Orange County NC Website
ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: February 16, 2010 <br />Action Agenda <br />Item No. (oQ <br />SUBJECT: Amendments to the EMS Franchise Agreement entitled "An Ordinance <br />Regulating Emergency Medical, First Responder and Rescue Service and <br />_ Granting of Franchise and Contracts to the Operators In the County of Oran e" <br />DEPARTMENTS: Emergency Services PUBLIC HEARING: (Y/N) No <br />County Attorney <br />ATTACHMENT(S): <br />Proposed Amendments to "An Ordinance <br />Regulating Emergency Medical, First <br />Responder and Rescue Service and <br />Granting of Franchise and Contracts to <br />the Operators In the County of Orange" <br />INFORMATION CONTACT: <br />Frank Montes de Oca, Emergency <br />Services, 245-6100 <br />Annette M. Moore, Staff Attorney, <br />245-2317 <br />PURPOSE: To consider amendments to the EMS Franchise Ordinance entitled, "An Ordinance <br />Regulating Ambulance and Emergency Medical, First Responder and Rescue Services and <br />Granting of Franchise and Contracts to the Operators in the County of Orange." <br />BACKGROUND: On February 2, 2010, the Board approved adopting amendments to the <br />Emergency Service Franchise Ordinance, "An Ordinance Regulating the Operation of <br />Ambulance Services and the Administration of Emergency Medical Assistance in Orange <br />County, North Carolina" (EMS Franchise Ordinance) making it consistent with the existing <br />authority mandated to the County by state law. Board members asked that several additional <br />amendments be prepared by staff for consideration. <br />1. Exception for Fire Departments <br />Fire Chiefs from several volunteer fire departments questioned how the amendments to the <br />Ordinance would affect them. Although staff from the County Attorney`s office indicated the <br />amendments to the EMS Franchise Ordinance did not require volunteer fire departments to be <br />permitted a franchise to provide services, the Board asked that staff develop an amendment to <br />the Ordinance that would provide a clear exception to the franchise permitting requirement for <br />fire departments. (See attached amendment) <br />2. Due Process <br />Orange County Rescue Squad asked that additional due process provisions be added to the <br />Section XVI, Subsection 16.5 of the Ordinance providing for an appeal of a stay of a franchise. <br />The proposed amendment would clarify that franchisees would at the hearing be able to provide <br />evidence and give testimony which would be considered in evaluating the stay and forwarded to <br />the Board of County Commissioners with the Emergency Medical Services Advisory <br />Committee's recommendation on termination of the franchise. (See attached amendment) <br />