January 6, 1992 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersJanuary 6, 1992The Johnston County Board of Commissioners met in regular session Monday, January6, 1992, at 10 oclock am in the Commissioners Room, Johnston County Courthouse Annex,Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash,John M Booker, DVM, and Jerry F Wood, DDSAbsent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, and W R Britt,County AttorneyThe Chairman called the meeting to order and the following business was transacted1 Designation of Clerk to the Board of CommissionersClerk Eleanor N Creech having retired effective December 31, 1991 Commissioner JohnM Booker moved that Joyce H Ennis be appointed Clerk to the Board of Commissioners toserve at the will of the Board Commissioner Booker further moved that Mrs Ennis beadministered the oath of office as Clerk and replace Mrs Creech as an authorized signer onJohnston County bank accountsCommissioner Frank B Holding seconded the motion which carried by unanimous vote2 MinutesThe Chairman asked if there were any corrections to the minutes of the December 2,1991, and December 26, 1991, board meetings There being no corrections, the Chairmandeclared the minutes approved as presented3 Day -By -Day Treatment CenterRepresentatives from Day -By -Day of Selma met with the Board requesting funds tohelp defray the costs of furniture for their new treatment facility on River Road in SelmaBob Spence, Sr and Jim Caldwell explained that the recently opened twenty -bed center wasconstructed primarily with HUD approved loan money which fell short on furniture allocationby approximately 20,000 They thanked the Board for the Countys interest and assistance inthe past and asked for consideration in this matterThe Board deferred action until later in the day4 Department of Transportation Additions to SystemThe Board reviewed petitions presented by the North Carolina Department ofTransportation requesting the following roads be added to the State Secondary System formaintenanceApplewood Drive and Pine Lane in Applewood Subdivision, Clayton TownshipHeather Downs Lane, Moorgate Drive, Coachman Court, Fieldstone Lane, and BarclayAuthorized signatures for County Government Accounts as of January, 1992General Fund, Airport Fund, Library Fund, Public Utilities Fund, Johnston Countyfor Lambert Group FundNorman C Denning, Richard B Self, Joyce H Ennis, John R Massey, PeggyW PowellCommunity Development - Red Hill AccountNorman C Denning, Richard B Self, Joyce H Ennis, John R Massey, AnneP EasonJob Training FundJames Robert Davis, Richard B Self, John R MasseyHousing Assistance Payment ProgramAnne P Eason, Richard B Self, John R MasseyMental Health FundJanice Nutt, Richard B Self, John R MasseyTourism FundTom Davis, Richard B Self, John R Massey2 MinutesThe Chairman asked if there were any corrections to the minutes of the December 2,1991, and December 26, 1991, board meetings There being no corrections, the Chairmandeclared the minutes approved as presented3 Day -By -Day Treatment CenterRepresentatives from Day -By -Day of Selma met with the Board requesting funds tohelp defray the costs of furniture for their new treatment facility on River Road in SelmaBob Spence, Sr and Jim Caldwell explained that the recently opened twenty -bed center wasconstructed primarily with HUD approved loan money which fell short on furniture allocationby approximately 20,000 They thanked the Board for the Countys interest and assistance inthe past and asked for consideration in this matterThe Board deferred action until later in the day4 Department of Transportation Additions to SystemThe Board reviewed petitions presented by the North Carolina Department ofTransportation requesting the following roads be added to the State Secondary System formaintenanceApplewood Drive and Pine Lane in Applewood Subdivision, Clayton TownshipHeather Downs Lane, Moorgate Drive, Coachman Court, Fieldstone Lane, and BarclayJan6, 1992 ContinuedLane, in Heather Downs Subdivision, Clayton TownshipDeer Run in Woodland Trails Subdivision, Clayton TownshipFollowing review, Commissioner James W Cash moved that N C Department ofTransportation be requested to add these roads to the State Maintained SystemCommissioner Frank B Holding seconded the motion which carried by unanimous vote5 Department of Transportation Annual ReportRoss Hailey, DOT Maintenance Engineer, presented the following annual statement forDepartment of Transportations 1991 construction seasonSR2518 - Survey ,R W, Grade, Drain, Base, Pave, EC Amt Expended 93,925 Trust Fd CompleteSR1574 - Survey, R W, Grade, Drain, Base, Pave, EC Amt Expended 118,295 County Const CompleteSR1946 - Survey, R W , Grade, Drain, Base, Pave, EC -AmtExpended 95,918 Trust Fd - CompleteSR1508 - Survey, R W, Grade, Drain, Base, Pave, EC AmtExpended 81,800 Trust Fd- CompleteSR1548 - Survey ,R W, Grade, Drain, Base, Pave, EC AmtExpended 181,255 County Const- CompleteSR1572 - Survey, R W,Grade, Drain, Base, Pave, EC AmtExpended 27,594County Const- CompleteSR2326 - Survey ,,R W, Grade, Drain, Base, Pave, EC Amt Expended 169,576 County Const- CompleteSR1542 - Survey ,R W, Grade, Drain, Base, Pave, EC AmtExpended 80,864 County Const- CompleteSR1582 - Survey, R W, Grade, Drain, Base, Pave, EC Amt Expended 165,367 Trust Fd- CompleteSR2111 - Survey, R W, Grade, Drain, Base, Pave, EC Amt Expended 206,887 Trust Fd- CompleteSR1353 - Survey ,R W, Grade, Drain, Base, Pave, EC AmtExpended 261,631Trust Fd- CompleteSR2379 - Survey, R W, Grade, Drain, Base, Pave, EC AmtExpended 35,990 County Const- CompleteSR1316 - Survey, R W, Grade, Drain, Base, Pave, EC AmtExpended 208,681 Trust Fd - CompleteSR1507A - Survey, R W, Grade, Drain, Base, Pave, EC AmtExpended 74,900 County Const CompleteSRH86 - Survey, R W, Grade, Drain, Base,Pave,EC AmtExpended 95,328 Trust Fd- CompleteTOTAL COUNTY CONSTRUCTION FUNDS 688,474TOTAL TRUST FUNDS 1,209,5376 Capital Area Job Training Consortium AgreementUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James WCash and carried by unanimous vote, the Board adopted the following resolutionRESOLUTIONWHEREAS, the Johnston County Board of Commissioners wishes to continue the CapitalArea Job Training Consortium Agreement with Wake and Harnett Counties for the operation ofthe Job Training Partnership Act Program for the period July 1, 1992 through June 30, 1994NOW, THEREFORE, DE IT RESOLVED, that the Board of Commissioners hereby agree toextend the Capital Area Job Training Consortium Agreement through June 30, 1994Adopted this 6th day of January, 19927 Recreation Grant ApprovedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board approved the following recreation grant andbudget amendmentSouth Johnston Trojan Club, 2,000Expenditure Increase - Special Appropriations10 66506220 Recreation Grants 2,00000Expenditure Decrease10 665057 Contingency Fund 2,000008 Red Hill Community Pevelopment Block Grant Proiect OrdinanceUpon a motion byHolding and carried by unAN ORDINANCE TO ESTAB91 -C -8138BE IT ORDAINED by thethatBoner James W Cash, seconded by Commissioner Frank Bvote, the Board approved the following project ordinancePROJECT ORDINANCETHE OPERATING BUDGET FOR THE 1991 CDBG PROJECT NUMBERpard of Commissioners of the County of Johnston, North Carolina?Ec1710January 6, 1992 ContinuedSection 1The project authorized isthe Community DevelopmentProject described in thework statement contained in the grantagreement Number 91 -C -8138between Johnston CountyGovernmentand the North CarolinaDepartment of EconomicDevelopment, -Division ofCommunityAssistance This project ismore familiarly known as the 1991 - CDBG - Red HillCommunityDevelopment Project1991CDBGSection 2The Board of Commissioners of the County of Johnston are hereby directed toproceed with the grant project within the terms of the grantdocuments, the rules andregulationsof the Department of EconomicDevelopment, Division ofCommunity Assistance andthe budgetcontained herein70, 000001991Section 3The following revenues areanticipated to be available to complete this projectREVENUESCommunity Development Block Grant 1991 338,67500From General Fund 70,00000Total Revenues 408,67500Section 4 The following amounts are appropriated for the project1991CDBGAcquisition 3,000001991CDBGSewer Improvements10, 000001991CDBGWater Improvements18, 000001991CDBGClearance Activities5,000001991CDBGRehabilitation of Dwellingsand Fieldwork248, 500001991CDBGAdministration10,00000General Funds Administration70, 000001991CDBGLocal Option Rehabilitation44,17500Total appropriated408,67500Section 5 The finance officer is hereby directed to maintain within the Grant Project Fundsufficient specific detailed accounting records to provide the accounting to the Department ofEconomic Development, Division of Community Assistance, as required by the grant agreementand federal and state regulationsSection 6 Funds may be advanced from the General Funds for the purpose of makingpayments as due Reimbursement requests should be made to the Department of EconomicDevelopment, Division of Community Assistance in an orderly and timely mannerSection 7 The finance officer is directed to report during the active period of the projectfor twenty -four months or until project is closed out, on the financial status of eachproject element in Section 4 and on the total grant revenues received or claimedSection 8 The budget officer is directed to include a detailed analysis of past and futurecosts and revenues on this grant project in every budget submission made to this boardSection 9 Copies of this grant project ordinance shall be made available to the budgetofficer and the finance officer for direction in carrying out this projectDuly adopted this 6th day of January, 19929 Budget Amendments ApprovedA Social Services - Day CareiUpon a motion by Commissioner John M Booker, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board approved the following budget amendmentExpenditure Increase - Child Day Care10 61304500 Purchased Day Care 224,15200Revenue IncreaseI10 35308000 DSS Child Day Care 224915200B Emergency Management - AdditionaCommissioner Jerry F Wood moved theExpenditure Increase10 53007400 Capital OutlayRevenue Decrease10 35838200 Emergency MgtCommissioner John M Booker secondedPState Funds for EIS Systemfollowing budget amendment be approved1,000001,00000the motion which carried by unanimous vote?p4J,1171C Register of Deeds - Transfer of Fees Collected for StateThe Board discussed the recent excise tax the State has imposed on deeds LocalRegister of Deeds offices are required to collect the fees on behalf of the State minus acollection chargeFollowing further discussion and upon a motion by Commissioner Jerry F Wood,seconded by Commissioner Frank B Holding and carried by unanimous vote the Boardreluctantly approved the following budget amendmentExpenditure Increase - General Fund10 66509083 Conveyance Excise Tax on Deeds 165,00000Revenue Increase - General Fund10 334482 Register of Deeds Fees 165, 0000010 Resolution Opposition to Proposed Tax on Landfill Tipping FeesCounty Manager, Richard Self, brought to the Boards attention, that the State iscurrently considering imposing a tax on landfill tipping feesFollowing discussion, Commissioner Frank B Holding moved the following resolution beadopted and sent to appropriate members of the North Carolina General Assembly, the NorthCarolina Association of County Commissioners and the N C Department of Environment,Health, and Natural ResourcesRESOLUTIONWHEREAS, The counties in North Carolina have been working diligently to comply with variouslaws, rules and regulations affecting the disposal of waste; andWHEREAS, The counties have shown capability and leadership in solving the multitude ofproblems associated with Subtitle D and Senate Bill Ill as they relate to the localcircumstances; andWHEREAS, Many counties in North Carolina have enacted fees as a method of paying the costto implement the various federal and State regulations; andWHEREAS, The State government has provided no leadership in the area of markets forrecyclable materials, but rather are attempting to enact a tax on Local Governmentlandfill fees; andWHEREAS, Any tax levied by the State on the Local Governments is detrimental to the LocalGovernments and is viewed as contrary to the purpose of Local GovernmentsNOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Johnston County that anyattempt by the State of North Carolina to impose an additional fee or a tax on the wastedisposal process is opposedBEIT FURTHER RESOLVED THAT the State is called upon to provide recyclemarkets whichwillenable Local Governments to meet the mandates of the State contained inSenate Bill lllThat this be done without assessing fees or taxes on the local governmentsUnanimously adopted this 6th day of January, 1992Commissioner John M Booker seconded the motion which carried by unanimousvotellPublic Hearing - Special Use PermitsAdvertised December 17, December 27, 1991 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wishedto addresstheBoard on the following requests for special use permitsA Permit for a solid waste container located at the intersection of Hwy701 and SR1179 in Ingrams Township - One 1 acre; Petitioner JohnstonCounty PublicUtilitiesJeff Coutu explained there was no opposition at the County PlanningBoard Hearingandstated the Planning Board recommended approval172January 6, 1992 Continued0B Permit for Land Application of Sludge located on SR 1330, 3600 feet south ofintersection of SR 1514, Cleveland Township - 225 acres; Property Owners BenF Johnson and John C Johnson; Applicant W R HardeeJeff Coutu reported there was opposition voiced at the Planning Board hearing heldDecember 30th and the Planning Board requested the County Commissioners refer this requestback to their board to allow the Planning staff time to research the effects of landapplication of septageBill Hardee, applicant and owner of Hardee Septic Tank Service, explained hiscompany proposes to use the land for septic disposal He assured the Board all Staterequirements would be met and stated their would be no odor, no toxic or hazardousmaterials released, no standing water and no contamination to area creeks and streamsBill Yelverton, Charles Barefoot, Ray Cobb, and Billy Barefoot, nearby landowners,opposed the permit voicing the following concerns contamination to nearby creeks andstreams, unpleasant odor, loss of property value, and insufficient information about long -termeffects of land application of septageThere being no further remarks, the Chairman closed the public hearing12 Special Use Permit Requests for Land Application of Sludge Referred Back to thePlanning BoardUpon a motion by Commissioner James W Cash, seconded by Commissioner Frank BHolding and carried by unanimous vote, the Board referred WR Hardees request for aSpecial Use Permit for land application of sludge back to the County Planning Board to bereconsidered at their next regular meeting, January 28, 199213 Special Use Permit ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John MBooker and carried by unanimous vote, the Board approved a Special Use Permit to JohnstonCounty Public Utilities for a Solid Waste Container at the intersection of Hwy 701 and SR 1179in Ingrams Township14 Second Public Hearing Ordinance Regulating Medical Services and Granting ofFranchises to Ambulance OperatorsAdvertised December 17, December 20, 1991 - The Smithfield HeraldThe Chairman opened the public hearing and invited citizen response to the proposedOrdinance Regulating Medical Services and Granting of Franchises to Ambulance OperatorsDewayne West, Director of Emergency Management, stated he has heard no oppositionto the proposed ordinance and recommended approval by the BoardThere being no further comments, the Chairman closed the public hearing15 Ambulance Ordinance AdoptedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John MBooker and carried by unanimous vote, the Board adopted the following ordinance1IJ173January 6, 1992 ContinuedAN ORDINANCE REGULATING EMERGENCY MEDICALSERVICE AND GRANTING OF FRANCHISESTO AMBULANCE OPERATORSCOUNTY OF JOHNSTONAn ordinance governing the granting of franchises forambulance services and other Prehospital emergency medicalservices The County of Johnston Board of Commissioners doesordain the followingSECTION —1 DEFINTTION2Unless the context otherwise requires, the followingdefinitions shall apply in the interpretation and enforce-ment of this ordinance11 AMBULANCEThe term an-Lbulance means any Privately or publiclyowned motor vehicle, aircraft, or vessel that isspecially designed, constructed, or modified andequipped and is intended to be used for and ismaintained or operated for the transportation on thestreets or highways, waterways or airways of thisState of persons who are sick, injured, wounded, orotherwise incapacitated or helpless12 AMBULANCE ATTENDANTThe term ambulance attendant means an individual whohas completed a training Program in emergency medicalcare and first aid approved by the North CarolinaDepartment Of Human Resources and has been certifiedas an ambulance attendant by the Department of HumanResources, Office of Emergency Medical Services,13 EMERGENCY MEDICAL TECHNICIAN EMT The term emergency medical technician means anindividual who has completed a training Program inemergency medical care at least equal to the NationalStandard Training Program for Emergency Medicaltechilicians as defined by the United States Departmentof Transportation and has been certified as anemergency medical technician by the State of NorthCarolina office of Emergency Medical Service14 AMBULANCE PROVIDERThe term ambulance Provider means an individual,firm, corporation or association who engages orProfesses to engage in the business or service oftransporting patients in-an ambulanceAPPROVEDThe term approved shall mean approved by the NorthCarolina Medical Care Commission Pursuant to thelatters rules and regulations promulgated under NCGeneral Statutes 11+3B-16516 SECONDARY AMBULANCE PROVIDERThe term secondary ambulance Provider shall mean thesystem of Personnel and equipment meeting the samecriteria as a Primary ambulance Provider, but notnormally dispatched on first call response174January 6, 1992 Continued17 COMMITTEEThe term corrimittee shall mean the Johnston CountyEmergency Medical Services Committee18 COUNTYThe term county shall me-an the County of JohnstonBoard of Commissioners or their designatedrepresentative1-19 TELECOMPMTICATORThe term 11telecommunicator shall mean a person who isavailable at all times to receive requests foremergency services, to dispatch emergency services,and to advise local law enforcement agencies, and firedepartments and emergency medical facilities of anyexisting or threatened emergency110 EMERGENCYThe terms emergency and emergency transportationservice shall mean the use of an ambulance, itsequipment and personnel to provide medical care and-transportation of a patient who is in need ofimmediate medical treatment in order to prevent lossof life or further aggravation or physiological orpsychological illness or in-jury111 FIRST RESPONDERThe -term first responder shall mean an organizationwith personnel