Agenda - 02-02-2010 - 6a - Laserfiche WebLink

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4. North Carolina Administrative Code, 10A NCAC 13P .0101 et seq. 2 The Board at its meeting on January 21, 2010 voted 6-1 to approve the amendments to the EMS Franchise Ordinance. North Carolina General Statute §153A-45 provides that in order for an ordinance to be adopted on its first reading it "must receive the approval of all the members of the board of commissioners. If the ordinance is approved by a majority of those voting but not by all the members of the board... it shall be considered at the next regular meeting of the board." The history of Board actions on these amendments to this Ordinance is as follows: • This matter first came before the Board on December 7, 2009, the Board voted to delay the item. 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. OCRs came before the Board at the December 7, 2009 meeting and presented a letter in opposition to the amendments. Specifically, OCRs was opposed to the composition of the EMS Advisory Committee and the due process provided in the Ordinance. The attorney for SORB had no concerns about either the EMS Advisory Committee or the due process requirements. The Board asked the County Attorney to review the letter presented by OCRs prior to acting on the Ordinance. Response: The County Attorney's Office reviewed the letter and found that both the EMS Advisory Committee and the due process provisions provided by the Ordinance comported to the requirements of due process under both the federal and state constitutions. On January 21, 2010, these amendments were brought before the Board, the Board voted 6-1 to approve the amendments to the Ordinance. Fire Chiefs from several volunteer fire departments raised concerns about not having input into the changes to the Ordinance and questioned how the amendments to the Ordinance would affect them. OCRs again indicated it opposed the amendments to the Ordinance for the same reasons they indicated on December 7, 2009 and SORB spoke in favor of the proposed amendments to the Ordinance. The Board expressed concerns about the fire departments' position and the composition of the Emergency Medical Service Advisory Committee and EMS Peer Review Committee. Response: At the Board's December 7th meeting staff from the County Attorney`s office indicated the amendments to the EMS Franchise Ordinance did not require volunteer fire departments to be permitted a franchise to provide services that are considered fire fighting services. The volunteer fire departments are not in the business of providing the services governed by the Ordinance. There was no change recommended to require fire departments to have a franchise. The volunteer fire departments contract with the County to provide fire fighting and fire prevention service in the County. Fire fighting services necessarily include both first/medical responder and extrication services, which are incidental to their obligations and specifically referenced in their existing contracts. However, the North Carolina Administrative Code provides that County governments shall establish an EMS System that has among other things: