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 2000-2001 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 $15,000 increase in their 2000- 2001 funding from Orange County, from $80,000 to $95,000. The County and North Chatham signed the original fire protection agreement in 1992. Since that time, the original contract has been amended three times, to increase the amount from $50,000 to $60,000 far FY 1995-96; $70,000 for FY 1997-98; and to $80,000 for FY 1999-2000. The North Chatham VFD budget has increased substantially in recent years, as the department has experienced the need to add staff to provide 24 hour paid coverage to supplement the volunteers. The share of the North Chatham budget paid by tax revenue from the Damascus and Southern Triangle districts has dropped from about 12-15% when the contract was undertaken in 1992, to about 10 - 11 % with the proposed new contract amount of $95,000. About 8-9% of North Chatham's total response calls come from these two districts - 15% of the fire calls and about 4% of the first responder calls. FINANCIAL IMPACT: As a result primarily of strong tax base growth in these tax districts, the increased contractual payment can be made while maintaining the current tax rate in both districts at 3.0 cents. The approved FY 2000-01 budget provides for the higher contractual payment to North Chatham, while maintaining the tax rate for taxpayers in Damascus and Southern Triangle at FY 1999-00 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. ORANGE COUNTY NORTH CAROLINA AMENDMENT TO CONTRACT AND AGREEMENT THIS AMENDMENT, agreed to this 29th of June, 2000, between Orange County and North Chatham Volunteer Fire Department, Inc. WITNESSETH: 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: 1. 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 Ninety Five Thousand dollars ($95,000) 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 29~h day of June, 2000. FOR AND ON BEHALF OF ORANGE COUNTY Moses Carey, Chair FOR AND ON BEHALF OF NORTH CHATHAM VOLUNTEER FIRE DEPARTMENT Scott Beasley, Chair This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T. Chavious Finance Director 4 NdRTH CAROLINA GRANGE COIINTy CONTRACT AND AGREEMENT THIS CONTRACT AND AGREEMENT, made and entered into this the _~ day of S u,~ , 1992, by and between the COUN TY of ORANGE, hereinafter referred to as, county and the North Chatham Volunteer Fire Department, Inc., hereinafter referred to ws Fire Department; ~' I T N E S S E T H: THAT WHEREAS, North Carolina General Statutes 59-2g,g 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 Five Districts are special tax districts created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, Fire Department is a nonprofit!cor~ooration organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and lire Prevention services and optzanal first responder services authorized by.North Carolina General Statutes 69-25.7 (hereinafte; "services"), within the boundaries of the Damascus and Southern Triangle Fire Districts, by contracting with Fire Department to provide services; and WIiEREAS, Fire Department has the ability to provide and xs w-fling to be the con~ract provider of services within the boundaries of Damascus and Southern Triangle Fire Districts; and 5 NFIEREAS, 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 Distracts; 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 rrer~ises 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 exceedanq.l5 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 cf 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 apprcpriation to Firs Department of Fifty Thousa:.d and No/x.00 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. 160A- 37.1 and 160A-49.1 (contract between municipality and rural fire department for fire protection service), 6 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 al1• annropriat;ons es+~abi a.shdd by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day o~f the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment wi1.1 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 D+vision, and the Insurance Service ofr'ice.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. 7 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 basic emergency medical care to citizens• :rithin 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 raster o= 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 inspact 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--,Tune 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 budgetin S 4 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 yr 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 53A-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 lease at an annual meeting as described by G.S. 55A-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. lo. 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 (36~) written notice to the other art 9 p Y• 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. ~-1• This contract was written with the laws of the State of North Catalina in mind. It shall be construed consistent with and interpreted pursuant to the laws~of the State of North Carolina. IN TESTIMONY wFIEREOF, 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 9oard of Count Y 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 COIINTY BOARD Oz' COMMISSIONERS BY: ATTEST: ~ C er?:) (Choi=) (Fire Department) (Pr sident, Board of Directors) ATTEST: ~' ' ,~ (secretary) I