trained in emergency medical care thatis dispatched to the -scene of a medical emergency for-the Primary Purr,,ose of providing emergency medicalassistance to a patient until -the ambulance andadditional medical aid arrives112 FRANCHISEThe term franchise shall mean a permit issued by theCounty to a person for the operation of an ambulanceservice, rescue squad or first responder unit113 FRANCHISEEThe term franchisee shall mean any person havingbeen issued a franchise by the County for theoperation of an ambulance service, rescue squad orfirst responder unit114 LICENSEThe term licensel? shall mean any drivers license orpermit to operate a motor vehicle issued under orgranted by the laws of the State of North Carolina115 NONEMERGENCY TRANSPORTATION SERVICESThe term nonemergency transportation service shallmean the operation of an ambulance for any purposeother than transporting emergency patients116 OPERATORThe term operator shall mean a person in actualpbyz,ical control of an ambulance which is in motion orwhich has the engine runningJanuary 6, 1992 Continued117 OWNERThe term owner shall mean any Person or entity whoowns an ambulance118 PATIENTThe term patient mean an individual who is sick,injured, wounded, Or Otherwise incapacitated orhelpless such that the need for some medicalassistance might be anticipated while being-transported to or from a medical facility119 PERSONThe term shall mean any individual, firm,Partnership, association, corporation, company, groupof individuals acting together for a common Purpose,or organization of any kind, including any govern-mental agency other than the United States120 RESCUEThe, terill llresc-ue,, shall mean situations where thevictim cannot escape an area through the normal exitor under his own powerSECTION II FRANCHISE REQUIRED2122No Person either as owner, agent or otherwise, shallfurnish, Operate, conduct, maintain, advertise, orotherwise be engaged in or profess to be engaged inthe business or service of emergency andornonemergency transportation of Patients within theCounty of Johnston Unless the Personholds a validpermit for each ambulance used in such business orservice issued by the North Carolina Department ofHuman Resources, Office of Emergency Medical Services,and has been granted a franchise for the operation ofsuch business or service by the County Pursuant tothis OrdinanceNo person shall drive an ambulance, attend a patientin one, or permit one to be operated when transportinga Patient within the County of Johnston unless he orshe holds a currently valid certificate as anambulance attendant, emergency medical technician,EMT-D, EMT-Intermediate, EMT-Advance Intermediate orEMT-Paramedic issued by the North Carolina Departmentof Human Resources, Office of Emergency MedicalServices23 No Person either as owner, agel-It orc otherwise , shalllurl-lish, operate, conduct, maintain, advertise, orotherwise be engaged in or profess to be engaged inthe business or service of Providing rescue servicesor first responder services unless they have beengranted a franchise for the operation of such businessor service by the County Pursuant to this ordinance24 No Franchise shall be required fora Any entity operated from a location or head-quarters outside of the County of Johnston inorder to transport patients who are Picked upbeyond the limits of the County of Johnston, tofacilities located within the County of Johnston,Or to pick up patients within the County ofJohnston for transporting to locations outside theCounty of Johnston; but no such entity shall beused -to Pick UP Patients within the County of1751 176January 6,_ 1992 ContinuedJohnston for 1UransportjJ_ng to locations within theCounty of Johnston or other locations unless it isrendering assistance to a franchised ambulanceservice in the case of a maJor catastrophe, mutualaid or emergency with -which the servicesfranchised by the County of Johnston areinsufficient or unable to cope as referred to in24A above; or,b Ambulances owned and operated by an agency of theUnited L States governmentSECTION III APPLICATION FOR AMBULANCE FRANCHISE31 Application for a franchise to operate ambulances inthe County of Johnston shall be made by the ambulanceprovider upon such forms as may be prepared orprescribed by the County and shall containa The name and address of the ambulance provider andof the owner of the ambulancesb The trade or other fictitious names, if any, underwhich the applicant does business, along with acertified copy of an assumed name certificatestating such name or articles of incorporationstating such name -c A resume of the training and experience of theapplicant in the transportation and care ofpatientsd A full description of the type and level ofservice to be provided including the location of-the Place or places from which