ORD-2010-012 EMS Second Reading: Amendments to the EMS Franchise Agreement

Browse Search

aC:z ~a~° 10 " 1 a. Second Readina: Amendments to the EMS Franchise Agreement entitled 2 "An Ordinance Regulatinp Emerpency Medical First Responder and Rescue Service and 3 Granting of Franchise and Contracts to the Operators In the County of Orange" 4 The Board considered a second reading approving amendments to the EMS Franchise . 5 Ordinance entitled, "An Ordinance Regulating Ambulance and Emergency Medical, First 6 Responder and Rescue Services and Granting of Franchise and Contracts to the Operators in 7 the County of Orange," and authorized the Chair to sign. 8 Emergency Services Director Frank Montes de Oca said that On May 1, 1981 Orange 9 County enacted its first EMS Franchise Ordinance, "An Ordinance Regulating the Operation of 10 Ambulance Services and the Administration of Emergency Medical Assistance in Orange 11 County, North Carolina" (EMS Franchise Ordinance): On April 20, 1993, Orange County 12 repealed the original EMS Franchise Ordinance and enacted the current ordinance entitled, "An 13 Ordinance Regulating Ambulance and Emergency Medical, First Responder and Rescue 14 Services and Granting of Franchise and Contracts to the Operators In the County of Orange." 15 Since 1993, the EMS Franchise Ordinance has not been updated with 'any statutory or 16 regulatory changes'. In the intervening years and especially since the events of September 11, 17 2001 there have been changes in both state law and regulations as well as the practices, 18 policies, procedures, terminology, and the responsibilities placed on the County by both state 19 and federal government governing the services provided by the EMS Franchise Ordinance. 20 21 The amendments updated the EMS Franchise Ordinance making it consistent with the existing 22 authority mandated to the County by state law and regulations including, but not limited to, the 23 following: 24 25 1. North Carolina General Statutes Chapter 131 E, Article 7 26 2. North Carolina General Statutes Chapter 143, Article 56 27 3. North Carolina General Statutes section 153A-250 28 4. North Carolina Administrative Code, 10A NCAC 13P .0101 et seq. 29 . 30 The Board at its meeting on January 21, 2010 voted 6-1 to approve the amendments to the 31 EMS Franchise Ordinance. North Carolina General Statute §153A-45 provides that in order for 32 an ordinance to be adopted on its first reading it "must receive the approval of all the members 33 of the board of commissioners. If the ordinance is approved by a majority of those voting but 34 not by all the members of the board... it shall be considered at the next regular meeting of the 35 board." 36 37 The history of Board actions on these amendments to this Ordinance is as follows: 38 39 This matter first came before the Board on December 7, 2009, the Board voted to delay 40 the item. Prior to the meeting, both the Orange County Rescue Squad ("OCRs") and 41 South Orange Rescue Squad's ("SORB") attorneys were given a copy of the 42 amendments to the EMS Franchise Ordinance. OCRs came before the Board at the 43 December 7, 2009 meeting and presented a letter in opposition to the amendments. 44 Specifically, OCRs was opposed to the composition of the EMS Advisory Committee 45 and the due process provided in the Ordinance.. The attorney for SORB had no 46 concerns about either the EMS Advisory Committee or the due process requirements. 47 The Board asked the County Attorney to review the letter presented by OCRs prior to 48 acting on the Ordinance. 1 In January 2009, extensive revisions were made to l0A NCAC 13P .0101 et seq