Agenda - 01-21-2010 - 6b - Laserfiche WebLink

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1. North Carolina General Statutes Chapter 131 E, Article 7 2. North Carolina General Statutes Chapter 143, Article 56 3. North Carolina General Statutes section 153A-250 4. North Carolina Administrative Code, 10A NCAC 13P .0101 et seq. If the amendments are approved, potential next steps and a tentative timetable is: • Provide application to potential franchisees -January 2010; • Emergency Services will meet with potential franchisees to discuss proposals for franchises; • The Board will hold a public hearing on EMS Franchise Services to determine if a 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" - February 2010 • Emergency Services provides recommendation to Board on applicants' proposals; • Board considers permitting EMS franchises by Ordinance and contract with permitted franchises- February 2010; • Board must approve any franchise permit by Ordinance at two regular meetings - March 2010 This matter came before the Board on December 7, 2009. Prior to the meeting, both the Orange County Rescue Squad ("OCRs") and South Orange Rescue Squad's ("SORB") attorneys were given a copy of the amendments to the EMS Franchise Ordinance. The attorney for OCRs came before the Board at the December 7, 2009 meeting and presented a letter in opposition to the amendments to the Ordinance. Specifically, OCRs was opposed to the composition of the EMS Advisory Committee and the due process requirements in the Ordinance. The attorney for SORB had no concerns about either the EMS Advisory Committee or the due process requirements in the Ordinance. The Board asked the County Attorney to review the letter presented by OCRs. The County Attorney's Office has reviewed the letter and has found that both the EMS Advisory Committee and the due process provisions provided by the Ordinance comport to the requirements for due process as provided by both the federal and state law. FINANCIAL IMPACT: None RECOMMENDATION(S): The Manager recommends that the Board adopt the amendments to "An Ordinance Regulating Ambulance and Emergency Medical, First Responder and Rescue Services and Granting of Franchise and Contracts to the Operators In the County of Orange" effective and authorize the Chair to sign the EMS Franchise Ordinance as amended. The amendments to the EMS Franchise Ordinance will be effective upon signature by the Chair.