it is intended tooperate, the manner in which the public will beable to obtain assistance and how the vehicleswill be dispatched An audited financial state-ment of the applicant as the same pertains to -theoperations in the County of Johnston, saidfinancial statement to be in such form and in suchdetail as may be required by the Countye A list of radio frequencies the applicant isauthorized to operate on, and a copy of the FCClicenses in the name of the person providing theservicef A description of the applicants capability toprovide twenty-four hour coverage, seven days perweek for the district covered by the franchiseapplied for, and an accurate estimate of theminimum and maximum times for a response to callswithin such districtg Any information the County shall deem reasonablynecessary for a fair determination of thecapability of the applicant to provide ambulanceservices in the County of Johnston in accordancewith -the requirements of state laws and theprovisions of this regulationSECTION IV GRANTING OF FFNCHISE41 Prior to accepting applications for the operation ofan ambulance service, the Board of Commissioners maydesignate specific service areas as franchisedistricts Said districts will be established usingcriteria -that includes geographic size, road access,tbe, location of existing medical transportationservices, population, and response time The Countyshall have the authority to redistrict or rearrangeexisting districts at any time at their discretion421 An applicant may apply fcr a franchise to operateei_thex emergency transportation service ornonemergency transportation service or both If bothtypes of service are to be provided, separateapplications must be filed for each type43 Upon receipt of an application for a franchise, theCounty shall schedule a time and place for hearing theapplicant Within_ `i0 days aft -er hearing, the Countyshall cause such investigation as it may deemnecessary to be made Of the applicant and his proposedoperations44 A franchise may be granted if the County findsthata The applicant shows a reasonable effort to meetstate standards and standards outlined in thefranchise ordinanceb The Proposed service will fit within the existingservice so as not to adversely affect the level ofservice or operations of other franchisees torender servicec A need exists for the proposed service in order toimprove the level of ambulance services availableto residents of the county and that this is areasonable -and cost effective mariner of meetingthe need,SECTION V TEEM CAF FRANCHISE51 The County may issue a_ franchise hereunder to anambulance provider, to be valid -for a term to bedetermined by the County, provided that eitherpartyas its option, may terminate the ,?ranchise upon 60days Prior written notice to the other party After anotic of service termination is given, the ambulanceprovider may reapply for a franchise-if continuedservice is desired52 Upon suspension, revocation, or termination of afranchise granted hereunder, such franchised ambulanceservice, rescue squad or first responder unitimmediately shall cease operations Upon suspension,revocation, or termination of a drivers license orattendants certificate or emergency medicaltechnician certificate, such persons shall cease todrive an ambulance or provide medical care inconjunction with an ambulance service, or attend anambulance The franchisees shall not or permit suchan individual to drive an ambulance or provide medicalcare in conjunction with the ambulance service, rescuesquad or first responder unit53 Each franchised ambulance service shall comply at alltimes with the requirements of this Ordinance, the- franchise granted hereunder, and all applicable stateand local laws relaying to health, sanitation, safety,equipment, ambulance design and all other laws andordinances54 Prior approval of the Country shall be required whereownership or control of more than 10percent of theright of control of franchisee is acquired by a personor group of persons acting in concert,, ,,none of whomown or control 10 percent or more of such right ofcontrol, , singularly or collectively, at the date of¦177178January 6, 1992 Continuedthe franchise By its acceptance of the franchise,-the franchisee specificall-Y agrees that any suchacquisition occurring without prior approval of thecounty shall constitute a violation of the franchiseby the franchisee and shall be cause for terminationat the option of the County55 Any change of ownership of a franchised ambulanceservice without the approval of the County shallterminate the franchise and shall require a newapplication and a new franchise and conformance withall the requirements of this Ordinance as uponoriginal franchising56, Any change in the -Level of service offered of afranchised ambulance service, rescue squad or firstresponder unit without the approval of the Countyshall terminate the franchise and shall require a newapplication and a new franchise and conformance withall the requirements of -this Ordinance as uponoriginal franchising57 No franchise may be sold, assigned, mortgaged, orotherwise transferred without the approval of theCounty; and a finding of conformance with allrequirements of this Ordinance as upon originalfranchising Each franchised ambulance service, itsequipment and the premises designated in theapplication and all records relating to itsmaintenance and operation, as such, shall be open toinspection by the State, the County, or theirdesignated representatives58 The franchise certificate shall be I posted in a readilyvisible location at the base of operations for thefranchised service,59 A franchise certificate may not be defaced, removed,or obliteratedSECTION V1 STANDARDS FOR DRIVERS AND ATTENDANTS61 Standards for drivers and attendants as developed bythe North Carolina Medical Care Commission as require-ments for certification of ambulance attendants andemergency medical technicians pursuant to Article 7,Chapter 131E-158, and Artic le 56, Chapter 143, of theGeneral Statutes of North Carolina, and rules andregulations promulgated by the Board of MedicalExaminers for Advanced Life Support Technicians shallbe applied and the same are incorporated herein byreferenceSECTION VII_ STANDARDS MR VEHICLES AND EQUIPMENT71 Vehicle and equipment standards as developed by theNorth Carolina Medical Care Commission pursuant toArticle 7, Chapter 131E-157, and Article 56, Chapter143, of the General Statutes of North Carolina, andshall be applied and the same are incorporated hereinby reference,SECTION VIII— STANDARDS FOR COMMUNICATIONS81 Each ambulance vehicle shall be equipped with anoperational two-way radio capable of establishing goodqualityvoice communications from within thegeographic confines of the county to each hospitalsemergency department in the county in which thetJanuary 6, 1992 Continuedambulance is based Each ambulance vehicle shall beequipped with two -way radio communicationscapabilities for Communications with all hospitalemergency departments to which transportation ofpatients is mace on a regular or routine basisanywhere within the state Each ambulance vehicleshell be equipped with an operational two -way radiocapable of establishing good quality voicecommunications from within the geographic confines ofthe County in whici1 the ambulance dispatching agencyis located02 Each ambulance provider shall maintain currentauthorizations or Federal Communication Commissionlicenses for all frequencies and radio transmittersoperated by that provider Copies of all authori-zations and licenses shall be on display and avail -able for inspection per Federal CommunicationCommissions Rules and Regulations83 Each base of operations must have at least one opentelephone line Telephone numbers must be registeredFrith each lacy enforcement agency and communicationscenter in the County of Johnston84 Each ambulance -Ball be dispatched from the countydispatch Center or an acceptable and approvedalternativeSECTION IX INSURANCE91 No ambulance franchise shall be issued under thisOrdinance, nor shall such franchise be valid afterissuance, nor shall any ambulance be operated in theti aunty of Johnston unless the franchisee has at alltimes in force and effect either insurance coverage,issued by an insurance company licensed to do businessin the State of North, Carolina,- or a bond withpersonal corporate surety for each and every ambulanceowned and or operated by or for the ambulance serviceProviding , for the payment of damages;a In the minimum sum of 500,000 for injury to ordeath of individuals in accidents resulting fromany cause for which the owner of said vehiclewould be liable on account of liability imposed onhim by law, regardless of whether the ambulancewas being driven by the owner or his agency; and,b In the minimum sulk, of 100,O00 for the loss of ordamage to the property of another, includingpersonal property, under life circumstances, insums as may be required by the State or asapproved by the County of JohnstonSECTION X RECORDS101 Each franchisee shall maintain the following recordsa Record of Dispatch - Shall show time call wasreceived, time ambulance dispatched, time arrivedon scene, time arrived at destination, time inservice, and time returned to baseb T_ rip Record - Shall state all information requiredin Section a in addition to information on aform approved by the County The trip recordshall be so designed as to provide the patientwith a copy -thereof containing all required179DetailsAnnotationsEntry PropertiesModified11192013 10406 PMCreated4152003 125050 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date161992Book19